Pesticide Registration (PR) Notice 95-5: LABELING REVISIONS REQUIRED BY THE WORKER PROTECTION STANDARD
(WPS) FOR SALE OR DISTRIBUTION OF CERTAIN AGRICULTURAL
PESTICIDES AFTER OCTOBER 23, 1995
SPECIAL NOTES:
(1) Attachment 1, a flow chart, and the Reference Table noted in
Attachment 5, are not included here. For copies of Attachment 1
and Attachment 5 please contact:
Simon Canady or Rosa Joyner
Field Operations Division (7506C)
Certification, Training and Occupational Safety Branch
401 M Street S.W.
Washington DC 20460
Physical location and phone: Crystal Mall #2, Room 1121
703-305-7666 or 703-305-7371
(2) This document has been reformatted for posting on the internet and
therefore is not identical to the printed version. Text that must
appear within a box is indicated by comments: [box begins here],
[box ends here].
PR NOTICE 95-5
September 28, 1995
NOTICE TO MANUFACTURERS, FORMULATORS, PRODUCERS, REGISTRANTS, WHOLESALERS,
AND SELLERS OF AGRICULTURAL PESTICIDES
Attention: PERSONS RESPONSIBLE FOR REGISTRATION, SALE OR DISTRIBUTION OF
PESTICIDE PRODUCTS
Subject: LABELING REVISIONS REQUIRED BY THE WORKER PROTECTION STANDARD
(WPS) FOR SALE OR DISTRIBUTION OF CERTAIN AGRICULTURAL
PESTICIDES AFTER OCTOBER 23, 1995
This notice provides guidance to people who sell or distribute
pesticides on: 1) how to recognize pesticide products in their possession
that do not comply with the Worker Protection Standard (WPS) requirements,
2) how to bring all applicable product labels into compliance with WPS
requirements, so that such products may be legally sold and distributed
after October 23, 1995, 3) required actions by registrants, wholesalers,
and retailers in relabeling products, and 4) the deadline of October 23,
1996, by which all products within the scope of the WPS must bear final,
printed WPS replacement labeling (not supplemental labeling as described in
this notice).
TABLE OF CONTENTS
I. Applicability of this Notice and Definitions 3
II. How to recognize product labels that need to
be amended to comply with the WPS 4
III. How to revise product labels to comply with the WPS 5
A. Required Action 5
1. Registrant
2. Wholesaler
3. Retailer
B. Options for Relabeling 8
1. Final printed replacement labeling
2. Supplemental product-specific labeling
and STOP stickers
C. Where pesticide-specific relabeling may
occur 12
IV. How to revise product labels of Special Products
to comply with the WPS 13
A. Orphan or cancelled products 13
B. Buy-out or transferred products 14
C. Deleted-uses products 14
D. Dormant products 15
V. Waiver of submission of amended and final printed 16
labeling which complies with this notice
VI. Deadline for relabeling and final sale/distribution 16
VII. For further information and assistance 16
Attachments
Attachment 1: Flow Chart of Relabeling Process
Attachment 2: Scope Criteria: Determining WPS Applicability to Individual
Products (excerpt from PR Notice 93-7)
Attachment 3: Example of Agricultural Use Requirement box
Attachment 4: Single-Product, Product-Specific "SUPPLEMENTAL LABELING
WITH WORKER PROTECTION REQUIREMENTS"
Attachment 5: Multi-Product, Product-Specific "SUPPLEMENTAL LABELING WITH
WORKER PROTECTION REQUIREMENTS" (brochure)
Attachment 6: "SUPPLEMENTAL LABELING WITH GENERIC WORKER PROTECTION
REQUIREMENTS"
I. Applicability of this Notice and Definitions
A. Applicability
This notice applies to pesticide products that are within the scope of
the WPS, do not bear full WPS labeling, and are being sold or distributed
by any person, other than the registrant of the pesticide. Under this
notice the registrant has the option to either relabel the product or
authorize the person(s) holding the product for distribution or sale to
relabel the pesticide. Both the registrant and the person(s) holding such
pesticides are responsible for relabeling these products in accordance with
the WPS and this PR notice. This notice does not apply to growers, custom
applicators, or other persons holding product for their own use, unless
they also distribute and sell pesticides or are registrants.
