U.S. EPA, Pesticide Product Label, DIATOMACEOUS EARTH

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460

.- OFFICE OF PREVENTION, PESTICIDES AND JAN 0 8 2008 TOXIC SUBSTANCES

Mr. Richard Evons Product Registration DiaSource, Inc. P.O. Box 7801 Boise, Idaho 83707

SUBJECT: Application for Pesticide Notification (PRN 98-10) Request Warranty Statement Language Change EPA Reg. No. 69261.,.4 . Application Dated December 4, 2007

Dear Registrant:

The Agency is in receipt of YOW Application for Pesticide Notification under Pesticide Registration Notice (PRN) 98-10 dated 12/04/07 forthe above product. The Registration. Division (RD) has conducted a review of this request for its applicability under PRN 98-10 and finds that the aCtiones) requested fall within the scope ofPRN 98-10. The label submitted with the application has beenstamped"Notificatiorl'and will be placed in our records.

If you have any questions, please call me directly at 703-305-6249 or Owen F. Beeder of my staff at 703-308-8899. .

Sincerely, cp?~L", j.. AJ W Linda Arrington . . ~ - Notifications & Minor Fonnulations Team Leader Registration Division (7505P) Office of Pesticide Programs ats \ '.

Document Processing Desk (NOTlF) December 4, 2007 Office of Pesticide Programs (7504C) U.S. Environmental Protection Agency Room 266A, Crystal Ma112 1921 Jefferson Davis Highway Arlington, VA 222024501

Re: Notification of change to oUr label's Warranty Statement language, per EPA PR Notice 98-10 Diasource Diatomaceous Earth Crawling Insect Killer, EPA Reg. No. 69261-4

Enclosed please find;

• Completed and signed EPA Form 8570-1 • One copy of oUr existing label • Two copies of our EPA label with the Warranty Statement language change.

Also please note this additional language to Form 8570-1, Section II, Explanation:

I understand that it is a violation of 18 U.S.C. Sec. 1001 to willfullymake any false statement to EPA. I further understand that if this nbtification is not consistent with the terms ofPR Notice 98-10 and 40 CFR 152.46, this product may-he in violation ofFlFRA and I may be subject to enforcement action and penalties under sections 12 and 14 ofFlFRA. .

Thank you for your attention to this matter.

Richard Evons, President DiaSource, Inc.

Sent via UPS 2nd Day Delivery

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000 c. (.. Co . Vv ~.",J'- ~ 3/5 . . 1"IeBu,..d InnruetIo". tHf ,..".,.. Hfo,.. __tlnttfrNm. Form Approved OMB No. 2070-0080 1,~i0~~tRtJr!i;~~tm~t;:;1' opp Identifier Number United States ~ Registration Environmental Protection Agency Amendment & EPA Washington, DC 20460 X Other Application for Pesticide - Section I

1.Co~nv~oductNu~r 2. EPA Product Manager 3. Propolled Classification DiaSource, Inc. / 69261-4 None D Restricted 4. Company~uct (Neme) o PM. 1 Diasource Diatomaceous Earth Crawling Insect Killer 3

5. Name and Addretl. ·of Applicant 'lnduds ZIP Cod_} 6. Expedited Review. In accordance with FIFRA Section 31cH3) DiaSource, Inc. (blli), my product is similar or identical in composition and labeling P.O. 7801 to: Boise, Idaho 83707 a EPA Reg. N~.

D Ch.ck if this is • new Bddress Product Name Section - II

Amendment - Explain below. Final printed lllbeis in response to D D Agency letter dated D Resubmlssion in response to Agency letter dat8d D -Me Too· Application. ~ Notification - Explain billow. D Other ~ ExpIsin below. Explanation: USII edditional pagels) If necetlsary. IFor section I and Section II.) Notification of change to "Warranty Statement" per PR Notice 98-10. This notification is consistent with the provisions of PR Notice 98-10 and EPA regulations at 40 CFR152.46, and no other changes have been made to the labeling or the confidential statement of forl1)ula of this product. (see attached page for balance of explaintaton)

