EPA730-N-95-003
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
SEP 28B96
OFFICE OF
PREVENTION, PESTICIDES AND
TOXIC SUBSTANCES
PESTICIDE REGULATION (PR) NOTICE 95-5
NOTICE TO MANUFACTURERS, FORMULATORS, PRODUCERS, REGISTRANTS,
WHOLESALERS, AND SELLERS OF AGRICULTURAL PESTICIDES
Attention: PERSONS RESPONSIBLE FOR REGISTRATION, SALE OR DISTRIBUTION OF
PESTiCiDE PRODUCTS
Subject:
This notice provides guidance to people who sell or distribute pesticides on: 1)
how to recognize pesticide products in their possession that do not comply with the
Worker Protection Standard (WPS) requirements, 2) how to bring all applicable product
labels into compliance with WPS requirements, so that such products may be legally sold
and distributed after October 23, 1995, 3) required actions by registrants, wholesalers,
and retailers in relabeling products, and 4) the deadline of October 23, 1996, by which
all products within the scope of the WPS must bear final, printed WPS replacement
labeling (not supplemental labeling as described in this notice).
Recycled/Recyclable
Printed with Soy/Canola Ink on paper that
contains at least 50% recycled fiber
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EPA730-N-95-003
\ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
\ 52j2ฃ j WASHINGTON, D.C. 20460
SEP 28 1995
OFFICE OF
To Retailers and Distributors of Agricultural Pesticides:
The Worker Protection Standard (WPS) for agricultural pesticides requires that any
pesticide sold or distributed by any person (including pesticide retailers and distributors) after
October 23, 1995, must bear labeling that complies with the WPS. The attached PR Notice
tells you how to (1) recognize pesticide product labels in your possession that have not yet
been revised to comply with WPS requirements and (2) modify these product labels to reflect
WPS requirements, so that you may legally sell or distribute these products after October 23,
1995.
The WPS labeling regulations (40 CFR Part 156, subpart K) require that certain
statements be placed on the labeling of all pesticide products within the scope of the WPS.
These statements reference the WPS and certain practices to reduce or eliminate exposure
from pesticides.
Registrants of affected pesticides were required to amend the product labeling by April
21,1 994, in accordance with PR Notice 93-7 and 93-1 1 , to comply with WPS labeling
requirements. Products sold or distributed by registrants since April 21, 1994, were required
to have amended labeling (except for a limited number that were included in the "released for
shipment" option in PR Notice 93-1 1) . However, you may have stocks of product that are
within the scope of the WPS and do not have labeling that complies with the WPS.
Under this PR Notice, registrants, wholesalers, and retailers have various
responsibilities to ensure that any relabeling takes place in accordance with this PR notice and
the WPS. The document provides several options for relabeling. Relabeling may be
conducted by the registrant by either recalling the product and relabeling with final printed
replacement labeling at a registered establishment or by relabeling at the location of the
product. If the registrant provides a written authorization, relabeling may also be performed
by the retailer or wholesaler at the location of the product and in accordance with this PR
notice. In addition, the PR notice allows the use of specified, product-specific, supplemental
labeling, provided that it is given to the end-user whenever the product is offered for sale and
accompanies the product at the time of sale and provided that a "STOP sticker" that meets
certain requirements is affixed to the existing label. Finally, the notice sets a one-year
timeframe, by whicl" all products within the scope of the WPS must bear final, printed WPS
replacement iabelinc (not supplemental labeling).
Darn
Director
Office of Pesticide Programs
Recycled/Recyclable
Printed wtth Soy/Canola Ink on paper that
contains at least 50% recycled fiber
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TABLE OF CONTENTS
I. Applicability of this Notice and Definitions 3
II. How to recognize product labels that need to
be amended to comply with the WPS 4
III. How to revise product labels to comply with the WPS 5
A. Required Action 5
1. Registrant
2. Wholesaler
3. Retailer
B. Options for Relabeling 8
1. Final printed replacement labeling
2. Supplemental product-specific labeling
and STOP stickers
C. Where pesticide-specific relabeling may
occur 12
IV. How to revise product labels of Special Products
to comply with the WPS 13
A. Orphan or cancelled products 13
B. Buy-out or transferred products 14
C. Deleted-uses products 14
D. Dormant products 15
V. Waiver of submission of amended and final printed 16
labeling which complies with this notice
VI. Deadline for relabeling and final sale/distribution 16
VII. For further information and assistance 16
Attachments
Attachment 1: Flow Chart of Relabeling Process
Attachment 2: Scope Criteria: Determining WPS Applicability to Individual
Products (excerpt from PR Notice 93-7)
Attachment 3: Example of Agricultural Use Requirement box
Attachment 4: Single-Product, Product-Specific "SUPPLEMENTAL LABELING
WITH WORKER PROTECTION REQUIREMENTS"
Attachment 5: Multi-Product, Product-Specific "SUPPLEMENTAL LABELING WITH
WORKER PROTECTION REQUIREMENTS" (brochure)
Attachment 6: "SUPPLEMENTAL LABELING WITH GENERIC WORKER
PROTECTION REQUIREMENTS"
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3
I. Applicability of this Notice and Definitions
A. Applicability
This notice applies to pesticide products that are within the scope of the WPS, do
not bear full WPS labeling, and are being sold or distributed by any person, other than
the registrant of the pesticide. Under this notice the registrant has the option to either
relabel the product or authorize the person(s) holding the product for distribution or sale
to relabel the pesticide. Both the registrant and the person(s) holding such pesticides are
responsible for relabeling these products in accordance with the WPS and this PR notice.
This notice does not apply to growers, custom applicators, or other persons holding
product for their own use, unless they also distribute and sell pesticides or are
registrants.
