Web-Distribution of Labeling Work Group Discussion Paper:

Container-Affixed Label and Web-Distributed Labeling 

Issues 

When considering a system that could dynamically deliver state-specific and crop/site-specific 

labeling to pesticide users via the Internet or a toll-free number, what labeling elements 

1. must appear on the label affixed to the container? 

2. should appear in the labeling affixed to or accompanying the container? 

3. could benefit the user by being delivered using a streamlined, dynamic method? 

Premise 

FIFRA § 2(p) clearly allows for both a “label” and “labeling.” The term “label” means “the 

written, printed, or graphic matter on, or attached to, the pesticide or device or any of its 

containers or wrappers.” “Labeling”

1

 means “all labels and all other written, printed, or graphic 

matter accompanying the pesticide or device at any time; or to which reference is made on the 

label or in literature accompanying the pesticide or device, except to current official publications 

of the [EPA, USDA, DoI, DHHS], State experiment stations, State agricultural college, and other 

similar Federal or State institutions or agencies authorized by law to conduct research in the field 

of pesticides.” Although not common, current labeling sometimes uses a reference to other 

enforceable documents that do not accompany the container, as evidenced by the Worker 

Protection Standard and Bulletins Live (for threatened and endangered species and their 

habitats). 

Many people have voiced criticisms of the quality of the labeling currently on many pesticide 

products. In particular, critics note that, because the labeling of a single product may contain 

precautions and detailed use directions for multiple uses, the labeling is often quite long – 

sometimes exceeding 50 pages in length. Moreover, pesticide companies do not all follow a 

consistent approach to the organization and presentation of information in labeling. Further, to 

reduce printing costs, the labeling information can appear in smaller font sizes. Critics argue 

therefore that users may have trouble finding and reading all relevant portions of a product’s 

labeling. They further argue that, if the current system could be changed to address these factors, 

users’ compliance with labeling requirements could improve. 

A new web-distributed labeling system could provide simplified labeling to users. Under the new 

system the user would be required to obtain a copy of labeling for the product from an alternate 

source, either the internet or a toll-free phone service that would mail or fax a copy of the 

labeling to the user. The user would be required to comply not only with restrictions appearing 

in the label affixed to the container and in labeling accompanying the container, but also with 

those in the additional labeling available from a referenced internet source or toll-free number. 

The user would be expected to obtain and follow labeling referenced on the container potentially 

generating that labeling using a search function for querying items such as state and site. 

1 While the statutory definition of “labeling” encompasses both attached and unattached materials, the remainder of 

this paper generally uses “labeling” as those labeling materials that are distinguishable from the attached label on the 

container. 

September 24, 2008 Page 1 of 6 
Additional queries, such as county of application or application method, can generate greatly 

simplified labeling since most labeling could then contain relatively brief, very specific use 

directions and precautions that would not be obscured by information applicable to use on other 

sites or by other applications methods. This web-distributed labeling system should improve 

compliance with protective measures and proper use. The users ultimately would have in their 

possession all pertinent labeling information. 

This new system requires decisions be made regarding which types of information would appear 

on the label affixed to the container, which would appear in labeling accompanying the 

container, and which would be available through other sources (i.e. internet, mail, and fax). This 

issue paper proposes a partitioning of label and labeling elements according to whether they 

would be either “affixed to the container,” “physically accompanying the container,” or in “webdistributed” labeling. It presents a proposed breakdown of the location of different labeling 

elements that might best serve the user, registrant, or EPA. The proposed approach is guided by 

the following principles: 

• The location of label and labeling elements required by statute and current regulations 

would not change; 

• Both the label affixed to the container and labeling physically accompanying the 

container would contain all information necessary for the safe storage, handling, and 

disposal of the container; 

• Both the label affixed to the container and labeling physically accompanying the 

container would contain basic information necessary to offer safety to any person who 

might come into contact with the product, for example through handling the container or 

by using the product; 

• The label affixed to the container and labeling physically accompanying the container 

would contain little or no additional information so that the types of information 

described above would be prominent and easy to understand; and 

• Basic identifying and safety information on the label or in the labeling physically 

accompanying the container would be repeated in the labeling available from the 

referenced sources.

