MSR® Spray Concentrate – Labeling Interpretation

This responds to a request for a labeling interpretation concerning the product MSR® Spray Concentrate, EPA Registration No. 10163-220 ZC, relative to labeling restricted entry interval (REI) requirements for the crops: broccoli, broccoflower, broccolini, cauliflower, Brussels sprouts, and cabbage. The product labeling establishes a REI of seven days for these crops. Additionally, it states:

“In addition to the early entry exceptions allowed by the Worker Protection Standard, you may enter or allow workers to enter treated areas to irrigate immature plants 3 days following application as long as the worker wears long pants, long sleeved shirt, and shoes plus socks. Notify workers of the exception.”

Question:

In the context of irrigation of immature plants, when would broccoli, broccoflower, broccolini, cauliflower, Brussels sprouts, and cabbage be considered immature?

Answer:

The crop is considered immature when plants are at a growth stage that:

• Irrigators can walk through the furrows and install pipe without causing plant damage, and
• Irrigators installing pipe are unlikely to come into contact with the treated plant foliage.

Plant damage is characterized as any physical injury to plants caused by irrigator foot traffic, any physical injury to plants caused by equipment (i.e., tractor, trailer) used by irrigators to move irrigation pipe, and/or any physical injury to plants caused by the irrigation pipe that is being moved by irrigators.

University of California Publication 3307 – Integrated Pest Management for Cole Crops and Lettuce (1992) can be used as guidance to help determine when plants are immature and mature. Plants are considered immature from Stage I – Seedling Development (Prethinning – seed to 6 inches) through Stage II – Intermediate Growth (Preheading or precupping stage – thinning to head formation) and plants are considered mature when in Stage III – Head or Curd Formation (also known as- heading or cupping stage) through harvest. Other indicators that plants are in the mature growth stage include: when plant foliage overlaps each other and when plant foliage causes furrow closure.

Question:

Is the label early entry exception to enter treated areas to irrigate immature plants limited to moving irrigation pipe, or does it apply to all irrigation activities including laying out drip tape, etc.?

Answer:

Labeling is not specific to the type of pipe used to irrigate immature plants. Laying out drip tape to irrigate immature plants would not be in conflict with MSR® Spray Concentrate labeling requirements.

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

Sincerely,