Proceedings
           of the
     First National Symposium
          on
  Pesticide Labeling
Part II: Questions and Answers
      June 3-4, 1974

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             PROCEEDINGS

   OF THE FIRST NATIONAL SYMPOSIUM

        ON PESTICIDE LABELING



           JUNE 3-4, 1974
           Program Leader
         .  James J. Bonin
         Presidential Fellow
    Office of Pesticide Programs
U. S. Environmental Protection Agency
          Washington, D. C.
         Program Development
         John B. Ritch, Jr.
   Director, Registration Division
    Office of Pesticide Programs
U.S. Environmental Protection Agency
         Washington, D. C.

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                                Part - II
                                CONTENTS

                                                                   Page
Questions and Answers 	 .  	
     Time Factors	   1
     Advertising; Brochures 	   3
     Registration and Establishment Number  	   4
     Classification ..... 	   9
     Legal Questions	10
     Registration Procedures  	  .  26

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                              TIME FACTORS
   Q.     On Oct. 21, 1974 when the ITA Lakes over the reflation of
     Intrastate pesticides, how much I; lino will he nil owed t.o c I ear-
     retail shelves of products not registered with EPA?  Will a manu-
     facturer be penalized 1f a product he sells In his own state on
     Sept. 30th 1s found w stores on Oct. 22nd of 1974, or say six
     months later?
     A.        EPA has not determined as yet how long a time period will
          be allowed to clear retail  shelves of intrastate pesticides
          which have come within the Agency's jurisdiction.  The second
          part cannot be answered without the first.
2. Q.     Attention has been directed to the fact that there is an im-
     portant need to expedite labeling...Making needed chemicals avail-
     able to the consumer quickly after discovery.  What plans does the
     EPA have for speeding up the labeling and registration process.  (5)
     A.        We will utilize the product manager as a key person in
          expediting label review.  The new reorganization plan will also
          make work flow more smoothly through the Registration Division.

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3. Q.     Why does it take ninety days or more for the  EPA to answer a
     letter.  (6)
     A.        I am sure that the figure of ninety days is not an average
          response time.  Many letters are answered within one week of
          the time they are.received.  Letters dealing with decision
          making in problem areas often require more time to answer.
                                    2 ,

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                         ADVERTISING;  BROCHURES
1. Q.     Does the new law prevent an advertiser from pointing out that
     one pesticide is safer to use than another; that is,  less toxic to
     humans and the environment?
     A.        Such safety comparative claims are not acceptable since
          they detract from precautionary labeling.
2. Q.     Will submitted advertising literature (labeling) be stamped
     approved and returned by the same method used in the EPA registered
     labels?  Have you or will  you standardize the enforcement fines -
     will this be published?
     A.        EPA has prepared interim guidelines for assessing civil
          penalties that the Regional  offices should follow.  This sched-
          ule would have the regional  offices base their assessment of
          a civil penalty on gravity of violation, including a firm's
          history of violations, size of firm, and ability to stay in
          business.  This schedule will be published in the Federal
          Register in the near future.

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                  REGISTRATION AND ESTABLISHMENT NUMBER
   Q.     Should additional labeling material, i.e., a direction book-
     let which is registered carry the EPA registration number?  What
     about carrying the establishment number?
     A.        Additional labeling material  is not required to bear the
          establishment registration number.  The establishment registra-
          tion number is required to appear only on the label  or immediate
          container of the pesticide.
2. Q.     By law, must the EPA registration number and the EPA establish-
     ment number appear on a trade journal advertisement?
     A.        The establishment registration number is not required to
          appear in trade journal advertisements.  It need appear only
          on the label or immediate container of the pesticide.

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3. Q.     The addition of the registration establishment number creates
     label control problems not the least being extra expense...   What
     purpose will it serve?  Does the establishment number have to appear
     on the immediate container label?
               The purpose of the establishment registration number is to
          enable the Agency to determine the most recent producer of any
          given pesticide.  This precise identification will also prove
          beneficial to producers in the course of EPA enforcement
          actions.  For example, recalls required for grossly contaminated
          or deficient products can readily be pinpointed to a particular
          establishment rather than an entire company.  The product regis-
          tration number does not provide this identification.  The estab-
          lishment number must appear either on the label or the immediate
          container.
4. Q.     Does the EPA establishment number have to appear parallel as
     does the EPA registration number?
     A.        The establishment registration number is not required to
          be parallel to other statements on the label.  The only require-
          ment is that this number of of a type size large enough to be
          legible.