Section - III 1. Materiel TIn. Product WIll Be Packaged In: Child-Resistant Packaging Unit Packaging Water Soluble Packaging 2. TyPe of Container

Bves. Ves Bves Pla.tic . No No No a ~~Glasa If ·VIIS- No. par If -Vas- No. per Paper II ClNtifiClltion must Unit Packaging wgt. container Package wgt container Other ISpecify) be submitted I 3. Location of. Net Contents Information 4. Sizels) Retail Container S. Locetion of label Directions E3 OnL.abeJ 0 label o Container On labeling accompanying product 6. Manner in Whioh label i. Affixed to Product Uthograph . Other § Paper Pelued 0 5tencied Section - IV 1. Contact Point 'Complet. items directly below for idsntificetion of intflViduaJ to be contect.d, if nfICfISSIIry, to pracBU this epp/iClltion.) Name Title Telephone No. (Include Area Code) RichardEvons president 1(208) 384-5063

Certific~on 6. Date Application I certify that the statements I have made on this form and all attachments therato are true.·accurata and complata. ",Received I acknowledge thllt any knowingly false or misleading statement may be punishable by fine or imprisonment or Z'" '" fSfamped) both under epplicablelaw. 0" <; <> v 2.5i 3. Title e> '" 00

0 O{)OOO(' President 0 (; (, '" (.> ('()f.: VO" 0 ~ V '" OUC-OUli 4. Typed Nama 5. Data v 00 0 " ~. .", "'" Richard Evons Dec 4, 2007 " ° 0" 00600 v " '"'''';'''00° r ...... 1..1'-1 EPA Form 8570-1 (Rav. 8-941 PrlllllOU8 edltlone are obsolete • WhIte - EPA RIa Copy lorigInaI) (, V.Uo:w - Appllcsnt Copy 00 ("

