I ~

-_.' ,- 7 , . - ;"6. 50S

')

'-,(I

" . PI,ant Pro-Tec, Inc. SfP 81996 24389 Racoon Way Oak Run, CA 96069

Attention: .Dr. Gerald Waters >. -/

Subject: Plant'Pro-Tec (Gartic) Units EPA Registration No. 66190-1 Your letter of June 19, 1996'. ,<') ',- The Libeling referred to above, submitted in connection with regis'tration under the Federal Insecticide, Fungicide 'and, Rodenticide Act (FIFRA), as amencred, is acceptable provided that you:

A. make the following changes and submit one (1) copy to us before you ship your product:

1. The proposed revised "DIRECTIONS FOR USE" for the "25 1) uni t bag label" are acceptable, slibj ect to, the comments below. '

a., When labels are printed, make sure ·that the major heading "DIREC.TIONS FOR USE" appears in larger and more conspicuous type than its subheadings "USE RESTRICTIONS:", "HOW TO ACTIVATE PRO-TEe (Garlic) UNITS: ", and "HOW TO APPLY PRO-TEC (Garlic)UNI'rS:". It also would help if the main heading "DIRECTIONS FOR USE" were cen.tered rather than left-justified in the l'abel panel. Note that the organization of the "DIRECTIONS FOR USE" was acceptable on the labeling what we accepted with comme'nts on September' 22, 1995.

b. In the last sentence of the "USE RESTRJ:.CTIONS", change "two-feet" to '''two feet" .on the labeling dipcussed in our letter of September 22, 1995, hyphenation was needed due to the combining of,,'''two'' and "foot" 'to make the adjective "two-foot". No hyPheilation is . needed when "feet" is modified by "two" and used as a predicate nominative (refer'ring to' the sentence's subject "radius"). Note that the comment in our letter of September 22, 1995,' pertained to a sentence which no longer appears.onthis.product's label.'

c. Change' "Organic" to, "FQod(3rade' Ingred~erits" .

.. .~ '\...... ~...... '" ..~ ...... -~------~- <' ~::~p,r~a",b~¥€'i~f'T\" ----.-.....\, "7 .,. .. •• ' -• . <-,-.-, . :' ~ ;:~ -~;-:, ""'- -"~~";~;"::';:.i:'~ ~~ . 0-::" ;..,,~ • -----

2

2. The proposed revised "DIRECTIONS FOR USE" for the "Box label" are-acceptable, su1:dect to the same comments as 'are._made above for the bag label and the addi tiomil - co,~ept which appears below. '

a. In the third sentence under "HOW TO APPLY PRO-TEe (Garlic) UNITSi', change; "plant/and/or on" to "plant and/ or on" (i. e., delete the first slash) .

3_ The user sheets and other items that you provided regarding the effectiveness of the product were interesting and somewhat informative, but are not cons,idered to be acceptable substitutes for formal efficacy studies.

If.the,accounts presented in thet.estimonial forms whiCh you submitted are accurate, it appea~s to us that the , (- most common use strategy claimed to have been effective was the clipping Of at least on~ unit to or immediately beside each plant that was to be protected_ There was some dissatisfaction with users' efforts to create odor barriers or boundaries around stands of plants that were to be protected. '

5.- Your two promotional sheets entitled.

"Features of Plant Pro-Tee (Garlic) Units"

and your sheet entitled

"PLANT PRO-TEC (Garlic) Units" include a number of claims and statements which are not ( supported by data with which we are familiar: Note that our regula'tions prohibit the making of "false or misleading" statements in any material considered to be labeling (accompanying ,the produc;:t at any time). Note also that making 'such statements about ,the product in virtually any context is prohibited by the Federal Trade Act. 'Therefore, we suggest that you examirie these . promotional sheets carefully and adjustor delete any statements which you cannot support with information that yo~ have in your possession. For example, it seems to us that what we know and might expect regarding the, role of chili pepper in your units is described .more accurately on' the sheet which il;Lustra:tes'the,green-body/white-top

unit than on the,sheet which describes the blue-and-white -~-:, . units. If you know for certaiIi that your plastic units, photodegrade in a year or two, the' cla'ims _to this effect' that you are making would seem, to, us. to be appropriate.

-~ '.'---'-- -,.-.~-..... ft' :f':':"r,.:;;:~ ~ , -: '--c; .• f:':-;,":--::~~~~ ~ ~ ~- -~ .... ~-.:~ -.~~-~- . -.'.

If it actually takes 5-10 years or mqre for the units to photodegrade, your cla'ims would seem to be misle.ading. '. .' _ _. •• ._ J . "- B:' within one (I) year of .receipt of ,this .lette~,'y6u ', ... 1. submit the following data in the proper format, as·found inPRNotice86-5: ... ' .

