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:  Stanislaus County

Crop/Site/Commodity:  Large lima beans (dried)

Target Pest/Problem:   Two-spotted spider mites (Tetranychus urticae)

Method of application:   Ground rig & aircraft

Rate of application:  Apply 8-16 oz. (0.0095-0.019 lb. a.i.) of product per acre

Dilution Rate:   Apply with 20-30 gallons of water per acre by ground rig.
Apply with 10-15 gallons of water per acre by aircraft.
Under conditions such as high pest populations, dense foliage, or adverse weather (such as high temperatures), use a greater volume of water to insure adequate coverage.

Frequency/Timing of Application:    Make 1-2 applications per season.

Restricted Entry Interval (REI):  12 hours

Preharvest Interval (PHI):   7 days

Effective Date:   April 25, 2008

Expiration Date:   August 31, 2008

Other Requirements:

1. A maximum of 10,000 acres of large lima beans may be treated in Stanislaus County.
2. Residues of abamectin are not expected to exceed 0.005 ppm in or on lima beans (non-succulent) as a result of authorized use under this exemption. A time-limited tolerance is in the process of being established at this level.
3. For best control of mites, apply Agri-Mek 0.15 EC with ground equipment. With aerial application, spray coverage and the resulting control of mites is less than ground application. For this reason, the user accepts all liability for the level and duration of control of mites when Agri-Mek 0.15 EC is aerially applied.
4. This product is highly toxic to bees exposed to direct treatment or residues on blooming crops and weeds. Do not apply this product or allow it to drift to blooming crops or weeds if bees are visiting the treatment area.
5. Use of this product may pose a risk to threatened and endangered species of fish, amphibians, crustaceans (including fresh water shrimp), and insects. All use of this product in the state of California should comply with the recommendations of the California Endangered Species Project. Before using this product in California, consult with your local county agricultural commissioner to determine the use limitations that apply in your area.

All applicable directions, restrictions, and precautions on the U.S. EPA registered label for Agri-Mek 0.15 EC label (EPA Reg. No. 100-898) and these use instructions 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