[Federal Register Volume 60, Number 240 (Thursday, December 14, 1995)]
[Rules and Regulations]
[Pages 64282-64295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30503]




[[Page 64281]]

_______________________________________________________________________

Part V





Environmental Protection Agency





_______________________________________________________________________



40 CFR Part 156



Worker Protection Standard; Labeling Revisions Required for Pesticide 
Products Within the Scope of the Worker Protection Standard; Policy 
Statement; Final Rule

Federal Register / Vol. 60, No. 240 / Thursday, December 14, 1995 / 
Rules and Regulations
=======================================================================
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[[Page 64282]]


ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 156

[OPP-250111; FRL-4988-5]


Worker Protection Standard; Labeling Revisions Required for 
Pesticide Products within the Scope of the Worker Protection Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Policy Statement.

-----------------------------------------------------------------------

SUMMARY: EPA is issuing a final policy statement on labeling revisions 
required by the Worker Protection Standard (WPS) for sale or 
distribution of certain agricultural pesticides after October 23, 1995. 
This policy addresses pesticide products that are within the scope of 
the WPS, do not bear full WPS labeling, and are being sold or 
distributed by any person, other than the registrant. Certain 
statements are required to be placed on the labeling of all pesticide 
products within the scope of the WPS. These statements reference the 
WPS and certain practices intended to reduce or eliminate human 
exposure to pesticides. In most instances, these statements were 
required to appear on all WPS products by April 21, 1994. Wholesalers 
and dealers may have stocks of product that do not have WPS complying 
labeling. This policy presents options for the registrant to relabel 
the product or authorize the person(s) holding the product for 
distribution or sale to relabel the product. This policy statement does 
not apply to growers, custom applicators, or other persons holding 
product for their own use, unless they also distribute and sell 
pesticides or are registrants.
EFFECTIVE DATE: This policy became effective on September 28, 1995. The 
contents of this statement were issued on September 28, 1995, as 
Pesticide Regulation (PR) Notice 95-5.

FOR FURTHER INFORMATION CONTACT: James Tompkins, Office of Pesticide 
Programs (7505C), Environmental Protection Agency, 401 M St., SW., 
Washington, DC 20460. Office location, telephone number, and e-mail 
address: 1921 Jefferson Davis Highway, Crystal Mall #2, Rm. 239, 
Arlington, VA, 703-305-5697, e-mail: <a href="/cdn-cgi/l/email-protection#a3d7ccced3c8cacdd08dc9c2cec6d0e3c6d3c2cec2cacf8dc6d3c28dc4ccd5"><span class="__cf_email__" data-cfemail="80f4efedf0ebe9eef3aeeae1ede5f3c0e5f0e1ede1e9ecaee5f0e1aee7eff6">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The Agency is issuing a final policy 
statement that allows registrants or their authorized representatives 
that sell or distribute pesticides to relabel non-complying pesticide 
products in their possession. The policy provides examples of 
mechanisms to bring labels into compliance with WPS requirements, so 
that such products may be legally sold and distributed after October 
23, 1995. The required actions for registrants, wholesalers, and 
retailers to relabel products are discussed to aid compliance with the 
policy. All products within the scope of WPS must bear final, printed 
WPS replacement labeling after October 23, 1996. Except for products 
that have been canceled, products accompanied only by generic 
supplemental labeling, as outlined in PR Notice 93-11, are not 
considered labeled in compliance with the WPS provisions after October 
23, 1995.