The WPS labeling regulations (40 CFR Part 156, subpart K) require that
certain statements be placed on the labeling of all pesticide products
within the scope of the WPS. These statements reference the WPS and
certain practices intended to reduce or eliminate human exposure to
pesticides. The WPS establishes a schedule for meeting these labeling
requirements:
The schedule required that by April 21, 1994, all registrants of
pesticides covered by the WPS amend product labeling in accordance with PR
Notice 93-7 and 93-11. Most products sold or distributed by registrants
since April 21, 1994, should have labeling that complies with the WPS.
However, wholesalers and retailers may have stocks of product that do not
have WPS complying labeling. These stocks may originate from sources such
as:
(1) products shipped by registrants before the April 21, 1994 date;
(2) products distributed or sold by registrants under the "released for
shipment" option allowed under PR Notice 93-11 (products could be sold
or distributed after April 21, 1994 without the WPS label if the
registrant agreed to either (a) recall and relabel or (b) relabel them
at wholesaler sites through an "authorized agent" of the registrant by
April, 1996); and
(3) "deleted use" products, for which the registrant has amended the
registration to delete certain uses thereby putting the product
outside the scope of the WPS (see Section IV.C).
The WPS provides that any person other than a registrant (e.g.,
pesticide retailers or wholesalers) who has under their ownership, custody
or control existing stock of product that is within the scope of the WPS
but does not bear WPS labeling may NOT legally sell or distribute the
product after October 23, 1995. The primary purpose of this notice is to
describe the process for relabeling to come into compliance the deadline.
As described above, wholesalers and retailers may have stocks of product
which do not have labeling which complies with the WPS.
B. Definitions
The following definitions apply for the purposes of this notice:
Registrant: Any person who has registered any pesticide pursuant
to the provisions of the Federal Insecticide,
Fungicide, Rodenticide Act (FIFRA). A supplemental
distributor is considered an agent of the registrant.
Wholesaler: Any person, other than a registrant, who distributes
or sells pesticides to persons other than end-users.
Retailer: Any person, other than a registrant, who distributes
or sells pesticides to end-users.
Distribute or To distribute, sell, offer for sale, display, hold
sell for distribution, hold for sale, hold for shipment,
ship, deliver for shipment, release for shipment, or
receive and (having so received) deliver or offer to
deliver. These terms do not include the holding or
application of registered pesticides or use dilutions
thereof by any applicator who provides a service of
controlling pests without delivering any unapplied
pesticide to any person so served.
Label The written, printed, or graphic matter on, or
attached to, the pesticide or device or any of its
containers or wrappers.
Labeling All labels and all other written, printed, or graphic
matter -- a) accompanying the pesticide or device; or
b) to which reference is made on the label or in
literature accompanying the pesticide or device.
II. How to recognize product labels that need to be amended to comply with
the WPS
If a product has labeling required under the WPS, the labeling will
have an Agricultural Use Requirements box and can be sold or distributed
after October 23, 1995 without further action. The Agricultural Use
Requirements box references the WPS and requires certain practices intended
to reduce or eliminate worker and handler exposure from pesticides. The box
includes restricted-entry intervals, personal protective equipment, and the
notification requirement for pesticide-treated areas. An example of an
Agricultural Use Requirements box is in Attachment 3.
If a product's labeling does not have an Agricultural Use Requirements
box, you will need to determine whether it is within the scope of the WPS
and, therefore, requires WPS labeling. In some cases you may be able to
quickly identify a product that requires WPS labeling because other
containers of the same product, that have been produced more recently, bear
the following:
Labeling with an Agricultural Use Requirements box that refers
to the WPS; or
Stickers referring to supplemental replacement labeling which
contains such an Agricultural Use Requirements box.
Products accompanied only by generic supplemental labeling as
outlined in PR Notice 93-11 are not considered labeled in compliance with
the WPS provisions after October 23, 1995. Products that do bear complying
WPS labeling include those relabeled in accordance with Supplement D of PR
Notice 93-11 (by using a sticker or similar modification to an existing
label and full product-specific labeling referenced by the sticker).