The WPS labeling regulations (40 CFR Part 156, subpart K) require that certain
statements be placed on the labeling of all pesticide products within the scope of the
WPS. These statements reference the WPS and certain practices intended to reduce or
eliminate human exposure to pesticides. The WPS establishes a schedule for meeting
these labeling requirements:
The schedule required that by April 21, 1994, all registrants of pesticides covered
by the WPS amend product labeling in accordance with PR Notice 93-7 and 93-11. Most
products sold or distributed by registrants since April 21,1994, should have labeling that
complies with the WPS. However, wholesalers and retailers may have stocks of product
that do not have WPS complying labeling. These stocks may originate from sources
such as:
(1) products shipped by registrants before the April 21, 1994 date;
(2) products distributed or sold by registrants under the "released for shipment"
option allowed under PR Notice 93-11 (products could be sold or distributed after
April 21, 1994 without the WPS label if the registrant agreed to either (a) recall
and relabel or (b) relabel them at wholesaler sites through an "authorized agent"
of the registrant by April, 1996); and
(3) "deleted use" products, for which the registrant has amended the registration to
delete certain uses thereby putting the product outside the scope of the WPS (see
Section IV.C),
The WPS provides that any person other than a registrant (e.g., pesticide retailers
or wholesalers) who has under their ownership, custody or control existing stock of
product that is within' the scope of the WPS but does not bear WPS labeling may NOT
legally sell or distribute the product after October 23, 1995. The primary purpose of this
PRN 95-5 September 28, 1995
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notice is to describe the process for relabeling to come into compliance the deadline. As
described above, wholesalers and retailers may have stocks of product which do not
have labeling which complies with the WPS.
B.
Definitions
The following definitions apply for the purposes of this notice:
Registrant:
Wholesaler:
Retailer:
Distribute or sell:
Label
Labeling
Any person who has registered any pesticide pursuant to the
provisions of the Federal Insecticide, Fungicide, Rodenticide
Act (FIFRA). A supplemental distributor is considered an
agent of the registrant.
Any person, other than a registrant, who distributes or sells
pesticides to persons other than end-users.
Any person, other than a registrant, who distributes or sells
pesticides to end-users.
To distribute, sell, offer for sale, display, hold for distribution,
hold for sale, hold for shipment, ship, deliver for shipment,
release for shipment, or receive and (having so received)
deliver or offer to deliver. These terms do not include the
holding or application of registered pesticides or use dilutions
thereof by any applicator who provides a service of controlling
pests without delivering any unapplied pesticide to any person
so served.
The written, printed, or graphic matter on, or attached to, the
pesticide or device or any of its containers or wrappers.
All labels and all other written, printed, or graphic matter a)
accompanying the pesticide or device; or b) to which
reference is made on the label or in literature accompanying
the pesticide or device.
II. How to recognize product labels that need to be amended to comply with the WPS
If a product has labeling required under the WPS, the labeling will have an
Agricultural Use Requirements box and can be sold or distributed after October 23, 1995
without further action. The Agricultural Use Requirements box references the WPS and
requires certain practices intended to reduce or eliminate worker and handler exposure
PRN 95-5
September 28, 1995
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from pesticides. The box includes restricted-entry intervals, personal protective
equipment, and the notification requirement for pesticide-treated areas. An example of
an Agricultural Use Requirements box is in Attachment 3.
If a product's labeling does not have an Agricultural Use Requirements box, you
will need to determine whether it is within the scope of the WPS and, therefore, requires
WPS labeling. In some cases you may be able to quickly identify a product that requires
WPS labeling because other containers of the same product, that have been produced
more recently, bear the following:
Labeling with an Agricultural Use Requirements box that refers to the WPS;
or
Stickers referring to supplemental replacement labeling which contains such
an Agricultural Use Requirements box.
Products accompanied only by generic supplemental labeling as outlined in PR
Notice 93-11 are not considered labeled in compliance with the WPS provisions after
October 23, 1995. Products that do bear complying WPS labeling include those
relabeled in accordance with Supplement D of PR Notice 93-11 (by using a sticker or
similar modification to an existing label and full product-specific labeling referenced by
the sticker).
To determine whether any product is within the scope of the WPS, refer to
Attachment 2 (Determining WPS Applicability to Individual Products) or call the registrant
of the product. To get additional assistance, you may contact an industry-sponsored
"WPS Task Force" at 1-800-713-2291, after October 15, 1995.
III. How to revise product labels to comply with the WPS
A. Required Actions
1. Registrant
Conduct or authorize relabeling. Registrants are responsible for ensuring
that relabeling of non-complying products takes place in accordance with
the WPS and this PR Notice. They may choose to conduct relabeling by
recalling the product and relabeling with final printed replacement labeling
at a registered establishment or relabeling at the location of the product; or
authorize a wholesaler or retailer to relabel in accordance with this PR
notice.
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Refer to Sections III.B. and IV. which provide options and required
specifications for relabeling.
Provide written authorization for relabeling to retailers and wholesalers. The
registrant must provide a written authorization to a wholesaler or retailer
who agrees to relabel non-complying product. The authorization should
outline the specific roles of the retailer, wholesaler, and registrant in
relabeling. Registrants are fully responsible for ensuring that labeling
modifications are carried out correctly by any person or company they
authorize. Any limitations on who may be authorized to carry out relabeling
under this PR Notice must be explicit in the authorization document. The
authorization cannot change the responsibilities of any of the parts or terms
of this PR notice. (Notice: Any relabeling of products with WPS labels must
be in cooperation with all involved parties, and under the written
authorization of the registrant.)
Provide product-specific WPS labeling. The registrant must provide
labeling, to those they authorize to conduct relabeling, that complies with
the WPS and this PR notice (including "STOP stickers," if supplemental
labeling is us*d -- see Section III.B.2 and IV. for a description and
specifications for "STOP stickers") for all products within the scope of the
WPS. The next sections describe options and established requirements for
labels, labeling, and "STOP stickers."