What information must appear on the label affixed to the container? 

In FIFRA § 2(q) and 40 CFR Part 156, specific label elements are defined as being required to be 

affixed to the container without which the product is considered misbranded. Thus, the following 

elements must be found in the label affixed to the container. (* required only by regulation, ** 

required by statute and regulation). 

September 24, 2008 Page 2 of 6 
Required by statute and/or regulation and must be affixed to the container.

2 

1. *Directions for use or a reference statement to directions for use found elsewhere in 

labeling 

2. *Use classification (Restricted Use Product statement) 

3. *Violation of federal law statement 

4. *Product registration number 

5. *Signal word 

6. *WPS referral statements 

7. *Storage and disposal requirements 

8. **Product establishment number 

9. **Brand/product/trademarked Name 

10. **Ingredient statement 

11. **Net weight or contents 

12. **Skull & crossbones/POISON and statement of practical treatment if highly toxic 

13. **Name and address of producer, registrant or person for whom produced 

14. **Warning or caution statement adequate to protect health and the environment (by 

regulation this requires physical and chemical hazard information, and human health and 

environmental precautionary statements) 

In addition to the existing requirements outlined above, under web-distributed labeling a 

container label would include a reference statement, likely under the heading “Directions for 

Use” where the violation of federal law statement appears, that reminds users they are bound by 

the directions on the container as well as those include in the web-distributed labeling. This 

statement should be obvious to any person handling a pesticide in order to ensure compliance 

with both label and labeling requirements. Following is an example of what such language 

requiring users to obtain and comply with web-distributed labeling may look like: 

15. You must obtain additional labeling from http://pesticidelabeling.gov or by calling 1-

866-LABELING. You must possess a copy of this additional labeling at the time of 

application. It is a violation of federal law to use this product in a manner inconsistent 

with its attached label or the additional labeling obtained in one of the methods listed 

above. 

In addition, to facilitate state-EPA-registrant registration synchronicity, it may be necessary to 

include a unique identifier in addition to the product registration number; this is not required 

today. (A unique identifier may be necessary if the registrant decided, for marketing or other 

reasons, to sell or distribute a registered pesticide with more than one version of its labeling for 

the same registration number. Logically it should appear with the registration number on the 

product container label.) 

2

 Additional requirement for labels of products for export only ** “Not Registered for Use in 

the United States of America.” 

September 24, 2008 Page 3 of 6 
What other types of information should be part of the labeling affixed to or physically 

accompanying the container? 

Since pesticides in their containers are in the channels of trade, it is important to provide basic 

safety and handling information about the product that is available to anyone who may come in 

contact with the pesticide, such as distributors, applicators, handlers, medical providers, or first 

responders. Having basic handling information related to streamlined information for 

environmental protection, storage and spills is also important. This is an important liability issue 

for registrants. 

Additionally, in order to minimize costs of reprinting product labels, pesticide companies would 

not want to put information in the label or in the labeling physically accompanying the container 

that would be likely to change frequently. 

The following elements would be recommended to be in the label affixed to the container, but at 

a minimum should appear in the labeling physically accompanying the container. 

16. In case of spill – CHEMTREC and manufacturer phone numbers 

For marketing or liability purposes, there may be reasons to include manufacturer information or 

streamlined sections from use directions. 

17. Company logo, graphics, or other identifiers 

18. General marketing referral to target sites and pests (e.g., for use in landscapes for chinch 

bugs) 

19. Warranty statement 

What types of information could benefit from being delivered using a streamlined, dynamic 

method (Web-Distributed Labeling - referenced by URL) 

One benefit of web-distributed labeling is to provide the user with a streamlined container label 

as well as labeling that contains only the pertinent information for a particular site of application, 

in a specific state, when using a particular application method. When a pesticide user must read 

through 40 plus pages of sites/crops, 10 plus pages of application equipment directions, and 5 

plus pages of drift mitigation measures when they are using one piece of application equipment 

on one crop, the labeling becomes “War and Peace.” 

