Department of Pesticide Regulation

SIMULTANEOUS APPLICATION OF PESTICIDES WITH CONFLICTING LABELING REQUIREMENTS

The Department of Pesticide Regulation (DPR) has been asked to clarify its position with respect to the simultaneously use of two products with conflicting labeling statements. The example submitted is the use of the fumigants TRI-CLOR (99% chloropicrin), (EPA Registration No. 58266-2-11220), and TELONE II CA (97.5% 1,3-dicloropropene), (EPA Registration No. 62719-32- ZA). The practice (application method) involves mixing the pesticides for simultaneous application of both materials. The two materials are carried on the application rig in separate tanks, are mixed at the flow divider and applied from one injection port per shank.

The practice of mixing pesticides is generally controlled by the definition of "conflict with labeling" in Title 3, California Code of Regulations section 6000 (f) that states:

"Conflict with labeling" means any deviation from instructions, requirements, or prohibitions of pesticide product labeling concerning storage, handling, or use except: (f) Mixing with another pesticide or with a fertilizer unless such mixing is expressly prohibited.

As a general rule, and as provided in a common permit condition, where the labels of pesticides to be applied simultaneously have differing restrictions, the application is to be done following the most restrictive (or most protective) restriction. This rule is found throughout the Federal Insecticide, Fungicide, Rodenticide Act (see 40 Code of Federal Regulations section 170.112(a)(3) with respect to entry restrictions) and is reflected in pesticide labels as well.

However, the personal protective equipment instructions on these two labels cannot be reconciled to allow the applicator to follow the most protective restriction. The TRI-CLOR product labeling states: "Do not wear (emphasis added) jewelry, gloves, goggles, tight clothing, rubber protective clothing, or rubber boots when handling." The TELONE II product labeling states: "Handlers performing direct-contact tasks must wear (emphasis added) … chemical-resistant gloves, chemical-resistant footwear, face-sealing goggles…"

Because the TRI-CLOR and TELONE II CA products have mutually exclusive labeling statements, a situation is created where a user cannot comply with both labels when mixing and using the two pesticides. Simultaneous use of these two products puts applicators at risk for violating Food and Agricultural Code section 12973.

DPR is aware that products containing Telone and Chloropicrin have been registered and their labeling does address appropriate personal protective equipment for combined use of these products.

If registrants seek to market the above products to be used simultaneously, they must address this issue and submit label amendments with current data supporting the requested change(s) for use of appropriate personal protective equipment.

If you have questions, please contact your Enforcement Branch Liaison.

cc:   Mr. Roy Rutz, Agriculture Program Supervisor IV
        Ms. Polly Frenkel, Chief Counsel
        Ms. Sue Edmiston, DPR Branch Chief, Worker Health & Safety Branch
        Mr. Chuck Andrews, DPR Branch Chief, Registration Branch
        Mr. George Farnsworth, DPR Agriculture program Supervisor IV
        Mr. Roy Rutz, DPR Agriculture program Supervisor IV
        Mr. Vic Acosta, DPR Program Specialist
        Ms. Jodi Clary, DPR Staff Counsel
        Mr. Gary Knutila, DPR Staff Counsel
        Mr. Eric Waltz, DPR Staff Counsel
        Mr. Harvard Fong, DPR Senior Industrial Hygienist
        Mr. James Shattuck, DPR Agricultural Commissioner Liaison, DPR
        Enforcement Branch Liaisons