WSR 00-18-109

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed September 6, 2000, 11:29 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-03-078 and 00-03-077.

Title of Rule: General pesticide rules, chapter 16-228 WAC, WAC 16-228-1220, 16-228-1300, 16-228-1320, 16-228-1400, and 16-228-1420.

Purpose: Revise rules for purposes of clarity, uniformity and to suffice the rule-making requirements of chapter 17.21 RCW. Also, this proposal is intended to revise the general rules to specify label requirements for certain pesticide registrations and emergency exemptions from registration.

Statutory Authority for Adoption: RCW 15.58.040 (2)(i) and chapter 17.21 RCW.

Statute Being Implemented: Chapters 15.58 and 17.21 RCW.

Summary: This proposal seeks modifications to existing rules.

OVERVIEW OF PROPOSED CHANGES


The following is an overview, by section of proposed changes to the general pesticide regulations.

WAC 16-228-1220 Restrictions applying to any person holding, handling, using, or disposing of pesticides and their containers. The proposed changes are intended to clarify the storage requirements. The existing rules specify how pesticides are to be stored by category as well as by signal word. The proposed changes delete the category and focus strictly on signal word. This will allow individuals to focus on the signal word, which appears on every pesticide label. Once the signal word is identified from the label, individuals can determine more easily the storage requirements necessary to achieve compliance.

WAC 16-228-1300 Distribution records. The first change is to add the word "full" to those sections, which require a name. This will aid the department in enforcement cases by providing more accurate information concerning pesticide purchases. The second proposed change is to require dealers to keep records related to the crop or site to which pesticides will be applied, if known. This provision was inadvertently removed from the rules during the last revision. It is important to add this provision back to the rules for compliance and enforcement purposes. The third change is the deletion of subsections (2) and (3). The same requirements are found in WAC 16-228-1231 and are no longer needed in this section.

WAC 16-228-1320 Applicator requirements. The proposed changes to this section are necessary in order [to] be consistent with RCW 17.21.100 which deals with recordkeeping. Specifically, the law allows records to be kept on any form, not just those forms, which have been adopted by the department. The law does require that upon request by the department the records shall be provided on an adopted form. Therefore the proposed changes will make the rules consistent with the requirements of RCW 17.21.100.

In addition to these changes, there is also one new section entitled: Landscape marker removal schedule. RCW 17.21.410 establishes the requirement for placing markers (posting) at the time of certain landscape applications. RCW 17.21.410 also requires that the marker be removed by the property owner or tenant according to a schedule established in rule. Currently there is no removal schedule; therefore the department needs to adopt rules related to marker removal. The department has determined that most pesticides applied to landscapes have no restricted interval requirements on the pesticide labels. When labels have no restricted interval requirement entry is allowed at such times sprays have dried. However, the proposed rules would require a minimum twenty-four hours when no restricted intervals are required. The proposal also requires the commercial applicator to inform the property owner or tenant of the interval requirements when the product label requirements for entry are greater than twenty-four hours.

For additional information concerning this proposal please contact Cliff Weed at (360) 902-2036.

Overview of Registration Program's Request for

Pesticide Labeling Rule Changes



For the vast majority of pesticides distributed and used in the state of Washington the pesticide labels are first registered by the United States Environmental Protection Agency (EPA) under section 3 of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). These products are then subsequently registered by WSDA. With section 3 products, since the labels are actually reviewed and approved at the federal level, WSDA has very little input on the wording of specific labels. There are other types of registrations that WSDA is much more highly involved with and works directly with registrants to develop labels. In the case of section 24c special local need (SLN) registrations and section 18 emergency exemptions from registration. WSDA is simply adding label requirements that we have required by policy into rules in order to more clearly define requirements to registrants. With spray adjuvants and section 25b products (both further described below) neither of which are registered at the federal level, label requirements have more clearly developed over the last few years.

