Department of Pesticide Regulation logo
Mary-Ann Warmerdam
Director
California State Seal
Arnold Schwarzenegger
Governor
12/22/2005
ENF 05-29
To: County Agricultural Commissioners

Labeling Interpretation for K-Tea Algaecide

This responds to a request for a labeling interpretation concerning the product K-Tea Algaecide, U.S. Environmental Protection Agency Registration Number 67690-24-AA, registered by SePro Corporation, relative to its use in irrigation drip lines.

Question: Can K-Tea Algaecide be used to control algae in irrigation drip lines?

Answer: K-Tea Algaecide is not registered for use to treat irrigation drip lines to control algae. This interpretation is based on the Department of Pesticide Regulation’s policy concerning “Site Interpretations” (found in Enforcement Branch’s Procedural Guidance Manual page 105) which states: “if the label statement is structured to indicate that the list is exclusive, i.e., deciduous orchards – apples and pears, then only those commodities or sites can be treated.” The K-Tea Algaecide labeling under the “Directions for Use” states: “K-Tea Algaecide is registered for use on crop and non-crop irrigation conveyance systems (canals, laterals and ditches).”

Therefore, use of K-Tea Algaecide to treat drip lines would be a use “in conflict” with Food and Agricultural section 12973 which states: “The use of any pesticide shall not conflict with labeling registered pursuant to this chapter which is delivered with the pesticide,” because the label statement does not qualify the irrigation conveyance system use with the phrase “such as” or similar type wording.

The Department of Pesticide Regulation has contacted the registrant and the registrant concurs with this interpretation.

If you have any questions, please contact the Enforcement Branch Liaison serving your county.

Sincerely,

Original signature by:
Scott T. Paulsen
Chief, Enforcement Branch
(916) 324-4100
CC:
Mr. Steve D. Cockreham, PhD, SePro Corporation
Mr. Barry Cortez, DPR Branch Chief
Mr. Roy Rutz, Agriculture Program Supervisor III
Ms. Regina Sarracino, DPR Agriculture Program Supervisor II
Mr. Al Lomeli, DPR Agriculture Program Supervisor II
Mr. Gary Varnado, DPR Senior Pesticide Use Specialist
Mr. Louis Watson, DPR Senior Special Investigator
Mr. James Shattuck, Agricultural Commissioner Liaison