Labeling Requirements For Exported Pesticides Revised

EPA has published a final rule revising the regulations on the labeling of pesticide products and devices intended solely for export. The final rule restructures the current regulations to clarify which provisions apply under various circumstances. EPA is also increasing specificity in the regulations by requiring that people who transfer unregistered pesticide products between registered establishments operated by the same producer within the United States must also comply with the requirements of the rule if those products are intended solely for export at the time of such transfer. EPA believes that this requirement is necessary to ensure appropriate handling of such products as they move in commerce before they actually leave the United States.

This final rule is effective March 19, 2013. The compliance date for the requirement to label unregistered pesticide products intended solely for export that are being shipped between registered establishments operated by the same producer is January 21, 2014.


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EPA Considers Chemical Identifiers For Minimum Risk Pesticides

EPA is proposing to more clearly describe the active and inert ingredients permitted in products eligible for the exemption from regulation for minimum risk pesticides. EPA is proposing to reorganize these lists by adding specific chemical identifiers. The identifiers would make it clearer which ingredients are permitted in minimum risk pesticide products. EPA is also proposing to modify the label requirements in the exemption to require the use of specific common chemical names in lists of ingredients on minimum risk pesticide product labels, and to require producer contact information on the label. Comments on the proposed rules must be received on or before April 1, 2013.

The primary goal of this proposal is to clarify the conditions of exemption for minimum risk pesticides by making clearer the specific ingredients that are permitted in minimum risk pesticide products. According to EPA, the existing regulatory structure leads to confusion as to which ingredients are exempt and how they should be labeled on products.


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EPA Guidance On Aligning Pesticide Labels With GHS Requirements

The US EPA Office of Pesticide Programs (OPP) has released a Pesticide Registration Notice (PR Notice) in the April 20 Federal Register entitled “Pesticide Registration Notice 2012-1: Material Safety Data Sheets as Pesticide Labeling.” OPP puts out PR Notices to inform pesticide registrants and others about important policies, procedures, and registration-related decisions, as well as guidance to registrants and OPP personnel.

The Notice provides guidance to pesticide registrants concerning the relationship between EPA-approved labels for pesticides registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and the Material Safety Data Sheet (MSDS, also known as the Safety Data Sheet or SDS), required by OSHA. It explains how registrants can ensure their FIFRA labeling and SDSs comply with both EPA and OSHA requirements. The New PR Notice is intended to update previous PR Notice 92-4, in which EPA determined that a MSDS that accompanies a pesticide product is considered part of the pesticide’s labeling, but may accompany a pesticide product without notification or approval from the Agency, provided the labeling is consistent with the requirements of 40 CFR Part 156.

OSHA requires SDSs under its Hazard Communication Standard (HCS) at 29 CFR 1910.1200, and is moving to align HCS requirements with the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). OSHA published its final rule for HCS on March 26, 2012, and will begin to accept SDSs that are prepared according to the final rule’s requirements on May 25, 2012.

EPA has not yet moved to amend its labeling regulations to be consistent with the GHS, which leads to differences between EPA’s current requirements and OSHA’s new requirements related to classification criteria, hazard statements, pictograms, and signal words. EPA and OSHA worked together to develop PR Notice 2012-1 to address concerns about those differences. EPA says the PR-Notice is intended to aid registrants in assuring that SDSs for their products are not considered inconsistent with the EPA-approved product labeling for pesticides registered under FIFRA by providing guidance on how a registrant may reconcile an SDS with its associated FIFRA labeling.

EPA is also asking for public comment on the information collection activities and related burden estimates associated with the guidance provided in PR Notice 2012-1. Comments must be received on or before June 19, 2012.


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Cancellation Of Rodenticides By OPP

The U.S. Environmental Protection Agency (EPA) Office of Pesticide Programs (OPP) is continuing the process to cancel 20 mouse and rat control products. The agency has determined that safer rodent control products are now widely available, effective, and affordable. The products EPA plans to remove from the consumer market are those that contain the most toxic and persistent active ingredients, products sold as loose bait and pellets and any remaining products without protective bait stations.

This action would further implement a 2008 decision in which EPA identified risk reduction measures to protect children, pets and wildlife from harmful chemicals in rodent control products. EPA asked manufacturers of consumer-use rodenticide products to adopt these new, more protective measures by June 2011. Many companies now sell new products that meet the updated safety requirements.

As part of the administrative cancellation process in section 6(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA will convene its FIFRA Scientific Advisory Panel (SAP) to provide independent input on the scientific basis for the proposed cancellation of the 20 products. EPA will also seek comment from the Departments of Agriculture and Health and Human Services prior to issuing a Notice of Intent to Cancel to the manufacturers of the non-conforming rodenticide products.

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Plan To Certify Pesticide Applicators in Indian Country

EPA has proposed a program to certify applicators of restricted use pesticides (RUPs) in Indian Country located within EPA Region 8 (covering Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming). RUPs are potentially hazardous chemicals that require special training and techniques to be used safely. Federal law requires that EPA approve the certification of all RUP applicators, including those who work in Indian Country. Although most states are delegated to implement their own certification programs, currently most of Indian Country is not covered by a certification mechanism. To fill this gap, EPA has issued a "Proposed Federal Plan for Certification of Applicators of Restricted Use Pesticides within Region 8 Indian Country".

Under the proposed plan, RUP applicators will need to apply for a federal certificate on the date that the plan becomes final. The Plan will allow private applicators to become certified by applying directly to EPA by showing proof of training and completing a questionnaire, or by providing a copy of a valid state, tribal or federal certification from an area that is contiguous with the reservation boundary. Commercial applicators can provide a copy of a valid state, tribal, or federal certification from an area that is contiguous with the reservation boundary.

EPA is accepting comments on the proposed restricted use pesticide certification program through June 6, 2011.

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