This notice has been superseded by CALIFORNIA NOTICE 96-4
                                    CALIFORNIA NOTICE 96-2





TO:       Economic Poison Registrants

SUBJECT:  CALIFORNIA'S NOTIFICATION PROCESS FOR MINOR
          REVISIONS TO PESTICIDE LABELS AND FORMULATIONS


THE PURPOSE OF THIS NOTICE IS TO INFORM REGISTRANTS OF THE
IMPLEMENTATION OF A CALIFORNIA NOTIFICATION PROCESS FOR MINOR
CHANGES TO PESTICIDE LABELING OR FORMULATION.  The Department of
Pesticide Regulation's (DPR) process is similar to the 
U.S. Environmental Protection Agency's (U.S. EPA) notification
process, but differs in certain areas.  This notice will identify
those label changes which can be made through DPR's notification
process, as well as those that do not require notification, and
those that require full review and evaluation as label
amendments.

Implementation of this procedure is part of our continuing effort
to reduce the amount of time and effort utilized in processing
minor label and formulation changes.  This should eliminate
delays in processing minor changes.

Attached is Notification Form #039-031 to be used when submitting
minor label or formulation revisions which meet the notification
criteria.  A copy of the federal notification document and other
specified documents are also required to be submitted.

  I.  LABELING AND FORMULATION REVISIONS WHICH CAN BE MADE BY    
      NOTIFICATION TO DPR.

     A.  Deleting Pests or Use Sites.  All other labeling   
         references pertaining to the pest or use site being
         deleted must also be deleted.  Adding a pest or use
         site (except indoor nonfood antimicrobial) cannot be
         made by notification. Use deletions related to data
         call-ins are also allowed by notification.

 

     B.  Adding Indoor Nonfood Sites for Antimicrobial Products
         Provided That:

         No additional data (such as efficacy, ecological
         effects, etc.) are required for the added nonfood site;
         
         Sites are within an already registered use pattern for
         the product;

         A directive does not explicitly prohibit addition of
         nonfood sites;

         The technical product label does not prohibit the
         proposed site;

         The dosage, concentration, frequency, or method of
         application do not change.

     C.  Advisory Statements - Addition, Revision, or Deletion.
         Statements such as those related to use precautions,
         efficacy, crop damage, and product incompatibility may
         be added or revised, provided that they are not
         mandatory phrases and do not negate or detract from the
         precautionary statements or other label statements. 
         The addition, deletion, or revision of statements
         cannot trigger efficacy, human health, or environmental
         concerns, and cannot change the dosage, frequency,
         concentration, or method of application.  The
         statements cannot be false or misleading and cannot
         negate or conflict with statements made on any other
         product label which refers to use of the subject
         product or chemical.  Advisory statements may be
         deleted.

         Examples of advisory statements include "Product not
         recommended on natural marble surfaces" and "This
         product should not be used with products containing X
         due to risk of explosive reaction."

         If you have questions regarding specific advisory
         statements, please call the registration specialist
         assigned to your company.

     D.  Changes in Package Size and Net Contents provided all
         of the following criteria are met:

         Dosage, concentration, frequency, or method of 
         application do not change; 

         Exposure is not likely to be increased; 


         Product is not subject to child resistant packaging
         before or after the change;

         Product is not a rodenticide.  Changes to rodenticide
         package size and net contents may not be made through
         notification, but require submission as label
         amendment;

         No Worker Protection Standard labeling statements are
         changed;

         Package size is not reduced to the point that the net
         contents of the package is smaller than the dosage
         required by directions for use;

         Container size, net contents, or other characteristics
         are not changed in a way that violates U.S. EPA-
         mandated restrictions;

         No changes are made to bait stations, control stations,
         attractant stations, or other packaging that houses the
         pesticide during its use.

     E.  Adding Storage and Disposal Statements.  The statements
         must be in compliance with U.S. EPA PR Notices 83-3
         and 84-1.

     F.  Adding Bilingual Labeling.  Labeling may be added even
         though not required by U.S. EPA.  The foreign text must
         be a true, complete, and accurate translation of the
         English text.  Both language versions of the labeling
         must appear on a container in their entirety.

     G.  Adding Symbols and Graphics.  Symbols and graphics
         cannot substitute for, or conflict with, label text,
         and cannot be false or misleading.  Examples of
         acceptable items include arrow diagrams demonstrating
         how to open product containers; graphics displaying
         application patterns, such as aerial application,
         pictograms displaying various exposure routes, pictures
         of where the product can be used, and pictures of
         persons wearing appropriate protective clothing.

     H.  Removal of Redundant Labeling Statements.  Statements
         may be combined to remove redundancy anywhere on the
         label, provided that statements required by DPR or
         U.S. EPA are not removed or changed.  

     I.  Changes in Warranty Statement.  Warranty statements may
         be revised provided they do not disclaim the
         performance or safety of the product when used in 
         accordance with label directions, and are otherwise
         consistent with Food and Agricultural Code
         sections 12853 and 12854.