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5. Q.      A pesticide is formulated by a  company  in  Chicago  and  shipped
     to California in bulk for packaging  by a second company in  Calif.
     Should both EPA establishment numbers  occur  on  the  container?
     A.        When the pesticide formulated by a  plant in  Chicago is
          shipped to California in bulk it must bear the Chicago Estab-
          lishment Registration number.  After it  is packaged in Cali-
          fornia, it should bear the California establishment number.
          The Chicago number does not apply to the formulated product.
6. Q.     A comment on one of D. Campt's slides...  "The establishment
     number is that of the producer" is somewhat misleading, unless the
     "producer" is construed to include the repackager.
     A.        The question reflects an understanding of the definition
          of "producer."  It is true that a repackager is considered a
          producer for purpose of Section 7.  The statement on the slide
          could be misleading to an audience unfamiliar with the section.

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7. Q.     The EPA establishment number has 17 digits.   I  don't know of
     any 17 digit coding equipment.   What is the industry to do?  How
     can they maintain plant manufacturing flexibility which is needed
     during the energy crisis?
     A.        The Agency has provided that a company may request special
          approval of a variation of the format for displaying the estab-
          lishment number.  The Agency has already granted approval  on
          several formats which have reduced the length of the number by
          as many as six characters.  It is acceptable for a number to be
          printed without the spaces & hyphens between the letters and
          digits to accomplish a reduction in size.
8. Q.     As a retailer of pesticides we were required to register and
     get an establishment number.  We register, but do not produce pesti-
     cides.  What do we do with this number?
     A.        A pesticide retailer should not be registered as a producer
          if he does not perform any of the activities which are consi-
          dered "production" e.g., manufacturing, preparing, processing
          or repackaging.  If this retailer has registered, he should con-
          tact his EPA Regional Office and request that his establishment
          number be terminated.  The Regional office would need to verify
          that his establishment did not need to be registered.

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 9.  Q.      Why is the EPA establishment  number needed when the registra-
      tion number already indicates  the  manufacturer?
      A.        The product registration  number does not,  in many cases,
           correspond to the actual  producer  of any given  producer.  The
           product registration number designates  the  registrant while
           the establishment number  identifies the producer.
10.  Q.      In October, the 17 digit EPA establishment  number must  be on
      the container.   What are contract fillers  to  do  as  there  are no
      coders manufactured over 10 digits?   The 17 digits  include the
      spaces required.
      A.        If a coder cannot print more than  10  digits,  an  alternate
           method of affixing the establishment  number must be used.
           Such alternatives are, inter alia,  the  use of a sticker  label
           or pressurized labels.  See number 10.
11. Q.     Will the necessity for.a firm to obtain  an  EPA establishment
      number also automatically require an EPA product registration
      number?
      A.        No.   A firm may be producing without holding product
           registration.

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                           CLASSIFICATION





All questions asked within this area are unanswerable at this time.

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                             LEGAL  QUESTIONS
1. Q.     What is a minor violation?
     A.        Minor violations are those violations  of a  lesser  consid-
          eration where the Administrator has  decided that criminal  or
          civil proceedings are not necessary  to protect the  public  in-
          terest.  Corrective action can be achieved  through  correspon-
          dence with the firm.   Examples of minor violations  are  precau-
          tionary statements not prominently placed upon a label,
          misspelling or typographical  errors  or small  deficiencies
          which are not likely to affect the product's  effectiveness.
2. Q.     Is it illegal to use a pesticide at a lower rate than specified
     on the label?
               It is illegal  to use a pesticide in any manner which is
          inconsistent with the labeling such as, at a lower rate than
          that specified on the labeling.  Discretion remains with EPA
          to determine the severity of the violation and whether it
          merits assessment of a penalty.  The Agency will  decide each
          matter on a case-hy-case basis allowing the rule  of reason to
          apply.
                                   10

