UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C. 20460

OFFICE OF	

PREVENTION, PESTICIDES,

AND TOXIC SUBSTANCES

  SEQ CHAPTER \h \r 1 MEMORANDUM

Date:  		June 5, 2009

Subject: 	 Label Language for Tau-fluvalinate (PC Code 109302) Outdoor
Non-Agricultural Products

From:  	Molly Clayton, Chemical Review Manager

		Risk Management Brach 3

		Special Review and Reregistration Division (7908P)

		

Through:	Michael Goodis, Branch Chief

		Risk Management Brach 3

		Special Review and Reregistration Division (7908P)

To:		Richard Gebken, Product Manager Team 10

		Insecticide Branch 

		Registration Division

As you know, recent pyrethroid data submitted to the Agency, as well as
water quality monitoring efforts in California, have highlighted
existing concerns regarding exposure of aquatic organisms and habitats
to pyrethroid chemicals.  To address these concerns, EPA has worked with
various stakeholders to develop label statements specific to pyrethroid
non-agricultural use patterns which will serve to reduce potential
runoff and drift that can result from non-agricultural applications of
pyrethroid end-use products.  

Label statements appearing in the “Directions for Use” section of
the revised tau-fluvalinate label table, attached, include formulation-
and use-specific statements, which are largely based on non-agricultural
best management and good stewardship practices.  The Agency is also
implementing the PR Notice 2008-1 “Environmental Hazard General
Labeling Statements on Outdoor Residential Use Products” on all
pyrethroid non-agricultural outdoor products.  These environmental
hazard statements are also formulation-specific and contain clear,
concise, easy-to-read information which will also serve to reduce
potential off-site runoff and drift.  

These specific “Directions for Use” and “Environmental Hazard
Statements” are for all pyrethroid active ingredients, including those
that were subject to reregistration such as tau-fluvalinate, and for all
pyrethroid end-use products registered for use in residential,
commercial, institutional, and industrial areas, applied by both
professional pest control operators and residential consumers.  

Since tau-fluvalinate registrants previously submitted labels reflecting
the Reregistration Eligibility Decision (RED) as part of the product
reregistration process and 8-month Product Data Call-In response, they
should not be required to submit revised labels.  Instead, the
Registration Division should identify the necessary changes during the
internal label review process, and a complete list of necessary label
revisions should be communicated to tau-fluvalinate registrants prior to
completion of product reregistration.  

The revised label table attached reflects the new label language that is
required for tau-fluvalinate non-agricultural products. These label
statements should also be included on all future tau-fluvalinate
products with outdoor non-agricultural uses registered by the Agency.

If you have any questions, please contact me by email at   HYPERLINK
"mailto:clayton.molly@epa.gov"  clayton.molly@epa.gov  or by phone at
(703) 603-0522.

Tau-fluvalinate Labeling Changes Summary Table- Revised May 14, 2009

Description	Amended Labeling Language 	Placement on Label

Manufacturing Use Products

For all Manufacturing Use Products	“Only for formulation into an
insecticide for the following uses: perimeter treatments to include
outdoor surfaces, containerized nursery stock, woody and herbaceous
ornamentals, ant mound treatments, greenhouse application, indoor
ornamentals, flower and foliage cuttings, and the Special Local Needs
(SLN) registration for use on carrots and brassica/cole crops grown for
seed in California;”	Directions for Use

One of these statements may be added to a label to allow reformulation
of the product for a specific use or all additional uses supported by a
formulator or user group	“This product may be used to formulate
products for specific use(s) not listed on the MP label if the
formulator, user group, or grower has complied with U.S.  EPA submission
requirements regarding support of such use(s).”

“This product may be used to formulate products for any additional
use(s) not listed on the MP label if the formulator, user group, or
grower has complied with U.S.  EPA submission requirements regarding
support of such use(s).”	Directions for Use

Environmental Hazards Statements Required by the RED and Agency Label
Policies	“This pesticide is toxic to fish and aquatic organisms.  Do
not discharge effluent containing this product into lakes, streams,
ponds, estuaries, oceans, or public waters unless in accordance with the
requirements of  a National Pollutant Discharge Eliminations System
(NPDES) permit and the permitting authority has been notified in writing
prior to discharge.  Do not discharge effluent containing this product
to sewer systems without previously notifying the local sewage treatment
plant authority.  For guidance, contact your State Water Board or
Regional Office of the Environmental Protection Agency.” 
Precautionary Statements – Environmental Hazards

End-Use Products Intended for Occupational Use (WPS and non-WPS)

Other Precautionary Statements	“If workers enter the treated area
and/or contact treated surfaces:

pesticide residues that get on their skin may cause itching or
irritation that can      

        be severe, and

they should avoid skin contact with treated foliage and/or surfaces, and

     -      they should wash the affected skin immediately if irritation
begins to occur.”	Precautionary Statements following First Aid
Statements

PPE Requirements Established by the RED for liquid (FlC) formulations
“Personal Protective Equipment (PPE)”

“Some materials that are chemical-resistant to this product are”
[registrant inserts correct material(s)]. For more information, follow
instructions in Supplement Three of PR Notice 93-7.  “If you want more
options, follow the instructions for category” [registrant inserts A,
B, C, D, E, F, G or H] “on an EPA chemical-resistance category
selection chart.”

