### 61 Environmental Protection Agency § 156.10

156.78 Precautionary statements for physical or chemical hazards.

Subpart E—Environmental Hazard and Precautionary Statements

156.80 General. 156.85 Non-target organisms.

Subparts F–G [ Reserved ]

Subpart H—Container Labeling

156.140 Identification of container types.156.144 Residue removal instructions—general.
156.146 Residue removal instructions fornonrefillable containers—rigid containers with dilutable pesticides.
156.156 Residue removal instructions for refillable containers. 156.159 Compliance date.

Subparts I–J [ Reserved ]

Subpart K—Worker Protection Statements

156.200 Scope and applicability.
156.203 Definitions.156.204 Modification and waiver of requirements.
156.206 General statements. 156.208 Restricted-entry statements.
156.210 Notification-to-workers statements. 156.212 Personal protective equipment

statements.

AUTHORITY : 7 U.S.C. 136–136y.



### Subpart A—General Provisions

§ 156.10 Labeling requirements.

(a) General—(1) Contents of the label. Every pesticide product shall bear alabel containing the information specified by the Act and the regulations in this part. The contents of a label mustshow clearly and prominently the following:

(i) The name, brand, or trademarkunder which the product is sold as prescribed in paragraph (b) of this section;

(ii) The name and address of the producer, registrant, or person for whom produced as prescribed in paragraph (c) of this section;

(iii) The net contents as prescribed in paragraph (d) of this section;

(iv) The product registration number as prescribed in paragraph (e) of this section;

(v) The producing establishment number as prescribed in paragraph (f) of this section; (vi) An ingredient statement as prescribed in paragraph (g) of this section;

(vii) Hazard and precautionary statements as prescribed in subpart D ofthis part for human and domestic animal hazards and subpart E of this part
for environmental hazards.

(viii) The directions for use as prescribed in paragraph (i) of this section;
and

(ix) The use classification(s) as prescribed in paragraph (j) of this section.

(2) Prominence and legibility. (i) Allwords, statements, graphic representations, designs or other information required on the labeling by the Act or the regulations in this part must be clearly legible to a person with normal vision, and must be placed with such conspicuousness (as compared with other words, statements, designs, orgraphic matter on the labeling) and expressed in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

(ii) All required label text must: (A) Be set in 6-point or larger type; (B) Appear on a clear contrasting background; and

(C) Not be obscured or crowded. (3) Language to be used. All required label or labeling text shall appear in the English language. However, the Agency may require or the applicant may propose additional text in other languages as is considered necessary to protect the public. When additional text in another language is necessary,all labeling requirements will be applied equally to both the English andother-language versions of the labeling.

(4) Placement of Label—(i) General. The label shall appear on or be securely
attached to the immediate container of the pesticide product. For purposes ofthis section, and the misbranding provisions of the Act, ‘‘securely attached’’ shall mean that a label can reasonably be expected to remain affixed during the foreseeable conditions and period
of use. If the immediate container is enclosed within a wrapper or outsidecontainer through which the label cannot be clearly read, the label must also be securely attached to such outside wrapper or container, if it is a part of


### 62 40 CFR Ch. I (7–1–07 Edition) § 156.10

the package as customarily distributed
or sold.

(ii) Tank cars and other bulk containers—(A) Transportation. While a pesticide product is in transit, the appropriate provisions of 49 CFR parts 170– 189, concerning the transportation of hazardous materials, and specificallythose provisions concerning the labeling, marking and placarding of hazardous materials and the vehicles carrying them, define the basic Federal requirements. In addition, when anyregistered pesticide product is transported in a tank car, tank truck orother mobile or portable bulk container, a copy of the accepted labelmust be attached to the shipping papers, and left with the consignee at the time of delivery.

(B) Storage. When pesticide products are stored in bulk containers, whether mobile or stationary, which remain in the custody of the user, a copy of thelabel of labeling, including all appropriate directions for use, shall be securely attached to the container in the immediate vicinity of the discharge
control valve.