\")'.:(,) 1...' (" '"J l,:.(,; DlASOURCE DIATOMACEOUS EARTH OUTDOOR USE: To control ants, spiders, earwigs, mites, and other crawling insects. CRAWLING INSECT KILLER DIRECTIONS FOR USE Using a hand dusier or other equipment suitable for CONTROLS CRAWLING INSECTS application o(dusts, dust lightly in areas where insects are IS A VIOLATION OF TO USE FEDERAL LAW found such as windowsills and door frames, around foun ACTIVE INGREDIENT: THIS PRODUCT IN A MANNER INCONSISTENT Diatomaceous Earth 100% WITH ITS LABELING. dations and along ant trails. Direct contact with dry dust is (including silicon dioxide, other oxides and moisture) required for effective control. Repeattreatment in problem , areas as necessary for control. KEEP OUT OF REACH OF CHILDREN INDOOR USE: To control cockroaches, ants, spiders, fleas, earwigs, and other crawlirig insects. STORAGE AND DISPOSAL CAUTION Using a hand duster, apply lightly in dry areas where Store in original container in a dry location. crawling insect pests are found or may hide, including IF EMPTY: Do not reuse this container. Place in trash or EPA Registration No. 69261-4 cracks and crevices, along baseboards, around sinks, cabi nets, refrigerators and stoves; and in attics and basements. offer for recycling if available. EPA Establishment No. 69261-0R~ 1 Direct contact with dry dust is required for effective con NET WT. 50 Ibs .. trol. In food handling areas, or areas where food or feed IF PARTLY FILLED: Call your local solid waste agency or products are prepared or stored, apply as a "Crack and 1-800-CLEANUP for disposal instructions. Never place FOR USE IN AND AROUND THE HOME AND OTHER Crevice" or a "Spot" treatment. As a crack and crevice unused product down any indoor or outdoor drain. RESIDENTIAL AREAS, INDOOR/OUTDOOR BUSI treatment apply sparingly into cracks and crevices using IN CASE OF SPILL: Vacuum or dampen with water and NESS, COMMERCIAL, INSTITUTIONAL AREAS, eqUipment designed to place powder into specific locations. FOOD/FEED HANDLING ESTABLISHMENTS Limit spot treatments to walls or floors where pests sweep. Dispose of in trash or at local sanitary landfill. . DiaSource Diatomaceous Earth consists of the skeletal are suspected of hiding. No individual spot treatments WARRANTY STATEMENT remains of fresh water diatoms and contains amorphous should exceed 2 sq. ft. All food or feed items must be Seller warrants that this product conforms to its chemical removed or covered before treatment. Treat open spaces silicon dioxide. This product is intended for indoor and description and is reasonably fit for the purpose stated on outdoor use to control ants, spiders, fleas, cockroaches, below floors, above ceilings, within walls, under stairs, mites, earwigs, and other crawling insects. underneath and behind equipment or appliances, around the label. Since conditions of use such as moisture, com pipes, around sinks, in utility closets and around garbage patibility with other chemicals, and conditions of applica PRECAUTIONARY STATEMENTS: and waste cans. For best results, apply to dry areas. Repeat tion may vary, seller makes no claims other than those . Hazards to Humans and Domestic Animals,. treatment on dry surfaces as needed to maintain control of . stated on this label. problem pests. If treated area becomes moist, sweep or CAUTION: Causes moderate eye irritation. Avoid contact . vacuum dust and discard in trash. with eyes or clothing. Wash thoroughly with soap and water .,::"~ C 'f---\.'i\ ,,-\. { after handling. Use adequate ventilation and avoid breathing· To control fleas infesting pet areas: Thoroughly treat floor, dust. For prolonged exposure to dust, use a suitable dust bedding in and around pet's sleeping quarters. Treat ((i~~ J~~"\~~l mask approved by NIOSH/MSHA. surrounding cracks and cr.evices, baseboards, furniture, FIRST AID carpeting and wherever fleas are suspected. Apply dust to DiaSc· "~,\~J~ c IF IN EYES: Hold eye open and rinse slowly and gently rugs and carpets wih thin coat of dust. Rake (not sweep) with water for 15-20 minutes. Remove contact lenses, if nap back arid forth, causing dust to enter rug or carpet. Leave overnight. Repeat applications and vacuum every 3-4 present, after the first 5 minutes, then continue rinsing eye. ·Manufac~u, GU uy: Call a poison control center or doctor for treatment advice: days as necessary for effective flea control. DiaSource DE Have the product container or label with you when calling will kill live fleas, repel others and help deodorize carpet or rug. DiaSource Inc. P.O. Box 7801 a poison control center or doctor, or going for treatment. ~ Call 1-800-222-1222 for further information. Not for use in federally inspected meat and poultry plants .. Boise, Idaho 83707 '" DIASOURCE DIATOMACEOUS EARTH OUTDOOR USE: To oontrol ants, spiders, earwigs, mites, and other crawling insects.

CRAWLING INSECT KILLER DIRECTIONS FOR USE Using a hand duster or other equipment su~ble for CONTROLS CRAWLING INSECTS application of dusts, dust lightly in areas where insects are found IS A VIOLATION OF FEDERAL LAW TO USE THIS ACTIVE INGREDIENT: sudl as windQ\oVSil1s and door frames, around foun- PRODUCT IN A MANNER INCONSISTENT WITH Diatomareous Earth 100% dations and along ant trails. Direct oontad with dry dust is ITS LABELING. (induding silicOn dioxide, other oxides and moisture) required for effective oontrol. Repeat treatment in problem areas as necessary for oontrol. KEEP OUT OF REACH OF CHILDREN INDOOR USE: To oontrol cockroadles, ants, spiders, fleas, earwigs, and other crawling insects. . STORAGE AND DISPOSAL CAUTION Using a hand duster, apply lightly in dry areas where Store in original oontainer in a dry location. crawling insect pests are found or may hide, induding IF EMPTY: Do not reuse this container. Place in trash or offer EPA Registration No. 692614 -83488 aad. , __ . oontainer or label ~ you when calling a poison oontrol Center will kill live fleas, repel others and help deodorize carpet or rug, Boise, Idaho 83707 or doctor, or going for treatment Call 1-800-222-1222 for (1\=-l!! . further information, Not for use in federally inspected meat and poultry plants.