PART 156—LABELING REQUIREMENTS FOR PESTICIDES AND DEVICES Authority: 7 U.S.C. 136-136y. Subpart A—General Provisions § 156.3 Definitions. Terms used in this part have the same meaning as in the Act and part 152 of this chapter. In addition, as used in this part, the following terms shall have the meanings set forth below. Dilutable Transport vehicle [73 FR 64224, Oct. 29, 2008] § 156.10 Labeling requirements. (a) General Contents of the label. (i) The name, brand, or trademark under which the product is sold as prescribed in paragraph (b) of this section; (ii) The name and address of the producer, registrant, or person for whom produced as prescribed in paragraph (c) of this section; (iii) The net contents as prescribed in paragraph (d) of this section; (iv) The product registration number as prescribed in paragraph (e) of this section; (v) The producing establishment number as prescribed in paragraph (f) of this section; (vi) An ingredient statement as prescribed in paragraph (g) of this section; (vii) Hazard and precautionary statements as prescribed in subpart D of this part for human and domestic animal hazards and subpart E of this part for environmental hazards. (viii) The directions for use as prescribed in paragraph (i) of this section; and (ix) The use classification(s) as prescribed in paragraph (j) of this section. (2) Prominence and legibility. (ii) All required label text must: (A) Be set in 6-point or larger type; (B) Appear on a clear contrasting background; and (C) Not be obscured or crowded. (3) Language to be used. (4) Placement of Label General. (ii) Tank cars and other bulk containers Transportation. (B) Storage. (5) False or misleading statements. (i) A false or misleading statement concerning the composition of the product; (ii) A false or misleading statement concerning the effectiveness of the product as a pesticide or device; (iii) A false or misleading statement about the value of the product for purposes other than as a pesticide or device; (iv) A false or misleading comparison with other pesticides or devices; (v) Any statement directly or indirectly implying that the pesticide or device is recommended or endorsed by any agency of the Federal Government; (vi) The name of a pesticide which contains two or more principal active ingredients if the name suggests one or more but not all such principal active ingredients even though the names of the other ingredients are stated elsewhere in the labeling; (vii) A true statement used in such a way as to give a false or misleading impression to the purchaser; (viii) Label disclaimers which negate or detract from labeling statements required under the Act and these regulations; (ix) Claims as to the safety of the pesticide or its ingredients, including statements such as “safe,” “nonpoisonous,” “noninjurious,” “harmless” or “nontoxic to humans and pets” with or without such a qualifying phrase as “when used as directed”; and (x) Non-numerical and/or comparative statements on the safety of the product, including but not limited to: (A) “Contains all natural ingredients”; (B) “Among the least toxic chemicals known” (C) “Pollution approved” (6) Final printed labeling. (ii) Clearly legible reproductions or photo reductions will be accepted for unusual labels such as those silk-screened directly onto glass or metal containers or large bag or drum labels. Such reproductions must be of microfilm reproduction quality. (b) Name, brand, or trademark. (2) No name, brand, or trademark may appear on the label which: (i) Is false or misleading, or (ii) Has not been approved by the Administrator through registration or supplemental registration as an additional name pursuant to § 152.132. (c) Name and address of producer, registrant, or person for whom produced. An unqualified name and address given on the label shall be considered as the name and address of the producer. If the registrant's name appears on the label and the registrant is not the producer, or if the name of the person for whom the pesticide was produced appears on the label, it must be qualified by appropriate wording such as “Packed for * * *,” “Distributed by * * *,” or “Sold by * * *” to show that the name is not that of the producer. (d) Net weight or measure of contents. (2) If the pesticide is a liquid, the net content statement shall be in terms of liquid measure at 68 °F (20 °C) and shall be expressed in conventional American units of fluid ounces, pints, quarts, and gallons. (3) If the pesticide is solid or semisolid, viscous or pressurized, or is a mixture of liquid and solid, the net content statement shall be in terms of weight expressed as avoirdupois pounds and ounces. (4) In all cases, net content shall be stated in terms of the largest suitable units, i.e. (5) In addition to the required units specified, net content may be expressed in metric units. (6) Variation above minimum content or around an average is permissible only to the extent that it represents deviation unavoidable in good manufacturing practice. Variation below a stated minimum is not permitted. In no case shall the average content of the packages in a shipment fall below the stated average content. (7) For a pesticide product packaged in a refillable container, an appropriately sized area on the label may be left blank to allow the net weight or measure of content to