To determine whether any product is within the scope of the WPS, refer
to Attachment 2 (Determining WPS Applicability to Individual Products) or
call the registrant of the product. To get additional assistance, you may
contact an industry-sponsored "WPS Task Force" at 1-800-713-2291, after
October 15, 1995.
III. How to revise product labels to comply with the WPS
A. Required Actions
1. Registrant
Conduct or authorize relabeling. Registrants are responsible
for ensuring that relabeling of non-complying products takes
place in accordance with the WPS and this PR Notice. They may
choose to conduct relabeling by recalling the product and
relabeling with final printed replacement labeling at a
registered establishment or relabeling at the location of the
product; or authorize a wholesaler or retailer to relabel in
accordance with this PR notice.
Refer to Sections III.B. and IV. which provide options and
required specifications for relabeling.
Provide written authorization for relabeling to retailers and
wholesalers. The registrant must provide a written
authorization to a wholesaler or retailer who agrees to relabel
non-complying product. The authorization should outline the
specific roles of the retailer, wholesaler, and registrant in
relabeling. Registrants are fully responsible for ensuring that
labeling modifications are carried out correctly by any person
or company they authorize. Any limitations on who may be
authorized to carry out relabeling under this PR Notice must be
explicit in the authorization document. The authorization
cannot change the responsibilities of any of the parts or terms
of this PR notice. (Notice: Any relabeling of products with WPS
labels must be in cooperation with all involved parties, and
under the written authorization of the registrant.)
Provide product-specific WPS labeling. The registrant must
provide labeling, to those they authorize to conduct relabeling,
that complies with the WPS and this PR notice (including "STOP
stickers," if supplemental labeling is used -- see Section
III.B.2 and IV. for a description and specifications for "STOP
stickers") for all products within the scope of the WPS. The
next sections describe options and established requirements for
labels, labeling, and "STOP stickers."
2. Wholesaler
Wholesalers (any person, other than registrants, who distributes or
sells pesticides to persons other than end-users) must take the following
actions:
Registrant authorization for relabeling at wholesaler
establishment. The registrant may authorize a wholesaler,
retailer or other person(s) to perform relabeling. Any
relabeling of products must be performed under the written
authorization of the registrant. (See Section III.A.1 ) If the
registrant will not perform relabeling or authorize you or
another party to relabel, you should contact EPA's Registration
Division (703-305-6250) for instructions on how to proceed with
those products.
Refer to Sections III.B. and IV. which provide options and
required specifications for relabeling.
Do not distribute products, except as permitted by this Notice.
Products within the scope of the WPS that do not bear WPS
labeling may not be legally distributed or sold after October
23, 1995. However this PR notice allows the wholesaler to ship
non-complying product prior to relabeling, if (1) the wholesaler
has notified and obtained agreement of the receiving person(s)
to ensure that WPS relabeling will occur before the product is
'offered for sale' or distribution to the end user and (2) the
registrant will either conduct or has authorized relabeling.
For the purposes of this PR notice only, pesticides are
considered "offered for sale" whenever they are available in
areas accessible to customers, unless they are clearly
identified as products which may not be sold until relabeled.
Industry-sponsored assistance. To get assistance in relabeling
products to comply with the WPS, you may contact the
industry-sponsored "WPS Task Force" at 1-800-713-2291, after
October 15, 1995. This service will help identify which
specific products are covered by the WPS and need WPS-complying
labeling and distribute STOP stickers and required WPS
supplemental labeling for registrants participating in the
service. Other requests will be referred to other
organizations.
3. Retailer
Retailers (any person, other than registrants, who distributes or
sells pesticides to end-users) must take the following actions:
Do not offer for sale after October 23, 1995, except as allowed
by this Notice. Products may not be distributed or sold after
October 23, 1995 unless they comply with the WPS. This PR
notice allows products to be relabeled under certain
specifications prior to being "offered for sale." For the
purposes of this PR notice only, pesticides are considered
"offered for sale" whenever they are available in areas
accessible to customers, unless they are clearly identified as
products which may not be sold until relabeled.