2. Wholesaler
Wholesalers (any person, other than registrants, who distributes or sells pesticides
to persons other than end-users) must take the following actions:
Registrant authorization for relabeling at wholesaler establishment. The
registrant may authorize a wholesaler, retailer or other person(s) to perform
relabeling. Any relabeling of products must be performed under the written
authorization of the registrant. (See Section III.A.1 ) If the registrant will
not perform relabeling or authorize you or another party to relabel, you
should contact EPA's Registration Division (703-305-6250) for instructions
on how to proceed with those products.
Refer TO Sections III.B. and IV. which provide options and required
specifications for relabeling.
Do not distribute products, except as permitted by this Notice. Products
within ;he scope of the WPS that do not bear WPS labeling may not be
PRN 95-5 September 28, 1995
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7
legally distributed or sold after October 23, 1995. However this PR notice
allows the wholesaler to ship non-complying product prior to relabeling, if
(1) the wholesaler has notified and obtained agreement of the receiving
person(s) to ensure that WPS relabeling will occur before the product is
'offered for sale' or distribution to the end user and (2) the registrant will
either conduct or has authorized relabeling. For the purposes of this PR
notice only, pesticides are considered "offered for sale" whenever they are
available in areas accessible to customers, unless they are clearly identified
as products which may not be sold until relabeled.
Industry-sponsored assistance. To get assistance in relabeling products to
comply with the WPS, you may contact the industry-sponsored "WPS Task
Force" at 1-800-713-2291, after October 15, 1995. This service will help
identify which specific products are covered by the WPS and need WPS-
complying labeling and distribute STOP stickers and required WPS
supplemental labeling for registrants participating in the service. Other
requests will be referred to other organizations.
3. Retailer
Retailers (any person, other than registrants, who distributes or sells pesticides to
end-users) must take the following actions:
Do not offer for sale after October 23, 1995, except as allowed by this
Notice. Products may not be distributed or sold after October 23, 1995
unless they comply with the WPS. This PR notice allows products to be
relabeled under certain specifications prior to being "offered for sale." For
the purposes of this PR notice only, pesticides are considered "offered for
sale" whenever they are available in areas accessible to customers, unless
they are clearly identified as products which may not be sold until relabeled.
Registrant authorization for relabeling at retailer establishment. The
registrant may authorize a wholesaler, retailer or other person(s) to perform
such relabeling. Any relabeling of products must be performed under the
written authorization of the registrant. (See Section III.A.1 ) If the
registrant will not perform relabeling or authorize you or another party to
relabel, you should contact EPA's Registration Division (703-305-6250) for
instructions on how to proceed with those products.
Refer to Sections III.B. and IV. which provide options and required
specifications for relabeling.
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8
Industry-sponsored assistance. To get assistance in relabeling products to
comply with the WPS, you may contact the industry-sponsored "WPS Task
Force" at 1-800-713-2291, after October 15, 1995. This service will help
identify which specific products are covered by the WPS and need WPS-
complying labeling and distribute STOP stickers and required WPS
supplemental labeling for registrants participating in the service. Other
requests will be referred to other organizations.
B. Options for Relabeling
The options described below apply to the majority of products covered by this PR
Notice, i.e., stocks of registered products subject to the WPS which do not have required
WPS labeling. Other products are described and addressed in Section IV. as "Special
Products."
1. Final printed WPS-complying replacement labeling
Products may be relabeled by replacing existing labeling with final printed WPS-
complying replacement labeling supplied by the registrant of the product. Such labeling
must be printed on or affixed to the product package. If affixed, it must be difficult to
remove without residue or damage to the underlying packaging or labeling it is replacing.
If final printed replacement labeling is used, it must meet the above standards as well as
those required by the WPS.
Replacement labeling may also be designed to modify existing labeling by adding
the required WPS labeling statements without replacing the entire existing labeling. If
this option is chosen, the replacement labeling must be designed and affixed in such a
way so as to not alter or obscure the other portions of the label text that remain
unchanged. Under this option, an additional supplement containing WPS requirements
can not be developed. Additionally, replacement labeling must be affixed in such a
manner as to cover any existing labeling statements or requirements that are superseded
by WPS requirements.
If the product bears existing labeling on the outer packaging and the immediate
container, the replacement labeling must be affixed to both. NOTE: For inner water
soluble packages, the outer package, but not the immediate container, will require
replacement labeling.
2. Supplemental product-specific labeling
Alternatively, products may be relabeled by using supplemental product-specific
labeling that is provided with each product when it is offered for sale to the end user,
PRN 95-5 September 28, 1995
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provided that a "STOP sticker" is affixed to the label and the sticker meets the
requirements as specified below. The supplemental product-specific labeling must be
supplied by the registrant of the product.
Supplemental labeling can be presented in two formats:
Single-Product Supplement that contains labeling information for only the
specific product the end-user is buying. This labeling must display the full
text of current product labeling or partial text that includes complete WPS-
complying labeling (as EPA-accepted or registrant-verified). See attachment
4 for an example; OR
Multi-Product Supplement that contains labeling information for all products
for a specific registrant. WPS information required to appear on all product
labels may appear in the brochure only once, along with product-specific
WPS information presented for each product covered by the brochure. The
generic (non product specific) information must be part of the brochure.
This option is NOT available for fumigant products because of the
specialized nature of the fumigant label. See attachment 5 for an example
of a brochure.
Supplemental Product-Specific Labeling Specifications
Supplemental replacement labeling must meet the following specifications:
Title - The supplemental labeling must prominently bear the words
"SUPPLEMENTAL LABELING WITH WORKER PROTECTION
REQUIREMENTS" at the top of the first page or be in a pouch prominently
displaying the words "SUPPLEMENTAL LABELING WITH WORKER
PROTECTION REQUIREMENTS," attached to the container.
Content - Supplemental labeling can be presented in a single-product
supplement or a multi-product brochure. Single-product supplements
include labeling information for only the product the end-user is buying.
These supplements will contain either the full text of current product
labeling or the partial text that includes only the complete WPS product
labeling information, a contact phone number for the registrant, and no
other information unrelated to the products' labeling. See attachment 4 for
an example of a single-product supplement.