be marked in by the refiller according to 40 CFR 165.65(h) or 165.70(i) prior to distribution or sale of the pesticide. As required in paragraph (a)(1)(iii) of this section, the net contents must be shown clearly and prominently on the label. (e) Product registration number. (f) Producing establishment's registration number. (g) Ingredient statement General. (2) Position of ingredient statement. (ii) The text of the ingredient statement must run parallel with other text on the panel on which it appears, and must be clearly distinguishable from and must not be placed in the body of other text. (3) Names to be used in ingredient statement. (4) Statements of percentages. (5) Accuracy of stated percentages. (6) Deterioration. (i) In cases where it is determined that a pesticide formulation changes chemical composition significantly, the product must bear the following statement in a prominent position on the label: “Not for sale or use after [date].” (ii) The product must meet all label claims up to the expiration time indicated on the label. (7) Inert ingredients. (h) [Reserved] (i) Directions for Use General requirements Adequacy and clarity of directions. (ii) Placement of directions for use. (A) If required by the Agency, such printed or graphic matter is securely attached to each package of the pesticide, or placed within the outside wrapper or bag; (B) The label bears a reference to the directions for use in accompanying leaflets or circulars, such as “See directions in the enclosed circular:” and (C) The Administrator determines that it is not necessary for such directions to appear on the label. (iii) Exceptions to requirement for direction for use. ( 1 ( 2 ( 3 ( 4 (B) Detailed directions for use may be omitted from the labeling of pesticide products for which sale is limited to physicians, veterinarians, or druggists, provided that: ( 1 ( 2 ( 3 (C) Detailed directions for use may be omitted from the labeling of pesticide products which are intended for use only by formulators in preparing pesticides for sale to the public, provided that: ( 1 ( 2 ( 3 ( 4 (2) Contents of Directions for Use. (i) The statement of use classification as prescribed in paragraph (j) of this section immediately under the heading “Directions for Use.” (ii) Immediately below the statement of use classification, the statement “It is a violation of Federal law to use this product in a manner inconsistent with its labeling.” (iii) The site(s) of application, as for example the crops, animals, areas, or objects to be treated. (iv) The target pest(s) associated with each site. (v) The dosage rate associated with each site and pest. (vi) The method of application, including instructions for dilution, if required, and type(s) of application apparatus or equipment required. (vii) The frequency and timing of applications necessary to obtain effective results without causing unreasonable adverse effects on the environment. (viii) Worker protection statements meeting the requirements of subpart K of this part. (ix) Specific directions concerning the storage, residue removal and disposal of the pesticide and its container, in accordance with subpart H of this part. These instructions must be grouped and appear under the heading, “Storage and Disposal.” This heading must be set in type of the same minimum sizes as required for the child hazard warning. (See table in § 156.60(b)) (x) Any limitations or restrictions on use required to prevent unreasonable adverse effects, such as: (A) Required intervals between application and harvest of food or feed crops. (B) Rotational crop restrictions. (C) Warnings as required against use on certain crops, animals, objects, or in or adjacent to certain areas. (D) For total release foggers as defined in § 156.78(d)(1), the following statements must be included in the “Directions for Use.” DO NOT use more than one fogger per room. DO NOT use in small, enclosed spaces such as closets, cabinets, or under counters or tables. Do not use in a room 5 ft. × 5 ft. or smaller; instead, allow fog to enter from other rooms. Turn off ALL ignition sources such as pilot lights (shut off gas valves), other open flames, or running electrical appliances that cycle off and on ( i.e. (E) For restricted use pesticides, a statement that the pesticide may be applied under the direct supervision of a certified applicator who is not physically present at the site of application but nonetheless available to the person applying the pesticide, unless the Agency has determined that the pesticide may only be applied under the direct supervision of a certified applicator who is physically present. (F) Other pertinent information which the Administrator determines to be necessary for the protection of man and the environment. (j) Statement of use classification. (1) General Use Classification. (2) Restricted Use Classification. (i) Front panel statement of restricted use classification. (B) Directly below this statement on the front panel, a summary statement of the terms of restriction imposed as a precondition to registration shall appear. If use is restricted to certified applicators, the following statement is required: “For retail sale to and use only by Certified Applicators or persons under their direct supervision and only for those uses covered by the Certified Applicator's