Labeling Requirements for Section 18 Emergency Exemptions From Registration: EPA grants section 18 emergency exemptions in the form of a letter that is addressed to WSDA. The letter states or refers to all requirements that EPA feels are necessary to adequately protect people and the environment. However, rather than list out all the requirements the EPA sometimes refers to requirements submitted by the state in their request package, or they may refer to the section 3 label or the draft section 18 label of the product requested. In addition, in certain instances WSDA has found it necessary to implement state specific requirements that EPA has not included on the granting document. In order to comply with all requirements of the section 18 exemption applicators often have to refer to multiple documents from various sources. WSDA believes that this is a burden to applicators when trying to make sure they are in compliance with the law. WSDA believes that the best way to alleviate this is to incorporate all requirements onto a single document. The most appropriate document is a section 18 label created by the registrant. The proposed rules require that section 18 pesticides be accompanied by a label approved by the department.

Historically, WSDA has not required a label for use under section 18 because, especially when crisis exemptions are necessary, registrants may not be able to generate a label before the critical use is needed. Over the last few years this has become very impractical (considering the manner in which EPA is composing the granting document) to the point where chances are increased that a violation (thus possible harm to humans or the environment) could occur. Incorporating all requirements on one document, the label, would go a long ways toward preventing this. Some other states (i.e. - Oregon) already require a section 18 label so most registrants involved with a section 18 create a label anyway. The rules provide for those situations where registrants are not able to create a label in time to meet the emergency use.

Labeling Requirements for Section 24c Special Local Need (SLN) Registrations: Under section 24c of FIFRA states are granted the authority to register pesticide uses to meet special local needs within the state. These registrations are based upon federally registered products (or occasionally a federally registered active ingredient) and must meet specific criteria established by EPA. EPA reviews each label after issuance by the state and oversees the program in a general manner, however, it is the state's responsibility to review and approve the label that is issued. The proposed rules formalize what the department requires by policy (to meet EPA and state requirements) in order to issue a [section] 24c registration.

Labeling Requirements for Spray Adjuvants: Spray adjuvants are not registered by EPA or any other federal agency. Certain states including Washington register spray adjuvants. The main reason spray adjuvants are not regulated by EPA is because generally, spray adjuvants do not make pesticidal claims and they are not as toxic or hazardous as pesticides. However, some spray adjuvants can be quite hazardous and in certain cases may present more risk to people or the environment than the pesticides they are applied in conjunction with. In general, precautionary language is not consistent with precautionary language of pesticides with equal toxicological properties. This in conjunction with increased concerns over endangered salmonids as well as greater demand to find adjuvants that increase the efficacy of aquatic pesticides. In the last couple years these and other factors have caused WSDA to take a closer look at adjuvants. The proposed rules incorporate into rule labeling requirements WSDA has developed as policy over the last couple years.

Labeling Requirements for Pesticides Exempt From Federal Registration Requirements Under Section 25b of FIFRA: In 1996 EPA exempted certain "minimum risk" pesticides from FIFRA requirements if they satisfy certain conditions. Even though EPA exempted these products from federal registration, state law which requires these products to be registered by WSDA did not change. The necessity of ensuring that section 25b labels have adequate language to protect people and the environment shifted to WSDA. Since EPA exempted these products in 1996 WSDA by policy has attempted to require basic label language consistent with other pesticides labels. The proposed rules incorporate into rule labeling requirements WSDA has developed as policy since the federal exemption was created.

Changes to WAC 16-228-1420 Regarding "The Complete Pesticide Formula": Proposed changes make the rule consistent with the requirement of FIFRA which requires that inert ingredients be named on labels of products exempt from federal registration under section 25b. The change allows the department to register labels that name inert ingredients and thus "release" information that may be listed on the registrant's confidential statement of formula.

For additional information concerning this proposal please contact Erik Johansen at (360) 902-2078.

The proposal also seeks to establish a new section related to marker schedule.

Reasons Supporting Proposal: See Summary above.

