E-Labels: Distribution Issues Jim Gray North Dakota Dept of Agriculture WRPM May 16, 2007

E-Labels: Two Overlying Issues Use of electronic labeling as part of the pesticide registration process –Mostly process issues, not regulatory issues Distribution of electronic labeling to pesticide users & dealers –Includes regulatory issues

The E-Label Model Base container with “essential” label components URL directing users to site for downloading the rest of the labeling –Most likely the use directions Appropriate reference language on base container to make e-label enforceable

This Isn’t Uncharted Territory… Electronic versions of labeling are readily available on the internet Electronic versions of supplemental labeling are widely distributed to dealers and users Model of base container label and URL reference language will be utilized for ESPP Bulletins

Why? Instantaneous release of label and label revisions –Eliminates multiple label versions in marketplace –Economic savings for registrants Improved user friendliness Increased label compliance Increased enforceability & compliance verification

Imagine the Possibilities… Rate calculators Search & sort functionality Use of video, photos, and other media Links to relevant sites & resources –ESPP homepage Immediate availability of other documents –MSDSs, draft Fumigation Management Plans Q & A sections

Distribution of E-Labeling: Issues for Consideration Section 3 of FIFRA does NOT speak to supplemental labeling –Section 3 supplemental labeling may not be enforceable if it is not referenced on full product label –Section 3 supplemental labeling may not exist in a regulatory sense

Distribution of E-Labeling: Issues for Consideration Is downloading or ing e-labeling considered pesticide production? According to 40 CFR 167.3: “Produce means to manufacture, prepare, propagate, compound, or process any pesticide, including any pesticide produced pursuant to section 5 of the Act, any active ingredient or device, or to package, repackage, label, relabel, or otherwise change the container of any pesticide or device. “

Distribution of E-Labeling: Issues for Consideration Can a pesticide user simply follow supplemental labeling on a computer screen, or do they need a hard copy? How do you prove this?

Distribution of E-Labeling: Issues for Consideration Conflict with some state statutes Technical abilities & capabilities of the regulated community

Distribution of E-Labeling: Issues for Consideration Where will the e-labels be posted? EPA homepage? Registrant homepage? Independent third party? Note: Don’t confuse the proposed e-label repository with a distribution mechanism

E-Label Benefits Deserve Some Serious Consideration Timely access to the most current label More user-friendly labeling Better communication on how to legally & safely use the product –INCREASED COMPLIANCE Better tracking of who is reading & accessing labeling

SFIREG WC/POM E-Label Task Force Co-Chairs: Steve Foss (WA) & Regina Sarracino (CA) Other members: S. Jackling (NY), C. Mason (NV), C. Giguere (VT), J. Gray (ND), EPA/OPP, EPA/OECA, Registrants