2000 - Pesticide Registration Notices

Date: Nov 30, 2000

PR Notice 2000-1 - Applicability of Treated Articles Exemption to Antimicrobial Pesticides (February 3, 2000 with corrections on March 6, 2000)

Provides guidance on the type of claims deemed acceptable for products within the treated articles exemption and on the requirement that the pesticide in a treated article be "registered for such use."

For additional information on issues related to the labeling and registration of treated articles, check out the following:

PR Notice 2000-2 -The FIFRA Endangered Species Task Force (April 17, 2000)

Announces the formation of the FIFRA Endangered Species Task Force (FESTF). FESTF is an industry-wide task force formed in 1994 to enable members to share in the cost of meeting EPA data requirements related to the potential impact of pesticides on threatened or endangered species.

As part of each registration and reregistration action, EPA intends to impose data requirements on endangered species localities, as appropriate, based on the properties and proposed uses of each particular pesticide. If a registrant or applicant is required to present data regarding impact on endangered species in a particular locality then it may (1) join the FESTF, (2) cite to FESTF's work and offer to share costs, or (3) submit its own data.

PR Notice 2000-3 -First Aid Statements on Pesticide Product Labels (April 11, 2000)

Announces significant changes to the format and content of first aid statements that are required on pesticide labels. EPA expects that all product labels will be revised to incorporate the label changes by October 1, 2001.

PR Notice 2000-4 -Instructions for Transmitting Information to the Office of Pesticide Programs (April 25, 2000)

Provides new instructions for sending or delivering mail to EPA's Office of Pesticide Programs (OPP). These instructions include a list of the appropriate mail codes and distribution codes for use in submitting items to OPP.

PR Notice 2000-5 -Guidance for Mandatory and Advisory Labeling Statements (May 10, 2000)

Intended to improve the clarity of mandatory and advisory labeling statements. EPA advises that registrants may no longer add or change advisory labeling statements to existing products by notification. Instead, registrants must submit an application for amended registration to implement such changes.

PR Notice 2000-6 -Minimum Risk Pesticides Exempted under FIFRA Section 25(b) Clarification of Issues (May 7, 2000)

Establishes policy on how to formulate pesticides to meet the exemption for minimum risk pesticides under FIFRA section 25(b). The Agency explains: (1) how to tell if a product qualifies for the exemption; (2) what ingredients are permissible in minimum risk pesticides; (3) what information must or must not be on the product's label; (4) food tolerance requirements; and (5) the impact of state regulation of such products.

PR Notice 2000-7 -Non-Dietary Exposure Task Force (August 4, 2000)

Announces formation of an industry-wide task force to develop residential indoor exposure data for pesticides containing one or more of the active ingredients synthetic pyrethroids, pyrethrum and synergists. In the future EPA may require indoor exposure data to support applications, existing registrations, or tolerance assessments and reassessments.

PR Notice 2000-8 -Reportability of Attorney's Opinions and Conclusions under 40 C.F.R. Part 159 and FIFRA Section 6(a)(2)

Establishes policy recognizing that opinions and conclusions rendered as the professional legal judgment of an attorney need not be reported under 40 C.F.R. part 159's requirements for reporting adverse effects on the environment of a pesticide. However, the Agency notes that an attorney's opinions and conclusions may become reportable if offered while an attorney engages in activities that do not necessarily call for professional legal judgment. EPA observes that registrants cannot shield themselves from the reporting requirements by simply having attorneys performing information-gathering activities.

PR Notice 2000-9 -Worker Risk Mitigation for Organophosphate Pesticides (September 29, 2000)

Describes the Agency's policy for managing risk to workers who may be exposed to organophosphate pesticide products in occupational settings. The notice includes a discussion of various types of mitigation measures although measures specific to individual chemicals will be announced in the future through EPA's interim risk management decision documents. The Agency also outlines the steps it will take in situations in which baseline mitigation measures are not feasible or maximum feasible mitigation measures prove inadequate. Finally, EPA advises that any changes to pesticide labels as a result of worker risk mitigation measures will be handled during reregistration.

Draft PR Notices
(Note: These notices have been issued in draft form for public comment and may be amended before they are issued in final form.)

Draft PR Notice 2000-xx - List of Pests of Public Health Significance (Notice of Availability published in Federal Register on March 29, 2000 with an additional notice published on June 8, 2000 extending the deadline for comments until July 30, 2000)

Lists pests of "significant public health importance" in accordance with the mandate of Section 28(d) of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). EPA will use this list to help identify public health pesticides. Applications for registration of public health pesticide products may be expedited and such products may qualify for an exemption from the annual maintenance fees required by section 4(i)(5) of FIFRA.

Draft PR Notice 2000-xx - Indoor Residential Insecticide Product Label Statements (Notice of Availability published in Federal Register on March 29, 2000)

Provides guidance on the labeling of insecticide products registered for indoor residential use in attempt to reduce unnecessary applications and exposure. The notice notes specific examples of desired language for use on the product labels. EPA is requesting that registrants subject to this notice submit an application for amended registration. EPA continues to encourage registrants to formulate products for residential use as Ready-to-Use products (e.g., pump sprayers or aerosol formulations as compared to those that must be diluted or handled in concentrated form).

Draft PR Notice 2000-xx - Guidance for Pesticide Registrants on Disposal Instructions on Residential/Household Use Pesticide Product Labels (Notice of Availability published in Federal Register on June 14, 2000)

Supersedes several earlier PR Notices concerning the development of disposal instructions for residential/household use pesticide product labels. EPA provides modified text for use in product labeling and explains how to determine if a product is a residential/household use pesticide product.

For more information, please contact Trent M. Doyle at 202-434-4161 or by e-mail at doyle@khlaw.com.