certification.” If, however, other regulatory restrictions are imposed, the Administrator will define the appropriate wording for the terms of restriction by regulation. [40 FR 28268, July 3, 1975; 40 FR 32329, Aug. 1, 1975; 40 FR 36571, Aug. 21, 1975, as amended at 43 FR 5786, Feb. 9, 1978. Redesignated and amended at 53 FR 15991, 15999, May 4, 1988; 57 FR 38146, Aug. 21, 1992; 60 FR 32096, June 19, 1995; 63 FR 9082, Feb. 23, 1998; 66 FR 64764, Dec. 14, 2001; 71 FR 47420, Aug. 16, 2006; 73 FR 75596, Dec. 12, 2008] Subparts B-C [Reserved] Subpart D—Human Hazard and Precautionary Statements Source: 66 FR 64764, Dec. 14, 2001, unless otherwise noted. § 156.60 General. Each product label is required to bear hazard and precautionary statements for humans and domestic animals (if applicable) as prescribed in this subpart. Hazard statements describe the type of hazard that may occur, while precautionary statements will either direct or inform the user of actions to take to avoid the hazard or mitigate its effects. (a) Location of statements Front panel statements. (2) Statements elsewhere on label. (b) Placement and prominence Front panel statements. Type Sizes for Front Panel Warning Statements Size of Label Front Panel (Square Inches) Point Size Signal Word (All Capital Letters) Child Hazard Warning 5 and under 6 6 Over 5 to 10 10 6 Over 10 to 15 12 8 Over 15 to 30 14 10 Over 30 18 12 (2) Other required statements. § 156.62 Toxicity Category. This section establishes four Toxicity Categories for acute hazards of pesticide products, Category I being the highest toxicity category. Most human hazard, precautionary statements, and human personal protective equipment statements are based upon the Toxicity Category of the pesticide product as sold or distributed. In addition, toxicity categories may be used for regulatory purposes other than labeling, such as classification for restricted use and requirements for child-resistant packaging. In certain cases, statements based upon the Toxicity Category of the product as diluted for use are also permitted. A Toxicity Category is assigned for each of five types of acute exposure, as specified in the table in this paragraph. Acute Toxicity Categories for Pesticide Products Hazard Indicators I II III IV Oral LD 50 Up to and including 50 mg/kg >50 thru 500 mg/kg >500 thru 5,000 mg/kg >5,000 mg/kg Dermal LD 50 Up to and including 200 mg/kg >200 thru 2000 mg/kg >2000 thru 20,000 mg/kg >20,000 mg/kg Inhalation LC 50 Up to and including 0.2 mg/liter >0.2 thru 2 mg/liter >2 thru 20 mg/liter >20 mg/liter Eye irritation Corrosive; corneal opacity not reversible within 7 days Corneal opacity reversible within 7 days; irritation persisting for 7 days No corneal opacity; irritation reversible within 7 days No irritation Skin irritation Corrosive Severe irritation at 72 hours Moderate irritation at 72 hours Mild or slight irritation at 72 hours § 156.64 Signal word. (a) Requirement. (1) Toxicity Category I. (2) Toxicity Category II. (3) Toxicity Category III. (4) Toxicity Category IV. (b) Use of signal words. (1) Bear a signal word reflecting a higher Toxicity Category than indicated by the route of exposure of highest toxicity, unless the Agency determines that such labeling is necessary to prevent unreasonable adverse effects on man or the environment; (2) Bear a signal word reflecting a lesser Toxicity Category associated with a diluted product. Although precautionary statements for use dilutions may be included on label, the signal word must reflect the toxicity of the product as distributed or sold; or (3) Bear different signal words on different parts of the label. § 156.66 Child hazard warning. (a) Each pesticide product must bear on the front panel of the label the statement “Keep Out of Reach of Children.” That statement, or any alternative statement approved by EPA, must appear on a separate line in close proximity to the signal word, if required. The statement is required on Toxicity Category IV products that do not otherwise require a signal word. (b) In its discretion, EPA may waive the requirement, or require or permit an alternative child hazard warning, if: (1) The applicant can demonstrate that the likelihood of exposure of children to the pesticide during distribution, marketing, storage or use is remote (for example, an industrial use product); or (2) The pesticide is approved for use on children (for example, an insect repellent). (c) EPA may approve an alternative child hazard warning that more appropriately reflects the nature of the pesticide product to which children may be exposed (for example, an impregnated pet collar). In this case, EPA may also approve placement on other than the front panel. § 156.68 First aid statement. (a) Product as sold and distributed. (b) Product as diluted for use. (c) Heading. (d) Location of first aid statement. § 156.70 Precautionary statements for human hazards. (a) Requirement. (b) Content of statements. (c) Typical precautionary statements. Typical Human Hazard and Precautionary Statements Toxicity Category Systemic effects (oral, dermal, inhalation toxicity) Irritation effects (skin and eye) Sensitizer (There are no categories of sensitization.) I Fatal (poisonous) if swallowed [inhaled or absorbed through skin]. Do not breathe vapor [dust or spray mist]. Do not get in eyes, on skin, or on clothing. [Front