California Code of Regulations (Title 3. Food and Agriculture)
Division 6. Pesticides and Pest Control Operations


Division 6. Pesticides and Pest Control Operations
Chapter 2. Pesticides
Subchapter 1. Pesticide Registration
Article 10.  Labeling


6235. Name, Brand, or Trademark of Pesticide.

The name, brand, or trademark of the pesticide appearing on the label shall be that under which the pesticide is registered.

NOTE: Authority cited: Section 12781 and 14005, Food and Agricultural Code.

Reference: Sections 12751-12994, Food and Agricultural Code.

6237. Placement of Label.

The label shall appear on the pesticide or the immediate container thereof. If the immediate container is enclosed within a wrapper or outside container through which the label cannot be clearly read by a person with normal vision, the label must also appear on such outside wrapper or container if it is a part of the retail package.

NOTE: Authority cited: Sections 12781 and 14005, Food and Agricultural Code.

Reference: Sections 12751-12994, Food and Agricultural Code.

6238. Acceptance of Labeling.

No label may represent a registered pesticide and no supplemental or associated information, whether written or oral, may represent a registered pesticide until such label and information is accepted by the director as part of the labeling. Recommended dilutions, if any, for use of a pesticide shall be submitted with the application.

NOTE: Authority cited: Section12781 and 14005, Food and Agricultural Code.

Reference: Sections 12751-12994, Food and Agricultural Code.

6239. Name and Address of Manufacturer, Distributor, Packer, Formulator, or Registrant.

An unqualified name and address given on the label shall be considered as the name and address of the manufacturer. If the registrant's name appears on the label and 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. If a person has two or more locations at which a pesticide is manufactured or packaged, or from which it is distributed, the name and address of the person's principal office will be accepted except in cases where the director determines that the address of the exact location is necessary for the protection of the public. The address of the manufacturer, registrant, or person for whom manufactured shall include the street address, if any, unless the street address is shown in a current city directory or telephone directory.

NOTE: Authority cited: Sections 12781 and 14005, Food and Agricultural Code.

Reference: Sections 12751-12994, Food and Agricultural Code.

6240. Legibility of Label and Labeling.

All words, statements, graphic presentations, or designs required by the Food and Agricultural Code or these regulations to appear on the label or labeling must be clearly legible and easy to read by a person with normal vision. The signal word, when required, and the statement, "Keep out of the reach of children," when necessary, shall be of a size bearing a reasonable relationship to the other type on the front part of the label and to the size of the container. The signal word, when required, shall not be less than 18 point type, and the said warning statement shall not be less than 12 point type, unless the label space on the container is too small to accommodate such type sizes, in which case, the director shall prescribe the type size. When the size of the label space requires a reduction in type size, the reduction shall be made to a size no smaller than is necessary, and in no event to a size smaller than 6 point type.

NOTE: Authority cited: Sections 11456, 12781 and 14005, Food and Agricultural Code.

Reference: Sections 12751-12994, Food and Agricultural Code.

6241. Registration Number.

(a) The assigned registration number shall appear on each pesticide label.

(b) The registration number shall be shown on the label substantially as follows:

EPA REGISTRATION NO. 00000-00000-00000 or

EPA REG. NO. 00000-00000-00000 or if no Federal number has
been assigned

REGISTRATION NO. 00000-00000-00000 or

STATE REG. NO. 00000-00000-00000

(The first five digits reflect the manufacturer or basic registrant; the second five digits the product; and the third five digits, if applicable, reflect the distributor.)

NOTE: Authority cited: Sections 12781 and 14005, Food and Agricultural Code.

Reference: Sections 12751-12994, Food and Agricultural Code.

6242. Warning or Caution Statement.

Warning or caution statements, which are necessary, and if complied with, adequate to prevent injury to living man and useful vertebrate animals, useful vegetation, and useful invertebrate animals, must appear on the label in a place sufficiently prominent to warn the user, and must state clearly and in nontechnical language the particular hazard involved in the use of the pesticide, e.g., ingestion, skin absorption, inhalation, flammability or explosion, and the precautions to be taken to avoid accident, injury, or damage.

(a) The label of every pesticide shall bear warnings or cautions which are necessary for the protection of the public, including the statement, "Keep out of reach of children," and a signal word such as "Danger," "Warning," or "Caution" as the director may prescribe, on the front panel or that part of the label displayed under customary conditions of purchase; however, the director may permit reasonable variations on the placement of that part of the required warnings and cautions other than the statement, "Keep out of the reach of children," and the required signal word, if in his opinion such variations would not be injurious to the public. If a pesticide is marketed in channels of trade where the likelihood of contact with children is extremely remote, or if the nature of the product is such that it is likely to be used on infants or small children without causing injury in under reasonably foreseeable conditions, the director may waive the requirement of the statement, "Keep out of reach of children," if in his opinion such a statement is not necessary to prevent injury to the public. The director may permit a statement such as "Keep away from infants and small children" in lieu of the statement "Keep out of reach of children," if the director determined that such a variation would not be injurious to the public.

(b) The label of every pesticide which is highly toxic to man shall bear the word "Danger" along with the word "Poison" in red on contrasting background in immediate proximity to the skull and crossbones, and an antidote statement including directions to call a physician immediately on the front panel or that part of the label displayed under customary conditions of purchase; however, the director may permit reasonable variations in the placement of the antidote statement if some reference such as "See antidote statement on back panel" appears on the front panel near the word "Poison" and the skull and crossbones.

NOTE: Authority cited: Sections 12781 and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code.

6243. Scope of Labeling Requirements.

The labeling requirements in this article shall provide that pesticide products registered by the director meet, but not exceed, current U.S. EPA labeling requirements. The labeling requirements in this article shall apply equally to pesticide products currently registered by U.S. EPA and submitted to the director for registration, and those requiring registration only pursuant to section 12811 of the Food and Agricultural Code.

NOTE: Authority cited: Sections 11456 and 12781, Food and Agricultural Code.
Reference: Sections 12751-13102, Food and Agricultural Code.

 

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