[Code of Federal Regulations]
[Title 40, Volume 23]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR156.85]

[Page 71]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 156_LABELING REQUIREMENTS FOR PESTICIDES AND DEVICES--Table of Contents
 
       Subpart E_Environmental Hazard and Precautionary Statements
 
Sec. 156.85  Non-target organisms.

    (a) Requirement. Where a hazard exists to non-target organisms, EPA 
may require precautionary statements of the nature of the hazard and the 
appropriate precautions to avoid potential accident, injury, or damage.
    (b) Examples. The statements in this paragraph illustrate the types 
of hazard statements that EPA may require and the circumstances under 
which they are typically required. These statements are not 
comprehensive; other statements may be required if more appropriate to 
the formulation or use.
    (1) If a pesticide intended for outdoor use contains an active 
ingredient with a mammalian acute oral LD50 of 100 mg/kg or 
less, the statement, ``This pesticide is toxic to wildlife'' is 
required.
    (2) If a pesticide intended for outdoor use contains an active 
ingredient with a fish acute LC50 of 1 ppm or less, the 
statement, ``This pesticide is toxic to fish'' is required.
    (3) If a pesticide intended for outdoor use contains an active 
ingredient with an avian acute oral LD50 of 100 mg/kg or 
less, or a subacute dietary LC50 of 500 ppm or less, the 
statement, ``This pesticide is toxic to wildlife'' is required.
    (4) If either accident history or field studies demonstrate that the 
use of the pesticide may result in fatality to birds, fish or mammals, 
the statement, ``This pesticide is extremely toxic to wildlife (fish)'' 
is required.
    (5) If a product is intended for or involves foliar application to 
agricultural crops, forests or shade trees, or mosquito abatement 
treatments, and contains a pesticide toxic to pollinating insects, the 
label must bear appropriate label cautions.
    (6) If a product is intended for outdoor use other than aquatic 
applications, the label must bear the caution, ``Keep out of lakes, 
ponds or streams. Do not contaminate water by cleaning of equipment or 
disposal of wastes.''

Subparts F-G [Reserved]