“All mixers, loaders, applicators, and other handlers must wear: 

-long-sleeve shirt,

-long pants,

-shoes and socks, 

-chemical-resistant gloves, and

- A NIOSH-approved respirator with:

-- a dust/mist filter with MSHA/NIOSH approval number prefix TC-21C or 

-- any N** R, P, or HE filter.(

* Instruction to Registrant: Drop the (N( type prefilter from the
respirator statement, if the pesticide product contains, or is used
with, oil.

See engineering controls for additional requirements.	Precautionary
Statements: Hazards to Humans and Domestic Animals

PPE Requirements Established by the RED for impregnated strip (IMPR)
formulation.	“Personal Protective Equipment (PPE)”

“Some materials that are chemical-resistant to this product are”
[registrant inserts correct material(s)]. For more information, follow
instructions in Supplement Three of PR Notice 93-7.  “If you want more
options, follow the instructions for category” [registrant inserts A,
B, C, D, E, F, G or H] “on an EPA chemical-resistance category
selection chart.”

“All handlers must wear chemical-resistant gloves.”	Precautionary
Statements: Hazards to Humans and Domestic Animals

User Safety Requirements for all formulations	“Follow manufacturer’s
instructions for cleaning/ maintaining PPE.  If no such instructions for
washables exist, use detergent and hot water.  Keep and wash PPE
separately from other laundry.”

	Precautionary Statements: Hazards to Humans and Domestic Animals
immediately following the PPE requirements

User Safety Requirements for liquid formulations only	“Discard
clothing or other absorbent materials that have been drenched or heavily
contaminated with this product’s concentrate.  Do not reuse them.”
Precautionary Statements: Hazards to Humans and Domestic Animals
immediately following the PPE requirements

Engineering Controls for Aerial Applications for Section 24(c) labels
only	Enclosed Cockpits

“Engineering Controls:

Pilots must use an enclosed cockpit that meets the requirements listed
in the WPS for agricultural pesticides [40 CFR 170.240(d)(6) and must
wear long-sleeve shirt, long pants, shoes, and socks. 
Chemical-resistant gloves and respirator need not be worn.”  
Immediately following/below Precautionary Statements: Hazards to Humans
and Domestic Animals  

Engineering Controls: Optional Use by Handlers for Section 24(c) labels
only	Engineering Control Statement for Optional Use (WPS Only)

“Engineering Controls: When applicators use an enclosed cab in a
manner that meets the requirements listed in the Worker Protection
Standard (WPS) for agricultural pesticides [40 CFR170.240(d)(5)], the
handler PPE requirements may be reduced or modified as specified in the
WPS.”	 Immediately following/below Precautionary Statements: Hazards
to Humans and Domestic Animals  

User Safety Recommendations for all products	“USER SAFETY
RECOMMENDATIONS”

“Users should wash hands before eating, drinking, chewing gum, using
tobacco, or using the toilet.”	Precautionary Statements under: Hazards
to Humans and Domestic Animals immediately following Engineering
Controls

(Must be placed in a box.)

Additional User Safety Recommendations for liquid formulations only
“Users should remove clothing/ PPE immediately if pesticide gets
inside.  Then wash thoroughly and put on clean clothing.”

“Users should remove PPE immediately after handling this product. 
Wash the outside of gloves before removing.  As soon as possible, wash
thoroughly and change into clean clothing.”	Precautionary Statements
under: Hazards to Humans and Domestic Animals immediately following
Engineering Controls 

(Must be placed in a box.)



Restricted-entry Interval for WPS for liquid formulations only  	“Do
not enter or allow worker entry into treated areas during the restricted
entry interval (REI) of 12 hours.”	Directions for Use, Agricultural
Use Requirements Box

Early Reentry Personal Protective Equipment for liquid formulations only
 	“PPE required 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 soil, plants, or water, is:

-coveralls,

-chemical-resistant gloves made of any waterproof material,

-shoes plus socks.”	Directions for Use, Agricultural Use Requirements
Box

General Application Restrictions for liquid formulations only	“Do not
apply this product in a way that will contact workers or other persons,
either directly or through drift.  Only protected handlers may be in the
area during application.”	Place in the Directions for Use directly
above the Agricultural Box, if there is one, otherwise place in the
Directions for Use under General Precautions and Restrictions.

General Application Restrictions for All Products That Do Not Contain
Directions for Use in Drains or Sewers	Products labeled for use around
or near floor drains must contain the following statement.

