US EPA, Pesticide Product Label, ENCLOSURE 4 FLOWABLE FUNGICIDE and NEMATICIDE, 08/24/2011
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Washington, D.C. 20460 OFFICE OF CHEMICAL SAFETY AND POLLUTION PREVENTION Ms. Catherine Byrd Wagner Regulatory Associates Agent for Devgen US, Inc. AUG Z 4 2011 PO Box 640 Hockessin, DE 19707 Dear Ms. Byrd: SUBJECT: Enclosure 4 Flowable Fungicide and Nematicide EPA File Symbol 86153-3 Your submission of July 28, 2011 adding the revised peanut directions to the master label QPP Decision Number 448301 The label referred to above, submitted in connection with registration under section (3) of the Federal Insecticide, Fungicide and Rodenticide Act, as amended is acceptable provided you make the following changes: Page 7 - Spraying/Mixing. Correct the double period at the end of the second sentence in the third paragraph. Page 10 - Aerial Spray Drift -Controlling Droplet Size. In the fifth bullet under "Controlling Droplet Size" change "tat" to "that". Please submit one copy of your final printed label before the product is released for shipment. A stamped copy of the label is enclosed for your records. If you have any questions, please contact Lisa Jones on my team at (703) 308-9424 [email protected]. Sincerely, Mary L. Waller Product Manager (21) Fungicide Branch Registration Division (7504P) Enclosures: Stamped accepted label Page 1 of 32 Enclosure® 4 Flowable Fungicide and Nematicide Devgen Master Label with 27JUL11 comments and approved peanut amendment ENCLOSURE® 4 Flowabie Fungicide and Nematicide O deVGen Active Ingredient: Iprodione: 3-(3,5-dichlorophenyl)-N-(1-methylethyl)-2,4-dioxo-1-imidazolidinecarboxamide* .41.6% Other Ingredients: ............................................................... ......... ...................................... 58.4% Total: 100% *Equivalent to 4 Lbs. Iprodione per gallon. EPA Reg. No. 86153-3 EPAEst. No. 5905-GA-01 Net Contents: 2.5 Gallons KEEP OUT OF REACH OF CHILDREN CAUTION FIRST AID If Swallowed Call a poison control center or doctor immediately for treatment advice. Have person sip a glass of water if able to swallow. Do not induce vomiting unless told to by a poison control center or doctor. Do not give anything to an unconscious person. If on Skin or Take off contaminated clothing. Clothing Rinse skin immediately with plenty of water for 1 5-20 minutes. Call a poison control center or doctor for treatment advice. If in Eyes Hold eye open and rinse slowly and gently with water for 1 5-20 minutes. Remove contact lenses, if present, after the first 5 minutes, then continue rinsing eye. Call a poison control center or doctor for treatment advice. Have the product container or label with you when calling a poison control center or doctor, or going for treatment. HOT LINE NUMBER For 24 Hour Medical Emergency Assistance (Human or Animal) call 1-800-222-1222. For Chemical Emergency Assistance (Spill, Leak, Fire, or Accident), Call ChemTrec at 1 -800-424-9300. ACCEPTED witfe COMMENTS lat EPA Letter Dated? tb« Federal Imeettelde, de, and Rodenticide Ac*, amended, for the pesticide wader EPA Reg. No. 8^/53 r r Page 2 of 32 Enclosure ® 4 Flowable Fungicide and Nematicide Devgen Master Label with 27JUL11 comments and approved peanut amendment PRECAUTIONARY STATEMENTS Hazards to Humans and Domestic Animals CAUTION Harmful if swallowed or absorbed through skin. Causes moderate eye irritation. Prolonged or frequently repeated skin contact may cause allergic reactions in some individuals. Avoid contact with skin, eyes, or clothing. Wash thoroughly with soap and water after handling and before eating, drinking, chewing gum, using tobacco, or using the toilet. Remove and wash contaminated clothing before reuse. Personal Protective Equipment (PPE) Mixers, loaders, others exposed to the concentrate, cleaners/repairers of equipment, and applicators applying as a dip treatment must wear: • long-sleeve shirt and long pants • chemical-resistant gloves such as barrier laminate, butyl rubber (>14 mils), nitrite rubber (> 14 mils), neoprene rubber (z 14 mils), polyvinyl chloride (PVC) (s 14 mils), or viton (> 14 mils) • chemical-resistant apron, and • chemical-resistant footwear plus socks. Applicators using hand held equipment must wear: • coveralls over long-sleeve shirt and long pants • chemical-resistant gloves such as barrier laminate, butyl rubber (2 14 mils), nitrile rubber (£ 14 mils), neoprene rubber (>14 mils), polyvinyl chloride (PVC) (£ 14 mils), or viton (>14 mils) • chemical-resistant footwear plus socks • chemical-resistant headgear for overhead exposures, and • a dust/mist filtering respirator (MSHA/NIOSH approval number prefix TC-21C), or a NIOSH approved respirator with any N, R, P or HE filter. Applicators using