I. Summary of the Policy

    EPA will permit registrants or their authorized representatives to 
relabel non-complying stocks of products that do not bear full WPS 
labeling. Under this policy, the registrant has the option to either 
relabel the product or provide written authorization to the person(s) 
holding the product for distribution or sale to relabel the product. 
Both the registrant and the person(s) holding such pesticides are 
responsible for relabeling these products in accordance with the WPS 
and this policy statement. This policy statement does not apply to 
growers, custom applicators, or other persons holding products for 
their own use, unless they also distribute and sell pesticides or are 
registrants.
    Using the decision diagram presented in this policy statement, 
registrants may determine if they hold non-complying products that 
require amended labeling. If a product requires amended labeling, the 
registrant may conduct or provide written authorization for wholesalers 
or retailers to do relabeling, and provide product-specific WPS 
labeling. Options for amended labeling include: a final printed WPS-
complying replacement label and supplemental product-specific labeling. 
Supplemental labeling must be provided to the end-user whenever the 
product is offered for sale and a ``STOP sticker'' is affixed to the 
existing label. Pesticide-specific relabeling may occur at any site 
without registration of the site as a pesticide-producing 
establishment. Under the provisions of this policy, relabeling of 
stocks of products with non-complying labels may be carried out by 
person(s) acting under the authority of the registrant as an 
``authorized agent'' of the registrant. The policy also addresses how 
to revise labels of orphaned and deleted use products, products that 
have been transferred, and dormant products.

II. Background

    The 1992 WPS requires that certain statements be placed on the 
labeling of all pesticide products within the scope of the standard. 
These statements reference the WPS and certain practices intended to 
reduce or eliminate human exposure to pesticides. The WPS also 
established a schedule for meeting these labeling requirements. The 
schedule required that, by April 21, 1994, all registrants of 
pesticides covered by the WPS had to amend product labeling in 
accordance with PR Notice 93-7 and 93-11. Most products sold or 
distributed by registrants since April 21, 1994, should have WPS-
complying labeling. In some instances, wholesalers and retailers may 
have stocks of products that do not have WPS complying labeling. These 
stocks could have originated from these sources: (1) Products shipped 
by registrants before the April 21, 1994 date; (2) products distributed 
or sold by registrants under the ``released for shipment'' option 
allowed under PR Notice 93-11; or, (3) ``deleted use'' products, for 
which the registrant has amended the registration to delete certain 
uses and these deletions place the product outside the scope of the 
WPS. After April 21, 1994, under the ``release for shipment'' option, 
registrants could sell or distribute products without the WPS label if 
the registrant agreed to either recall and relabel, or relabel products 
at wholesaler sites through an ``authorized agent'' by April 1996.
    The WPS provides that any person other than a registrant (e.g., 
pesticide retailers or wholesalers) who has under their ownership, 
custody or control existing stock of product that is within the scope 
of the WPS, but does not bear WPS labeling, may not legally sell or 
distribute the product after October 23, 1995. The primary purpose of 
this policy statement is to describe the process for relabeling to 
bring products into compliance.

III. Definitions

    The following definitions apply for the purposes of this policy 
statement:
    Distribute or sell means to distribute, sell, offer for sale, hold 
for distribution, hold for sale, hold for shipment, ship, deliver for 
shipment, release for shipment, or receive and (having so received) 
deliver or offer to deliver. The term does not include the holding or 
application of registered pesticides or use dilutions thereof by any 
applicator who provides a service of controlling pests without 
delivering any unapplied pesticide to any person so served.

[[Page 64283]]

    Label means the written, printed, or graphic matter on, or attached 
to, the pesticide or device or any of its containers or wrappers.
    Labeling means all labels and all other written, printed, or 
graphic matter (a) accompanying the pesticide or device; or (b) to 
which reference is made on the label or in literature accompanying the 
pesticide or device.
    Registrant means any person who has registered any pesticide 
pursuant to the provisions in FIFRA (Federal Insecticide, Fungicide, 
and Rodenticide Act).
    Retailer means any person, other than a registrant, who distributes 
or sells pesticides to end-users.
    Wholesaler means any person, other than a registrant, who 
distributes or sells pesticides to persons other than end-users.