Multi-product brochures must contain complete WPS product labeling
information for all products that are within scope of the WPS for the
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10
registrant, a contact phone number for the registrant, and no other
information unrelated to the products' labeling. If a brochure includes
multiple products with similar names (e.g., Weed Killer 4EC, Weed Killer
10WP), the brochure must contain an advisory statement located near such
a grouping reminding users to carefully match the WPS requirements in the
brochure with the particular product they are using. See attachment 5 for
an example of a multi-product brochure. This option is NOT available for
fumigant products.
Supplemental distributors must develop separate brochures using their
product names if these names differ from the registrant's product names.
However, "buyout/transferred," "orphaned/ cancelled," and "dormant"
products for which WPS label language has been approved by EPA (all
described in Section IV) may be included in the same brochure if the
following conditions are met. "Buyout/transferred" products can be
included only if both registration numbers are listed in the reference table
and the brochure cover specifies previous registrants' names represented
on the "transferred" products' labels and that these products have been
transferred to the existing registrant, (e.g., this brochure also contains
products previously owned by companies B, C, and D but now owned by
company A...). If "orphaned / cancelled" products are included, then the
reference table should specify "cancelled: generic instructions" for each
such product and should indicate the specific generic requirements for each
particular pesticide's label (requirements will vary with different labels -- see
attachment 6).
Optional information for both single-product supplements and multi-product
brochures includes: complete registrant identification, including company
logo; statements clearly connecting the brochure with the "STOP stickered"
product; footnotes explaining chemical resistant categories for gloves,
respirators, etc.; statements to clarify information given in the brochure;
and statements concerning discarding, washing, or maintenance of personal
protective equipment, user safety recommendations, Spanish language
warnings, and Engineering Control Statements.
Highlighting - If the registrant has chosen to use a multi-product brochure,
instead of a single-product supplement, EPA strongly encourages that the
wholesaler or retailer highlight or clearly identify in the brochure the specific
product(s) being sold or distributed to the end user. This will assist the
end-user in quickly identifying the requirements for the specific product
before pesticide application.
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Location -- EPA strongly encourages physically attaching the supplemental
labeling to product containers to ensure end-users receive the supplemental
labeling. (Note: It is a violation of the WPS and this notice to sell or
distribute products with non-complying labels or "offer such products for
sale", to the end-user without providing the appropriate supplemental
labeling.) If the labeling is not attached, it must be located in close
physical proximity (i.e., immediately adjacent or next to) and accompany
the product when the product is offered for sale to the end-user. When
products are "offered for sale" to the end user, the supplemental labeling
must be placed in such a way that it is clear which labeling corresponds to
which product. Therefore, single-productsupplemental labeling fordifferent
products and multi-product brochures for different registrants should not be
mixed.
Format - The supplemental replacement labeling may be photocopied,
provided all text is legible. Illegible photocopies and faxes are
unacceptable. The User Safety Recommendations and Agricultural Use
Requirements must each be located in a clearly separate box with lines or
other graphic indicators to separate them from the surrounding text.
Location and formatting of supplemental label information should be
consistent with PR Notices 93-7 and 93-11 to the extent possible.
"STOP Sticker" Specifications
If supplemental product-specific labeling will be used (instead of final printed
replacement labeling es defined in Section III.B.1) a "STOP sticker" must be applied only
to those products that bear a label which has not been revised to comply with complete
WPS requirements. If multiple products are contained on pallets or in shipping
containers, these containers must be opened and a "STOP sticker" must be affixed to
each individual product container and outside container before the product is offered for
sale to the end-user. (The immediate containers of water soluble packages do not have
to be stickered.)
"Stickering" of products must be carried out according to the following
specifications:
Required Text - "STOP! Use this product only in accordance with the
Worker Protection Standard, 40 CFR Part 170, and the "SUPPLEMENTAL
LABELING WITH WORKER PROTECTION REQUIREMENTS," which must be
provided when the product is offered for sale. Otherwise, you are in
violation of FIFRA. For more copies of the labeling, contact your dealer or
call 1-800-713-2291.
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Product labels that must not receive stickers -- "STOP stickers" must NOT
be applied to product labels that already comply with WPS requirements or
that do not require a WPS label. For instance, deleted-use products
discussed in Chapter IV of this document must not receive a sticker or WPS
labeling.
Timing -- The sticker must be affixed to the product container prior to the
time the product is offered for sale to the end-user.
Prominence -- The sticker must be legible and prominent on the product
package through use of contrasting colors or other graphic devices and
must be placed on the label of each product container.
Location -- It must be printed on or affixed to the product container. If
affixed, it must be difficult to remove without residue or damage to
underlying packaging or labeling and it must not be located on the bottom
of the package or any other place that will not readily be noticed by users.
If the product bears labeling on both outer packaging and immediate
container, the sticker must be affixed to both. However, inner water
soluble packages need not be modified under this approach.
Obscuring Existing Language -- The sticker must not obscure any
information on the existing label.
Highlighting Specific Products in Brochures. EPA strongly encourages that
the retailer highlight or clearly identify in the brochure the specific
product(s) being sold or distributed to the end user. This will assist the
end-user in quickly identifying the requirements for the specific product
before pesticide application.
C. Where relabeling may occur
WPS-related relabeling under this PR Notice may occur at any site (such as
wholesale or retail sites) without registration of the site as a pesticide-producing
establishment. Under this PR Notice, relabeling of stocks of products with non-
complying labels may only be carried out by persons acting under the authority of the
registrant as an "authorized agent" of the registrant.
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IV. How to revise product labels of Special Products to comply with the WPS
A. Orphaned or Cancelled Products
These products are those whose registrants are no longer in business or have been
cancelled pursuant to FIFRA Section 4 or 6. Both have not been transferred to another
registrant (for "transfers" of registrations or "buyouts" see IV.B.)