Registrant authorization for relabeling at retailer
establishment. The registrant may authorize a wholesaler,
retailer or other person(s) to perform such relabeling. Any
relabeling of products must be performed under the written
authorization of the registrant. (See Section III.A.1 ) If the
registrant will not perform relabeling or authorize you or
another party to relabel, you should contact EPA's Registration
Division (703-305-6250) for instructions on how to proceed with
those products.
Refer to Sections III.B. and IV. which provide options and
required specifications for relabeling.
Industry-sponsored assistance. To get assistance in relabeling
products to comply with the WPS, you may contact the
industry-sponsored "WPS Task Force" at 1-800-713-2291, after
October 15, 1995. This service will help identify which
specific products are covered by the WPS and need WPS-complying
labeling and distribute STOP stickers and required WPS
supplemental labeling for registrants participating in the
service. Other requests will be referred to other
organizations.
B. Options for Relabeling
The options described below apply to the majority of products covered
by this PR Notice, i.e., stocks of registered products subject to the WPS
which do not have required WPS labeling. Other products are described and
addressed in Section IV. as "Special Products."
1. Final printed WPS-complying replacement labeling
Products may be relabeled by replacing existing labeling with final
printed WPS-complying replacement labeling supplied by the registrant of
the product. Such labeling must be printed on or affixed to the product
package. If affixed, it must be difficult to remove without residue or
damage to the underlying packaging or labeling it is replacing. If final
printed replacement labeling is used, it must meet the above standards as
well as those required by the WPS.
Replacement labeling may also be designed to modify existing labeling
by adding the required WPS labeling statements without replacing the entire
existing labeling. If this option is chosen, the replacement labeling must
be designed and affixed in such a way so as to not alter or obscure the
other portions of the label text that remain unchanged. Under this option,
an additional supplement containing WPS requirements can not be developed.
Additionally, replacement labeling must be affixed in such a manner as to
cover any existing labeling statements or requirements that are superseded
by WPS requirements.
If the product bears existing labeling on the outer packaging and the
immediate container, the replacement labeling must be affixed to both.
NOTE: For inner water soluble packages, the outer package, but not the
immediate container, will require replacement labeling.
2. Supplemental product-specific labeling
Alternatively, products may be relabeled by using supplemental
product-specific labeling that is provided with each product when it is
offered for sale to the end user, provided that a "STOP sticker" is affixed
to the label and the sticker meets the requirements as specified below.
The supplemental product-specific labeling must be supplied by the
registrant of the product.
Supplemental labeling can be presented in two formats:
Single-Product Supplement that contains labeling information for
only the specific product the end-user is buying. This labeling
must display the full text of current product labeling or
partial text that includes complete WPS-complying labeling (as
EPA-accepted or registrant-verified). See attachment 4 for an
example; OR
Multi-Product Supplement that contains labeling information for
all products for a specific registrant. WPS information
required to appear on all product labels may appear in the
brochure only once, along with product-specific WPS information
presented for each product covered by the brochure. The generic
(non product specific) information must be part of the brochure.
This option is NOT available for fumigant products because of
the specialized nature of the fumigant label. See attachment 5
for an example of a brochure.
Supplemental Product-Specific Labeling Specifications
Supplemental replacement labeling must meet the following
specifications:
Title -- The supplemental labeling must prominently bear the
words "SUPPLEMENTAL LABELING WITH WORKER PROTECTION
REQUIREMENTS" at the top of the first page or be in a pouch
prominently displaying the words "SUPPLEMENTAL LABELING WITH
WORKER PROTECTION REQUIREMENTS," attached to the container.
Content -- Supplemental labeling can be presented in a
single-product supplement or a multi-product brochure.
Single-product supplements include labeling information for only
the product the end-user is buying. These supplements will
contain either the full text of current product labeling or the
partial text that includes only the complete WPS product
labeling information, a contact phone number for the registrant,
and no other information unrelated to the products' labeling.
See attachment 4 for an example of a single-product supplement.