·a.· an analytical, HPLC method (Guideline No. 151B-16) that analyzes f.or the active ingredients in the "Oleoresin Capsicum" used iIi your formulation and

... b. the. analytical data (151B"':13) for the amount of "CapsaicIn and Related Capsaicinoids" in your product, using the HPLC method. -

2. revise your ingredient statement as follows:

Active Ingredients Oil of Garlic 10.0% Capsaicin and Related Capsaicinoids* [?]%

Inert Ingredients [ ?J%-

Total 100.00% .

*Derived from Hot Chili Peppers

3. submit a revised Confidential Statement oL Formula (CSF) , showing nominal concentration, upper, and lower certified limits for "Capsaicin and Related Capsaicinoids".

If these conditions are not complied with, the registration will be subject to cancellation in accordance with FIFRA s~ction £(e). Your release for shipment of the product bearing the. amended labeling constitutes acceptance of these conditions.

A stamped copy of the labeling is enclosed for _.your . records.

Sincerely yours, ))15Jf' /r Karen Whitby Product Manager (14) Insecticide-Rodenticide Branch Registration Division (H7504C)

Enclosures: 1. Stamped Label 2. A-79 Enclosure . .-

Peacock:A:\Capsaici\6~190-R.SEP:305-5407/-6600:9/12/96 , .

.. , ;. ,"... w ,.-._",,~ _ •••_, ,_ • ".~"";-.._;-.:- ' ... ,_--"'-:",,-"_ -, 0" - .-~, ,~~;~ ~:~'('~f~~;'_~_m: (::t> .--- . ;_:: /·_-i-~~,.;":;:~,..lf;tf:{t-"..:-' :.~.:, ~ l:"-

ACCEPT.ED . wi\;' COl\iillENTS 7 "" in EPA Letter Doled , , !SEP 1 "B .,' ,1 9951: \, I

PLANT' PRO-TEe [Garlic) UNITS • It ,<),; > Discourages deer; elk and rabbitS' from browsing trees; ~hrubs ana-nO~rs., ';: ~:',. II • : •••• Active Ingredients KEEP OUT OF REACH OF CIoIlI..DREN!, • - -• Oil ofGarlic 10,0% CAUTION Capsicum Oleoresin" 3.0% EPA Registration No. 66190:1 , EPA Establishnl'enl N~,66190-GA-O I :~ Inert Ingredients 87.0% .... ". J. "Derived from Chili Pepper'

STORAGE AND DISPOSAL • 00 nat contaminate water; food or feed by storage or disposal. STORAGE Store only in the original container in a coat dry place inaccessible to children or pets. Store Plant P;;;"T;c (Garlic) UJ\l-':r~ out'of direct -~nl'ght,. preferably at temperatures from 30GF to goGF. Under these storage conditions. shelf life of unaCtivated UNITS should be one or- more years. OIRECTIONS FOR USE It is a violation of Federal Law to use this product in a manner inconsistent with itS labeling. USE RESTRICTIONS, This product may be used to discourage deer [Odocoilus species}. elk (Cervus species). and rabbits (Sylvilagus species) from browsing trees. shrubs and flowers. UNIT must be activated to emit repellent scent. The effective r-adius of each UNIT is about twa-feet. HOW TO ACTIVATE PRO·TEC [Garlic) UNITS ,/ To release the repelling garlic odor, use the probe-type torn to puncture the barrier (see / diagram]. The UNIT will smell strongest under warm, sunny exposure. ) HOW TO APPLY PRO·TEC [Garlic) UNITS Follow above instructions to puncture the barrier which releases the repelling garlic odor: UNITS 'should be dipped to individual plants, placed in ~oil ~djacent to a plant. and/or clipped to fences a/Vund areas. For creating a barrier/perimeter. place UNITS abol,it four feet apart, closer if nt:cessary. The number of UNITS. to use on a plant depends an haw much the animal likes the plant/and/or an the animars browsing habits. For example. a' -rose bush may require 3-4 UNITS._ Generally fewer UNITS will be needed to prevent damage than to stop jL Keep some units in r,eserve in. c~se the g,arlic odor needs to be intensified .. Under very wet conditions. it'may bt;: necessary to dip the UNfTS on upside down to k~ep'water from getting in and blocking the garlic odOf' from. escapin,g. '

~- .

.,~ -,.: .:;, ' ' . . ~-.: .... ,,'., :"''':''''-' •• '<- '-I.!#~~ 1 \.' , ,~ .' " .. ", . l~~~~~~~",,-~lL~~__ ~~~~h~;,,;· . .- -':~~"'''''';'~!-''''''',-'~'~ ~ I 1 I·'

. , .'