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3. Q.     Is it illegal  to kill  insects  or diseases  not  specified  on
     the label and if so, how does one avoid doing this?
     A.        It would not be illegal  tp kill  insects  or diseases  which
          are not specified on the labeling (non-target organisms)  if
          the product is being used in  accordance with  the directions on
          the label.  It would be illegal to kill insects or diseases
          which are not specified on the labeling if the product was
          being used specifically against these insects or diseases.
          Care in selecting the pesticide to be used and in deciding
          the time to spray may help avoid indiscriminate killing.
4. Q.     Is it illegal  to use less applications and/or lower intervals
     (i.e., longer intervals than specified on the label)?
               It is illegal  to use a pesticide in any manner which is
          inconsistent with the labeling such as, at a lower rate than
          that specified on the labeling.  Discretion remains with EPA
          to determine the severity of the violation and whether it
          merits assessment of a penalty.  The Agency will  decide each
          matter on a case-by-case basis allowing the rule  of reason to
          apply.
                                   11

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   Q.     If the labeling of a pesticide applied  to a  crop  prohibits
     feeding any part of the treated crop to  livestock, and the pesti-
     cide user sells the treated crop as food to  a second party, who
     then converts the crop to livestock feed use, is  either  the pesti-
     cide user or the crop buyer in violation of  section 12(a)(2)(G) of
     FIFRA?
     A.        The pesticide user violates  the Act  and,  depending  on
          his knowledge, the crop buyer could be  in violation  of
          Section 12(a)(2)(G).
6. Q.     Is it illegal to use a pesticide at a dosage  lower or higher
     different than that on the label?
     A.        It is illegal  to use a pesticide in any manner which  is
          inconsistent with the labeling such as,  at a lower rate  than
          that specified on the labeling.  Discretion remains with EPA
          to determine the severity of the violation and whether it
          merits assessment of a penalty.  The Agency will  decide  each
          matter on a case-by-case basis allowing  the rule  of reason
          to apply.
7. Q.     Is use of a pesticide at a rate lower than is given on the
     label a misuse or inconsistent with the label?
     A.        Use of a pesticide at a rate lower than that given on
          the label is use inconsistent with the label which would be
          misuse of the pesticide.
                                    12

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8. Q.     The purpose of a label  was stated as  "not to cause  undue  con-
     tamination of the environment."  Will  FEPCA allow usage  below  the
     labeled dosage?
               FIFRA, as amended, will  allow use of pesticides only at
          that rate which is stated on  the registered label.   Use at a
          dosage below that on the label  may necessitate additional
          applications which would not  have been necessary had label
          directions been followed.
9. Q.     Integrated control  employs the use of insecticides at less
     than the recommended dosages.   Programs are already in practice in
     several cases.  Is this  misuse?
               It is illegal  to use a pesticide in any manner which is
          inconsistent with the labeling such as,  at a lower rate than
          that specified on the labeling.   Discretion remains with EPA
          to determine the severity of the violation and whether it
          merits assessment of a penalty.   The Agency will  decide each
          matter on a case-by-case basis allowing  the rule  of reason
          to apply.
                                    13

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10. Q.     What does "release for shipment"  mean?  This pertains  to
      (1) in inspection procedures, and (2)  need for registration of
      establishment numbers.
      A.        Released for shipment pertains to a condition whereupon
           a batch or a lot of pesticides are packaged, labeled and have
           been placed in an area of the establishment apart from the
           manufacturing area, if there be one, for distribution or sale.
11. Q.     What is the status of the books and records guidelines?
      A.        The "Books and Records" regulations are presently under-
           going interagency review and are expected to be published a
           short time after the start of FY 75.
12. Q.     The law states that the label on the container should not be
      substantially different from that registered by EPA.  What is
      meant by "substantially different"?
                The term "substantially different" means any deviation
           from the registered label which may cause unreasonable ad-
           verse effects on the.environment or harm to the user or non-
           target organisms including:  lesser product effectiveness,
           illegal residues, phytotoxicity, and so on.
                                    14

