Label Confusion

Pesticide Safety & Environmental Education 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 Label WPS 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 Statements Roundup 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 Education Driven To Discover Dean Herzfeld