(5) False or misleading statements. Pursuant to section 2(q)(1)(A) of the Act, a pesticide or a device declared subjectto the Act pursuant to §152.500, is misbranded if its labeling is false or misleading in any particular including both pesticidal and non-pesticidalclaims. Examples of statements or representations in the labeling which constitute misbranding include:

(i) A false or misleading statement concerning the composition of the product;

(ii) A false or misleading statement concerning the effectiveness of the product as a pesticide or device;

(iii) A false or misleading statementabout the value of the product for purposes other than as a pesticide or device;

(iv) A false or misleading comparison with other pesticides or devices;

(v) Any statement directly or indirectly implying that the pesticide or device is recommended or endorsed by any agency of the Federal Government;

(vi) The name of a pesticide which contains two or more principal active ingredients if the name suggests one or more but not all such principal active ingredients even though the names ofthe other ingredients are stated elsewhere in the labeling;

(vii) A true statement used in such away as to give a false or misleading impression to the purchaser;

(viii) Label disclaimers which negateor detract from labeling statements required under the Act and these regulations;

(ix) Claims as to the safety of the pesticide or its ingredients, includingstatements such as ‘‘safe,’’ ‘‘nonpoisonous,’’ ‘‘noninjurious,’’ ‘‘harmless’’ or ‘‘nontoxic to humans and pets’’ with or without such a qualifying phrase as ‘‘when used as directed’’; and

(x) Non-numerical and/or comparative statements on the safety of the product, including but not limited to:

(A) ‘‘Contains all natural ingredients’’;

(B) ‘‘Among the least toxic chemicals
known’’

(C) ‘‘Pollution approved’’ (6) Final printed labeling. (i) Except as provided in paragraph (a)(6)(ii) of this section, final printed labeling must besubmitted and accepted prior to registration. However, final printed labeling need not be submitted until draftlabel texts have been provisionally accepted by the Agency.

(ii) Clearly legible reproductions or photo reductions will be accepted for
unusual labels such as those silkscreened directly onto glass or metal containers or large bag or drum labels.Such reproductions must be of microfilm reproduction quality.

(b) Name, brand, or trademark. (1) The name, brand, or trademark under which the pesticide product is sold shall appear on the front panel of the
label.

(2) No name, brand, or trademark may appear on the label which:

(i) Is false or misleading, or(ii) Has not been approved by the Administrator through registration orsupplemental registration as an additional name pursuant to §152.132.

(c) Name and address of producer,registrant, or person for whom produced. An unqualified name and address given on the label shall be considered as the name and address of theproducer. If the registrant’s name appears on the label and the registrant is


### 63 Environmental Protection Agency § 156.10

not the producer, or if the name of theperson for whom the pesticide was produced appears on the label, it must be qualified by appropriate wording such as ‘‘Packed for * * *,’’ ‘‘Distributed by * * *,’’ or ‘‘Sold by * * *’’ to show that the name is not that of the producer.

(d) Net weight or measure of contents.(1) The net weight or measure of content shall be exclusive of wrappers or
other materials and shall be the average content unless explicitly stated as a minimum quantity.

(2) If the pesticide is a liquid, the net
content statement shall be in terms of liquid measure at 68 ° F (20 ° C) and shall be expressed in conventional American units of fluid ounces, pints, quarts, and gallons.

(3) If the pesticide is solid or semisolid, viscous or pressurized, or is a mixture of liquid and solid, the net
content statement shall be in terms of weight expressed as avoirdupois pounds
and ounces.

(4) In all cases, net content shall be stated in terms of the largest suitable units, i.e. , ‘‘1 pound 10 ounces’’ rather
than ‘‘26 ounces.’’

(5) In addition to the required units specified, net content may be expressed
in metric units.

(6) Variation above minimum content or around an average is permissible only to the extent that it representsdeviation unavoidable in good manufacturing practice. Variation below a stated minimum is not permitted. In no case shall the average content of the packages in a shipment fall below the stated average content.

(7) For a pesticide product packagedin a refillable container, an appropriately sized area on the label may be left blank to allow the net weight or measure of content to be marked in by the refiller according to 40 CFR165.65(h) or 165.70(i) prior to distribution or sale of the pesticide. As required in paragraph (a)(1)(iii) of this section, the net contents must be shown clearly and prominently on the
label.