EPA will allow sale or distribution of a pesticide product which is an orphaned or
cancelled product, after October 23, 1995, provided the product labeling is first modified
to comply with the requirements below. Labels of orphan or cancelled products may be
modified by using a "STOP sticker" and generic supplemental labeling that is provided
when the product is being offered for sale to the end-user and meets certain
requirements as specified below. WPS-related relabeling under this PR Notice, including
generic supplemental labeling may occur at any site (except a registrant's site) by any
retailer or wholesaler.
The required generic supplemental labeling is attached to this notice (see
Attachment 6). The fumigant generic supplemental labeling must be furnished to
purchasers of agricultural fumigants; the non-fumigant generic supplemental labeling
must be furnished to purchasers of all other agricultural pesticides, except ethyl parathion
products.
NOTE: ETHYL PARATHION PRODUCTS: Holders of stocks on products without WPS-
complying labels may not use the option of generic supplemental labeling described
below and should contact the registrant of such products or, if necessary, EPA for
guidance.
Supplemental generic labeling specifications
Title -- The supplemental labeling must prominently bear the words
"SUPPLEMENTAL LABELING WITH GENERIC WORKER PROTECTION
REQUIREMENTS" at the top of the first page or be in a pouch prominently
displaying the words "SUPPLEMENTAL LABELING WITH GENERIC WORKER
PROTECTION REQUIREMENTS" attached to the container.
Content -- As appropriate to the type of product, the generic supplemental
labeling must contain the complete text of the labeling contained in
Attachment 6 in this notice.
Location EPA strongly encourages physical attachment of the
supplemental labeling to product containers to ensure end-users receive the
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supplemental labeling. (Note: It is a violation of the WPS and this notice to
sell or distribute products with non-complying labels or offer such products
for sale, to the end-user without providing the appropriate supplemental
labeling.) If the labeling is not attached, it must be located in close physical
proximity to (i.e., immediately adjacent or next to) and accompany the
product when the product is offered for sale to the end-user. See
specifically Section II.B. 2 "Supplemental Product-Specific Labeling
Specification" - "Content" and "Highlighting" for information about
cancelled or orphaned products listed in multi-product brochures.
Format - The generic supplemental labeling should be similar to that
attached to this notice, with all text legible.
"STOP Sticker" Specifications for Generic Supplemental Labeling
"Stickering" of orphaned or cancelled products is only allowed according to the
specifications in Section III.B.2.
B. Buy-out or transferred products
These are stocks of products that have been transferred to another registrant who
has responsibility for the product's registration. The existing stocks have the original
company's name and registration number.
The new registrant may choose one of the following options to deal with these
products:
Recall and relabel/repackage - Recall the products and repackage/relabel them at
a registered establishment with final printed replacement labeling, or
Product-specific relabeling - Conduct or authorize relabeling of products with
either final printed product-specific, WPS-complying replacement labeling or
supplemental product-specific replacement labeling and a "STOP sticker" that
meets certain requirements. Relabeling must occur in accordance with Section
II.B. See specifically Section II.B. 2 "Supplemental Product-Specific Labeling
Specification" - "Content" for information about including "transferred" products
in multi-product brochures Note: Generic Supplemental Labeling may NOT be
used for these products.
C. Deleted-Use Products
These are products for which the registrant has amended the registration to delete
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certain uses thereby making the product outside the scope of the WPS. There may be
existing stocks of such products that still have the previous label and are thus within the
WPS scope.
The registrant should choose one of the following options to relabel these
products:
Recall and repackage/relabel -- Recall the products and repackage/relabel them at
a registered establishment with the current labeling that has been amended to
delete WPS uses.
Product-specific relabeling -- Conduct or provide a written authorization for
relabeling of products with the current labeling that has been amended to delete
any WPS uses. Products can be relabeled by replacing existing labeling with the
current final printed replacement labeling or marking/blocking out all WPS uses and
references to WPS uses (e.g., use directions).
If final printed replacement labeling is used, the amended labeling must completely
block the previous label. It must be securely affixed to the product package and
be difficult to remove without residue or damage to the underlying packing or
labeling. If the option to mark/block out all WPS references is chosen, all WPS
uses and references to WPS uses must be completely blocked and no other
portions of the label text that remain unchanged must be altered or obscured.
If the registrant is unwilling to recall, relabel, or authorize relabeling as described
above, you should contact EPA's Registration Division (703-305-6250) for instructions
on how to proceed with those products.
D. Dormant Products
These are products where no quantity of the product has been produced and
distributed after April 21, 1994 and for which registrants elected to defer labeling
amendments. If there are products left in the channels of trade, they must not be sold
or distributed after October 23, 1995. In this situation, the registrant has these options:
Product-specific relabeling - Amend the product registration to include the WPS
requirements and either (1) recall and relabel/repackage or (2) conduct or provide
a written authorization for relabeling of products at the product's location in
accordance with Section III. of this notice.
Relabeling with non-WPS label -- Amend the product'registration to delete any
WPS uses and either (1) recall and relabel/repackage or (2) conduct or provide a
PRN 95-5 September 28, 1995
-------
16
written authorization for relabeling of products at the product's location with the
updated, non-WPS label (follow Section IV.C); OR
Generic labeling - Voluntarily cancel the registration and follow all requirements
in Section IV. A., for orphaned or cancelled products, which describes relabeling
with supplemental generic replacement labeling;
V. Waiver of submission of amended and final printed labeling which complies with
this notice
Normally, amendments to labels and labeling are accomplished either by
submission of an application or a notification to EPA. However, because the labeling of
products subject to this notice has already been amended and because submission of the
generic supplemental labeling and STOP stickers would serve no purpose, EPA waives
the requirement for submission of any labeling or supplemental labeling which has been
amended in accordance with this PR Notice [40 CFR 152.44(b)(1)]. Similarly, EPA
waives the requirement for submission of final, printed labeling of generic supplemental
labeling or STOP stickers which comply with this PR Notice.