Name of Agency Personnel Responsible for Drafting: Erik Johansen and Cliff Weed, Olympia, (360) 902-2078, (360) 902-2036; Implementation and Enforcement: Joel Kangiser and Cliff Weed, Olympia, (260) [(360)] 902-2027, (360) 902-2036.

Name of Proponent: Washington State Department of Agriculture, governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: See Summary above.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: For an explanation and purpose of changes to pesticide labeling requirements see Summary above. The anticipated effects of changes to the labeling requirements will be minimal since most of the changes are currently requirements by policy. Registrants will have a better idea of the expectations of the department since they will be clearly spelled out in the rules.

Also see Summary above for an overview of proposed changes to WAC 16-228-1220, 16-228-1300, and 16-228-1320, as well as a new section related to marker schedules. In brief, the proposed changes will clarify, provide uniformity and to suffice the rule-making requirements of chapter 17.21 RCW.

Proposal Changes the Following Existing Rules: See Summary above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement was determined to be unnecessary because the economic impact from the rule changes will be negligible.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Washington State Department of Agriculture is not a listed agency in section 201.

Hearing Location: The videoconference hearing will be held at 3 DIS sites simultaneously; at 710 Sleater-Kinney Road S.E., Suite Q, Lacey, WA 98503; at North 1101 Argonne, Suite 109, Spokane, WA 99201; and at Yesterday's Village, 15 West Yakima Avenue, Suite 220, Yakima, WA 98902, on October 10, 2000, at 7:00 p.m.

Assistance for Persons with Disabilities: Contact Laurie Mauerman by October 2, 2000, TDD (360) 902-1996.

Submit Written Comments to: Laurie Mauerman, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, fax (360) 902-2093, by October 11, 2000.

Date of Intended Adoption: October 24, 2000.

September 6, 2000

Bob Arrington

Assistant Director


AMENDATORY SECTION(Amending WSR 99-22-002, filed 10/20/99, effective 11/20/99)

WAC 16-228-1220
Restrictions applying to any person holding, handling, using, or disposing of pesticides and their containers.

(1) Any person handling, applying, or disposing of pesticides or pesticide containers shall do so in such a manner to minimize hazard to commercially important pollinating insect species. Due care shall be taken to regulate the timing and technique of pesticide applications to or around blossoming plants.

(2) No person shall transport, handle, store, load, apply, or dispose of any pesticide, pesticide container or apparatus in such a manner as to pollute water supplies or waterways, or cause damage or injury to land, including humans, desirable plants and animals, or wildlife: Provided, That a pesticide labeled for aquatic use and used as directed shall not be considered a violation of this subsection: Provided further, That disposing of pesticides at disposal sites approved by the appropriate agency complies with the requirements of this subsection. Toxicity, volatility, and mobility of pesticides shall be considered in complying with this subsection.

(3) No person shall pollute streams, lakes, and other water supplies in pesticide loading, mixing, and application. Adequate, functioning devices and procedures to prevent backsiphoning shall be used.

(4) None of the following pesticides shall be applied by aircraft or airblast sprayers immediately adjacent to occupied schools in session, hospitals, nursing homes or other similar establishments under conditions that may result in contamination of these establishments or their premises:

(a) Disulfoton (DiSyston)-Liquid

(b) Parathion

(c) Phorate (Thimet)-Liquid

(5) No person shall apply pesticides if weather conditions are such that physical drift or volatilization may cause damage to adjacent land, including humans, desirable plants or animals.

(6) Requirements for unattended pesticides and their containers:

(a) Good generally accepted housekeeping practices shall be maintained for all pesticides and their containers.

(b) The provisions of (d) and (e) of this subsection and subsection (7) of this section shall not apply to empty pesticide containers when adequately decontaminated (e.g., three successive rinsings); shall not apply to categories 2, 3, and 4 pesticide formulations labeled for home and garden use only.

(c) For the purposes of (d) and (e) of this subsection and subsection (7) of this section, pesticides and their containers at the loading area shall not be considered unattended during the spraying operation if the operator maintains either visual control or repeatedly returns at closely spaced intervals.

