UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

 WASHINGTON, D.C. 20460 

 OFFICE OF 

 PREVENTION, PESTICIDES 

 AND TOXIC SUBSTANCES 

 

CERTIFIED MAIL

January 12, 2010 

Ms. Lynn P. Georges 

Regulatory Affairs Manager 

Monterey AgResources 

P.O. Box 35000 

Fresno, CA 93745-5000 

Re: Response to Monterey AgResources November 9, 2009 Letter Regarding Copper 

Reregistration Eligibility Decision 

 EPA Registration Numbers 48142-1/-4/-7 

 

Dear Ms. Georges: 

 EPA has received the November 9, 2009 comments submitted by Monterey AgResources 

regarding the Reregistration Eligibility Decision (RED) requirements for cuprous oxide. 

According to your letter, cuprous oxide does not meet the acute toxicity category level which 

mandates double notification and the most stringent early entry personal protective equipment 

(PPE) requirements. The Agency has reviewed the criteria for these requirements as set forth in 

the Worker Protection Standard (WPS) as defined in 40 CFR 156.210-212. 

Double notification requirements and early entry PPE for all pesticidal uses within the 

scope of the WPS are established on the basis of the acute toxicity of the active ingredient or 

product. The toxicity categories of the active ingredient for acute dermal and inhalation 

toxicities, as well as eye and skin irritation potential, are used to determine the early entry PPE 

requirements. Double notification requirements are determined based on acute dermal and skin 

irritation acute toxicity classification. 

As indicated in your letter, Table 5 of the Revised Copper RED classifies cuprous oxide 

with acute toxicity classifications of Category III and IV, as shown below. When all acute 

dermal and skin irritation data are present, the WPS states that double notification is required 

only for products which contain an acute toxicity Category I active ingredient for acute dermal 

and skin irritation. Therefore, the Agency recognizes that this classification does not trigger the 

need for double notification under the WPS. 
Copper Type PC 

Code

Acute Oral 

LD50

(mg/kg)

Acute 

Dermal 

LD50

(mg/kg)

Acute 

Inhalation 

(mg/L)

Primary Eye 

Irritation

Dermal 

Irritation

Dermal 

Sensitization

Cuprous oxide 

(83.9%) 025601 

Tox Cat III 

45246201 

Tox Cat IV 

45246202 

Tox Cat IV 

45246203 

Tox Cat III 

47046901 

Tox Cat IV 

45246204 

Non-sensitizing 

(guinea pig) 

45246205 

Moreover, the early entry PPE requirement for cuprous oxide specified in the Revised 

Copper RED was inadvertently based on the acute toxicity Category I requirements rather than 

Category III. Instead, the appropriate early entry PPE for cuprous oxide consists of coveralls, 

chemical-resistant gloves, and shoes plus socks. 

EPA recommends that Monterey AgResources proceed with the product reregistration of 

Registration Nos. 48142-1, 48142-4, and 48142-7 by disregarding the double notification 

requirements for cuprous oxide in the Revised Coppers RED and follow the early entry PPE 

requirement set forth for Category III active ingredients, which includes coveralls, chemicalresistant gloves, and shoes plus socks. These changes can also be viewed in the enclosed Table 

29. Copper Compounds Labeling Changes Summary from the Revised Coppers RED (Amended 

January 2010). All relevant personnel within EPA Pesticide Re-evaluation Division and 

Registration Division will be notified of this change. To assist with this matter, please include a 

copy of this letter with any additional registration or reregistration label changes or label 

amendments of these products to avoid any complications. Please contact me with any questions 

or concerns (Phone: 703-308-8172 or E-mail: keller.kaitlin@epa.gov). 

 Sincerely, 

 Kaitlin Keller 

 Chemical Review Manager, RMIB III 

 Pesticide Re-evaluation Division 

 Office of Pesticide Programs 

Enclosure: 
Table 29. Copper Compounds Labeling Changes Summary (Amended January 2010)

In order to be eligible for reregistration, all product labels must be amended to incorporate the risk mitigation measures out

The following table describes how language on the labels should be amended. 