IV. Policy Provisions

A. Recognition of Product Labels Requiring Amendment to Comply With WPS

    If a product has labeling required under the WPS, the labeling will 
have an Agricultural Use Requirements box and can be sold or 
distributed after October 23, 1995, without further action. Products 
accompanied only by generic supplemental labeling as outlined in PR 
Notice 93-11 are not considered labeled in compliance with the WPS 
provisions after October 23, 1995. Products that do bear complying WPS 
labeling include those relabeled in accordance with Supplement D of PR 
Notice 93-11 (by using a sticker or similar modification to an existing 
label and full product-specific labeling referenced by the sticker). An 
example of an Agricultural Use Requirements box follows:

                                                                        
------------------------------------------------------------------------
                                                                        
                                AGRICULTURAL USE                        
   REQUIREMENTS                                                         
                                                                        
  Use this product in accordance with its labeling and with             
   the Worker Protection Standard, 40 CFR 170. This                     
   standard contains requirements for the protection of                 
   agricultural workers on farms, forests, nurseries, and               
   greenhouses, and handlers of agricultural pesticides. It             
   contains requirements for training, decontamination,                 
   notification, and emergency assistance. It also contains             
   specific instructions for exceptions pertaining to the               
   statements in this labeling about personal protective                
   equipment, restricted-entry intervals, and notification              
   to workers. The requirements in this box only apply to               
   uses of this product that are covered by the Worker                  
   Protection Standard (WPS).                                           
                                                                        
  Do not enter or allow worker entry into treated areas                 
   during the restricted entry interval (REI) of 48 hours.              
                                                                        
  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 plants, soil, or water is:                                   
    Chemicals over long-sleeved shirt and long pants                    
    Chemical-resistant gloves such as barrier laminate or               
   viton                                                                
    Chemical-resistant footwear plus socks                              
    Protective eyewear                                                  
    Chemical-resistant headgear for overhead exposure                   
                                                                        
  Notify workers of the application by warning them orally              
   and by posting warning signs at entrances to treated                 
   areas.                                                               
                                                                        
------------------------------------------------------------------------

    If a product label does not have an Agricultural Use Requirements 
box, it is necessary to determine whether the product is within the 
scope of the WPS and, therefore, requires WPS labeling. In some 
instances, it may be easy to identify a product that requires WPS 
labeling; the newest shipment of containers of the same product may 
bear the following: (1) Labeling with an Agricultural Use Requirements 
box that refers to the WPS; or (2) stickers referring to supplemental 
replacement labeling which contains such an Agricultural Use 
Requirements box.
    The Agricultural Use Requirements box references the WPS and 
requires certain practices intended to reduce or eliminate worker and 
handler exposure from pesticides. The box includes restricted entry 
intervals, personal protective equipment and the notification 
requirement for pesticide-treated areas. Retailers and wholesalers may 
determine whether modifying a product label is necessary by calling the 
registrant of the product or by using the following diagram and 
criteria presented in Section B to evaluate each product. For 
additional assistance, contact the industry-sponsored ``WPS Task 
Force'' at 1-800-713-2291.

BILLING CODE 6560-50-F

[[Page 64284]]
[GRAPHIC][TIFF OMITTED]TR14DE95.009



BILLING CODE 6560-50-C

[[Page 64285]]