     J.  Changes in Source of Active Ingredient.  A change in
         the source of an active ingredient is allowed provided
         that there is no resulting change in inert ingredients.
         The alternate source must be U.S. EPA registered.

     K.  Other Minor Revisions.  Other minor label changes not
         described elsewhere in this notice may be made by
         notification.  These changes must be consistent with
         the federal notification requirements.

     L.  Correcting Typographical and Grammatical Errors.  This
         includes typographical and printing errors as well as
         changes in grammar and phrasing that do not change how
         the product will be used.

     M.  Revision, Addition, or Deletion of Non-FIFRA Related
         Label Elements, such as the following:

         Symbols and graphics required by other governmental
         agencies (i.e., Department of Transportation);

         Change in the analysis of a fertilizer product;

         Date of manufacture or label approval;

         Use of metric units in addition to standard 
         United States units for net contents, dosages, and
         other numeric expressions;

     N.  Redesign of Label Format.  A registrant may redesign a 
         label's format provided the redesign does not modify
         approved label text and is consistent with State and
         federal format requirements and policy.  This may
         include, among other things, changes in color, type
         size, or style, use of space, configuration or
         placement of label elements.

 II.  CHANGES THAT CAN BE MADE WITHOUT NOTIFICATION TO DPR
     (NOTE: MAY REQUIRE FEDERAL NOTIFICATION)

          The source of an inert ingredient may be changed
          without notification;

          The source of starting materials for integrated systems
          products may be changed without notification;

          The formulation process of a product made by a  
          nonintegrated system may be changed without
          notification.

III. CHANGES WHICH ARE ALLOWED BY U.S. EPA AS NOTIFICATION       
     OR NONNOTIFICATION, BUT MUST BE SUBMITTED TO DPR FOR      
     REVIEW AND APPROVAL AS LABEL AMENDMENTS.

     A.  Alternate brand names;
     
     B.  Addition of any pests;
     
     C.  Any increase or decrease in the percentage of an active
         ingredient;

     D.  Any inert ingredient change in identity or 
         percentage;

     E.  Any change in the name or address of the registrant.

 IV.  SUBMISSION PROCESS FOR NOTIFICATION.

     The registrant should identify the submission with a
     statement such as "Minor label or formulation change per 
     CA Notice 96-2" in the cover letter, and attach a completed
     Notification Form, #039-031.

     Address submissions to:

         Notification Project, Pesticide Registration Branch
         Department of Pesticide Regulation
         1020 N Street, Room 332
         Sacramento, CA 95814-5624

     Requests may also be hand-carried or courier delivered
     Monday through Friday, 8:00 a.m. to 4:30 p.m., excluding
     State holidays.

     Attach a copy of the federal notification document and any
     other documents submitted to U.S. EPA in support of the
     federal notification.  (There would not be any federal
     documents for California-only products since federal
     registration is not required.)

     For label changes, attach two copies of the final printed
     or printer's proof proposed label.

 
     If you are informing us of changes that you have made to 
     your formulation, attach one copy of the Application for
     Registration of Economic Poisons (Pesticides) form with
     items 20-29 filled out.  In lieu of filling out 
     items 20-29, you may attach the federal Confidential
     Statement of Formula to the application.  In either case,
     remember to sign and date the application form.  In
     addition, submit any supporting information, such as
     Material Safety Data Sheets, that you have for proposed
     inert ingredients.

  V.  ADDITIONAL INFORMATION

     A.  Products distributed or sold with a changed label that
         do not meet California's notification criteria are
         considered misbranded and subject to enforcement
         action. 

     B.  Registrants of California-only products (which do not
         require federal registration) may utilize the
         notification process for those label changes which meet
         the criteria.

     C.  When change of a labeling or formulation is permissible
         by notification, the notification must be received by
         DPR before the registrant may distribute or sell the
         product with the changed label or formulation. A
         product distributed or sold with a changed label before
         the notification documents and final printed labels are
         received is misbranded.

     D.  If a registrant has an application for amended
         registration pending with DPR which qualifies for
         notification pursuant to this notice, the registrant
         may: (1) send a letter to the registration specialist
         assigned to its company requesting that the application
         for amended registration be withdrawn; and (2) submit a
         Notification Form and all other required information to
         the address above. 

 VI. QUESTIONS REGARDING THIS NOTICE

If you have questions about this Notice and not about your
specific products, you may call Mr. Richard Bireley in the
Pesticide Registration Branch, at (916) 324-3930.  If you have  
questions about your specific products, please contact the 
registration specialist assigned to your company.

Sincerely,





 Original Signed by                         3-8-96
_____________________________           ________________________
Barry Cortez, Chief                     Date
Pesticide Registration Branch
(916) 445-4377


Attachment Notification of Minor Changes
(PDF Format)