[Federal Register Volume 65, Number 91 (Wednesday, May 10, 2000)]
[Notices]
[Pages 30113-30115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11679]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-00644; FRL-6495-3]


Pesticides; Draft Guidance for Pesticide Registants on Labeling 
Insect Repellents

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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SUMMARY: The Agency is seeking comments on the draft Pesticide 
Registration (PR) Notice regarding insect repellents labeling 
restrictions for use on infants and children as well as restrictions on 
food fragrances and food colors. EPA is concerned that packaging and 
labeling specifically targeted to children may encourage inappropriate 
handling and use of such products by children notwithstanding the lower 
profile presence of label language prohibiting handling or use by 
children.

DATES: Comments, identified by docket control number OPP-00644, must be 
received on or before July 10, 2000.

ADDRESSES: Comments may be submitted by mail, electronically, or in 
person. Please follow the detailed instructions for each method as 
provided in Unit I.C. of the SUPPLEMENTARY INFORMATION. To ensure 
proper receipt by EPA, it is imperative that you identify docket 
control number OPP-00644 in the subject line on the first page of your 
response.

FOR FURTHER INFORMATION CONTACT: Robyn Rose, Environmental Protection 
Agency (7511C), 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone number: (703) 308-9581; fax number: (703) 308-7026; e-mail 
address: <a href="/cdn-cgi/l/email-protection#4a3825392f6438252833240a2f3a2b642d253c"><span class="__cf_email__" data-cfemail="7705180412590518150e193712071659101801">[email protected]</span></a>.

[[Page 30114]]


SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply to Me?

    This action is directed to the public in general. Although this 
action may be of particular interest to those persons who manufacture 
and/or register products that repel insects from humans, the Agency has 
not attempted to describe all the specific entities that may be 
affected by this action. If you have any questions regarding the 
information in this notice, consult the person listed under FOR FURTHER 
INFORMATION CONTACT.

B. How Can I Get Additional Information, Including Copies of This 
Document or Other Documents?

    1. Electronically. You may obtain electronic copies of this 
document and the draft PR Notice from the Office of Pesticide Programs' 
Home Page at http://www.epa.gov/pesticides. You can also go directly to 
the listings from the EPA Internet Home Page at http://www.epa.gov. To 
access this document, on the Home Page select ``Laws and Regulations'' 
and then look up the entry for this document under the ``Federal 
Register--Environmental Documents.'' You can also go directly to the 
Federal Register listings at http://www.epa.gov/fedrgstr.
    2. Fax on Demand. You may request a faxed copy of the draft 
Pesticide Registration (PR) Notice entitled ``Insect Repellents: 
Labeling Restrictions for Use on Infants and Children and Restrictions 
on Food Fragrances and Colors,'' by using a faxphone to call (202) 401-
0527 and selecting item 6123. You may also follow the automated menu.
    3. In person. The Agency has established an official record for 
this action under docket control number OPP-00644. The official record 
consists of the documents specifically referenced in this action, any 
public comments received during an applicable comment period, and other 
information related to this action, including any information claimed 
as confidential business information (CBI). This official record 
includes the documents that are physically located in the docket, as 
well as the documents that are referenced in those documents. The 
public version of the official record does not include any information 
claimed as CBI. The public version of the official record, which 
includes printed, paper versions of any electronic comments submitted 
during an applicable comment period, is available for inspection in the 
Public Information and Records Integrity Branch (PIRIB), Rm. 119, 
Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA, from 8:30 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The 
PIRIB telephone number is (703) 305-5805.

C. How and to Whom Do I Submit Comments?

    You may submit comments through the mail, in person or 
electronically. To ensure proper receipt by EPA, it is imperative that 
you identify docket control number OPP-00644 in the subject line on the 
first page of your response.
    1. By mail. Submit your comments to: Public Information and Records 
Integrity Branch (PIRIB), Information Resources and Services Division 
(7502C), Office of Pesticide Programs (OPP), Environmental Protection 
Agency, Ariel Rios Bldg., 1200 Pennsylvania Ave., NW., Washington, DC 
20460.
    2. In person or by courier. Deliver your comments to: Public 
Information and Records Integrity Branch (PIRIB), Information Resources 
and Services Division (7502C), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1921 
Jefferson Davis Highway, Arlington, VA. The PIRIB is open from 8:30 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The 
PIRIB telephone number is (703) 305-5805.
    3. Electronically. You may submit your comments electronically by 
e-mail to: ``<a href="/cdn-cgi/l/email-protection#076877772a6368646c62734762776629606871"><span class="__cf_email__" data-cfemail="0f607f7f226b606c646a7b4f6a7f6e21686079">[email protected]</span></a>,'' or you can submit a computer disk as 
described above. Do not submit any information electronically that you 
consider to be CBI. Avoid the use of special characters and any form of 
encryption. Electronic submissions will be accepted in Wordperfect 6, 
Suite 8, or ASCII file format. All comments in electronic form must be 
identified by docket control number OPP-00644. Electronic comments may 
also be filed online at many Federal Depository Libraries.