B. Scope Criteria and Determining WPS Applicability to Individual 
Products

    In PR Notice 93-7, registrants were to answer a series of questions 
to determine if their product fell within the scope of WPS. To 
determine whether pesticide products fall within the scope of this 
policy (i.e. those that do not already bear labeling containing WPS 
requirements in an Agricultural Use Requirements box), the following 
questions must be answered:
Begin here for each product:
    1. Does the labeling contain directions for application to:
    <bullet> Plants grown to produce food, feed, or fiber?
    <bullet> Turfgrass?
    <bullet> Ornamental plants, trees, or shrubs?
    <bullet> Plants grown to produce seedlings or transplants?
    <bullet> Plants grown to produce cut flowers or cut ferns?
    <bullet> Trees grown to produce timber?
    <bullet> Areas where any such plants are growing?
    <bullet> Areas where such plants will soon be grown (i.e., pre-
plant or at-plant application)?
    <bullet> Areas from which such plants have just been harvested?
    If you answered ``Yes'' to any of these questions, this product may 
be within the scope of this policy. Go on to question 2.
    If you answered ``No'' to all of these questions, this product is 
not within the scope of this policy statement. Begin again with 
question 1 for your next product.
    2. Does the labeling explicitly limit application only to plants 
intended for aesthetic purposes or climate modification and growing in 
interior plantscapes, ornamental gardens or parks, or on golf courses 
or lawns and grounds?
    If you answered ``Yes'' to this question, this product is not 
within the scope of this policy statement. Begin again with question 1 
for the next product.
    If you answered ``No'' to this question, this product may be within 
the scope of this policy statement.
    Go on to question 3.
    3. Does the labeling explicitly limit uses only to those not 
directly related to the production of food, feed, fiber, timber, 
turfgrass, or ornamentals, such as the following:
    <bullet> Use on pasture or rangeland?
    <bullet> Use on rights-of-way or other non-crop areas?
    <bullet> Use for structural pest control?
    <bullet> Use for mosquito abatement, Mediterranean fruit fly 
eradication, or in other wide-area government-sponsored pest control 
programs?
    If you answered ``Yes'' to this question, this product is not 
within the scope of this policy. Begin again with question 1 for the 
next product.
    If you answered ``No'' to this question, this product may be within 
the scope of this policy. Go on to question 4.
    4. Does the labeling contain directions only for one or more of the 
following:
    <bullet> Control of vertebrate pests?
    <bullet> Use as an attractant in traps?
    <bullet> Use on the portions of agricultural plants that have been 
harvested, including harvested timber?
    <bullet> Application using a point-source pheromone dispenser of a 
size easily retrieved from the field, such as a ``twist-tie''?
    If you answered ``Yes'' to this question, this product is not 
within the scope of this notice. Begin again with question 1 for the 
next product.
    If you answered ``No'' to this question, this product may be within 
the scope of this policy. Go on to question 5.
    5. Is the product labeled primarily for use in production of plants 
in homes, home flower or vegetable gardens, home lawns, or home 
greenhouses? Answer ``yes'' to this question only if the current 
labeling meets all the following tests:
    a. The labeling indicates that the product is intended for use in 
or around the home, home flower or vegetable garden, home lawn, or home 
greenhouse.
    b. The labeling does not include any of the following directions or 
phrases:
    <bullet> Skull and crossbones symbol and word ``Poison.''
    <bullet> A requirement for users to wear a respirator.
    <bullet> A requirement for users to wear chemical-resistant, 
waterproof, or liquid-proof suits or coveralls or ``rainsuits.''
    <bullet> The phrase ``for professional use.''
    <bullet> The phrase ``for commercial use.''
    <bullet> Directions for use on farms, sod farms, forests, 
nurseries, or greenhouses except home greenhouses.
    <bullet> Directions for use including the phrases ``for crop 
production'' or ``for sod production.''
    <bullet> Application rates expressed per acre.
    <bullet> Dilution rates expressed per hundred gallons.
    <bullet> Directions for application by aerial, ground-boom, 
airblast, or other motor-driven vehicles or equipment.
    <bullet> Directions for use of a ``surfactant,'' ``buffer,'' or 
``adjuvant,'' using those words.
    <bullet> Any reference to chemigation.
    <bullet> Directions for mechanical agitation.
    <bullet> Instructions or restrictions concerning livestock grazing.
    c. The product is packaged in a container holding no more than 40 
pounds if the product is a solid, or 2 gallons if it is a liquid, or 2 
pounds if it is an aerosol.
    If all three tests (5a, 5b, 5c) above are fully satisfied, this 
product is not within the scope of this policy. Begin again with 
question 1 for the next product.
    If any of these three tests is not fully satisfied, this product is 
within the scope of this policy statement. (If the product does not 
satisfy all these three tests but you believe it is nonetheless 
intended primarily for home use or is otherwise limited to use on 
plants grown for other than commercial or research purposes, check with 
the registrant. Start again with question 1 for the next product.