Description Copper Compounds Required Labeling Language P

Manufacturing-Use Products

Required on all MUPs for all Copper Compounds containing directions for any use 

“Only for formulation into [fill blank with the appropriate pesticide type(s): fungicides, bactericides, algaecides, herbicides, leech control, freshwater snail 

control, anti-foulants and wood preservatives] for the following use(s) [fill blank only with those uses that are being supported by MP registrants].” 

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One of these statements may be added to a label to allow reformulation of the product for a specific use or all additional uses supported by a formulator or user group. 

Note: Manufacturing Use Products can not have end use directions. Similarly, 

End Use Products can not have formulation directions. “This product may be used to formulate products for specific use(s) not listed on the MP label if the formulator, user group, or grower has complied with U.S. EPA submission requirements regarding support of such use(s).” “This product may be used to formulate products for any additional use(s) not listed on the MP label if the formulator, user group, or grower has complied with U.S. EPA submission requirements regarding support of such use(s).” 

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Environmental Hazards Statements Required by the RED and Agency Label Policies 

“This pesticide is toxic to fish and aquatic invertebrates. Do not discharge effluent 

containing this product into lakes, streams, ponds, estuaries, oceans or other waters unless in accordance with the requirements of a National Pollutant Discharge Elimination System (NPDES) permit and the permitting authority has been notified in writing prior to discharge. Do not discharge effluent containing this product to sewer systems without previously notifying the local sewage treatment plant authority. For guidance contact your State Water Board or Regional Office of the EPA.” 

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Required on all MUPs for All Copper Compounds 

For all copper compounds label, the Ingredient Statement panel must state and 

describe the ingredient(s) in the following manner: 

- the original form/species (i.e., copper hydroxide, copper ethanolamine 

complex, copper sulfate pentahydrate) as the active ingredient, 

- the percentage of active ingredient contained in the product, - the respective Chemical Abstracts Service (CAS) number must be listed, 

- and the amount of metallic copper equivalent must be expressed as the 

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Description Copper Compounds Required Labeling Language P

percentage by weight directly below the Ingredient Statement. 

Description Copper Compounds Required Labeling Language P

End-Use Products Intended for Occupational Use (WPS and non-WPS)

Required on all EUPs for All Copper Compounds, including products primarily used by Consumers/ Homeowners 

For all copper compounds label, the Ingredient Statement panel must state and 

describe the ingredient(s) in the following manner: 

- the original form/species (i.e., copper hydroxide, copper ethanolamine 

complex, copper sulfate pentahydrate) as the active ingredient, 

- the percentage of active ingredient contained in the product, - the respective Chemical Abstracts Service (CAS) number must be listed, 

- and the amount of metallic copper equivalent must be expressed as the 

percentage by weight directly below the Ingredient Statement. 

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Environmental Hazards Statements for Product with Only Direct Aquatic Uses 

For labels that include direct aquatic uses, include the following statements: “ENVIRONMENTAL HAZARDS This pesticide is toxic to fish and aquatic invertebrates. Waters treated with this 

product may be hazardous to aquatic organisms. Treatment of aquatic weeds and algae can result in oxygen loss from decomposition of dead algae and weeds. This oxygen loss can cause fish and invertebrate suffocation. To minimize this hazard, do not treat more than 1⁄2 of the water body to avoid depletion of oxygen due to 

decaying vegetation. Wait at least 10 to 14 days between treatments. Begin treatment along the shore and proceed outwards in bands to allow fish to move into untreated areas. Consult with the State or local agency with primary 

responsibility for regulating pesticides before applying to public waters, to determine if a permit is required. Certain water conditions including low pH (≤6.5), low dissolved organic carbon 

(DOC) levels (3.0 mg/L or lower), and “soft” waters (i.e., alkalinity less than 50 mg/L), increases the potential acute toxicity to non-target aquatic organisms.” 