(e) Product registration number. The registration number assigned to thepesticide product at the time of registration shall appear on the label, preceded by the phrase ‘‘EPA Registration No.,’’ or the phrase ‘‘EPA Reg. No.’’ The registration number shall be set in type of a size and style similar to other print on that part of the label on which it appears and shall run parallel to it.The registration number and the required identifying phrase shall not appear in such a manner as to suggest or imply recommendation or endorsement of the product by the Agency.

(f) Producing establishment’s registration number . The producing establishment registration number preceded bythe phrase ‘‘EPA Est.’’, of the final establishment at which the product was produced may appear in any suitable
location on the label or immediate container. It must appear on the wrapper or outside container of the package if the EPA establishment registration
number on the immediate container cannot be clearly read through such wrapper or container. For a pesticideproduct packaged in a refillable container, an appropriately sized area on the label may be left blank after the phrase ‘‘EPA Est.’’ to allow the EPA establishment registration number to be marked in by the refiller according to 40 CFR 165.65(h) or 165.70(i) prior to distribution or sale of the pesticide.

(g) Ingredient statement—(1) General. The label of each pesticide product
must bear a statement which contains the name and percentage by weight ofeach active ingredient, the total percentage by weight of all inert ingredients; and if the pesticide contains arsenic in any form, a statement of the percentages of total and water-soluble
arsenic calculated as elemental arsenic. The active ingredients must bedesignated by the term ‘‘active ingredients’’ and the inert ingredients by theterm ‘‘inert ingredients,’’ or the singular forms of these terms when appropriate. Both terms shall be in the sametype size, be aligned to the same margin and be equally prominent. The statement ‘‘Inert Ingredients, none’’ isnot required for pesticides which contain 100 percent active ingredients. Unless the ingredient statement is a complete analysis of the pesticide, the term ‘‘analysis’’ shall not be used as a heading for the ingredient statement.

(2) Position of ingredient statement. (i) The ingredient statement is normally required on the front panel of the label.
If there is an outside container or


### 64 40 CFR Ch. I (7–1–07 Edition) § 156.10

wrapper through which the ingredient statement cannot be clearly read, the ingredient statement must also appear on such outside container or wrapper. If the size or form of the packagemakes it impracticable to place the ingredient statement on the front panel of the label, permission may be granted for the ingredient statement to appear
elsewhere.

(ii) The text of the ingredient statement must run parallel with other text on the panel on which it appears, and must be clearly distinguishable from and must not be placed in the body of
other text.

(3) Names to be used in ingredient statement. The name used for each ingredient shall be the accepted common name, if there is one, followed by the
chemical name. The common name may be used alone only if it is well
known. If no common name has been established, the chemical name alone
shall be used. In no case will the use of a trademark or proprietary name be permitted unless such name has beenaccepted as a common name by the Administrator under the authority of section 25(c)(6).

(4) Statements of percentages. The percentages of ingredients shall be stated in terms of weight-to-weight. The sum of percentages of the active and theinert ingredients shall be 100. Percentages shall not be expressed by a range of values such as ‘‘22–25%.’’ If the uses of the pesticide product are expressed as weight of active ingredient per unitarea, a statement of the weight of active ingredient per unit volume of the pesticide formulation shall also appear in the ingredient statement.

(5) Accuracy of stated percentages. The percentages given shall be as precise as possible reflecting good manufacturing practice. If there may be unavoidable variation between manufacturingbatches, the value stated for each active ingredient shall be the lowest percentage which may be present.

(6) Deterioration. Pesticides whichchange in chemical composition significantly must meet the following labeling requirements:

(i) In cases where it is determined that a pesticide formulation changes chemical composition significantly, the product must bear the following statement in a prominent position on
the label: ‘‘Not for sale or use after [date].’’

(ii) The product must meet all labelclaims up to the expiration time indicated on the label.

(7) Inert ingredients. The Administrator may require the name of any inert ingredient(s) to be listed in the ingredient statement if he determinesthat such ingredient(s) may pose a hazard to man or the environment.