(d) ((Category 1 -- )) Pesticides labeled with the signal word "danger/poison" and their containers shall be stored in one of the following enclosures which, when unattended, shall be so constructed and locked (except (v) below) to prevent children, unauthorized persons, livestock, or other animals from gaining entry.

(i) Closed vehicle.

(ii) Closed trailer.

(iii) Building or room or fenced area with a fence at least six feet high.

(iv) Foot locker or other container which can be locked.

(v) Unattended trucks or trailers which have solid sideracks and secured tailgate at least six feet above ground, ramp or platform level.

(vi) Bulk storage containers fifty gallons and larger with tight screw-type bungs and/or secured or locked valves.

(e) ((Category 2 -- p)) Pesticides labeled with the signal word "danger when not accompanied by the signal word poison, pesticides labeled with the signal word "warning" and ((categories 3 and 4 -- )) pesticides labeled with the signal word "caution" and their containers shall be stored in secured storage out of the reach of children in one of the enclosures listed in (d) of this subsection: Provided, That metal containers, twenty-eight gallons and larger, with tight screw-type bungs and/or secured or locked valves and sealed five gallon containers (requiring tool to unseal) shall be considered secured storage.

(7) Requirements for posting of storage area for ((category 1)) pesticides and their containers labeled with the signal words "danger/poison":

(a) For purposes of this subsection, warning signs shall show the skull and crossbones symbol and the words: "Danger/Poison (or Pesticide or Chemical) Storage Area/Keep Out" in letters large enough to be legible at a distance of thirty feet.

(b) Warning signs shall be posted:

(i) On enclosures specified in subsection (6)(d) of this section, when such enclosures are unattended;

(ii) At each entrance or exit from a storage area and on each exterior wall, so that a sign is visible from any direction;

(iii) If the pesticide storage area is contained in a larger, multipurpose structure, warning signs shall be clearly visible on each exterior wall of the structure within thirty feet of the pesticide storage area and from the main entrance to the larger structure: Provided, That posting of the main entrance shall not be required, if a sign is visible from the entrance which clearly identifies the possibility that pesticides may be stored on the premises, (i.e., XYZ Pest Control or XYZ Wood Treatment, Inc.);

(8) No person shall disperse a pesticide or pesticide rinsate from any aircraft while in flight except over the target field and at the customary application height for that crop: Provided, That emergency dumping shall not be considered a violation of this section.

[Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, 16-228-1220, filed 10/20/99, effective 11/20/99.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 99-22-002, filed 10/20/99, effective 11/20/99)

WAC 16-228-1300
Distribution records.

(1) Pesticide dealers shall furnish records to the director immediately upon request on the distribution of any pesticide except those labeled only for home and garden. These requests shall be limited to records necessary for investigations of suspected violations, damage complaints, monitoring distribution and use under provisions of special local needs registrations, emergency exemptions from federal registration and experimental use permits, and monitoring of any pesticide suspected of unreasonable adverse effects on the environment. The records shall contain the following information:

(a) Full Name and address of purchaser;

(b) Full Name and address of certified applicator (if different from (a) above if applicable);

(c) Full Name of authorized agent (if applicable);

(d) Brand and specific pesticide name and/or EPA registration number;

(e) Number of pounds or gallons of the pesticide distributed;

(f) Date of distribution;

(g) Certified applicator number (if applicable).

(h) Crop and/or site to which pesticide will be applied (if known).

(((2) Certified applicators may designate authorized agent(s) for the purpose of purchasing or receiving restricted use pesticides by making previous arrangements with the pesticide dealer, or the authorized agent may provide written authorization to the dealer at the time of purchase. At the time of purchase by an authorized agent the pesticide dealer shall require the certified applicator's name and license or certification number.

(3) Pesticide dealers shall keep records of distribution of state restricted use pesticides for a period of seven years from the date of distribution.))

[Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, 16-228-1300, filed 10/20/99, effective 11/20/99.]