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Environmental Hazards Statements for Products with Terrestrial Uses Only 

For labels that include terrestrial uses (remove “drift” if a granular formulation), include the following statements: “ENVIRONMENTAL HAZARDS 

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Description Copper Compounds Required Labeling Language P

This pesticide is toxic to fish and aquatic invertebrates and may contaminate water 

through runoff. This product has a potential for runoff for several months or more after application. Poorly draining soils and soils with shallow water tables are more prone to produce runoff that contains this product. Drift and runoff may be hazardous to aquatic organisms in water adjacent to treated areas. Do not apply directly to water, to areas where surface water is present, or to intertidal areas below the mean high water mark. Do not contaminate water when disposing of equipment washwater or rinsate.” 

Environmental Hazards Statements for Products with both Terrestrial 

and Aquatic Uses 

Use the exact Environmental Hazards aquatic and terrestrial statements above so that the aquatic and terrestrial statements are clearly distinguishable from one another. Add: “For terrestrial uses” before “This pesticide... treated areas.”, and also before “Do not apply...equipment.” 

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User Safety Requirement for copper compounds used to treat potable water sources 

For end-use products that include use of copper compounds in waters destined for eventual use as drinking water, the following two statements must be included: ”For applications in waters destined for use as drinking water, those waters must 

receive additional and separate potable water treatment. Do not apply more than 1.0 ppm as metallic copper in these waters”

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Minimum Handler PPE Requirements

(All Copper Compounds) NOTE: In the case of multiple active ingredients, the more protective PPE must be placed on the product labeling. For guidance on which PPE is considered more protective, see PR 

“Personal Protective Equipment (PPE)” “Mixers, loaders, applicators, and other handlers must wear the following: - long-sleeved shirt, - long pants, - shoes plus socks.” Instruction to Registrant: If chemical resistant gloves, apron or footwear are required by the product specific data, add the following statement: “Some materials that are chemical-resistant to this product are (registrant inserts correct chemical-resistant material). If you want more options, follow the 

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Description Copper Compounds Required Labeling Language P

Notice 93-7. instructions for category [registrant inserts A,B,C,D,E,F,G,or H] on an EPA 

chemical-resistance category selection chart.” 

Signal Word For products subject to the WPS that are classified as toxicity category I or II must 

also bear the corresponding Spanish signal word and statement: ”Si usted no entiende la etiqueta, busque a alguien para que se la explique a usted 

en detalle. (If you do not understand the label, find someone to explain it to you in 

detail.)” 

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User Safety Requirements (All Copper Compounds) 

“Follow manufacturer's instructions for cleaning/maintaining PPE. If no such instructions for washables exist, use detergent and hot water. Keep and wash PPE 

separately from other laundry.” “Discard clothing and other absorbent material that have been drenched or heavily contaminated with the product’s concentrate. Do not reuse them.” 

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User Safety Recommendations (All Copper Compounds) 

“USER SAFETY RECOMMENDATIONS” “Users should wash hands before eating, drinking, chewing gum, using tobacco, or 

using the toilet.” “Users should remove clothing/PPE immediately if pesticide gets inside. Then wash thoroughly and put on clean clothing.” “Users should remove PPE immediately after handling this product. As soon as possible, wash thoroughly and change into clean clothing.” Note to Registrant: If gloves are required on the label (either for handlers or early entry workers), add the following in addition to the above: “Wash the outside of gloves before removing.” 

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Restricted-Entry Interval for products with WPS uses Note: REI’s are determined by the acute toxicity of each 

“Do not enter or allow worker entry into treated areas during the restricted entry 

interval of (insert the correct REI as specified below): Products containing any of the following copper compounds require a 48 hour REI*: Basic copper chloride (008001) 

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Description Copper Compounds Required Labeling Language P

copper compound which can vary. For products containing more than one copper compound, the most restrictive REI must appear on the label. 