panel first aid statement required.] Corrosive, causes eye and skin damage [or skin irritation]. Do not get in eyes on skin, or on clothing. Wear goggles or face shield and rubber gloves when handling. Harmful or fatal if swallowed. [Front panel first aid statement required.] If product is a sensitizer: Prolonged or frequently repeated skin contact may cause allergic reactions in some individuals. II May be fatal if swallowed, [inhaled or absorbed through the skin]. Do not breathe vapors [dust or spray mist]. Do not get in eyes, on skin, or on clothing. [Appropriate first aid statement required.] Causes eye [and skin] irritation. Do not get in eyes, on skin, or on clothing. Harmful if swallowed. [Appropriate first aid statement required.] III Harmful if swallowed [inhaled or absorbed through the skin]. Avoid breathing vapors [dust or spray mist]. Avoid contact with skin [eyes or clothing]. [Appropriate first aid statement required.] Avoid contact with skin, eyes or clothing. IV No precautionary statements required. No precautionary statements required. § 156.78 Precautionary statements for physical or chemical hazards. (a) Requirement. (b) Pressurized products. Flammability Statements for Pressurized Products Flash point/flame extension of product Required labeling statement —Flash point at or below 20 °F Extremely flammable. OR —Flashback at any valve opening —Flash point >20 °F to 80 °F Flammable. OR —Flame extension more than 18 in. long at a distance of 6 in from the flame All other pressurized products Contents under pressure. (c) Non-pressurized products. Flammability Statements for Non-Pressurized Products Flash point Required labeling statement At or below 20 °F Extremely flammable. Greater than 20 °F to 80 °F Flammable. Greater than 80 °F to 150 °F Combustible. (d) Total release fogger products. total release fogger (2) If a pesticide product is a total release fogger containing a propellant with a flash point at or below 20 °F, then the following special instructions must be added to the “Physical and Chemical Hazards” warning statement, in addition to any flammability statement required by paragraph (b) of this section: This product contains a highly flammable ingredient. It may cause a fire or explosion if not used properly. Follow the Directions for Use on this label very carefully. (3) A graphic symbol depicting fire, such as illustrated in this paragraph, or an equivalent symbol, must be displayed along with the required language adjoining the “Physical and Chemical Hazards” warning statement. The graphic symbol must be no smaller than twice the size of the first character of the human hazard signal word. Highly Flammable Ingredient Ingrediente Altamente Inflamable Subpart E—Environmental Hazard and Precautionary Statements Source: 66 FR 64767, Dec. 14, 2001, unless otherwise noted. § 156.80 General. (a) Requirement. (b) Location of statements. (c) Type size. § 156.85 Non-target organisms. (a) Requirement. (b) Examples. (1) If a pesticide intended for outdoor use contains an active ingredient with a mammalian acute oral LD 50 (2) If a pesticide intended for outdoor use contains an active ingredient with a fish acute LC 50 (3) If a pesticide intended for outdoor use contains an active ingredient with an avian acute oral LD 50 50 (4) If either accident history or field studies demonstrate that the use of the pesticide may result in fatality to birds, fish or mammals, the statement, “This pesticide is extremely toxic to wildlife (fish)” is required. (5) If a product is intended for or involves foliar application to agricultural crops, forests or shade trees, or mosquito abatement treatments, and contains a pesticide toxic to pollinating insects, the label must bear appropriate label cautions. (6) If a product is intended for outdoor use other than aquatic applications, the label must bear the caution, “Keep out of lakes, ponds or streams. Do not contaminate water by cleaning of equipment or disposal of wastes.” Subparts F-G [Reserved] Subpart H—Container Labeling Source: 71 FR 47420, Aug. 16, 2006, unless otherwise noted. § 156.140 Identification of container types. For products other than plant-incorporated protectants, the following statements, as applicable, must be placed on the label or container. The information may be located on any part of the container except the closure. If the statements are placed on the container, they must be durably marked on the container. Durable marking includes, but is not limited to etching, embossing, ink jetting, stamping, heat stamping, mechanically attaching a plate, molding, or marking with durable ink. (a) Nonrefillable container. (1) Statement identifying a nonrefillable container. (2) Reuse statement. (i) “Do not reuse or refill this container.” (ii) “Do not reuse this container to hold materials other than pesticides or dilute pesticides (rinsate). After emptying and cleaning, it may be allowable to temporarily hold rinsate or other pesticide-related materials in the container. Contact your state regulatory agency to determine allowable practices in your state.” (iii) The following statement may be used if a product is “ready-to-use” and its directions for use allow a different product (that is a similar, but concentrated formulation) to be poured into the container and diluted by the end user: “Do not