Update to Compendium Volume 8 Guidelines for Interpreting Pesticide Laws, Regulations, and Labeling: Product Labeling at Use Site

This letter announces the availability of, and summarizes an update to, Volume 8, Guidelines for Interpreting Pesticide Laws, Regulations, and Labeling, one of eight volumes of the Pesticide Use Enforcement Program Standards Compendium. The update is enclosed and available online at the links provided below. Please have your staff begin using this updates as soon as possible. A hard copy will not be distributed.

Title 3, California Code of Regulations (3 CCR) section 6602 requires that a “copy” of the registered pesticide labeling covering the actual use be available at the use site. Typically, the label on the registrant´s container is at the use site and satisfies the requirements of section 6602. As DPR previously determined in the ENF 06-13, any document accurately depicting the use directions, restrictions, and precautions on the registered labeling may comply with section 6602. Acceptable labeling can be formatted in various media including physical formats (i.e. paper copies, photographs, or facsimiles) as well as digital formats (i.e. web distributed labeling, digital images, specimen labels downloaded from a registrant website or similar service, or other electronic formats).

Label available at the Use Site

During a pesticide use inspection, the pesticide user demonstrates compliance with section 6602 by physically producing a copy of the labeling (paper or digital) for County Agricultural Commissioner (CAC) staff to review. The user can demonstrate compliance by producing either a paper copy or a digital copy of the labeling.

The same standard applies to paper or digital labels: the user must make viewable the contents of the labeling. The mere presence of a mobile device or computer at the use site does not demonstrate that a digital copy of the labeling is at the use site no more than an unidentifiable stack of papers at the use site demonstrates the physical presence of the registered labeling. For either medium, the user must provide a copy of the relevant labeling, either by displaying the labeling in the case of an electronic device or by presenting the physical copy of the labeling relevant to the use.

Labeling is copy of Registered Labeling

Regardless of the storage medium (paper or digital), it is the responsibility of the user to ensure that the labeling at the site accurately reflects currently registered labeling. If the electronic device fails, the user would be in violation of section 6602 if that was the only means of reviewing the labeling relevant to the use. If it is discovered that the labeling on site is not a true and accurate copy of the registered labeling, action can be taken for a violation of 3 CCR section 6602.

Violations

It is a violation of section 6602 if the user is unable to make available, at the use site, an acceptable copy of the registered labeling.

If you need further assistance, please contact the Enforcement Branch Liaison assigned to your county.

Sincerely,