Multi-product brochures must contain complete WPS product
labeling information for all products that are within scope of
the WPS for the registrant, a contact phone number for the
registrant, and no other information unrelated to the products'
labeling. If a brochure includes multiple products with similar
names (e.g., Weed Killer 4EC, Weed Killer 10WP), the brochure
must contain an advisory statement located near such a grouping
reminding users to carefully match the WPS requirements in the
brochure with the particular product they are using. See
attachment 5 for an example of a multi-product brochure. This
option is NOT available for fumigant products.
Supplemental distributors must develop separate brochures using
their product names if these names differ from the registrant's
product names. However, "buyout/transferred," "orphaned/
cancelled," and "dormant" products for which WPS label language
has been approved by EPA (all described in Section IV) may be
included in the same brochure if the following conditions are
met. "Buyout/transferred" products can be included only if both
registration numbers are listed in the reference table and the
brochure cover specifies previous registrants' names represented
on the "transferred" products' labels and that these products
have been transferred to the existing registrant, (e.g., this
brochure also contains products previously owned by companies B,
C, and D but now owned by company A...). If "orphaned /
cancelled" products are included, then the reference table
should specify "cancelled: generic instructions" for each such
product and should indicate the specific generic requirements
for each particular pesticide's label (requirements will vary
with different labels -- see attachment 6).
Optional information for both single-product supplements and
multi-product brochures includes: complete registrant
identification, including company logo; statements clearly
connecting the brochure with the "STOP stickered" product;
footnotes explaining chemical resistant categories for gloves,
respirators, etc.; statements to clarify information given in
the brochure; and statements concerning discarding, washing, or
maintenance of personal protective equipment, user safety
recommendations, Spanish language warnings, and Engineering
Control Statements.
Highlighting -- If the registrant has chosen to use a
multi-product brochure, instead of a single-product supplement,
EPA strongly encourages that the wholesaler or retailer
highlight or clearly identify in the brochure the specific
product(s) being sold or distributed to the end user. This will
assist the end-user in quickly identifying the requirements for
the specific product before pesticide application.
Location -- EPA strongly encourages physically attaching the
supplemental labeling to product containers to ensure end-users
receive the supplemental labeling. (Note: It is a violation of
the WPS and this notice to sell or distribute products with
non-complying labels or "offer such products for sale", to the
end-user without providing the appropriate supplemental
labeling.) If the labeling is not attached, it must be located
in close physical proximity (i.e., immediately adjacent or next
to) and accompany the product when the product is offered for
sale to the end-user. When products are "offered for sale" to
the end user, the supplemental labeling must be placed in such a
way that it is clear which labeling corresponds to which
product. Therefore, single-product supplemental labeling for
different products and multi-product brochures for different
registrants should not be mixed.
Format -- The supplemental replacement labeling may be
photocopied, provided all text is legible. Illegible
photocopies and faxes are unacceptable. The User Safety
Recommendations and Agricultural Use Requirements must each be
located in a clearly separate box with lines or other graphic
indicators to separate them from the surrounding text. Location
and formatting of supplemental label information should be
consistent with PR Notices 93-7 and 93-11 to the extent
possible.
"STOP Sticker" Specifications
If supplemental product-specific labeling will be used (instead of
final printed replacement labeling as defined in Section III.B.1) a "STOP
sticker" must be applied only to those products that bear a label which has
not been revised to comply with complete WPS requirements. If multiple
products are contained on pallets or in shipping containers, these
containers must be opened and a "STOP sticker" must be affixed to each
individual product container and outside container before the product is
offered for sale to the end-user. (The immediate containers of water
soluble packages do not have to be stickered.)
"Stickering" of products must be carried out according to the
following specifications:
Required Text -- "STOP! Use this product only in accordance
with the Worker Protection Standard, 40 CFR Part 170, and the
"SUPPLEMENTAL LABELING WITH WORKER PROTECTION REQUIREMENTS,"
which must be provided when the product is offered for sale.
Otherwise, you are in violation of FIFRA. For more copies of
the labeling, contact your dealer or call 1-800-713-2291.
Product labels that must not receive stickers -- "STOP stickers"
must NOT be applied to product labels that already comply with
WPS requirements or that do not require a WPS label. For
instance, deleted-use products discussed in Chapter IV of this
document must not receive a sticker or WPS labeling.