reuse or refill this container unless the directions for use allow a different (concentrated) product to be diluted in the container.” (3) Recycling or reconditioning statement. (i) “Offer for recycling if available.” (ii) “Once cleaned, some agricultural plastic pesticide containers can be taken to a container collection site or picked up for recycling. To find the nearest site, contact your chemical dealer or manufacturer or contact [a pesticide container recycling organization] at [phone number] or [web site]. For example, this statement could be “Once cleaned, some agricultural plastic pesticide containers can be taken to a container collection site or picked up for recycling. To find the nearest site, contact your chemical dealer or manufacturer or contact the Ag Container Recycling Council (ACRC) at 1-877-952-2272 (toll-free) or www.acrecycle.org. (iii) A recycling statement approved by EPA and published in an EPA document, such as a Pesticide Registration Notice. (iv) An alternative recycling statement that has been reviewed and approved by EPA. (v) “Offer for reconditioning if appropriate.” (4) Batch code. (5) Exemptions. (i) Aerosol cans. (ii) Devices as defined in § 152.500 of this chapter. (iii) One-time use caulking tubes and other one-time use squeezable tube containers for paste, gel, or other similar substances. (iv) Foil packets for water soluble packaging, repellent wipes, and other one-time use products. (v) One-time use portion control packets, such as polyethylene sleeve packages, or rodenticide placepacks. (vi) One-time use bait stations. (vii) One-time use cages for repellent or trapping strips. (viii) Pet collars or animal ear tags, such as cattle ear tags. (ix) One-time use semiochemical dispersion devices. (x) Any container that is destroyed by the use of the product contained. (xi) Any container that would be destroyed if reuse of the container were attempted. (b) Refillable container. (1) “Refillable Container. Refill this container with pesticide only. Do not reuse this container for any other purpose.” (2) “Refillable Container. Refill this container with [ common chemical name (c) Modification. (d) Exemption for articles. (e) Exemption for transport vehicles. [71 FR 47420, Aug. 16, 2006, as amended at 73 FR 64224, Oct. 29, 2008] § 156.144 Residue removal instructions—general. (a) General. (b) Placement of residue removal statements. (c) Exemption for residential/household use products. (d) Modification. (e) Exemption for gases. (f) Exemption for articles. (g) Exemption for transport vehicles. [71 FR 47420, Aug. 16, 2006, as amended at 73 FR 64224, Oct. 29, 2008] § 156.146 Residue removal instructions for nonrefillable containers—rigid containers with dilutable pesticides. The label of each dilutable (liquid or solid) pesticide product packaged in a rigid nonrefillable container must include the following residue removal instructions as appropriate. (a) Timing of the residue removal procedure. (1) “Clean container promptly after emptying.” (2) “Triple rinse or pressure rinse container (or equivalent) promptly after emptying.” (3) “Triple rinse container (or equivalent) promptly after emptying.” (b) Triple rinse instructions. (1) For liquid dilutable pesticide products in containers small enough to shake, use the following instructions: “Triple rinse as follows: Empty the remaining contents into application equipment or a mix tank and drain for 10 seconds after the flow begins to drip. Fill the container 1/4 full with water and recap. Shake for 10 seconds. Pour rinsate into application equipment or a mix tank or store rinsate for later use or disposal. Drain for 10 seconds after the flow begins to drip. Repeat this procedure two more times.” (2) For solid dilutable pesticide products in containers small enough to shake, use the following instructions: “Triple rinse as follows: Empty the remaining contents into application equipment or a mix tank. Fill the container 1/4 full with water and recap. Shake for 10 seconds. Pour rinsate into application equipment or a mix tank or store rinsate for later use or disposal. Drain for 10 seconds after the flow begins to drip. Repeat this procedure two more times.” (3) For containers that are too large to shake, use the following instructions: “Triple rinse as follows: Empty remaining contents into application equipment or a mix tank. Fill the container 1/4 full with water. Replace and tighten closures. Tip container on its side and roll it back and forth, ensuring at least one complete revolution, for 30 seconds. Stand the container on its end and tip it back and forth several times. Turn the container over onto its other end and tip it back and forth several times. Empty the rinsate into application equipment or a mix tank or store rinsate for later use or disposal. Repeat this procedure two more times.” (c) Pressure rinse instructions. (1) For liquid dilutable pesticide products, use the following label instruction: “Pressure rinse as follows: Empty the remaining contents into application equipment or a mix tank and continue to drain for 10 seconds after the flow begins to drip. Hold container upside down over application equipment or mix tank or collect rinsate for later use or disposal. Insert pressure rinsing nozzle in the side of the container, and rinse at about 40 PSI for at least 30 seconds. Drain