AMENDATORY SECTION(Amending WSR 99-22-002, filed 10/20/99, effective 11/20/00 [11/20/99])

WAC 16-228-1320
Applicator requirements.

(1) Certified applicators and all persons applying pesticides to more than one acre of agricultural land in a calendar year including public entities engaged in roadside spraying, and all persons making landscape applications of pesticides to types of property listed in RCW 17.21.410 (1), (b), (c), (d) and (e) shall keep records for each application ((on a form prescribed by the director)) which shall include the following:

(a) The name and address of the person for whom the pesticide was applied.

(b) The address or exact location of the land where the pesticide was applied. If the application is made to one acre or more of agricultural land, the field must be located on the map on the ((prescribed)) adopted form. Location of agricultural land shall be made using section, township and range or by irrigation block and farm unit numbers.

(c) The year, month, day and start and stop time the pesticide was applied.

(d) The product name used on the registered label and the United States Environmental Protection Agency registration number, if applicable, of the pesticide which was applied.

(e) The direction from which the wind is blowing and estimated velocity of the wind in miles per hour (mph) and the temperature in degrees Fahrenheit at the time the pesticide was applied: Provided, That this subsection (e) shall not apply to applications of baits in bait stations and pesticide applications within structures.

(f) The total amount of pesticide applied such as pounds, gallons, ounces, etc.

(g) The amount of pesticide applied per acre or one thousand square feet or other appropriate measure.

(i) For PCO classification or residential ornamental applications, the amount shall be recorded to the nearest ounce of product or to the nearest gallon of liquid spray per site.

(ii) Fumigation records shall include the pounds of gas released per one thousand cubic feet of space, the temperature, and the duration of the exposure period.

(h) The concentration of pesticide that was applied. Liquid applications may be recorded as amount of product per one hundred gallons of liquid spray or other appropriate measure. (Examples include, but are not limited to, the amount of formulation per one hundred gallons of water, percent formulation in the tank mix (i.e.) 1%, or gallons per acre of output volume.)

(i) The pests to be controlled (for PCO classification only).

(j) Specific crop or site to which pesticide was applied.

(k) Apparatus license plate number.

(l) The licensed applicator's name, certified pesticide applicator license number, address, telephone number, and the name and license number(s) if applicable of the individual or individuals making the application.

(m) The number of acres or other appropriate measure to which the pesticide was applied.

(2) Application records shall be completed and available to the department the same day the pesticides were applied.

(3) Application records shall be kept for a period of seven years from the date of the application of the pesticide to which such records refer. The director shall, upon request in writing, be furnished with a copy of such records forthwith by the licensee.

(4) Upon written request, the applicator shall provide the customer with a record of each application of pesticides to his/her land, for the current season, which shall contain the information listed in WAC 16-228-((1330))1320(1).

(5) Except as stated in subsection (6) of this section, the information required in subsection (1) of this section shall be ((kept)) provided upon request on the appropriate page of the pesticide record form (figures 1-8): Provided, That computerized records may be maintained as long as the records can be produced in the form and format prescribed by the department.

(6) The department may allow by written permit the information required in subsection (1) of this section to be kept in a different form and format than that described in figures 1-8: Provided, That the following criteria are met:

(a) The pesticide application record keeping system is computerized;

(b) ((The pesticide application record keeping system was in place and operational prior to July 23, 1989;

(c))) The pesticide application record keeping system contains all the information required by subsection (1) of this section, and can be produced in a form and format acceptable to the department.

(7) All apparatus shall be kept in good repair and only that apparatus capable of performing all functions necessary to ensure proper and thorough application of pesticides shall be used. Apparatus shall be cleaned so that no residue remains which may cause injury to land, including humans, desirable plants and animals, from subsequent applications.

(8) On demand of the director, the applicator shall make immediately available for inspection the pesticides being applied and the apparatus used for the application: Provided, That this inspection is made at the site of application or where the apparatus is located.