(h) [Reserved] (i) Directions for Use—(1) General requirements—(i) Adequacy and clarity of
directions. Directions for use must be stated in terms which can be easily read and understood by the average person likely to use or to supervise theuse of the pesticide. When followed, directions must be adequate to protectthe public from fraud and from personal injury and to prevent unreasonable adverse effects on the environment.

(ii) Placement of directions for use. Directions may appear on any portion ofthe label provided that they are conspicuous enough to be easily read bythe user of the pesticide product. Directions for use may appear on printed or graphic matter which accompanies the pesticide provided that:

(A) If required by the Agency, such printed or graphic matter is securelyattached to each package of the pesticide, or placed within the outside wrapper or bag;

(B) The label bears a reference to the directions for use in accompanyingleaflets or circulars, such as ‘‘See directions in the enclosed circular:’’ and

(C) The Administrator determinesthat it is not necessary for such directions to appear on the label.

(iii) Exceptions to requirement for direction for use. (A) Detailed directions for use may be omitted from labeling of pesticides which are intended for use only by manufacturers of products other than pesticide products in theirregular manufacturing processes, provided that:

(1 ) The label clearly shows that the product is intended for use only in manufacturing processes and specifies the type(s) of products involved.

(2 ) Adequate information such as technical data sheets or bulletins, is


### 65 Environmental Protection Agency § 156.10

available to the trade specifying the type of product involved and its proper use in manufacturing processes;

( 3 ) The product will not come into the hands of the general public exceptafter incorporation into finished products; and

( 4 ) The Administrator determines that such directions are not necessary to prevent unreasonable adverse effects
on man or the environment.

(B) Detailed directions for use maybe omitted from the labeling of pesticide products for which sale is limited to physicians, veterinarians, or druggists, provided that:

(1 ) The label clearly states that the product is for use only by physicians or veterinarians;

(2 ) The Administrator determines that such directions are not necessary to prevent unreasonable adverse effects on man or the environment; and

( 3 ) The product is also a drug and regulated under the provisions of the Federal Food, Drug and Cosmetic Act.

(C) Detailed directions for use maybe omitted from the labeling of pesticide products which are intended for use only by formulators in preparingpesticides for sale to the public, provided that:

(1 ) There is information readily
available to the formulators on the composition, toxicity, methods of use, applicable restrictions or limitations, and effectiveness of the product for pesticide purposes;

(2 ) The label clearly states that the product is intended for use only in manufacturing, formulating, mixing, or repacking for use as a pesticide andspecifies the type(s) of pesticide products involved;

( 3 ) The product as finally manufactured, formulated, mixed, or repackaged is registered; and

( 4 ) The Administrator determines that such directions are not necessary to prevent unreasonable adverse effects
on man or the environment.

(2) Contents of Directions for Use. The
directions for use shall include the following, under the headings ‘‘Directions
for Use’’:

(i) The statement of use classification as prescribed in paragraph (j) of this section immediately under the heading ‘‘Directions for Use.’’ (ii) Immediately below the statement of use classification, the statement ‘‘It
is a violation of Federal law to use this product in a manner inconsistent with its labeling.’’

(iii) The site(s) of application, as for example the crops, animals, areas, or objects to be treated.

(iv) The target pest(s) associated
with each site.

(v) The dosage rate associated with each site and pest.

(vi) The method of application, including instructions for dilution, if required, and type(s) of application apparatus or equipment required.

(vii) The frequency and timing of applications necessary to obtain effective results without causing unreasonable
adverse effects on the environment.

(viii) Worker protection statements meeting the requirements of subpart K of this part.

(ix) Specific directions concerningthe storage, residue removal and disposal of the pesticide and its container, in accordance with subpart H of this part and part 165 of this chapter. Theseinstructions must be grouped and appear under the heading, ‘‘Storage and Disposal.’’ This heading must be set intype of the same minimum sizes as required for the child hazard warning. (See table in §156.60(b))

(x) Any limitations or restrictions on use required to prevent unreasonable adverse effects, such as:

(A) Required intervals between application and harvest of food or feed

crops.

(B) Rotational crop restrictions. (C) Warnings as required against use on certain crops, animals, objects, or in or adjacent to certain areas.