By allowing the user to run through a database query, a use-specific label is generated that 

should be much more readable. For example a search by: 1) Unique identifier, 2) State, 3) 

Crop/site and 4) Application Method or treatment type (air, ground, chemigation, 

backpack/hand, shank injection) generates much-reduced user-specific labeling that is specific 

for the directions, mitigations and precautions needed for that particular use. The search could be 

further refined by adding other search values, such as county for endangered species with access 

to Bulletins Live. 

September 24, 2008 Page 4 of 6 
20. Engineering Controls- expanded section, if warranted 

21. Environmental Hazards – expanded section, if warranted 

a. Endangered species 

b. Site specific concerns 

22. Resistance Management identifiers 

23. Storage and Disposal – expanded section, if warranted 

24. Use Directions (sample list, not exhaustive) 

a. Worker Protection Standard – apart from the Agricultural Use Box 

i. REI , especially if multiple crop or application type 

ii. Early entry worker PPE 

iii. Prohibition of any entry prior to 4 hours 

b. Allowable Sites, Crops, Hosts 

c. Use Requirements 

i. Type of treatment (band, broadcast, injection, chemigation) 

ii. Product application rate and limits 

1. Rates for target pests 

2. Maximum number of applications or annual use-rate limits 

3. Timing (growth stage, degree days) 

iii. Restricted Entry Interval, if multiple 

iv. Preharvest, grazing/haying, composting, replant, rainfast intervals 

v. Required adjuvants (buffers, spreaders, antifoaming agents) 

vi. Formulation and mixing instructions 

vii. Tank agitation requirements 

viii. Order of mixing multiple products/adjuvants 

ix. Spray tank/boom decontamination 

d. Use Prohibitions 

i. Tank mixing (Buffers, adjuvants, products, fertilizer) 

ii. Crop rotation, water usage, 

iii. Greenhouse applications 

e. Use Restrictions 

i. Who may apply (supervised trained technicians, trained handlers) 

ii. “Do not” statements 

1. human exposures, water contamination, edible plants, frozen 

ground, sensitive sites/crops 

2. 1,000 others where known problems exist (air temperature limits, 

sensitive ornamentals, etc.) 

iii. Application equipment specific (could be restrictive or advisory) – 

generate only those precautions by the method they selected. 

1. aerial, ground boom, ground injection, chemigation, hand-held 

high volume/spot 

September 24, 2008 Page 5 of 6 
a. set up (output, droplet size, gallonage, nozzle angle, boom 

length, boom height) 

b. drift mitigation measures (differs with equipment), such as 

wind direction, temperature inversions, wind speed, lack of 

wind, pressure limits and requirement for higher pressures 

c. water source protection measures (check valves for 

chemigation) 

d. efficacy requirements (droplet size) 

f. Advisory Statements 

i. Storage and disposal assistance 

ii. Tank mixing with known combinations 

iii. Spray adjuvants 

iv. Off-target management strategies 

1. based on application equipment, volumes applied, active 

ingredient, location of sensitive areas 

2. assessing nearby areas 

v. Resistance Management 

1. Mode of action 

2. Management approaches 

vi. Terms and Conditions of Use 

1. Inherent Risks of Use 

2. Limitations of Remedies 

The last three elements that could be included as part of web-distributed labeling would be new 

to labels. 

25. Highlighted, recent changes to web-distributed labeling 

26. Download date and expiration date for web-distributed labeling (See issue paper on 

Lifespan of Web-Distributed Labeling.) 

27. Existing stock provision dates if use is no longer supported or planned cancellation 

September 24, 2008 Page 6 of 6