Timing -- The sticker must be affixed to the product container
prior to the time the product is offered for sale to the
end-user.
Prominence -- The sticker must be legible and prominent on the
product package through use of contrasting colors or other
graphic devices and must be placed on the label of each product
container.
Location -- It must be printed on or affixed to the product
container. If affixed, it must be difficult to remove without
residue or damage to underlying packaging or labeling and it
must not be located on the bottom of the package or any other
place that will not readily be noticed by users. If the product
bears labeling on both outer packaging and immediate container,
the sticker must be affixed to both. However, inner water
soluble packages need not be modified under this approach.
Obscuring Existing Language -- The sticker must not obscure any
information on the existing label.
Highlighting Specific Products in Brochures. EPA strongly
encourages that the retailer highlight or clearly identify in
the brochure the specific product(s) being sold or distributed
to the end user. This will assist the end-user in quickly
identifying the requirements for the specific product before
pesticide application.
C. Where relabeling may occur
WPS-related relabeling under this PR Notice may occur at any site
(such as wholesale or retail sites) without registration of the site as a
pesticide-producing establishment. Under this PR Notice, relabeling of
stocks of products with non-complying labels may only be carried out by
persons acting under the authority of the registrant as an "authorized
agent" of the registrant.
IV. How to revise product labels of Special Products to comply with the
WPS
A. Orphaned or Cancelled Products
These products are those whose registrants are no longer in business
or have been cancelled pursuant to FIFRA Section 4 or 6. Both have not
been transferred to another registrant (for "transfers" of registrations or
"buyouts" see IV.B.)
EPA will allow sale or distribution of a pesticide product which is an
orphaned or cancelled product, after October 23, 1995, provided the product
labeling is first modified to comply with the requirements below. Labels
of orphan or cancelled products may be modified by using a "STOP sticker"
and generic supplemental labeling that is provided when the product is
being offered for sale to the end-user and meets certain requirements as
specified below. WPS-related relabeling under this PR Notice, including
generic supplemental labeling may occur at any site (except a registrant's
site) by any retailer or wholesaler.
The required generic supplemental labeling is attached to this notice
(see Attachment 6). The fumigant generic supplemental labeling must be
furnished to purchasers of agricultural fumigants; the non-fumigant generic
supplemental labeling must be furnished to purchasers of all other
agricultural pesticides, except ethyl parathion products.
NOTE: ETHYL PARATHION PRODUCTS: Holders of stocks on products without
WPS-complying labels may not use the option of generic supplemental
labeling described below and should contact the registrant of such products
or, if necessary, EPA for guidance.
Supplemental generic labeling specifications
Title -- The supplemental labeling must prominently bear the
words "SUPPLEMENTAL LABELING WITH GENERIC WORKER PROTECTION
REQUIREMENTS" at the top of the first page or be in a pouch
prominently displaying the words "SUPPLEMENTAL LABELING WITH
GENERIC WORKER PROTECTION REQUIREMENTS" attached to the
container.
Content -- As appropriate to the type of product, the generic
supplemental labeling must contain the complete text of the
labeling contained in Attachment 6 in this notice.
Location -- EPA strongly encourages physical attachment of the
supplemental labeling to product containers to ensure end-users
receive the supplemental labeling. (Note: It is a violation of
the WPS and this notice to sell or distribute products with
non-complying labels or offer such products for sale, to the
end-user without providing the appropriate supplemental
labeling.) If the labeling is not attached, it must be located
in close physical proximity to (i.e., immediately adjacent or
next to) and accompany the product when the product is offered
for sale to the end-user. See specifically Section II.B. 2
"Supplemental Product-Specific Labeling Specification" --
"Content" and "Highlighting" for information about cancelled or
orphaned products listed in multi-product brochures.
Format -- The generic supplemental labeling should be similar to
that attached to this notice, with all text legible.
"STOP Sticker" Specifications for Generic Supplemental Labeling
"Stickering" of orphaned or cancelled products is only allowed
according to the specifications in Section III.B.2.
B. Buy-out or transferred products
These are stocks of products that have been transferred to another
registrant who has responsibility for the product's registration. The
existing stocks have the original company's name and registration number.