for 10 seconds after the flow begins to drip.” (2) For solid dilutable pesticide products, use the following label instruction: “Pressure rinse as follows: Empty the remaining contents into application equipment or a mix tank. Hold container upside down over application equipment or mix tank or collect rinsate for later use or disposal. Insert pressure rinsing nozzle in the side of the container, and rinse at about 40 PSI for at least 30 seconds. Drain for 10 seconds after the flow begins to drip.” (d) Non-water diluent. (2) The registrant must indicate why a non-water diluent is necessary for efficient residue removal, and must propose residue removal instructions and disposal instructions that are appropriate for the characteristics and formulation of the pesticide product and non-water diluent. The proposed residue removal instructions must identify the diluent. If the Directions for Use permit the application of a mixture of the pesticide and the non-water diluent, the instructions may allow the rinsate to be added to the application equipment or mix tank. If the Directions for Use do not identify the non-water diluent as an allowable addition to the pesticide, the instructions must require collection and storage of the rinsate in a rinsate collection system. (3) EPA may approve the request if EPA finds that the proposed instructions are necessary and appropriate. § 156.156 Residue removal instructions for refillable containers. The label of each pesticide product packaged in a refillable container must include the residue removal instructions in this section. Instructions must be given for all pesticide products that are distributed or sold in refillable containers, including those that do not require dilution prior to application. (a) Timing of the residue removal procedure. (1) “Cleaning the container before final disposal is the responsibility of the person disposing of the container. Cleaning before refilling is the responsibility of the refiller.” (2) “Pressure rinsing the container before final disposal is the responsibility of the person disposing of the container. Cleaning before refilling is the responsibility of the refiller.” (b) Residue removal instructions prior to container disposal. (2) Subject to meeting the standard in paragraph (b)(1) of this section, the statement on residue removal instructions could include any one of the following: (i) The refilling residue removal procedure developed by the registrant for the pesticide product. (ii) Standard industry practices for cleaning refillable containers. (iii) For pesticides that require dilution prior to application, the following statement: “To clean the container before final disposal, empty the remaining contents from this container into application equipment or a mix tank. Fill the container about 10 percent full with water. Agitate vigorously or recirculate water with the pump for 2 minutes. Pour or pump rinsate into application equipment or rinsate collection system. Repeat this rinsing procedure two more times.” (iv) Any other statement the registrant considers appropriate. § 156.159 Compliance date. Any pesticide product released for shipment by a registrant after August 16, 2011 must bear a label that complies with §§ 156.10(d)(7), 156.10(f), 156.10(i)(2)(ix), 156.140, 156.144, 156.146 and 156.156. [75 FR 62326, Oct. 8, 2010] Subparts I-J [Reserved] Subpart K—Worker Protection Statements Source: 57 FR 38146, Aug. 21, 1992, unless otherwise noted. § 156.200 Scope and applicability. (a) Scope. (2) This subpart prescribes interim requirements that must be placed on the pesticide label and in pesticide labeling. These interim requirements pertain to restricted-entry intervals, personal protective equipment, and notification. On a case-by-case basis, these interim requirements will be reviewed and may be revised during reregistration or other agency review processes. (b) Applicability. (2) The requirements of this subpart do not apply to a product that bears directions solely for uses excepted by § 170.202(b) of this chapter. (c) Effective dates. [57 FR 38146, Aug. 21, 1992, as amended at 73 FR 75596, Dec. 12, 2008] § 156.203 Definitions. Terms in this subpart have the same meanings as they do in the Federal Insecticide, Fungicide, and Rodenticide Act, as amended. In addition, the following terms, as used in this subpart, shall have the meanings stated below: Fumigant Restricted-entry interval or REI [57 FR 38146, Aug. 21, 1992, as amended at 73 FR 75596, Dec. 12, 2008] § 156.204 Modification and waiver of requirements. (a) Modification on Special Review. (b) Other modifications. [57 FR 38146, Aug. 21, 1992, as amended at 73 FR 75596, Dec. 12, 2008] § 156.206 General statements. (a) Application restrictions. (b) 40 CFR part 170 reference statement. (2) Each product shall bear the statement: “This standard contains requirements for the protection of agricultural workers on farms, forests, nurseries, and greenhouses, and handlers of agricultural pesticides. It contains requirements for training, decontamination, notification, and emergency assistance. It also contains specific instructions and exceptions pertaining to the statements on this label [in this labeling] about [use any of the following that are applicable] personal protective equipment, restricted-entry interval, and notification to