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US EPA, Pesticide Product Label, UPGRADE FUNGICIDE,04/22/2021

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US EPA, Pesticide Product Label, UPGRADE FUNGICIDE,04/22/2021 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, DC 20460 OFFICE OF CHEMICAL SAFETY AND POLLUTION PREVENTION April 22, 2021 Danielle A. Larochelle Regulatory Manager Nufarm Americas Inc. 4020 Aerial Center Parkway, Suite 101 Morrisville, NC 27560 Subject: Registration Review Label Mitigation for Azoxystrobin Product Name: Upgrade Fungicide EPA Registration Number: 228-724 Application Date: 7/05/2019 Decision Number: 552858 Dear Ms. Larochelle: The Agency, in accordance with the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), as amended, has completed reviewing all the information submitted with your application to support the Registration Review of the above referenced product in connection with the Azoxystrobin Interim Decision, and has concluded that your submission is acceptable. The label referred to above, submitted in connection with registration under FIFRA, as amended, is acceptable. Should you wish to add/retain a reference to the company’s website on your label, then please be aware that the website becomes labeling under the Federal Insecticide Fungicide and Rodenticide Act and is subject to review by the Agency. If the website is false or misleading, the product would be misbranded and unlawful to sell or distribute under FIFRA section 12(a)(1)(E). 40 CFR 156.10(a)(5) list examples of statements EPA may consider false or misleading. In addition, regardless of whether a website is referenced on your product’s label, claims made on the website may not substantially differ from those claims approved through the registration process. Therefore, should the Agency find or if it is brought to our attention that a website contains false or misleading statements or claims substantially differing from the EPA approved registration, the website will be referred to the EPA’s Office of Enforcement and Compliance. A copy of your label stamped “Accepted” is enclosed. Products shipped after 12 months from the date of this amendment must bear the new revised label. Your release for shipment of the product bearing the amended label constitutes acceptance of these conditions. If these conditions are not complied with, the registration will be subject to cancellation in accordance with FIFRA section 6. Reg Review Label Acceptable v.20151230 Page 2 of 2 EPA Reg. No. 228-724 Decision No. 552858 If you have any questions about this letter, please contact Jaclyn Pyne by phone at 703-347- 0445, or via email at [email protected]. Sincerely, Linda Arrington, Branch Chief Risk Management and Implementation Branch 4 Pesticide Re-Evaluation Division Office of Pesticide Programs Enclosure Reg Review Label Acceptable v.20151230 Apr 22, 2021 AZOXYSTROBIN GROUP 11 FUNGICIDE 228-724 UPGRADE™ Fungicide Broad spectrum fungicide for the control of listed diseases on turf and ornamental plants and listed vegetable seedlings and transplants ACTIVE INGREDIENT Azoxystrobin (methyl (E)-2-{2-[6-(2-cyanophenoxy)pyrimidin-4-yloxy]- phenyl}-3-methoxyacrylate 22.9% OTHER INGREDIENTS 77.1% TOTAL 100.0% Contains 2.04 pounds of active ingredient per gallon KEEP OUT OF REACH OF CHILDREN. CAUTION / PRECAUTIÓN Si usted no entiende la etiqueta, busque a alguien para que se la explique a usted en detalle. (If you do not understand the label, find someone to explain it to you in detail.) SEE LABEL BOOKLET FOR [FIRST AID AND] PRECAUTIONARY STATEMENTS For Chemical Spill, Leak, Fire, or Exposure, Call CHEMTREC (800) 424-9300 For Medical Emergencies Only, Call (877) 325-1840 MANUFACTURED FOR EPA REG. NO. 228-724 NUFARM AMERICAS INC. EPA Est. No. ___________ 11901 S. AUSTIN AVENUE ALSIP, IL 60803 NET CONTENTS: ____________ (Gal.) (_______ liters) [Designation as “NONREFILLABLE” or “REFILLABLE” for containers > 5 GAL] [Nufarm Grow a better tomorrow] [Grow a better tomorrow] 000228.00724.20190701.Reg Review Label FIRST AID IF ON SKIN OR x Take off contaminated clothing. CLOTHING x Rinse skin immediately with plenty of water for 15-20 minutes. x Call a poison control center or doctor for treatment advice. HOTLINE NUMBER Have the product container or label with you when calling a poison control center or doctor, or going for treatment. You may also contact (877) 325-1840 for emergency medical treatment information. PRECAUTIONARY STATEMENTS HAZARDS TO HUMANS AND DOMESTIC ANIMALS CAUTION / PRECAUCTIÓN Harmful if absorbed through skin. Avoid contact with skin, eyes, or clothing. PERSONAL PROTECTIVE EQUIPMENT (PPE) All handlers must wear: x Long-sleeved shirt and long pants x Waterproof gloves. x Shoes plus socks In addition, mixers/loaders/applicators using mechanically pressurized handwands, except when applying to Christmas tree farms, nursery ornamentals, or landscape areas, must wear: x A minimum of a NIOSH-approved particulate filtering facepiece respirator with any N, R or P filter; OR a NIOSH-approved elastomeric particulate respirator with any N, R or P filter; OR a NIOSH- approved powered air purifying respirator with HE filters. Human flagging is prohibited. Follow the manufacturer's instructions for cleaning/maintaining PPE. If no such instructions exist for washables, use detergent and hot water. Keep and wash PPE separately from other laundry. 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. When reduced PPE is worn because a closed system is being used, handlers must be provided all PPE specified above for "applicators and other handlers" and have such PPE immediately available for use in an emergency, such as a spill or equipment breakdown. Respirator fit testing, medical qualification, and training for Non-WPS uses Using a program that conforms to OSHA's requirements (see 29 CFR Part 1910.134), employers must verify that any handler who uses a respirator is: • Fit-tested and fit-checked, • Trained, and • Examined by a qualified medical practitioner to ensure physical ability to safely wear the style of respirator to be worn. A qualified medical practitioner is a physician or other licensed health care professional who will evaluate the ability of a worker to wear a respirator. The initial evaluation consists of a questionnaire that asks about medical conditions (such as a heart condition) that would be problematic for respirator use. If concerns are identified, then additional evaluations, such as a physical exam, might be necessary. The initial evaluation must be done before respirator use begins. Handlers must be reexamined by a qualified medical practitioner if their health status or respirator style or use conditions change. Upon request by local/state/federal/tribal enforcement personnel, employers must provide documentation demonstrating how they have complied with these requirements. Page 2 USER SAFETY RECOMMENDATIONS Users should: x Wash hands before eating, drinking, chewing gum, using tobacco or using the toilet. Wash thoroughly with soap and water after handling. x Remove clothing/PPE immediately if pesticide gets inside. Then wash thoroughly and put on clean clothing. x 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 freshwater and estuarine/marine fish and aquatic invertebrates. Do not apply directly to water except as specified on this label. For terrestrial uses, 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. The active ingredient, azoxystrobin, in this product can be persistent for several months or longer. Azoxystrobin has degradation products which have properties similar to chemicals which are known to leach through soil to ground water under certain conditions as a result of agricultural use. Use of this chemical in areas where soils are permeable, particularly where the water table is shallow, may result in ground water contamination. Notify state and/or federal authorities and Nufarm immediately if you observe any adverse environmental effects due to use of this product. PHYSICAL OR CHEMICAL HAZARDS Do not mix or allow coming in contact with oxidizing agent. Hazardous chemical reaction may occur. DIRECTIONS FOR USE It is a violation of federal law to use this product in a manner inconsistent with its labeling. FAILURE TO FOLLOW THE USE DIRECTIONS AND PRECAUTIONS ON THIS LABEL MAY RESULT IN PLANT INJURY OR POOR DISEASE CONTROL 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. For any requirements specific to your state or tribe, consult the agency responsible for pesticide regulation. AGRICULTURAL USE REQUIREMENTS Use this product only in accordance with its labeling and with the Worker Protection Standard, 40 CFR Part 170. This Standard contains requirements for the protection of agricultural workers on farms, forests, nurseries, and greenhouses, and handlers of agricultural pesticides. It contains requirements for training, decontamination, notification, and emergency assistance. It also contains specific instructions and exceptions pertaining to
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