The new registrant may choose one of the following options to deal
with these products:
Recall and relabel/repackage -- Recall the products and
repackage/relabel them at a registered establishment with final
printed replacement labeling, or
Product-specific relabeling -- Conduct or authorize relabeling of
products with either final printed product-specific, WPS-complying
replacement labeling or supplemental product-specific replacement
labeling and a "STOP sticker" that meets certain requirements.
Relabeling must occur in accordance with Section II.B. See
specifically Section II.B. 2 "Supplemental Product-Specific Labeling
Specification" -- "Content" for information about including
"transferred" products in multi-product brochures. Note: Generic
Supplemental Labeling may NOT be used for these products.
C. Deleted-Use Products
These are products for which the registrant has amended the
registration to delete certain uses thereby making the product outside the
scope of the WPS. There may be existing stocks of such products that still
have the previous label and are thus within the WPS scope.
The registrant should choose one of the following options to relabel
these products:
Recall and repackage/relabel -- Recall the products and
repackage/relabel them at a registered establishment with the current
labeling that has been amended to delete WPS uses.
Product-specific relabeling -- Conduct or provide a written
authorization for relabeling of products with the current labeling
that has been amended to delete any WPS uses. Products can be
relabeled by replacing existing labeling with the current final
printed replacement labeling or marking/blocking out all WPS uses and
references to WPS uses (e.g., use directions).
If final printed replacement labeling is used, the amended labeling
must completely block the previous label. It must be securely affixed
to the product package and be difficult to remove without residue or
damage to the underlying packing or labeling. If the option to
mark/block out all WPS references is chosen, all WPS uses and
references to WPS uses must be completely blocked and no other
portions of the label text that remain unchanged must be altered or
obscured.
If the registrant is unwilling to recall, relabel, or authorize
relabeling as described above, you should contact EPA's Registration
Division (703-305-6250) for instructions on how to proceed with those
products.
D. Dormant Products
These are products where no quantity of the product has been produced
and distributed after April 21, 1994 and for which registrants elected to
defer labeling amendments. If there are products left in the channels of
trade, they must not be sold or distributed after October 23, 1995. In
this situation, the registrant has these options:
Product-specific relabeling -- Amend the product registration to
include the WPS requirements and either (1) recall and
relabel/repackage or (2) conduct or provide a written authorization
for relabeling of products at the product's location in accordance
with Section III. of this notice.
Relabeling with non-WPS label -- Amend the product registration to
delete any WPS uses and either (1) recall and relabel/repackage or (2)
conduct or provide a written authorization for relabeling of products
at the product's location with the updated, non-WPS label (follow
Section IV.C); OR
Generic labeling -- Voluntarily cancel the registration and follow all
requirements in Section IV. A., for orphaned or cancelled products,
which describes relabeling with supplemental generic replacement
labeling;
V. Waiver of submission of amended and final printed labeling which
complies with this notice
Normally, amendments to labels and labeling are accomplished either by
submission of an application or a notification to EPA. However, because
the labeling of products subject to this notice has already been amended
and because submission of the generic supplemental labeling and STOP
stickers would serve no purpose, EPA waives the requirement for submission
of any labeling or supplemental labeling which has been amended in
accordance with this PR Notice [40 CFR 152.44(b)(1)]. Similarly, EPA
waives the requirement for submission of final, printed labeling of generic
supplemental labeling or STOP stickers which comply with this PR Notice.
VI. Deadline for relabeling and final sale
By October 23, 1996, all products being distributed or sold must bear
final printed, WPS-complying, replacement labeling that conforms to
III.B.1. of this PR Notice. Supplemental product-specific replacement
labeling will NOT be allowed after this date.
Retailers or wholesalers of orphan or cancelled products may still use
generic supplemental replacement labeling and "STOP stickers" in accordance
of IV. A. of this PR Notice after October 23, 1996.
VII. For further information and assistance
Information and assistance is available from an industry-sponsored
"WPS Task Force" at 1-800-713-2291 after October 15, 1995. Additionally,
the EPA headquarters number for assistance is (703) 305-6250.
/s/
Daniel M. Barolo, Director
Office of Pesticide Programs
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