VI. Deadline for relabeling and final sale
By October 23, 1996, all products being distributed or sold must bear final printed,
WPS-complying, replacement labeling that conforms to III.B.1. of this PR Notice.
Supplemental product-specific replacement labeling will NOT be allowed after this date.
Retailers or wholesalers of orphan or cancelled products may still use generic
supplemental replacement labeling and "STOP stickers" in accordance of IV. A. of this
PR Notice after October 23, 1996.
VII. For further information and assistance
Information and assistance is available from an industry-sponsored "WPS Task
Force" at 1-800-713-2291 after October 15, 1995. Additionally, the EPA headquarters
number for assistance is (703) 305-6250.
Faniel itfrBarolo, Director
Office of Pesticide Programs
PRN 95-5 September 28, 1995
-------
ATTACHMENT 1
WPS RELABELING PROCESS FOR RETAILERS AND WHOLESALERS
Does the label have
WPS Product Specific
"Agricultural Use
Requirements" box?
YES
NO
Is product subject to WPS requirements
(call industry hotline 1-800-713-2291,
the registrant, or see Attachment 2)?
NO
YES
Is registrant still in business?
Is product still registered?
NO
Apply "STOP" sticker and
distribute generic WPS
labels when product is
offered for sale to end
user
YES
Apply complete product
specific replacement label
provided by the registrant
OR
Apply "STOP" sticker and
provide product specific
supplemental labels when
product is offered for sale
to end user
YES
Does registrant agree
to authorize or do
relabeling? (If
transferred product,
call new registrant)
NO
Call EPA: (703)
305-6250
Product is legal for sale after
October 23, 1995
17
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ATTACHMENT 2
Scope Criteria: Determining applicability
to individual products
(Excerpt from PRN 93-7)
To determine whether pesticide products (that do not already bear labeling
containing WPS requirements in an Agricultural Requirements box) fall within the scope
of this notice, answer the questions below for each of them.
"^ Begin here for each product:
A. Does the labeling contain directions for application to
* Plants grown to produce food, feed, or fiber?
+ Turfgrass?
> Ornamental plants, trees, or shrubs?
> Plants grown to produce seedlings or transplants?
+ Plants grown to produce cut flowers or cut ferns?
+ Trees grown to produce timber?
ป Areas where any such plants are growing?
> Areas where such plants will soon be grown (i.e., pre-plant or at-plant
application)?
+ Areas from which such plants have just been harvested?
If you answered 'YES" to any of these questions, this product may be within the
scope of this notice. Go on to question B.
If you answered "NO" to all of these questions, this product is NOT within the scope
of this notice. Begin again with question A for your next product.
B. Does the labeling explicitly limit application ONLY to plants intended for aesthetic
purposes or climate modification and growing in interior plantscapes, ornamental
gardens or parks, or on golf courses or lawns and grounds?
If you answered 'YES", this product is NOT within the scope of this notice. Begin
again with question A for the next product.
If you answered "NO", this product may be within the scope of this notice. Go on
to question C.
C. Does the labeling explicitly limit uses ONLY to those NOT directly related to the
18
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production of food, feed, fiber, timber, turfgrass, or ornamentals, such as the
following:
> Use on pasture or rangeland;
* Use on rights-of-way or other non-crop areas;
* Use for structural pest control; or
* Use for mosquito abatement, Mediterranean fruit fly eradication, or in other
wide-area government-sponsored pest control programs?
If you answered "YES" to this question, this product is NOT within the scope of this
notice. Begin again with question A for the next product.
If you answered "NO" to this question, this product may be within the scope of this
notice. Go on to question D.
D. Does the labeling contain directions only for one or more of the following:
* Control of vertebrate pests;
* Use as an attractant in traps;
+ Use on the portions, of agricultural plants that have been harvested, including
harvested timber; or
+ Application using a point-source pheromone dispenser of a size easily retrieved
from the field, such as a "twist-tie"?
If you answered 'YES" to this question, this product is NOT within the scope of this
notice. Begin again with question A for the next product.
If you answered "NO" to this question, this product may be within the scope of this
notice. Go on to question E.
E. Is the product labeled PRIMARILY for use in production of plants in homes, home
flower or vegetable gardens, home lawns, or home greenhouses? Answer "yes" to
this question only if the current labeling meets ALL the following tests:
1. The labeling indicates that the product is intended for use in or around the
home, home flower or vegetable garden, home lawn, or home greenhouse;
AND
2. The labeling does NOT include any of the following directions or phrases:
+ Skull and crossbones symbol and word "Poison";
> A requirement for users to wear a respirator;
> A requirement for users to wear chemical-resistant, waterproof, or liquid-
proof suits or coveralls or "rainsuits";
+ The phrase "for professional use";
19
-------
* The phrase "for commercial use";
> Directions for use on farms, sod farms, forests, nurseries, or
greenhouses except home greenhouses;
ป Directions for use including the phrases "for crop production" or "for sod
production";
> Application rates expressed per acre;
> Dilution rates expressed per hundred gallons;
+ Directions for application by aerial, ground-boom, airblast, or other
motor-driven vehicles or equipment;
> Directions for use of a "surfactant", "buffer", or "adjuvant", using those
words;
+ Any reference to chemigation;
ป Directions for mechanical agitation;
* Instructions or restrictions concerning livestock grazing; AND
3. The product is packaged in a container holding no more than 40 pounds if
the product is a solid, or 2 gallons if it is a liquid, or 2 pounds if it is an
aerosol.
if all three tests (E. 1, 2, & 3) above are fully satisfied, this product is NOT within
the scope of this notice. Begin again with question A for the next product.
If any of these three tests is not fully satisfied, THIS PRODUCT IS WITHIN THE
SCOPE OF THIS NOTICE. (If the product does not satisfy all these three tests but
you believe it is nonetheless intended primarily for home use or is otherwise limited
to use on plants grown for other than commercial or research purposes, check with
the registrant. Start again with question A for the next product.