“Application is prohibited directly into sewers or drains, or to any
area like a gutter where drainage to sewers, storm drains, water bodies,
or aquatic habitat can occur.  Do not allow the product to enter any
drain during or after application.”	Directions for Use

General Application Restrictions for liquid formulations	“Do not apply
this product through any type of irrigation system. Not for broadcast
use in nurseries. Not for use on sod farms, on grass grown for seed, or
on golf course turf. Do not apply this product by aerial application.
“	Place in the Directions for Use directly after the Agricultural Box,
if there is one, otherwise place in the Directions for Use under General
Precautions and Restrictions.

Application Restrictions for 24(c) labels	“Aerial application is
permitted.  Do not apply by ground within 25 feet or by air within 150
feet of lakes, reservoirs, rivers, permanent streams, marshes or natural
ponds, estuaries, and commercial fish ponds.”	Directions for Use under
General Precautions or Restrictions and/or Application Instructions

Application Restrictions 	“Do not water the treated area to the point
of run-off.”

“Do not make applications during the rain.”	Directions for use

Additional Application Restrictions for Non-Agricultural General Outdoor
Surface and Space Sprays, except for outdoor fogging devices	“All
outdoor applications must be limited to spot or crack and crevice
treatments only, except for the following permitted uses: 

Treatment to soil or vegetation around structures;

Applications to lawns, turf, and other vegetation;

Applications to building foundations, up to a maximum height of 3 feet.

Other than applications to building foundations, all outdoor
applications to impervious surfaces such as sidewalks, driveways,
patios, porches and structural surfaces (such as windows, doors, and
eaves) are limited to spot and crack-and-crevice applications, only.”

Note to registrant:  If the end use product does not contain directions
for use consistent with the exceptions above the exceptions may be
eliminated from the label.

	Directions for Use

Environmental Hazards Statements for Liquid Concentrates Used on
Agricultural, Nursery, and Other Commercial Outdoor Sites	“This
pesticide is toxic to fish and aquatic organisms.  Do not apply directly
to water, or to areas where surface water is present, or to inter-tidal
areas below the mean high water mark.  Drift and runoff from treated
areas may be hazardous to fish and aquatic organisms in adjacent aquatic
sites.  Do not contaminate water when cleaning equipment or disposing of
equipment washwaters.”	Precautionary Statements – Environmental
Hazards

Environmental Hazard Statements on Liquid Concentrate Consumer Outdoor
Products (e.g., liquids mixed with water by the user for a tank sprayer
or hose-end attachment)	“This pesticide is toxic to fish and aquatic
organisms.  To protect the environment, do not allow pesticide to enter
or run off into storm drains, drainage ditches, gutters or surface
waters.  Applying this product in calm weather when rain is not
predicted for the next 24 hours will help to ensure that wind or rain
does not blow or wash pesticide off the treatment area.  Rinsing
application equipment over the treated area will help avoid run off to
water bodies or drainage systems.”	Precautionary Statements –
Environmental Hazards

Spray Drift Label Language for 24(c) labels	“SPRAY DRIFT MANAGEMENT”

“Avoiding spray drift at the application site is the responsibility of
the applicator and the grower.  The interactions of many equipment and
weather-related factors determine the potential for spray drift.  The
applicator and the grower are responsible for considering all these
factors when making decisions.”

“For aerial applications:”

“The boom length must not exceed 70% of the wingspan or 85% of the
rotor blade diameter.”

“Do not make any type of application into temperature inversions.”

“When applications are made with a cross-wind, the swath will be
displaced downwind.  The applicator must compensate for this
displacement at the downwind edge of the application area by adjusting
the path of the aircraft upwind.”

“Use the largest droplet size consistent with pest control. Formation
of very small droplets may be minimized by appropriate nozzle selection,
by orienting nozzles away from the air stream as much as possible, and
by avoiding excessive spray boom pressure.”

“Spray should be released at the lowest height consistent with good
pest control and flight safety. Applications more than 10 feet above the
crop canopy should be avoided.”

”For Aerial and Ground Applications:”

“Make aerial or ground applications when the wind velocity favors
on-target product deposition (approximately 3 to 10 mph). Do not apply
when wind velocity exceeds 15 mph. Avoid applications when wind gusts
approach 15 mph.”

“Risk of exposure to aquatic areas can be reduced by avoiding growth
of vegetative filter strip.”

“Low humidity and high temperatures increase the evaporation rate of
spray droplets and therefore the likelihood of increased spray drift to
aquatic areas.”

 “Applicators must follow all state and local pesticide drift
requirements regarding application of tau-fluvalinate. Where states have
more stringent regulations, they must be observed.”

 “All aerial and ground application equipment must be properly
maintained and calibrated using appropriate carriers or surrogates”. 
Directions for Use under General Precautions or Restrictions and/or
Application Instructions



 PAGE   

 PAGE   2 