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13. Q.    How do you propose to get uniformity of enforcement between
     regions?
               Uniformity between the regions has been  achieved by the
          issuance of internal  program direction and strategy from
          headquarters as well  as such guidance as found in  the In-
          spectors' and the Case Proceedings Manuals.  In addition the
          Agency will be issuing Rules of Practice Governing Civil
          Penalty Assessments and an Assessment Schedule which will lay
          out the rules used by the Regional Offices to assess civil
          penalties and conduct hearings.
14.  Q.    It was stated that "recall  is not specific sanction of the
     law."  Is the recall  mechanism;  What are the criteria?,  the
     procedures?
     A.        There is no explicit "recall"  authority given to EPA
          through the FIFRA, however EPA can  back up its voluntary re-
          call requests with its stop sale and seizure authority (Sec-
          tion 13 of the Act).   In connection with suspension and/or
          cancellation of a pesticide or finding of a gross violation
          of the Act, EPA may request that the registrant recall the
          problem product from the market.  EPA will then contact the
          registrant to determine whether he  intends to recall and to
          provide the procedures to be followed for a recall.  EPA
          regional personnel supervise and monitor the recall until  its
          completion.  The initial decision that a product should be
          withdrawn from the market will  be based on the information
          contained in the product's file, including sample analysis
          reports, Office of Pesticides Programs staff evaluation and
          other information that may be relevant.  Recalls will be
          initiated in all cases where the available information indi-
          cates that the product is potentially hazardous when used as
          directed or ineffective for the purposes claimed.
                                    15

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15. Q.     What if county agents or other officials recommend a chemical
      for a use not appearing on the company label.  Can the establish-
      ment sell it to the customer requesting it?
      A.        An establishment which sells a pesticide for a use which
           does not appear on the label of that pesticide may be in vio-
           lation of Section of the Act.  In addition, the county agent
           who recommends such use may be in violation of State law.
16. Q.     Could you please characterize the types of violations being
      found under the "civil penalties" program?
      A.        The types of violation being found under the civil  penal-
           ties program are the same as those which have historically
           been found, that is, non-registration, misbranding, adultera-
           tion, as well as some new violations such as use inconsistent
           with labeling.
17. Q.     As the regions are being given enforcement responsibilities,
      will enforcement policies be uniform between regions?  What control
      over the regions will the Federal office have?
                Uniformity between the regions has been achieved by the
           issuance of internal program direction and strategy from
           headquarters as well as such guidance as found in the In-
           spectors' and the Case Proceedings Manuals.  In addition the
           Agency will be issuing Rules of Practice Governing Civil
           Penalty Assessments and an Assessment Schedule which will lay
           out the rules used by the Regional Offices to assess civil
           penalties and conduct hearings.
                                    16

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18. Q.     What is the attitude of the EPA relative  to  using  less  than
      the amount of a pesticide specified  on  the  label,  i.e.,  using
      1  Ib./lOO gallons rather than 1.5 Ib./lOO gallons?
      A.        It is illegal  to use a  pesticide  in  any  manner which  is
           inconsistent with the labeling such  as, at  a  lower rate  than
           that specified on the labeling.   Discretion remains with EPA
           to determine the severity of the  violation  and  whether it
           merits assessment of a penalty.   The Agency will  decide  each
           matter on a case-by-case basis allowing the rule  of reason
           to apply.
19. Q.     What if the company has a registered label  and  farms  it  out
      for filling (Ex. - aerosol  cans)  -  it could be  filled by different
      companies in different areas.  What establishment number is put
      on the printed label?
                Each filler is considered a producing establishmnet  and
           therefore must put its own establishment number on  those
           products which it fills.   This is an example of the case  where
           the product registration  number will  be different from the
           establishment registration number.
20. Q.     When the registered company sends  chemicals  in  bulk  for
      packaging (Ex.  - aerosols), what establishment number on  the can?
                Bulk chemicals must bear the establishment number of the
           bulk producer when shipped to the packager.   After packaging
           by the second company, the container must  bear the establish-
           ment number assigned to the packager.  The bulk producer's
           establishment number no longer applies.
                                    17

