Label Confusion

Pesticide Safety & Environmental Educationwww.extension.edu/pesticides

Driven To Discover

Dean Herzfeld

Pesticide Labeling

It is more than just,

“Read & follow the label.”

Label Provides Applicators:

How to minimize risk to themselves, non-target species & environment

Ways to maximize efficacy of product Means to limit your liability Essential for following and enforcing laws Educational tool Comprehensive use instructions

In a perfect world…….

Registrants would create labeling that EPA would approve without comment

EPA would receive labels for review that would mitigate risks & meet regulatory standards

Users would not only read, but also understand, and be willing to follow label instructions

State Lead Agencies would never have to take an enforcement action

If that perfect world existed…..

…..then this would be Minnesota in January

for at least a couple of days!

But this is what it is

Recent Progress on Labeling

The Label Review Manual has been revised and updated

There has been significant input from stakeholders via the “Enable the Label” Blog

EPA has developed training for it label reviewers

Can we…..

Create labels that make sense to the user?

Core Principles for label Quality:

Clarity Accuracy Clear Mandatory vs. Advisory statements Consistent with EPA Policy

Clarity

“Above all else, a label must be understood, which means using clear, unambiguous language, and a rational organization of the information on the label.”

EPA, OPP

Accuracy

“If EPA label requirements are tied to specific criteria such as toxicity levels or incident history, those criteria must be accurately applied to the product in question. Directions for use also must be accurately and clearly stated.”

EPA, OPP

Mandatory vs. Advisory

“When a direction or precaution is intended to be mandatory & enforceable, that intent must be clear…..Conversely, advisory information must not be given the appearance of mandatory statements…..”

EPA, OPP

Mandatory vs. Advisory

Mandatory:

‘Shall’ ‘Must’ ‘Do this’ ‘Do not’

Advisory?

‘Should’ ‘May’ ‘Recommended’

‘For best results’

Consistent with policy

“Label reviewers need to apply all relevant requirements & policies, and should not accept deviations..… .....the Label Review Manual provide(s) links to underlying regulations and policy documents.”

EPA, OPP

2,4,d LabelWPS In Rights-of-Way? In Forestry?

What is ‘gusty’?

Ground Application: DO NOT apply when winds are gusty or when conditions will favor movement of the spray particles off the desired spray target….

Not an RUP – Who can apply it?

Spray < 3 MPH with No Inversion?

Ultimately labels need:

1. Clarity – Can it make sense to an average person?

2. Accuracy

3. Clear Mandatory vs. Advisory statements

4. Consistent with EPA Policy

Glove Label StatementsRoundup Weather Max – (2009)

• Any waterproof material such as polyethyelene or polyvinyl chloride

Weedar 64 (2010)• Some materials that are chemical resistant are listed

below (NOT). For more options, follow instructions for Category A on an EPA Chemical Resistance Chart.

Bonfire Herbicide (2011)• Chemical resistant gloves – Category A (e.g. barrier

laminate, butyl rubber, nitrile rubber, neoprene rubber, natural rubber, polyethylene, polyvinyl chloride (PVC) or viton)

Glove Label Statements

Sevin 4F (2010) Some materials that are chemical resistant to this

product are made of any waterproof material. . . . For more options, follow instructions for Category A on an EPA Chemical Resistance Chart. . . . Wear chemical resistant gloves.

Lorsban Advance (2012) Materials that are chemical resistant to this product

are barrier laminate or viton >14mils . . . . Must wear chemical resistant gloves

Milestone VM Mandatory vs Advisory

Core Principles for label Quality:

Clarity Accuracy Clear Mandatory vs. Advisory statements Consistent with EPA Policy

Pesticide Safety & Environmental Educationwww.extension.edu/pesticides

Driven To Discover

Dean Herzfeld