(9) The applicator shall make available necessary safety equipment in proper working order and advise employees on its use to meet the safety requirements of the pesticide label.

(10) Maintain a uniform mixture at all times in operating apparatus when applying pesticides.

(11) All containers used for prepared mixtures, other than those in an apparatus, shall have a label identifying the contents as a pesticide, the active ingredient, and appropriate cautions.

[Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, 16-228-1320, filed 10/20/99, effective 11/20/99.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
NEW SECTION
WAC 16-228-1322
Landscape marker removal schedule

(1) The marker shall remain in place for a minimum of twenty-four hours from the time the landscape application is originally posted as required by RCW 17.21.410.

(2) In the event the pesticide label requires a restricted entry interval greater than twenty-four hours, the certified applicator shall provide the property owner or tenant with the restricted entry interval times consistent with the label requirements. Markers shall remain in place consistent with the restricted entry interval times as required by the label.

(3) The property owner or tenant shall remove the marker of any landscape posted under the requirements of RCW 17.21.410 consistent with this schedule.

[]


AMENDATORY SECTION(Amending WSR 99-22-002, filed 10/20/99, effective 11/20/99)

WAC 16-228-1400
Pesticide labeling requirements.

(1) In addition to the requirements set forth in (2) through (5) below, pesticide labeling shall meet the standards or criteria of ((the Federal Insecticide, Fungicide and Rodenticide Act)) FIFRA.

(2) Any pesticide exempted from registration under the provisions of section 18 of FIFRA must be labeled as follows:

(a) Pesticides distributed under section 18 of FIFRA must be accompanied by a label approved by the department prior to distribution. All conditions set forth in the document granting the emergency exemption and all other requirements determined to be necessary by the department must be included on the label.

(b) In situations where a label cannot be developed and approved prior to the intended use period, the department may allow the use of the document granting the emergency exemption in lieu of labeling. Conditions set forth as part of ((an exemption from registration under provisions of section 18 of FIFRA)) the granting document, and any attached or associated documentation from the department shall be considered labeling for purposes of enforcement.

(3) Labels for spray adjuvants must include the following:

(a) The product brand name.

(b) The type or function of principal functioning agents. Terms used to describe adjuvant functions must be consistent with American Society for Testing and Materials (ASTM) Standard E 1519, unless ASTM has not defined a term. In the absence of an ASTM definition, the department will determine the appropriate term(s). Functions claimed must be consistent with the principal functioning agents. If two or more functions are claimed, then the functions must be listed in descending order (starting with the primary function).

(c) An ingredient statement that shall include the following:

(i) "Principal functioning agents." The principal functioning agents must be listed by chemical name in descending order of composition with either individual or total percentage(s). If more than 3 functioning agents are present, only the 3 principal agents need to be listed;

(ii) The percentage of "Constituents ineffective as spray adjuvants," and

(iii) The total percentage of all ingredients which must equal 100%.

(d) Directions for use that must include a description of intended uses and recommended use rates.

(e) Precautionary statements adequate to protect people and the environment that shall include the following:

(i) The statement "Keep Out Of Reach Of Children."

(ii) A signal word (danger, warning or caution) and precautionary statements (including requirements for personal protective equipment, if applicable) consistent with product toxicity data; and

(iii) A statement prohibiting aquatic use, unless the registrant provides data to demonstrate that the proposed use will not cause unreasonable adverse effects to fish and aquatic invertebrates.

(f) An appropriate storage and disposal statement.

(g) The name and address of the registrant or manufacturer. If the registrant's name appears on the label and the registrant is not the manufacturer, then the name must be qualified by appropriate wording such as "Packaged for" or "Distributed by."

(h) The weight or measure of the contents.

(i) Optional information: The spray adjuvant label may also include an exemption from tolerance statement (if applicable), an unsulfonated residue (UR) value (if applicable), the Washington registration number and a label identification code (such as the revision date).

(4) Special local need (SLN) labels issued under section 24c of FIFRA must include the following:

(a) A federal or state Restricted Use Pesticide (RUP) designation statement (when applicable).