PLANT PRD-TE[ (6arlic) UNITS

Active Ingredients 8yWt. Oil of Gru-lic 10.0% Capsicum oleoresin* 3.0% Inert Ingredients 87.0% *D.,.;:v«! from .~h~li pep",," KEEP OUT OF REACH OF CHfLDRI:N CAUTION Net Contents: 25 UNITS, 0.14 oz. per UNIT, 1 Garlic Odor Release Probe EPA Registration No. 66190-1 EPA Establishment No. 66190-CA-Ol

e bruTier ure.

pl.AI\fr PRO-TEet Inc P.O. Box 902, Palo Cedro. CA 96073 PhonelFa..x (916)547 5450 i ~800~572-0055

II ", " t "I

I'

STORAGE. AND DisposAL Do 'not contruninate water, food or feed by storage or dispos:aL

~RA.GE: Store only in the original container in a cool, dry place inaccessible to. cPildren or pets', Store Plant Pro-Tee (Garlic) UNITS out of direct sunlight, preferably at temperatures from 30°F to 90°F, Under these ston;ge conditions, shelf life of unactivru.ed UNITS should be one or roore years.

DlRECTlOI\IS' FOR USE ,_.iri,:\.-:.-.,..... ~ __ '. It is a. violation of Federillaw to use this product in .' ~ #_ l. a manner inconsistent with its labeling. /./' 'Y' ;~_~" --, 'i--- USE RE5TRIt::TION5: ·-:,}fr?·~~~:-·-- This product roay be used to discourage deer ;:! "/,:'" '_ ,'.~. (Odocoilu" species), elk (Cervus species), .:£.2-/~' . "".'" Net· and. rabbits (SylvUagus species) from browsing 0 : /," \) I's EPA trees, shrobs and flowers_ UNl:T must be activated to emit repellent scent~ l1~e effective radius of each UNIT is about two feet.

HOW TO ACTIVA.TE PRO-TEC (Garlic} UNITS: To release the repelling garlic odor, use the probe-type tool to puncture the barrier ("oe diagrrun). TI)<, UNIT will smell strongest under wann, ,sunny exposure.

HDW TO APPLY PRD-TEe (Garlic) UI\IIT5: Follow above instroctions to puncture the barrier which releases the repelling garlic OdOl~ UNITS should be clipped £0 individual plants, placed in soil adjacent to a plant, andlor clipped to fences around the areas. For creating a barrier/perimeter, place, UNITS about four feet apart, . closer if necessary. The number of UNlTS to use on a plant lIep¢Jlds on how much the. animal likes the plant andlor on the animal's browsinghabits_ For e)(ample. a rOse bush may require 3 - 4 {)NITS. GeneraUy fewer UNITS will be needed to prevent damage than to stop it. ' Under very wet conditions, it may be necessary to clip the UNITS on upside do,vn to keep water from .getting ill and blocking the gadic odor from escaping. P.O. I For more infonnation or assistance caUI.SOO.S7Z-005S.

., .. 7~ 7 '.

Active Ingredients 8yWt KEEP OUT OF REACH OF GI-;lI~J~REI'f· .• Oil of Garllc --10.0%' 'CAI:JTION Capsicum Oleoresin' 3.0% EPA Registration No. 66190-1 EPA Establishr.';(r::'~:>. 66190-GA'D.l Inert Ingredients 87.0%, ,f:_~ Net C,oDleDls: 250 Plant Pro-Tec,(Garlic) Units,O.14 7:>,:. per UNtT, "'-';7 'Derived from Chili Pepper 1 Odor Release Probe

STORAGE AND DISPOSAL •••• Do not contaminate water. food or feed by storage or disposal. STORAGE Store onl~ in the original container in a cool. dry place inaccessible to children or pets. Store Pf~nt Pro-T8c (Garlic) UNITS out of direct sunfight. preferably at temperatures from 30°F to 90"f. Under these storage conditions. shelf life of unactivate? UNITS should be one 01" more ye;;Jrs. DIRECTIONS FOR USE It is a violation of Federal law to use this product in a manner inconsistent ~Ith its, labeling, USE RESTRICTIONS This product may be used to discourage deer (Odocoilus species). elk (Cervus speciesJ. and rabbits lSyfvilagus species) from browsing trees. shrubs and trowers. UNIT must be activated to emit repellent scenr.. The effective radius or each UNJT is about two-feet.

HOW TO ACTIVATE PRO·TEC (Garlic) UNITS ./ To release the repelling garlic odor: use the probe-type tool to puncture the barrier {see / diagram). The UNIT will smell strongest under warm, sunny exposure. HOW TO APPLY PRO·TEC (Garlic) UNITS Follow above instnJctions to puncture the barrier which releases the repelling garlic odor. UNITS should be clipped to individual plants. placed in' soil adj~ent to a plant. and/ Or clipped to fences around areas. 'For creating a b_arrier/petimeter. place UNITS about four feet apart, closer if ne·cessary. The number of UNITS to use on a plant depends on how much the animal JiJ.-,.es the plant/and/or on the animars browsing habits. For example. a rose bush may require 3-4 UNITS. 'GeRera!ly fewer UNITS will be needed to prevent damage than to stop it. Keep some units in reserve in case the garlic odor needs to be intensified. Under very wet conditions. it may be necessary to clip the UNrt'S on upsjde down to keep water from getting in and blocking the garlic odor frqm escaping.