Chelates of copper gluconate or copper citrate (024405) Copper ammonium carbonate (022703) Copper carbonate (022901) Copper hydroxide (023401) Copper ammonia complex (022702) Copper oxychloride (023501) Copper oxychloride sulfate (023503) Basic copper sulfate (008101) Copper sulfate pentahydrate (024401) Copper 8-quinolinolate (024002) Copper naphthenate (023102) Copper ethanolamine complex (024409) Copper salts of fatty and rosin acids (023104) *except for green house uses, which require a 24-hour REI. Products containing any of the following copper compounds require a 24 hour REI: Copper, metallic (022501) Copper ethylenediamine (024407) Products containing any of the following copper compounds require a 12 hour REI: Copper octanoate (023306) Copper triethanolamine complex (024403) Cupric oxide (042401) Cuprous oxide (025601) 

For All Copper-containing Products that are Registered for Use in Greenhouses with 48-hour REIs 

For all copper-containing products that are Registered for Use in Greenhouses only may reduce the REI to 24-hours, provided that the following conditions are met: 

- the only WPS trigger for a 48-hour REI is due to severe eye irritation 

 (Toxicity Category I or II), 

- all labeling changes are completed, and - registrants must include the following statements on the product label: 

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Description Copper Compounds Required Labeling Language P

“For at least seven days following the application of copper-containing products in  greenhouses: 

- at least one container or station designed specifically for flushing eyes 

is available in operating condition with the WPS-required decontamination supplies for workers entering the area treated with copper-containing products, 

- workers are informed orally, in a manner they can understand:  - that residues in the treated area may be highly irritating to their  eyes,  - that they should take precautions, such as refraining from  rubbing their eyes, to keep the residues out of their eyes,  - that if they do get residues in their eyes, they should immediately  flush their eyes with the eye flush container for eye flush station  that is located with the decontamination supplies, and 

 - how to operate the eye flush container or eye flush station.” 

Early Entry Personal Protective Equipment for products with WPS uses Note: Early Entry PPE is determined by the acute toxicity of each copper compound which can vary. For products containing more than one copper compound, the most restrictive REI must appear on the label. 

PPE required for early entry to treated areas that is permitted under the Worker Protection Standard and that involves contact with anything that has been treated, such as soil or water, is (insert correct Early Entry PPE specified below) Products containing any of the copper compounds listed directly below require the following early entry PPE: Coveralls over long-sleeved shirt and long pants, chemical-resistant gloves made of any waterproof material, chemical-resistant footwear plus socks, chemical resistant headgear if overhead exposure, and protective eyewear: Chelates of copper gluconate or copper citrate (024405) Copper ammonium carbonate (022703) Copper ammonia complex (022702) Copper oxychloride (023501) Copper oxychloride sulfate (023503) Basic copper sulfate (008101) 

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Description Copper Compounds Required Labeling Language P

Copper naphthenate (023102) Copper ethanolamine complex (024409) Products containing any of the copper compounds listed directly below require the following early entry PPE: Coveralls, shoes plus socks, chemical-resistant gloves made of any waterproof material, and protective eyewear. Basic copper chloride (008001) Copper carbonate (022901) Copper hydroxide (023401) Copper sulfate pentahydrate (024401) Copper 8-quinolinolate (024002) Copper, metallic (022501) 

Early Entry Personal Protective Equipment for products with WPS uses Note: Early Entry PPE is determined by the acute toxicity of each copper compound which can vary. For products containing more than one copper compound, the most restrictive REI must appear on the label. 