workers.” These statements shall be placed immediately following the reference statement required by paragraph (b)(1) of this section, or they shall be placed in the supplemental product labeling under the heading AGRICULTURAL USE REQUIREMENTS. (3) If the statements in paragraph (b)(2) of this section are included in supplemental labeling rather than on the label of the pesticide container, the container label must contain this statement immediately following the statement required in paragraph (b)(1) of this section: “Refer to supplemental labeling entitled AGRICULTURAL USE REQUIREMENTS in the DIRECTIONS FOR USE section of the labeling for information about this standard.” (4) If the statements in paragraph (b)(2) of this section are included in supplemental labeling, they must be preceded immediately by the statement in paragraph (b)(1) of this section under the heading AGRICULTURAL USE REQUIREMENTS in the labeling. (c) Product-type identification. i.e. N i.e. N (2) If the product is a fumigant, the label shall so state. The identification shall appear: (i) As part of the product name; or (ii) Close to the product name, as part of the product-type identification or as a separate phrase or sentence. (d) State restrictions. (e) Spanish warning statements. [57 FR 38146, Aug. 21, 1992, as amended at 58 FR 34203, June 23, 1993; 73 FR 75596, Dec. 12, 2008] § 156.208 Restricted-entry statements. (a) Requirement. (b) Location of specific restricted-entry interval statements. 3 (2) If different restricted-entry intervals have been established for some crops or some uses of a product, the restricted-entry statement in paragraph (b)(1) of this section shall be associated on the labeling of the product with the directions for use for each crop each use to which it applies, immediately preceded or immediately followed by the words “Restricted-entry interval” (or the letters “REI”). (c) Restricted-entry interval based on toxicity of active ingredient Determination of toxicity category. (2) Restricted-entry interval for sole active ingredient products. (ii) If the product contains only one active ingredient and it is in toxicity category II by the criteria in paragraph (c)(1) of this section, the restricted-entry interval shall be 24 hours. (iii) If the product contains only active ingredients that are in toxicity category III or IV by the criteria in paragraph (c)(1) of this section, the restricted-entry interval shall be 12 hours. (3) Restricted-entry interval for multiple active ingredient products. (d) Exception for fumigants. (e) Existing product-specific restricted-entry intervals. (2) Product-specific restricted-entry intervals established for pesticide products or pesticide uses that are not covered by part 170 of this chapter shall remain in effect and shall not be placed under the heading AGRICULTURAL USE REQUIREMENTS in the labeling. (f) Existing interim restricted-entry intervals. (2) Existing interim restricted-entry intervals established by the Agency for pesticide products or pesticide uses not covered by part 170 of this chapter shall remain in effect and shall not be placed under the heading AGRICULTURAL USE REQUIREMENTS in the labeling. [57 FR 38146, Aug. 21, 1992, as amended at 58 FR 34203, June 23, 1993; 72 FR 61028, Oct. 26, 2007; 73 FR 75596, Dec. 12, 2008] § 156.210 Notification-to-workers statements. (a) Requirement. (b) Notification to workers of pesticide application. (2) Each product that is a fumigant and is registered for use in a greenhouse (or whose labeling allows use in a greenhouse) shall bear the statement: “For greenhouse applications, notify workers of the application by warning them orally and by posting warning signs outside all entrances to the greenhouse.” [57 FR 38146, Aug. 21, 1992, as amended at 58 FR 34203, June 23, 1993; 73 FR 75596, Dec. 12, 2008] § 156.212 Personal protective equipment statements. (a) Requirement. (b) Exceptions. (2) Any existing labeling statement that prohibits the use of gloves or boots overrides the corresponding requirement in paragraph (e) of this section and must be retained on the labeling. (3) If the product labeling contains uses that are not covered by part 170 of this chapter, the registrant may adopt the personal protective equipment required in this section for those uses. However, if the personal protective equipment required in this section would not be sufficiently protective or would be onerously overprotective for uses not covered by part 170 of this chapter, the registrant must continue to apply the existing personal protective equipment requirements to those uses. The labeling must indicate which personal protective equipment requirements apply to uses covered by part 170 of this chapter and which personal protective equipment requirements apply to other uses. (c) Location of personal protective equipment statements Personal protective equipment statements for pesticide handlers. (2) Personal protective equipment statements for early-entry workers. Personal protective equipment statements for early-entry workers shall be placed in the DIRECTIONS FOR USE section of the labeling under the heading AGRICULTURAL USE REQUIREMENTS and immediately after the restricted-entry statement required in § 156.208(a). (d) Personal protective equipment statements for pesticide handlers. (2) The requirement for