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21. Q.     Why should violations be cited for misbranding when  small
      quantities of a similar pesticide are contained  in the  same
      product, i.e., a product of 5% sevin cross-contaminated with
      .005% malathion?
      A.        A product is misbranded if another pesticide which  is
           not noted on the label,  is  found in  the product.   Undeclared
           active ingredients can result in illegal  residues and  danger
           to human health and the  environment.   The Act requires the
           Agency to notify violators  of the law, however,  the  Adminis-
           trator may issue warnings for minor  violations rather  than
           proceed with a civil  or  criminal action.
22. Q.     It was stated that the 1974 fiscal  objective for enforcement
      was to issue approx. 1500 notices of violation,  issue an estimated
      200 stop sale, use and removal  orders:   and initiate approx.  500
      civil and criminal actions.  This is a  quota system.  Why run an
      enforcement program on this basis?
      A.        The FY 74 pesticide enforcement objectives did not con-
           stitute an Agency quota system but were part of an overall
           Management By Objectives system.   Based on past history, and
           given a certain number of establishment inspections, use in-
           vestigations, experimental  permit monitoring, retail market
           surveillance and so on, each region stated that they expected
           to uncover an approximate number of violations which would
           lead to stop sales, civil and criminal  actions, etc.  These
           figures, number of stop sales, civil/criminal actions, import
           detentions, were therefore not objectives in the sense of
           quotas which the regions committed to and were held to by
           headquarters, but were instead, expected accomplishments.
           The Pesticides Enforcement program is based on having certain
           objectives which the regions commit to accomplishing such as
           establishment inspections, product samples, use surveillance,
           and from which a number of violations will most likely arise.
           These violations will then be prosecuted according to criteria
           as set forth by the Agency.
                                    18

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23. Q.     How are you handling the inspection of registered  producer-
      establishment not located in the United States?
      A.        At this point in time the Agency has  no plans  to inspect
           foreign (non-U.S.) pesticide producing establishments.   However,
           we reserve the right to inspect such establishments at a later
           date.
24. Q.     A label must be changed by reason of an EPA review, and/or
      recent regulations - What is the grace period permitted on old
      packages, inventory, labels, etc., before they must be disposed of?
      A.        EPA is in the process of developing new regulations for
           implementing Section 3 of the Act and this question may be
           answered by those regulations.  At the present time a pesti-
           cide can be shipped only under the currently registered label.
25. Q.     Does any statute prohibit the manufacture of a pesticide while
      registration is still pending?
      A.         Yes.
                                    19

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26. Q.     In recent years, FDA has entered cooperative agreement with
      State regulatory agencies in order to utilize the inspection re-
      sources of such agencies.  Does the EPA anticipate similar
      agreements?
      A.        EPA has entered into cooperative enforcement agreements
           with 5 states to date.  In these agreements the States will  be
           supplementing EPA in the areas of marketplace and use surveil-
           lance, as well as the collection and analysis of pesticide
           samples.  EPA hopes to enter into cooperative agreements with
           all States.
27. Q.     Please review the methods of objection by the enforcement
      agency with regards to:  civil action, criminal action, and fines.
      Also, what is the recourse open to the manufacturer?
      A.        Under section 14(a) of the Act, the Agency is empowered
           to assess a civil penalty in the event of violations of any
           provision of the Act.  In accordance with the interim Rules
           of Practice governing this section, published September 20,
           1973 (38 F.R. 26345), a manufacturer who receives a civil com-
           plaint proposing to assess a civil penalty under section
           14(a)(2) is entitled at his discretion to request a public
           hearing or to engage in settlement discussion with the Agency.
           In the event a criminal action is pursued under section 14(b),
           the defendant-manufacturer has recourse to remedies in a court
           of law.
                                    20

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28. Q.    Can herbicides be used at a  rate lower than  those  stated  on
     the label under certain conditions  (climatic such as  high
     temperatures)?
               It is illegal  to use a  pesticide  in  any manner which  is
          inconsistent with the labeling such  as, at  a lower rate  than
          that specified on the labeling.  Discretion remains with EPA
          to determine the severity of the  violation  and  whether it
          merits assessment of a penalty.  The Agency will  decide  each
          matter on a case-by-case basis allowing the rule  of reason
          to apply.
29. Q.    Is EPA going to issue guidelines  or regulations  defining  what
     is meant by "use inconsistent with  the label"?   If EPA is  not  going
     to do this, how will users know whether a particular  deviation from
     the label  is legal  or illegal?
     A.        EPA has stated publicly what its  position is with re-
          gards "use inconsistent with the label"  and  that is,  such use
          is illegal.   EPA does not intend to publish  regulations or
          guidelines defining this, however,  the question may be ad-
          dressed in various enforcement pamphlets which are being pre-
          pared.   Pesticide users should be aware  however that  any
          deviation from the labeling directions will  be considered a
          violation of the Act.
                                    21