aircraft or mechanical ground equipment (groundboom, airblast, etc.), and flaggers for aerial applications must wear: • long-sleeve shirt and long pants • shoes plus socks Applicators and all other handlers not specified above must wear: • long-sleeve shirt and long pants • chemical-resistant gloves such as barrier laminate, butyl rubber (> 14 mils), nitrile rubber (> 14 mils), neoprene rubber (> 14 mils), polyvinyl chloride (PVC) (£ 14 mils), or viton (> 14 mils), and • shoes plus socks. Follow manufacturer's instructions for cleaning/maintaining personal protective equipment (PPE). If no such instructions for washables exist, use detergent and hot water. Keep and wash PPE separately from other laundry. Discard clothing or other materials that have been drenched or heavily contaminated with this product's concentrate. Do not reuse them. ENGINEERING CONTROLS When handlers use closed systems, enclosed cabs, or aircraft in a manner that meets the requirements listed in the Worker Protection Standard (WPS) for agricultural pesticides [40 CFR 170.240 (d) (4-6)], the handler PPE requirements may be reduced or modified as specified in the WPS. r r Page 3 of 32 Enclosure ® 4 Flow/able Fungicide and Nematicide Devgen Master Label with 27JUL11 comments and approved peanut amendment User Safety Recommendations Users should: Wash hands before eating, drinking, chewing gum, using tobacco or using the toilet. • Remove clothing immediately if pesticide gets inside. Then wash thoroughly and put on clean clothing. • 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. Environmental Hazards This pesticide is toxic to invertebrates. Do not apply directly to water or to areas where surface water is present or to intertidal areas below the mean high-water mark. Drift and runoff may be hazardous to aquatic organisms in neighboring areas. Do not contaminate water when disposing of equipment washwater or rinsate. This chemical can contaminate surface water through aerial and ground spray applications. Under some conditions, it may also have a high potential for runoff into surface water after application. These include poorly draining or wet soils with readily visible slopes toward adjacent surface waters, frequently flooded areas, areas overlaying extremely shallow ground water, areas with in-field canals or ditches that drain to surface water, areas not separated from adjacent surface waters with vegetated filter strips, and areas overlaying tile drainage systems that drain to surface water. CONDITIONS OF SALE AND LIMITATION OF WARRANTY AND LIABILITY NOTICE: Read the entire Directions for Use and Conditions of Sale and Limitation of Warranty and Liability before buying or using this product. If the terms are not acceptable, return the product at once, unopened, and the purchase price will be refunded. The Directions for Use of this product must be followed carefully. It is impossible to eliminate all risks inherently associated with the use of this product. Crop injury, ineffectiveness or other unintended consequences may result because of such factors as manner of use or application, weather or crop conditions, presence of other materials or other influencing factors in the use of the product, which are beyond the control of Devgen US Inc. ("Devgen") or Seller. To the extent consistent with applicable law, all such risks shall be assumed by Buyer and User, and Buyer and User agree to hold Devgen and Seller harmless for any claims relating to such factors. Devgen warrants that this product conforms to the chemical description on the label and is reasonably fit for the purposes stated in the Directions for Use, subject to the inherent risks referred to above, when used in accordance with directions under normal use conditions. This warranty does not extend to the use of the product contrary to label instructions or under conditions not reasonably foreseeable to or beyond the control of Seller or Devgeni and Buyer and User assume the risk of any such use. TO THE EXTENT CONSISTENT WITH APPLICABLE LAW, DEVGEN US INC. MAKES NO WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE NOR ANY OTHER EXPRESS OR IMPLIED WARRANTY EXCEPT AS STATED ABOVE. To the extent consistent with applicable law, in no event shall Devgen or Seller be liable for any incidental, consequential or special damages resulting from the use or handling of this product. TO THE EXTENT CONSISTENT WITH APPLICABLE LAW, THE EXCLUSIVE REMEDY OF THE USER OR BUYER, AND THE EXCLUSIVE LIABILITY OF DEVGEN AND SELLER FOR ANY AND ALL CLAIMS, LOSSES, INJURIES OR DAMAGES (INCLUDING CLAIMS BASED ON BREACH OF WARRANTY, CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE) RESULTING FROM THE USE OR HANDLING OF THIS PRODUCT, SHALL BE THE RETURN OF THE PURCHASE PRICE OF THE