D. How Should I Handle CBI Information That I Want To Submit to the 
Agency?

    Do not submit any information electronically that you consider to 
be CBI. You may claim information that you submit to EPA in response to 
this document as CBI by marking any part or all of that information as 
CBI. Information so marked will not be disclosed except in accordance 
with procedures set forth in 40 CFR part 2. In addition to one complete 
version of the comment that includes any information claimed as CBI, a 
copy of the comment that does not contain the information claimed as 
CBI must be submitted for inclusion in the public version of the 
official record. Information not marked confidential will be included 
in the public version of the official record without prior notice. If 
you have any questions about CBI or the procedures for claiming CBI, 
please consult the person identified under FOR FURTHER INFORMATION 
CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the notice or collection 
activity.
    7. Make sure to submit your comments by the deadline in this 
notice.
    8. To ensure proper receipt by EPA, be sure to identify the docket 
control number assigned to this action in the subject line on the first 
page of your response. You may also provide the name, date, and Federal 
Register citation.

II. Background

A. What Guidance Does This Draft PR Notice Provide?

    The draft PR Notice referred to in this notice states EPA's current 
position on insect repellent claims targeted for use specifically on 
infants and children. Such products have typically borne statements 
such as, ``Outdoor Protection for Kids'' or ``* * * for children'' or 
``* * * for kids'' or graphics featuring pictures of children. EPA 
believes that all claims as well as pictures of food or items 
predominantly associated with infants and children (e.g., toys) may be 
misleading and the Agency does not intend to approve such claims in 
future registration applications. Additionally, this draft PR Notice 
states EPA's current position on insect repellents formulated to 
contain colors and fragrances predominantly associated with food (e.g., 
grape, watermelon, or orange). This draft PR Notice outlines the 
procedure and time frame for registrants of currently registered insect 
repellents with claims targeted for use specifically on infants and 
children or containing

[[Page 30115]]

food colors or fragrances to make appropriate changes to product 
labels. EPA believes that the label changes and policy clarification 
set forth in this draft PR Notice will reduce risks associated with the 
use of currently registered products and will improve consumer 
understanding.

B. What Questions/Issues Should You Consider?

    Would any combination of allowing child friendly graphics, food 
fragrances, or food colors increase the potential for children to want 
to ingest the product? What combinations should or should not be 
allowed?
    1. Labeling targeted for kids/children. (a) Should it be acceptable 
to label pesticides for use on kids or any specific subset of the 
population?
    (b) Do repellents labeled specifically for use on kids or children 
lead consumers to believe these products were specifically formulated 
for kids, safer for kids, or less effective for adults?
    (c) Should pictures of toys and objects generally associated with 
children be allowed on insect repellent labels? Do these graphics lead 
the consumer to believe these products are formulated to be safer or 
specifically for children?
    (d) Should pictures of children without the rest of the family 
(including adults) be allowed on a label?
    (e) Would graphics including an entire family on insect repellent 
labels and statements such as ``For the entire family'' help clarify 
who can use the product?
    2. Products formulated with food fragrances. (a) Are food 
fragrances (e.g., grape, cherry, melon) in insect repellents 
potentially enticing children to ingest the product?
    (b) Should the Agency allow any food fragrances in insect 
repellents applied to human skin?
    (1) Should common household scents (e.g., lemon, citrus, coconut) 
be acceptable?
    (2) Should non-food fragrances such as floral fragrances be 
acceptable?
    (c) Could graphic depictions of food items entice children to eat 
the product? Should such graphics be allowed on an insect repellent 
label?
    (d) What fragrances, if any, should be acceptable in insect 
repellents applied to human skin?
    3. Products formulated with food colors. (a) Should insect 
repellents applied to human skin be allowed to contain colors? If so, 
what colors should be allowed?
    (b) If colors are allowed, should it be allowed to refer to them by 
the color rather than the food (e.g., purple rather than grape, blue 
rather than blueberry)?
    (c) Will repellents formulated with food colors entice children to 
eat them?
    (d) Some manufacturers believe that areas of exposed skin will be 
missed when applying insect repellents. Is there a protective benefit 
to incorporate colors which disappear when applied to the skin?

C. Why Is a PR Notice Guidance and Not a Rule?

    The draft PR Notice discussed in this notice is intended to provide 
guidance to EPA personnel and decision-makers, and to the public. As a 
guidance document and not a rule, this policy is not binding on either 
EPA or any outside parties. Although this guidance document provides a 
starting point for EPA decisions, EPA will depart from this policy 
where the facts or circumstances warrant. In such cases, EPA will 
explain why a different course was taken. Similarly, outside parties 
remain free to assert that this policy is not appropriate for a 
specific pesticide or that the specific circumstances demonstrate that 
this policy should be abandoned.
    EPA has stated in this notice that it will make available revised 
guidance after consideration of public comment. Public comment is not 
being solicited for the purpose of converting this guidance document 
into a binding rule. EPA will not be codifying this policy in the Code 
of Federal Regulations. EPA is soliciting public comment so that it can 
make fully informed decisions regarding the content of this guidance.
    The ``revised'' guidance will not be an unalterable document. Once 
a ``revised'' guidance document is issued, EPA will continue to treat 
it as guidance, not a rule. Accordingly, on a case-by-case basis EPA 
will decide whether it is appropriate to depart from the guidance or to 
modify the overall approach in the guidance. In the course of 
commenting on this guidance document, EPA would welcome comments that 
specifically address how the guidance document can be structured so 
that it provides meaningful guidance without imposing binding 
requirements.

List of Subjects

    Environmental protection, Food coloring, Food fragrances, Insect 
repellents, Labeling, Pesticides and pests.

    Dated: April 28, 2000.
Marcia E. Mulkey,
Director, Office of Pesticide Programs.
[FR Doc. 00-11679 Filed 5-9-00; 8:45 am]
BILLING CODE 6560-50-F


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