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30. Q.     What is the legal  meaning for "release for shipment"?   Does  it
      include intrastate transfers from the plant to remote warehouses?
      A.        Pesticides which are ready for movement from a manufactur-
           ing plant to a remote warehouse would be considered "released
           for shipment."
31. Q.     If "produce" means propagate or distribute, wouldn't ware-
      houses have to be registered as "producing establishments"?
      A.        No.  Warehouses, in the narrow sense of the word,  are not
           considered producing establishments.
32. Q.     If a pesticide is produced at a registered establishment for
      export only, is it necessary to have the product registered?
      A.        No.  Pesticides intended solely for export are required
           only to meet the specifications or directions of the foreign
           purchaser.  The exported product is not required to be regis-
           tered although the establishment in which it is produced
           must be registered.
                                    22

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33. Q.     What is the acceptable manufacturing  tolerance  (%)  for  devia-
      tion form the label  declaration of active  ingredients?
      A.        Any deviation from the label  declaration  of  active Inqro-
           dients found in a formulated product could  be  considered,  at
           the very least, a minor violation.   The  amount of deficiency
           or overage, the degree of hazard,  and the affect  on  the prod-
           uct's effectiveness,  all  enter into the  decision  process as
           to how serious the deviation is.
34. Q.     Is any deficiency regardless  of how small,  considered a
      violation?



                Yes.   However very small  violations may not result in
                ties.
penalties
35. Q.     Section 9(c)(3) permits the use of warning for minor violations
      in lieu of instituting proceedings  for prosecution  ...  if public
      interest can be best served.  Does  the same apply,  i.e.,  under sec-
      tion 14(a) for assessment of civil  penalties?
      A.        Under the Act,  there are numerous  actions  which  are author-
           ized to be pursued in response to violations,  including crimi-
           nal and civil  penalties  under section 14,  cancellation and/or
           suspension under section 6, and notices of warning  under sec-
           tion 9(c)(3).   In the event a violation is deemed to  be so
           minor as not to warrant  criminal  or civil  action  under section
           14, a section  9(c)(3) warning citation  may be  issued.
                                    23

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36. Q.     Are State and Federal  sample analysis  programs  to be coordi-
      nated or will both be working independently?
                EPA has entered into cooperative enforcement agreements
           with 5 states to date.  In these agreements the States will  be
           supplementing EPA in the areas of marketplace and use surveil-
           lance, as well as the collection and analysis of pesticide
           samples.  EPA hopes to enter into cooperative agreements with
           all States.
37. Q.     In the past nine months there has been an increase in plant
      inspections, enforcement actions, increased requests for data de-
      signed to help the enforcement of FIFRA.  Does the pesticides en-
      forcement division have a plan for detailed education of the
      manufacturers?
      A.        EPA will be publishing various pamphlets which should
           serve to educate the public (including pesticides producers)
           as to the role of enforcement in regards to the FIFRA.  In
           addition EPA inspectors in the course of conducting establish-
           ment inspections have been instructed to discuss the new amend-
           ments to the Act and to distribute copies of the Act, regula-
           tions and any other relevant information.  This along with the
           publicity that EPA gets when an enforcement action is taken
           has helped to educate the pesticide producers.
                                    24

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38. Q.      How many times has section 12 of FEPCA been used to prosecute
      parties who have misused a pesticide?
      A.        At the end of fiscal  1974, it was estimated there had
           been no more than ten actions brought under section 12(a)(2)(G)
           of the Act for use inconsistent with label  directions.
                                    25

