Mary-Ann Warmerdam Director

Arnold Schwarzenegger
Governor

CALIFORNIA AUTHORIZATION FOR PESTICIDE USE UNDER USEPA 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.

Location: Fresno, Kern, Kings, and Tulare Counties

Crop/Site/Commodity:  Nectarines and peaches (post-harvest treatment only)

Target Pest/Problem:  Sour rot (Geoptrichum candidum)

Method of application:   Packinghouse, only
Low volume-controlled droplet application (CDA)
High volume-T-jet or flooder

Dosage: Low volume: Use 2-4 oz. of product per 200,000 lbs. of fruit in 7-25 gallons of water, wax/oil emulsion, or aqueous dilution of wax/oil emulsion.

High volume: Use 2-4 oz. of product per 200,000 lbs. of fruit in 25-100 gallons of water, wax/oil emulsion, or aqueous dilution of wax/oil emulsion.

Dilution Rate:   See "Dosage."

Frequency/Timing of Application:    Make only one application as a post-harvest treatment.

Restricted Entry Interval (REI):  N/A

Preharvest Interval (PHI):  N/A

Effective Date:   April 17, 2008

Expiration Date:   September 30, 2008

Other Requirements:

1. A maximum of 50 million cartons (25 lbs./carton.) of nectarines and peaches (combined) may be treated under this exemption.
2. Workers handling fruit after application (i.e., managing packing operations, etc.) must wear rubber or neoprene gloves.
3. This pesticide is not federally registered. Therefore, any unused, unregistered product must either be returned to the manufacturer or distributor (unopened containers) or disposed of in accordance with Resource Conservation and Recovery Act regulations following the expiration of this exemption.
4. Residues of propiconazole resulting from applications made in accordance with this exemption are not expected to exceed 1.0 ppm in/on nectarines and peaches. There is currently a tolerance allowed under 40 CFR 180.434 at 1.0 ppm propiconazole for nectarines and peaches for the registered pre-harvest use on the stone fruit group which includes nectarines and peaches. Fruit treated under the pre-harvest use, and again post-harvest under this exemption could have propiconazole residues up to 2.0 ppm. EPA has concluded that this level is adequate to protect the public health, and has established a 2.0 ppm time-limited tolerance for propiconazole residues in/on nectarines and peaches. This time-limited tolerance will expire on December 31, 2010. For enforcement purposes, analytical methodology is available in PAM II; analytical reference standards are available from the manufacturer.

All applicable directions, restrictions, and precautions on the Mentor product label (CA. Reg. No. 100-06009-EE) and these use directions must be followed.

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 reissuance 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 DPR 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 Pesticide Registration Branch, 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 is Not an Authorized Label

Andrew Yokoyama
Senior Environmental Scientist
Pesticide Registration Branch
(916) 324-3914
E-mail: ayokoyama@cdpr.ca.gov