20
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ATTACHMENT 3
EXAMPLE OF AGRICULTURAL USE REQUIREMENT BOX
AGRICULTURAL USE REQUIREMENTS
Use this product only in accordance with its labeling and with the Worker Protection Standard,
40 CFR 170. This Standard contains requirements for the protection of agricultural workers on
farms, forests, nurseries, and greenhouses, and handlers of agricultural pesticides. It contains
requirements for training, decontamination, notification, and emergency assistance. It also
contains specific instructions and exceptions pertaining to the statements in this labeling about
personal protective equipment, restricted-entry intervals, and notification to workers. The
requirements in this box only apply to uses of this product that are covered by the Worker
Protection Standard (WPS).
Do not enter or allow worker entry into treated areas during the restricted entry interval (REI) of
48 hours.
PPE required for early entry to treated areas that is permitted under the Worker Protection
Standard and that envolves contact with anything that has been treated, such as plants,
soil, or water is:
Coveralls over long-sleeved shirt & long pants
Chemical-resistant gloves, such as barrier laminate or viton
Chemical-resistant footwear plus socks
Protective eyewear
Chemical-resistant headgear for overhead exposure
Notify workers of the application by warning them orally and by posting warning signs at
entrances to treated areas.
21
-------
ATTACHMENT 4
Single-Product
Product-Specific
(example)
'SUPPLEMENTAL LABELING WITH WORKER PROTECTION
REQUIREMENTS"
Product Name, Company Name, EPA Reg. No.
For compliance with the Worker Protection Standard (40 CFR part 170):
IMPORTANT: This supplemental labeling does not apply (1) to soil or space fumigant products, (2) to products
containing ethyl parathion, or (3) if elsewhere on the product labeling an Agricultural Use Requirements box
requires compliance with the Worker Protection Standard (40 CFR Part 170).
When this product is used on an agricultural establishment (farm, forest, nursery, or greenhouse) for the commercial or
research production of agricultural plants, users must comply with the instructions in this supplemental labeling. Users who
must comply with these instructions include owners/operators of the agricultural establishment and owners/operators of
commercial businesses that are hired to apply pesticides on the agricultural establishment or to perform crop-advising tasks
on such establishments. Failure to comply with the requirements on this supplemental labeling and with the Worker
Protection Standard (40 CFR part 170) is a violation of Federal law, since it is illegal to use a pesticide product in a manner
inconsistent with its labeling.
22
-------
Attachment 4 (continued)
AGRICULTURAL USE REQUIREMENTS
Use this product only in accordance with its labeling and with the Worker Protection Standard, 40 CFR 170.
This Standard contains requirements for the protection of agricultural workers on farms, forests, nurseries, and
greenhouses, and handlers of agricultural pesticides. It contains requirements for training, decontamination,
notification, and emergency assistance. It also contains specific instructions and exceptions pertaining to the
statements in this labeling about personal protective equipment, restricted-entry intervals, and notification to workers.
The requirements in this box only apply to uses of this product that are covered by the Worker Protection Standard
(WPS).
Do not apply this product in a way that will contact workers or other persons, either directly or through drift. Only
protected handlers may be in the area during application. For any requirements specific to your State or Tribe, consult
the agency responsible for pesticide regulation.
Entry-Restrictions: Do not enter or allow worker entry into treated areas during the restricted entry interval
(REI) of?? hours/days.
Notification lnstructions:(lf required) Notify workers of the application by warning them orally and by posting
warning signs at entrances to treated areas.
Personal Protective Equipment (PPE) Requirements:
Handler PPE: Applicators and other handlers must wear:
Coveralls over long-sleeved shirt & long pants
Chemical-resistant gloves such as barrier laminate or viton
Chemical-resistant footwear plus socks
Protective eyewear
Chemical-resistant headgear for overhead exposure
Chemical-resistant apron when cleaning equipment, mixing, or loading
Early Entry PPE: PPE required for early entry to treated areas that is permitted under the Worker
Protection Standard and that envolves contact with anythin that has been treated,
such as plants, soil, or water is:
Coveralls over long-sleeved shirt & long pants
Chemical-resistant gloves such as barrier laminate or viton
Chemical-resistant footwear plus socks
Protective eyewear
Chemical-resistant headgear for overhead exposure
Conflicting Instructions: If the requirements of the WPS conflict with instructions listed elsewhere on this product
label, users must obey the more protective requirements.
23
-------
ATTACHMENT 5
(This option is NOT available for fumigant products because of the specialized
nature of the fumigant label.)
Multi-Product
Product-Specific
(example)
"SUPPLEMENTAL LABELING WITH WORKER PROTECTION
REQUIREMENTS"
For compliance with the Worker Protection Standard (40 CFR part 170)
IMPORTANT: This supplemental labeling does not apply (1) to soil or space fumigant products, (2)
to products containing ethyl parathion, or (3) if elsewhere on the product labeling an Agricultural
Use Requirements box requires compliance with the Worker Protection Standard (40 CFR Part 170).
When this product is used on an agricultural establishment (farm, forest, nursery, or greenhouse) for the
commercial or research production of agricultural plants, users must comply with the instructions in this
supplemental labeling. Users who must comply with these instructions include owners/operators of the
agricultural establishment and owners/operators of commercial businesses that are hired to apply
pesticides on the agricultural establishment or to perform crop-advising tasks on such establishments.
Failure to comply with the requirements on this supplemental labeling and with the Worker Protection
Standard (40 CFR part 170) is a violation of Federal law, since it is illegal to use a pesticide product in a
manner inconsistent with its labeling.