Products containing any of the copper compounds listed directly below require the following early entry PPE: Coveralls, shoes plus socks, chemical-resistant gloves such as or made out of any waterproof material: Copper ethylenediamine (024407) Cupric oxide (042401) Cuprous oxide (025601) Copper octanoate (023306) Copper triethanolamine complex (024403) Copper salts of fatty and rosin acids (023104) 

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Double Notification Statement 

Products containing any of the copper compounds listed directly below require the following statement: “Notify workers of the application by warning them orally and by posting warning 

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Description Copper Compounds Required Labeling Language P

signs at entrances to treated areas.” Chelates of copper gluconate (024405) Copper ammonium carbonate (022703) Copper ammonia complex (022702) Copper oxychloride (023501) Copper oxychloride sulfate (023503) Basic copper sulfate (008101) Copper naphthenate (023102) Copper ethanolamine complex (024409) 

Entry Restrictions for products with non-WPS uses on the label 

Entry Restriction for products applied as a spray: “Do not enter or allow others to enter until sprays have dried.” Entry Restriction for products applied dry: “Do not enter or allow others to enter until dusts have settled.” 

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General Application Restrictions for products with WPS or non-WPS uses on the label 

“Do not apply this product in a way that will contact workers or other persons, 

either directly or through drift. Only protected handlers may be in the area during application. For any requirements specific to your State or Tribe, consult the State or Tribal agency responsible for pesticide regulation.” 

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Spray Drift Management Statements for all coppercontaining products, except for granular 

Pesticide drift text must be added to the label and must read: "SPRAY* DRIFT MANAGEMENT A variety of factors including weather conditions (e.g., wind direction, wind speed, temperature, relative humidity) and method of application (e.g., ground, aerial, 

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96 
Description Copper Compounds Required Labeling Language P

airblast, chemigation) can influence pesticide drift. The applicator must evaluate all factors and make appropriate adjustments when applying this product. Droplet Size** Apply only as a medium or coarser spray (ASAE standard 572) or a volume mean diameter of 300 microns or greater for spinning atomizer nozzles. Wind Speed Do not apply at wind speeds greater than 15 mph. Only apply this product if the wind direction favors on-target deposition (approximately 3 to 10 mph), and there are no sensitive areas within 250 feet downwind. Temperature Inversions If applying at wind speeds less than 3 mph, the applicator must determine if a) conditions of temperature inversion exist, or b) stable atmospheric conditions exist at or below nozzle height. Do not make applications into areas of temperature inversions or stable atmospheric conditions. Other State and Local Requirements Applicators must follow all state and local pesticide drift requirements regarding application of copper compounds. Where states have more stringent regulations, they must be observed. Equipment All aerial and ground application equipment must be properly maintained and calibrated using appropriate carriers or surrogates. Additional requirements for aerial applications: - The boom length must not exceed 75% of the wingspan or 90% of the rotor blade diameter. - Release spray at the lowest height consistent with efficacy and flight safety. Do not release spray at a height greater than 10 feet above the crop canopy unless a greater height is required for aircraft safety. - When applications are made with a crosswind, the swath must be displaced 

97 
Description Copper Compounds Required Labeling Language P

downwind. The applicator must compensate for this displacement at the up and downwind edge of the application area by adjusting the path of the aircraft upwind. Additional requirements for ground boom application: Do not apply with a nozzle height greater than 4 feet above the crop canopy.” Note to Registrant:* The word “spray” may be removed if product is a dust formulation. ** The Droplet Size statement may be removed if product is a dust formulation. 

Other Application Restrictions 

Maximum Application Rates, Application Interval (days) and Seasonal Maximum 

Application Rates must be specified on all product labels. See Appendix A for the correct application rates and intervals for each site or crop. 

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Products Primarily Used by Consumers/Homeowners 

Entry Restrictions Entry Restriction for products applied as a spray: 

“Do not allow adults, children, or pets to enter the treated area until sprays have 

dried.” Entry Restriction for products applied dry: “Do not allow adults, children, or pets to enter the treated area until dusts have 

settled.” 

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General Application Restrictions 

“Do not apply this product in a way that will contact adults, children, or pets, either directly or through drift.” 

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Environmental Hazards “This pesticide is toxic to fish and aquatic invertebrates and may contaminate 

water through runoff. For terrestrial uses, do not apply directly to water. Do not contaminate water when disposing of equipment washwaters or rinsate.” 

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