(D) For total release foggers as defined in paragraph (h)(2)(iii)(B) of this section, the following statements must
be included in the ‘‘Directions for
Use’’:

DO NOT use more than one fogger per room. DO NOT use in small, enclosed spaces such as closets, cabinets, or under counters
or tables. Do not use in a room 5 ft. ×5 ft. or smaller; instead, allow fog to enter from other rooms. Turn off ALL ignition sources such as pilot lights (shut off gas valves),other open flames, or running electrical appliances that cycle off and on ( i.e. , refrigerators, thermostats, etc.). Call your gas


### 66 40 CFR Ch. I (7–1–07 Edition) § 156.60

utility or management company if you need assistance with your pilot lights.’’

(E) For restricted use pesticides, a statement that the pesticide may be applied under the direct supervision ofa certified applicator who is not physically present at the site of application but nonetheless available to the person applying the pesticide, unless theAgency has determined that the pesticide may only be applied under thedirect supervision of a certified applicator who is physically present.

(F) Other pertinent information
which the Administrator determines to be necessary for the protection of man
and the environment.

(j) Statement of Use Classification. By October 22, 1976, all pesticide products
must bear on their labels a statement
of use classification as described inparagraphs (j) (1) and (2) of this section. Any pesticide product for which some uses are classified for general use
and others for restricted use shall beseparately labeled according to the labeling standards set forth in this subsection, and shall be marketed as separate products with different registration numbers, one bearing directions only for general use(s) and the other bearing directions for restricted use(s)except that, if a product has both restricted use(s) and general use(s), both of these uses may appear on a productlabeled for restricted use. Such products shall be subject to the provisions of paragraph (j)(2) of this section.

(1) General Use Classification. Pesticide products bearing directions foruse(s) classified general shall be labeled with the exact words ‘‘General Classification’’ immediately below theheading ‘‘Directions for Use.’’ And reference to the general classificationthat suggests or implies that the general utility of the pesticide extends beyond those purposes and uses contained
in the Directions for Use will be considered a false or misleading statementunder the statutory definitions of misbranding.

(2) Restricted Use Classification. Pesticide products bearing direction for use(s) classified restricted shall bear
statements of restricted use classification on the front panel as described
below: (i) Front panel statement of restricted use classification. (A) At the top of the front panel of the label, set in type of the same minimum sizes as required for human hazard signal words (seetable in paragraph (h)(1)(iv) of this section), and appearing with sufficient prominence relative to other text and graphic material on the front panel to make it unlikely to be overlookedunder customary conditions of purchase and use, the statement ‘‘Restricted Use Pesticide’’ shall appear.

(B) Directly below this statement on the front panel, a summary statement of the terms of restriction imposed as aprecondition to registration shall appear. If use is restricted to certified applicators, the following statement is required: ‘‘For retail sale to and useonly by Certified Applicators or persons under their direct supervision andonly for those uses covered by the Certified Applicator’s certification.’’ If, however, other regulatory restrictionsare imposed, the Administrator will define the appropriate wording for the terms of restriction by regulation.

[40 FR 28268, July 3, 1975; 40 FR 32329, Aug. 1, 1975; 40 FR 36571, Aug. 21, 1975, as amended at 43 FR 5786, Feb. 9, 1978. Redesignated and amended at 53 FR 15991, 15999, May 4, 1988; 57 FR 38146, Aug. 21, 1992; 60 FR 32096, June 19, 1995; 63 FR 9082, Feb. 23, 1998; 66 FR 64764, Dec. 14, 2001; 71 FR 47420, Aug. 16, 2006]



### Subparts B–C [ Reserved ]

Subpart D—Human Hazard and Precautionary Statements

S OURCE : 66 FR 64764, Dec. 14, 2001, unless
otherwise noted.

§ 156.60 General.

Each product label is required to bear hazard and precautionary statements for humans and domestic animals (ifapplicable) as prescribed in this subpart. Hazard statements describe the type of hazard that may occur, while precautionary statements will either
direct or inform the user of actions to take to avoid the hazard or mitigate
its effects.

(a) Location of statements—(1) Front panel statements. The signal word, child hazard warning, and, in certain cases, the first aid statement are required to