Mary-Ann Warmerdam Director

Department of Pesticide Regulation


See: cover letter


Arnold Schwarzenegger
Governor

October 26, 2007 No. 07-11
   
   

CALIFORNIA AUTHORIZATION FOR PESTICIDE USE UNDER U.S. EPA SECTION 18 SPECIFIC EXEMPTION FOR DISTRIBUTION AND USE ONLY WITHIN CALIFORNIA

Pursuant to authority granted under Section 18 of the Federal Insecticide, Fungicide and Rodenticide Act and 40 CFR, Part 166, approval is granted to use the pesticide shown below to control specified emergency.

Product: Topsin-M 70WP Fungicide EPA Reg. No.: 4581-403,
73545-11
or
73545-11-82695
Firm Name: Cerexagri, Inc
630 Freedom Business Center, Suite 402
King of Prussia, PA 19406
 

Location:  Statewide

Crop/Site/Commodity:  Mushroom spawn grains and mushroom growing supplement

Target Pest/Problem:  Green Mold (Trichoderma harzianum) – For suppression

Method of application:    Ground

Dosage:   a. For suppression of Trichoderma Green Mold in mushroom spawning media. Thoroughly mix 2.0 lbs. of Topsin M 70WP Fungicide (1.4 lbs. a.i.) with 80 to 100 lbs. of gypsum, limestone or chalk. Use this mixture to coat spawn grains (approximately 1,600 units) before mixing the spawn into the mushroom growing substrate. Apply treated spawn to 8,000 square feet of bed surface at spawning.

b. For suppression of Trichoderma Green Mold in mushroom growing supplement. Thoroughly mix 2.0 lbs. of Topsin M 70WP Fungicide (1.4 lbs. a.i.) with 80 to 100 lbs. of gypsum, limestone or chalk. Use this mixture to coat supplement (approximately 2,000 lbs.) before mixing the supplement into the mushroom growing substrate. Apply treated supplement to 8,000 square feet of bed surface at spawning.

Dilution Rate:  See “Dosage”.

Frequency/Timing of Application:  See “Dosage”.

Restricted Entry Interval (REI):  N/A

Preharvest Interval (PHI):  N/A

Effective Date::  October 26, 2007

Expiration Date:  October 26, 2008

Other Requirements:

  1. 1. A maximum of 5,520,000 square feet of growing area per crop, with up to four crops per year may be treated.

  2. Do not apply more than 4.0 lbs. of Topsin-M 70WP Fungicide (2.8 lb. A.I.) per mushroom crop.

  3. Mixer/loader/applicators must wear coveralls over long-sleeved shirts and long pants, shoes plus socks, and chemical resistant gloves. A NIOSH/MSHA approved N,R,P, or HE respirator must also be worn.

  4. This use is prohibited if spreading of both treated spawn and supplement are done by hand. If spread by hand, only one -either the spawn or supplement - may be treated. However, use of mechanical application equipment should be used where available.

  5. U.S. EPA has determined the available residue data do not indicate that residues of thiophanate methyl and its metabolites will result from this use in mushrooms that are over the limit of quantitation of 0.01 ppm. A time-limited tolerance has been established in connection with this exemption at 0.01 ppm.

    Analytical methodology is available to enforce the tolerance expression. The method has passed EPA Petition Method Validation (PMV) and may be requested from: Calvin Furlow, PRRIB, IRSD (7502C) Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW, Washington DC 20460; telephone number (703) 305-305-5229; e-mail address: furlow.calvin@epa.gov

All applicable directions, restrictions, and precautions on the U.S. EPA registered label for Topsin M 70WP Fungicide (EPA Reg. No. 4581-403, 73545-11 or 73545-11-82695 ) and these use instructions label must be followed.

These use instructions must be in the possession of the user at the time of pesticide application.

Tank mixing with other compatible pesticides, spray adjuvants and fertilizers is allowed as long as all labeling and regulatory requirements are met and tank mixing is not otherwise prohibited.

The Department shall be immediately informed of any adverse effects resulting from the use of this exemption.

Please note: The U.S. EPA expects concerned growers or grower groups to work towards the registration of use patterns that may be needed on a continuing basis.  It will, therefore, be necessary to require applicants wishing to renew emergency exemptions to provide a progress report on residue tolerance and registration along with request for re-issuance of an emergency exemption.

Without substantial progress in pursuing a tolerance and registration for the use in question, it will be difficult to obtain an emergency exemption for another season.  The pesticide manufacturer or Western Region IR-4 may be contacted regarding the initiation of a pesticide petition for residue tolerance.

A final report must be submitted by the county agricultural commissioner to the Pesticide Registration Branch, Department of Pesticide Regulation within 45 days of the expiration date of this exemption.  This report must include the following information:

  1. Amount of product used.
  2. Units (i.e., acres, trees, cattle) treated.
  3. Number of applications.
  4. Estimate of effectiveness.
  5. Any adverse effects noted.

Prior to use under this exemption, a permit must be obtained from the county agricultural commissioner.  The permit shall state the maximum number of acres to be treated, maximum amount of product that may be applied, and dealer from which the product may be purchased.  The purchaser (permittee) or purchaser’s (permittee’s) agent must provide the seller, or person delivering the restricted material, a copy of the permit on the date the restricted material is delivered.  The dealer shall maintain a record of each sale which shall be made available to representatives of the Department of Pesticide Regulation or county agricultural commissioner upon request.  Such records shall include the date of sale or delivery, permit number, identity and amount of product purchased, and the name of the purchaser.

All applications of this material shall be made by or under the supervision of a certified applicator certified for this category of pest control. 

Agricultural pest control businesses shall submit a pesticide use report to the county agricultural commissioner within seven days of each treatment. Growers who apply this material shall submit a pesticide use report to the county agricultural commissioner by the 10th day of the month following the month in which the applications are made. The county agricultural commissioner in cooperation with the Department of Pesticide Regulation, will monitor the use of the product under this exemption and will prepare a written report describing any unusual or adverse effects attributable to this use.

This exemption does not constitute a recommendation of the Department of Pesticide Regulation and will not prevent quarantine action if illegal residues are found in or on any crop. To the extent consistent with applicable law, neither the Department nor the county agricultural commissioner, manufacturer or the formulator makes any warranty of merchantability, fitness of purpose, or otherwise, expressed or implied, concerning the use of a pesticide in accordance with these provisions. The user and/or grower acknowledge the preceding disclaimer.




This is Not an Authorized Label

Andrew Yokoyama
Agricultural Program Supervisor II
Pesticide Registration Branch
(916) 324-3914
E-mail: ayokoyama@cdpr.ca.gov

 
California Environmental Protection Agency