24
-------
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-------
ATTACHMENT 6
"SUPPLEMENTAL LABELING
WITH GENERIC WORKER PROTECTION REQUIREMENTS"
For compliance with the Worker Protection Standard (40 CFR part 170)
IMPORTANT: This supplemental labeling does not apply (1) to soil or space fumigant products, (2) to products
containing ethyl parathion, or (3) if elsewhere on the product labeling an Agricultural Use Requirements box
requires compliance with the Worker Protection Standard (40 CFR Part 170).
When this product is used on an agricultural establishment (farm, forest, nursery, or greenhouse) for the commercial or
research production of agricultural plants, users must comply with the instructions in this supplemental labeling. Users who
must comply with these instructions include owners/operators of the agricultural establishment and owners/operators of
commercial businesses that are hired to apply pesticides on the agricultural establishment or to perform crop-advising tasks
on such establishments. Failure to comply with the requirements on this supplemental labeling and with the Worker
Protection Standard (40 CFR part 170) is a violation of Federal law, since it is illegal to use a pesticide product in a manner
inconsistent with its labeling.
27
-------
Attachment 6 (continued)
AGRICULTURAL USE REQUIREMENTS
Use this product only in accordance with its labeling and with the Worker Protection Standard, 40
CFR 170. This Standard contains requirements for the protection of agricultural workers on farms,
forests, nurseries, and greenhouses, and handlers of agricultural pesticides. It contains requirements
for training, decontamination, notification, and emergency assistance. It also contains specific
instructions and exceptions pertaining to the statements in this labeling about personal protective
equipment, restricted-entry intervals, and notification to workers. The requirements in this box only
apply to uses of this product that are covered by the Worker Protection Standard (WPS).
Do not apply this product in a way that will contact workers or other persons, either directly or through
drift. Only protected handlers may be in the area during application. For any requirements specific to
your State or Tribe, consult the agency responsible for pesticide regulation.
Entry-Restrictions: Do not enter or allow worker entry during the restricted-entry interval (REI). The
restricted-entry interval for this product is:
the specific number of hours or days Of any) listed elsewhere on the product labeling
as the reentry interval or entry restriction for the crop or site, if 12 hours or more;
12 hours, if no specific number of hours or days is listed elsewhere on the product
labeling as the reentry interval or entry restriction for the crop or site;
The restricted-entry interval for this product must be at least 12 hours.
Notification Instructions: Foillow the rules in the WPS for notifying workers of the application.
Exception: If the instructions about notification (if any) listed elsewhere on the product labeling
require posting of treated areas (rather than offering a choice), you must notify workers of the
application by warning them orally AND by posting signs at entrances to treated areas, following the
rules in the WPS.
Personal Protective Equipment (PPE) Requirements:
Handler PPE: Pesticide handlers must wear the PPE listed elsewhere in the product
labeling for applicators. If specific PPE is required elsewhere on the product label for
specific handling tasks (such as mixing or loading), it must be worn while performing
such tasks. In any case, any handler using this product must wear no less than:
long-sleeved shirt, long pants, shoes, socks, and chemical-resistant or waterproof
gloves.
Early Entry PPE: PPE required for early entry to treated areas that is permitted
under the Worker Protection Standard and that involves contact with anything that
has been treated, such as plants, soil, or water, is the same PPE as required
elsewhere on this product label for applicators, except that any respirator
requirement is waived. In any case, the minimum PPE required for any early entry
worker exposed to this product is no less than: coveralls, shoes, socks, and
chemical-resistant or waterproof gloves.
Conflicting Instructions: If the requirements of the WPS conflict with instructions listed elsewhere
on this product label, users must obey the more protective requirements.
28
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Attachment 6 (continued)
"SUPPLEMENTAL LABELING
WITH GENERIC WORKER PROTECTION REQUIREMENTS"
FOR AGRICULTURAL FUMIGANTS
For compliance with the Worker Protection Standard (40 CFR part 170)
IMPORTANT: This supplemental labeling applies ONLY to soil or space fumigant products used in the
production of agricultural plants. It does not apply if elsewhere on the product labeling an Agricultural
Use Requirements box requires compliance with the Worker Protection Standard (40 CFR Part 170).
When this product is used on an agricultural establishment (farm, forest, nursery, or greenhouse) for the
commercial or research production of agricultural plants, users must comply with the instructions in this
supplemental labeling. Users who must comply with these instructions include owners/operators of the
agricultural establishment and owners/operators of commercial businesses that are hired to apply pesticides on
the agricultural establishment or to perform crop-advising tasks on such establishments. Failure to comply with
the requirements on this supplemental labeling and with the Worker Protection Standard (40 CFR part 170) is a
violation of Federal law, since it is illegal to use a pesticide product in a manner inconsistent with its labeling.
AGRICULTURAL USE REQUIREMENTS
Use this product only in accordance with its labeling and with the Worker Protection Standard,
40 CFR 170. This Standard contains requirements for the protection of agricultural workers on
farms, forests, nurseries, and greenhouses, and handlers of agricultural pesticides. It contains
requirements for training, decontamination, notification, and emergency assistance. It also contains
specific instructions and exceptions pertaining to the statements in this labeling about personal
protective equipment, restricted-entry intervals, and notification to workers. The requirements in this
box only apply to uses of this product that are covered by the Worker Protection Standard (WPS).
Do not apply this product in a way that will contact workers or other persons, either directly or through
drift. Only protected handlers may be in the area during application. For any requirements specific to
your State or Tribe, consult the agency responsible for pesticide regulation.
Entry-Restrictions: Follow the applicable entry restrictions listed elsewhere on the product labeling.
Notification Instructions: Follow the rules in the WPS for notifying workers of the application.
Exception: If there are instructions listed elsewhere on the product labeling that requires the
posting of specific signs at treated areas, you must notify workers of the application by warning them
orally AND by posting the signs specified on the labeling.
Personal Protective Equipment (PPE) Requirements: Follow the applicable PPE instructions (if
any) listed elsewhere on the labeling.
Conflicting Instructions: If the requirements of the WPS conflict with instructions listed elsewhere
on this product label, users must obey the more protective requirements.
29
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