personal protective equipment is based on the acute toxicity category of the end-use product for each route of exposure as defined by § 156.62. If data to determine the acute dermal toxicity or the acute inhalation toxicity are not obtainable, the acute oral toxicity shall be used as a surrogate to determine the personal protective equipment requirements for that route of exposure. If data to determine the acute toxicity of the product by a specific route of exposure (including acute oral toxicity in lieu of acute dermal or acute inhalation toxicity) are not obtainable, the toxicity category corresponding to the signal word of the end-use product shall be used to determine personal protective equipment requirements for that route of exposure. If the signal word is “CAUTION,” toxicity category III will be used. (3) The minimum personal protective equipment and work clothing requirements specified in this section shall be included in a statement such as the following: “Applicators and other handlers must wear: (body protection statement); (glove statement, if applicable); (footwear statement, if applicable); (protective eyewear statement, if applicable); (respirator statement, if applicable).” The format of statements given in this paragraph is optional, but it is recommended for clarity. (e) Summary of personal protective equipment requirements. Table 1—Minimum Personal Protective Equipment (PPE) and Work Clothing for Handling Activities Route of Exposure Toxicity Category of End-Use Product I II III IV Dermal Toxicity or Skin Irritation Potential 1 Coveralls worn over long-sleeved shirt and long pants Coveralls worn over short-sleeved shirt and short pants Long-sleeved shirt and long pants Long-sleeved shirt and long pants Socks Socks Socks Socks Chemical-resistant footwear Chemical-resistant footwear Shoes Shoes Chemical-resistant gloves 2 Chemical-resistant gloves 2 Chemical-resistant gloves 2 No minimum 4 Inhalation Toxicity Respiratory protection device 3 Respiratory protection device 3 No minimum 4 No minimum 4 Eye Irritation Potential Protective eyewear Protective eyewear No minimum 4 No minimum 4 1 2 3 4 (f) Chemical-resistant gloves labeling statements for pesticide handlers. (1) Exception. (2) Solid formulations. (3) Aqueous-based formulations. (4) Other liquid formulations. (5) Gaseous formulations and applications. (g) Existing respirator requirement for pesticide handlers on product labeling General requirement. (i) Dust/mist filtering respirator with MSHA/NIOSH/ approval number prefix TC-21C; or (ii) Respirator with an organic-vapor-removing cartridge and a prefilter approved for pesticides with MSHA/NIOSH approval number prefix TC-23C or with a canister approved for pesticides with MSHA/NIOSH approval number prefix TC-14G; or (iii) Supplied-air respirator with MSHA/NIOSH approval number prefix TC-19C or self-contained breathing apparatus (SCBA) with MSHA/NIOSH approval number TC-13F. (2) Respirator type already specified on labeling. (3) Respirator type not already specified on labeling. (i) Exception. (ii) Gases applied outdoors. (iii) Gases used in enclosed areas. (iv) Solids. (v) Liquids in toxicity category I. (vi) Liquids in toxicity category II. (h) New respirator requirement established for pesticide handlers in this part General requirement. (2) Exception. (i) Additional personal protective equipment requirements for pesticide handlers. (1) If the product is not ready-to-use and there is no existing requirement for a chemical-resistant suit, the following statement shall be included: “Mixers/Loaders: add a chemical-resistant apron.” (2) If the application of the product may result in overhead exposure to any handler (for example, applicator exposure during airblast spraying of orchards or flagger exposure during aerial application), the following statement shall be included: “Overhead Exposure: wear chemical-resistant headgear.” (3) If any type of equipment other than the product container may be used to mix, load, or apply the product, and there is no requirement for a chemical-resistant protective suit, the following statement shall be included: “For Cleaning Equipment: add a chemical-resistant apron.” (j) Personal protective equipment for early-entry workers. (1) For all pesticide products, add the statement: “For early entry to treated areas that is permitted under the Worker Protection Standard and that involves contact with anything that has been treated, such as plants, soil, or water, wear: (list the body protection, glove, footwear, protective eyewear, and protective headgear, if applicable, statements specified for applicators and other handlers, but omit any respiratory protection statement).” (2) If the body protection statement in the personal protective equipment requirement for handlers specifies a long-sleeved shirt and long pants, “coveralls” must be specified in the statement of personal protective equipment for early-entry workers. (3) If there is no statement requiring gloves and no prohibition against gloves for applicators and other handlers under the heading HAZARDS TO HUMANS (AND DOMESTIC ANIMALS) in the labeling, add a requirement for “waterproof gloves” in the statement of personal protective equipment for early-entry workers. [57 FR 38146, Aug. 21, 1992, as amended at 58 FR 34203, June 23, 1993; 73 FR 75596, Dec. 12, 2008]