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                         REGISTRATION PROCEDURES
   Q.     EPA personnel enjoy using the phrase "unreasonable adverse
     effects to the environment."  Please define.  Why use such an unde-
     fined phrase in a basic explanation of EPA policy or requirements?
               The term "unreasonable adverse effects" is defined under
          section 2(bb) of the Federal Insecticide, Fungicide, and
          Rodenticide Act as "Any unreasonable risk to man or the environ-
          ment, taking into account the economic, social, and environmental
          costs and benefits of the use of any pesticide."
2. Q.     What is the environmental protection benefit of using the mini-
     mum dosage specified by labeling for a pesticide, instead of using
     an even lower dosage which the user knows is adequate for his crop
     protection purposes?
     A.        Dosages submitted to the EPA for registration of specific
          pests are backed up by objective data.  If lower dosages will
          do an effective job then data supporting this should be sub-
          mitted for our review.
                                    26

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3. Q.     Is it permissible to include both "pounds and kilograms" on
     the same label?  Would it be permissible to go exclusively to the
     metric system on the label?
     A.        At this point and time it would not be permissible to use
          the metric exclusively on the label.  In developing the Sec-
          tion 3 regulations, consideration is being given to whether
          or not we are prepared to, at this time, permit the use of both
          systems of measurement on the labeling.  A phase-in program
          will probably be the method if we go to the metric system.
          The Section 3 regulations will speak more clearly on this
          issue.
4. Q.     Which federal agency has jurisdiction when a product has an
     EPA registration number but is considered a drug by the FDA?
     A.        The FDA and the EPA have published in the Federal Register
          an Interagency agreement concerning areas of mutual responsi-
          bility relating to products that are pesticides and drugs.
          This agreement lists products that are considered primarily a
          drug and those considered primarily a pesticide.  Those prod-
          ucts considered primarily a drug would be handled by FDA and
          those considered primarily a pesticide would be handled by
          EPA, however, in no case would either agency accept a product
          unless and until the other Agency has informed it that the
          product is in compliance with the laws administered by that
          Agency.
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5. Q.     Is it feasible to have the same person handle  all  dealings  on
     any particular application as a means of establishing better
     communications?
     A.        Yes, the product manager will  function along  this  line  of
          reasoning.  However, it is impossible for one  person  to do
          everything.
6. Q.     Several observations and comments have been made regarding
     labeling of devices.  I understand EPA does not register devices,
     however.  How then does EPA handle labeling of devices?  How is
     misbranding and illegal use of devices determined?
     A.        Under Section 25(c)(4) of the Act the Administrator by
          regulation may specify by regulation which classes of devices
          shall be subject to the provisions of section 2(q)(l) of the
          Act with regard to misbranding and to section 7 requiring
          registration of establishments producing such devices.  As of
          this time no regulations pursuant to Section 25(c)(4) have
          been issued.
7. Q.     Why is no speaker nominated from insecticide formulators?
     A.        Due to time limitations, we felt that one speaker repre-
          senting a specific area of expertise would be sufficient or
          in some cases one person speaking for many disciplines.  We
          know that this meeting could not and did not represent each
          and every person who would have liked to have been heard, how-
          ever regional meeting will accomplish many things not accom-
          plished here.
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8. Q.     What may a producer do to modify EPA thinking regarding
     labeling found to be inadequate through field or practical
     experience to avoid possible misuse or excessive hazard?
     A.        Should a producer determine that current directions for
          use reflected in his accepted labeling may be insufficient
          to avoid misuse or hazard, it is incumbent upon him to bring
          that matter to the Agency's attention.  He should seek expedi-
          tious review of labeling revisions designed to ameliorate
          possible hazards or misuse.
9. Q.     Does the label have to state "For aerial application"?  Do
     all pest and hosts for which a material will be used have to appear
     on the label and/or labeling?
     A.        A label must bear directions for aerial application if
          that mode of application is to be used.  If a pest being con-
          trolled by chemical  Z is not oh a label for chemical  z then
          the applicator is misusing the pesticide.
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10. Q.     A pesticide is approved for use on Plant "A"  for control  of
      Pest "X", but not for Pest "Y" even though it will  control  pest
      "Y" (possibly even better than Pest "X").   What is  EPA's  attitude
      toward use of the pesticide to control  Pest "X" from the  stand-
      point of food plants, ornamental plants, commercial  operations,
      and home owner?
      A.        It is illegal to use a pesticide in any manner which is
           inconsistent with the labeling such as, at a lower rate than
           that specified on the labeling.  Discretion remains with EPA
