Increasing Application Dose Using Two Products with the Same Active Ingredient
The Department of Pesticide Regulation (DPR) is concerned about the practice of increasing the dosage rate (doubling the dose) of an application by tank mixing two separate pesticide products containing the same active ingredient (AI). It is the position of DPR that using another pesticide product, which results in exceeding the maximum dose allowed by the labeling of either product, is a use in conflict with that labeling and a violation of Food and Agricultural Code (FAC) section 12973. For example, an analysis of the tank mix would indicate there is a higher rate of AI than allowed by the registered labeling delivered with the product (an overdose). That overdose would constitute a use in conflict with the registered labeling and, therefore, is a violation of FAC section 12973. Similarly, the sequential application of multiple products containing the same AI to exceed the amount allowed in a time interval by the registered labeling would constitute a use in conflict.
Title 3, California Code of Regulations (3CCR) section 6000 defines “conflict with labeling” as any deviation from instructions, requirements, or prohibitions of the pesticide product labeling concerning storage, handling, or use with certain exceptions. Generally, tank mixing is allowed under the definition of conflict with labeling when neither product label prohibits such practice. However, the definition of conflict with labeling has never been interpreted as allowing an increase in the maximum dose shown in pesticide labeling. DPR has no intention of accepting such an interpretation.
DPR is concerned that potential serious problems may result from this type of practice. For example, there would be an increased likelihood of pesticide residue in excess of the established tolerance for the treated crop; there would be the increased likelihood of pesticide residue or pesticide residues in excess of the established tolerance for adjacent crops (caused by pesticide drift)& and there is an increased likelihood of illness to field workers exposed to excessive levels of pesticide residue on the treated crop(s).
Licensed Agricultural Pest Control Advisers should be made aware that repeated recommendation of a tank mix of two products to exceed the maximum dose is unprofessional conduct as defined by FAC section 12023.5(a) and a violation of FAC section 12023(f). Violations of the above-listed sections could result in a sanction against their license. DPR is advising CACs to take additional action against the county registration (suspension or revocation) of any adviser found to be performing this unprofessional practice pursuant to FAC section 12035.
Arguably, this practice also violates the intention of 3CCR sections 6600(b) and 6600(e) respectively. When the result of this tank mixing practice exceeds the maximum allowable rate of active ingredient, pest control is not being performed in a careful and effective manner, and the adviser is not exercising reasonable precautions to avoid contamination of the environment.
This practice is also inconsistent with FAC sections 11501(a) and 11501(b), which outline the purposes of the requirements and state in pertinent part, “To provide for the proper, safe and efficient use of pesticides essential for production of food and fiber and for protection of the public health and safety; and, to protect the environment from environmentally harmful pesticides by prohibiting, regulating, or ensuring proper stewardship of these pesticides.”
If you have any questions, please contact the Enforcement Branch Liaison assigned to your county.
Sincerely,