Mary-Ann Warmerdam Director

Department of Pesticide Regulation

See: cover letter


Arnold Schwarzenegger
Governor

November 19, 2007 No. 07-12
   
   

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: Mertect 340-F Fungicide
Firm Name: Syngenta Crop Protection, Inc.
410 Swing Road
Greensboro, North Carolina 27419 		 

Location:  Statewide

Crop/Site/Commodity:   Brussels sprouts, cabbage & cauliflower seed (Seed Treatment, Only)

Target Pest/Problem:  Black Leg (Phoma lingam)

Method of application:   For use only by commercial seed companies.  Apply directly to the seed in a mixing chamber of the company’s seed treatment equipment.

Prior to treating large batches of seed for commercial planting, test the following:

  1. Compatibility of mixing Mertect 340-F Fungicide with other seed treatment fungicides that are generally applied to the seed.
  2. Conduct a seed safety and germination test to make sure treatment is not phytotoxic to the seed.

Dosage:   Use 2 oz. (0.064 lbs. A.I.) of product per 100 lbs. of seed.

Dilution Rate:   Use sufficient water to uniformly cover the seed without getting seed overly wet.

Frequency/Timing of Application:   Only one application to seed prior to shipping.

Restricted Entry Interval (REI):   N/A

Preharvest Interval (PHI):   N/A

Effective Date:   November 19, 2007

Expiration Date:   November 17, 2008

Other Requirements:

  1. A maximum of 75,000 lbs. of seed may be treated.
  2. Do not use treated seed for any other purpose other than planting.  Treated seed must not be used for food, feed, or oil processing purposes.  Treated seed may be toxic to birds and other wildlife.  To prevent exposure, clean up any spilled seed immediately, and ensure that treated seed is properly incorporated into the ground at planting.
  3. Bags containing treated seed shall be labeled with the following information: “This seed has been treated with Mertect 340-F Fungicide.  Do not use for feed, food, or oil purposes. Store away from feeds and foodstuffs.
  4. Treated seed shall be dyed with an EPA-approved dye that imparts an unnatural color to the seed.
  5. This product is toxic to fish.  Do not apply directly to water, to areas where surface water is present, or to intertidal areas below the mean high water mark.  Do not contaminate water when disposing of equipment wash waters.
  6. For enforcement purposes, analytical methodology is available in PAM II; analytical reference standards are available from the manufacturer.
  7. Residues of thiabendazole resulting from applications made in accordance with this exemption are not expected to exceed 0.05 ppm in/on Brussels sprouts, cabbage and cauliflower grown from treated seed.  There are no feed items associated with this use, so potential transfer of residues to animal commodities will not occur.  These tolerances are effective until December 31, 2009.
  8. The following handling restrictions must be followed when handling thiabendazole or thiabendazole-treated seed:
    • work in a well-ventilated area, and wear chemical resistant gloves.
    • wear protective eye wear.
    • do not mix with bare hands.
    • keep out of reach of children.
    • use good personal hygiene, washing hands and exposed skin before eating, drinking, chewing gum, using tobacco, or using the toilet; no food, drink, or tobacco may be allowed in areas of chemical storage or use.
    • may be harmful if swallowed or absorbed through the skin; wash exposed skin thoroughly with soap and water after use.
    • remove all clothing immediately if pesticide gets inside; then wash thoroughly and put on clean clothing.

All applicable directions, restrictions, and precautions on the U.S. EPA registered label for Mertect 340-F Fungicide (EPA Reg. No. 100-889) and these use instructions 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 or 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, tree, 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 pounds of seed 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. 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