(b) The statement "FOR DISTRIBUTION AND USE ONLY WITHIN THE STATE OF WASHINGTON."

(c) The product brand name.

(d) The EPA and SLN registration numbers of the product.

(e) The statement: "It is a violation of federal law to use this product in a manner inconsistent with its labeling."

(f) The statement: "This labeling must be in the possession of the user at the time of application."

(g) One of the following statements:

(i) For agricultural use SLN labels the statement: "Follow all applicable directions, restrictions, worker protection standard requirements, and precautions on the EPA registered label"; or

(ii) For non-agricultural use SLN labels the statement: "Follow all applicable directions, restrictions, and precautions on the EPA registered label."

(h) Directions for use that must include the following: crop or site to be treated, pest(s) to be controlled, application rate and concentration, method of application, frequency and timing of application, and pre-harvest interval.

(i) All restriction or precaution statements (e.g. pollinator protection, herbicide drift, aquatic toxicity, chemigation, seed crop requirements) applicable to the use.

(j) The statement: "This label for (Product name) expires and must not be distributed or used in accordance with this SLN registration after December 31, Fifth year." Fifth year means the fifth year after issuance of the SLN label.

(k) The name and address of the SLN registrant.

(l) A label identification code (such as the revision date).

(m) Any other applicable information required by the EPA or the department.

(n) In situations where the department deems it appropriate, the use of alternative language and/or statements may be allowed or required.

(o) Optional information: The SLN label may also include a waiver of liability statement (if applicable). The waiver of liability statement must be consistent with EPA requirements.

(5) Labels for minimum risk pesticides exempted from federal registration under section 25(b) of FIFRA must include the following:

(a) The product brand name.

(b) The product function. The function(s) claimed must be consistent with product ingredients.

(c) An ingredient statement that shall include the following:

(i) "Active ingredients." These ingredients must be listed by name (in descending order of composition) with individual percentage(s). Only active ingredients listed in 40CFR152.25(g) are permitted;

(ii) "Inert ingredients" or "Other ingredients." These ingredients must be listed by name with the cumulative percentage of all inert ingredients stated on the label. Only inert ingredients on EPA Inerts List 4A are permitted; and

(iii) The total percentage of all ingredients which must equal 100%.

(d) Directions for use that must include a description of intended uses and use rates. The label must not bear claims either to control or mitigate microorganisms that pose a threat to human health.

(e) Precautionary statements adequate to protect people and the environment that shall include the following:

(i) The statement "Keep Out Of Reach Of Children," and

(ii) A signal word (danger, warning or caution) and precautionary statements (including requirements for personal protective equipment, if applicable) consistent with product toxicity data.

(f) An appropriate storage and disposal statement.

(g) The name and address of the registrant or manufacturer. If the registrant's name appears on the label and the registrant is not the manufacturer, then the name must be qualified by appropriate wording such as "Packaged for" or "Distributed by."

(h) The weight or measure of the contents.

(i) Optional information: The minimum risk pesticide label may also include the Washington registration number and a label identification code (such as the revision date).

[Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, 16-228-1400, filed 10/20/99, effective 11/20/99.]


AMENDATORY SECTION(Amending WSR 99-22-002, filed 10/20/00 [10/20/99], effective 11/20/99)

WAC 16-228-1420
Complete pesticide formula.

The complete pesticide formula shall include a listing of each active and inert ingredient and the percentage of each ingredient. This information will be kept confidential and is exempt from disclosure as a public record as provided by RCW 15.58.065 except for names of inert ingredients of pesticides exempt under section 25b of FIFRA which according to CFR 152.25 (g)(3)(i) must have this information on the label. Information required by this section may be submitted on company letterhead marked "confidential" in red ink on each sheet or each "EPA confidential statement of formula" information sheet.

[Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, 16-228-1420, filed 10/20/99, effective 11/20/99.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Washington State Code Reviser's Office