           to determine the severity of the violation and whether it
           merits assessment of a penalty.  The Agency will  decide each
           matter on a case-by-case basis allowing the rule  of reason
           to apply.
11. Q.     Have you heard of the study which determined that children
      seem attracted to the skull and crossbones on labels because of
      its remainder of pirates?  I heard of this from a public relations
      firm.
      A.        No, we have not.  If you know of such studies please
           submit them to the new Standards and Labeling Section in
           the Registration Division.
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12.  Q.     How do I  determine whether to apply to USDA  for  approval  of
      a product versus applying to EPA for a  registration number?
      A.        The EPA has taken over all  pesticide registration func-
           tions from the USDA per Presidential  Order which created us
           into an Agency on December 2,  1970.   The USDA no longer
           registers pesticides.
13. Q.     Can labels be printed and used with changes...  such as com-
      pany name change, brand name change, and layout of label as long
      as no other changes are made?  These labels would be sent to EPA
      on the amended form.
      A.        Any changes in your label  and/or labeling must be approved
           by the EPA before entering it can be used in interstate
           commerce.
14. Q.     What new regulations might we see in the next few years
      governing the disposal  of pesticide containers?
      A.        Recommended procedures for disposal  and storage of pesti-
           cides and containers have been published  pursuant to section
           19(a) of the Act (39 F.R. 15236).   These  procedures will  be
           modified and updated as circumstances dictate.   It is antici-
           pated that label revisions will be required of  certain products
           to reflect disposal  procedures pursuant to registration
           requirements.
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15. Q.     If the active Ingredient 1s produced at one  location  and  the
      formulated product containing that active Ingredient  1s  preferred
      at another location, which location is the pesticide  establishment?
      A.        Both locations are producing establishments.   The  active
           ingredient must bear the establishment number of the  ingre-
           dient producer when shipped to be formulator.  After  formula-
           tion, the product will bear the establishment number  assigned
           to the site of formulation.
16. Q.     You suggest that insects (and other pests)  be grouped together
      to simplify labeling.  Would you include Green Bugs under aphids?
      Would you also include green peach aphids under aphids?
      A.        Unless a pesticide is effective against all  the aphids
           known to be pests on a particular crop, separate  listings of
           the individual aphids would be required.  This would include
           green peach aphids.
17. Q.     Can mites (either as a group or specific species) be claimed
      as a pest on livestock and the product sold for mange control?
      A.        Mites can be claimed as pests on livestock and the product
           sold for mange control if in fact the data support the claim.
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18. Q.     I would like to receive clarification on current status  of
      pesticide registration as it relates to use in eating establish-
      ments.  How does the crack and crevice policy relate to this?
      A.        A statement of policy with respect to use of insecticides
           in food handling establishments was published in the Federal
           Register on August 10, 1973 (38 F.R. 21685).   Use of residual
           pesticides for treatment of cranks and crevices in food hand-
           ling establishments in addition to uses authorized on the
           labels of such products was permitted with respect to a dis-
           crete list of sixteen products.  Such use was conditional
           on immediate application fo'r registration of  such product and
           registration within six months of the notice  date, or no later
           than February 2, 1974.
19. Q.     If a material is registered and the label  states "ornamentals
      including..." is the material  limited to those  hosts named?
      A.        It is limited to ornamentals of the type illustrated by
           these named.
20. Q.     On the net contents statement,  what are the accepted limits
      above and below the stated net?
      A.        There are no acceptable limits above or below the stated
           net weight.
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21. Q.     The slide on label requirements indicated that the address
      of both the producer and the company produced are required —  is
      this correct?
      A.        Only one address is required on a label.  An unqualified
           name and address given on the label is considered to be that
           of the manufacturer.  If the registrants name appears on the
           label and the registrant is not the manufacturer, or if the
           name of the person for whom the pesticide was manufactured
           appears on the label, it must be qualified by appropriate
           wording, such as "packed for...", "distributed by...", or
           "sold by..." to show that the name is not that of the
           manufacturer.
22. Q.     What if a company manufactures a chemical with wide usage.
      On his label, he claims only a few of them,  A bid is taken for  ;
      the chemical being manufactured, but the material will be used for
      some insect that does not appear on the registered label.  Can he
      sell the material as long as it is the chemical requested?
      A.        The label registered must bear claims for all insects
           to be controlled at point of application.
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