C. Registrant Responsibilities in the Revision of Product Labels to 
Comply with the WPS

    Registrants must conduct or authorize any relabeling. If a retailer 
or wholesaler will relabel products, the registrant must provide a 
written authorization and provide product-specific WPS labeling.
    In conducting or authorizing relabeling, registrants are 
responsible for ensuring that relabeling of non-complying products 
takes place in accordance with the WPS and this policy statement. They 
may choose to conduct relabeling by recalling the product and 
relabeling with final printed replacement labeling at a registered 
establishment or relabeling at the location of the product; or 
authorize a wholesaler or retailer to relabel in accordance with this 
policy. Options and required specifications for relabeling are outlined 
in Unit IV.F. of this document.
    The registrant must provide a written authorization to any 
wholesaler or retailer who agrees to relabel non-complying products. 
The authorization should outline the specific roles of the retailer, 
wholesaler, and registrant in relabeling. Registrants are fully 
responsible for ensuring that labeling modifications are carried out 
correctly by any person or company they authorize. Any limitations on 
who may be authorized to carry out relabeling under this policy 
statement must be explicit in the authorization document. The 
authorization cannot change the responsibilities of any of the parts of 
terms of this policy statement. Any relabeling of products with WPS 
labels must be done in cooperation with all involved parties and under 
the written authorization of the registrant.
    The registrant must provide labeling to those they authorize to 
conduct 

[[Page 64286]]
relabeling. The labeling must comply with the WPS and this policy 
statement. This also includes ``STOP stickers'' if supplemental 
labeling is used. A description and specifications for the ``STOP 
stickers'' are given in Unit IV.F. of this document.

D. Wholesaler Revision of Product Labels to Comply with the WPS

    Wholesalers must take the following actions in order to revise 
product labels to comply with the WPS: gain registrant authorization 
for any relabeling at the wholesaler establishment, and distribute non-
complying products only as permitted by this policy statement. 
Wholesalers may use industry-sponsored assistance to identify which 
specific products require WPS-complying labels.
    Wholesalers may gain registrant authorization for relabeling at the 
wholesaler establishment. The registrant may authorize a wholesaler, 
retailer or other person(s) to perform relabeling. Any relabeling of 
products must be performed under the written authorization of the 
registrant. If the registrant will not perform relabeling or authorize 
the wholesaler or another party to relabel, the wholesaler should 
contact EPA's Registration Division (703-305-6250) for instructions on 
how to proceed with these products. Wholesalers must follow the options 
and required specifications for relabeling in this policy statement.
    Wholesalers must not distribute non-complying products, except as 
permitted by this policy statement. Products within the scope of the 
WPS that do not bear WPS labeling may not be legally distributed or 
sold after October 23, 1995. This policy statement, however, allows the 
wholesaler to ship non-complying product prior to relabeling, if the 
following conditions are satisfied: (1) The wholesaler has notified and 
obtained agreement of the receiving person(s) to ensure that WPS 
relabeling will occur before the product is ``offered for sale'' or 
distribution to the end user; and, (2) the registrant will either 
conduct or has authorized relabeling. For the purposes of this policy 
statement, pesticides are considered ``offered for sale'' whenever they 
are available in areas accessible to customers, unless they are clearly 
identified as products that may not be sold until relabeled.
    Industry-sponsored assistance is available to wholesalers in order 
to bring products into compliance with WPS. Wholesalers may contact the 
``WPS Task Force'' at 1-800-713-2291. This service will help identify 
which specific products are covered by the WPS and need WPS-complying 
labeling and distribute ``STOP stickers'' and required WPS supplemental 
labeling for registrants participating in the service. Other requests 
will be referred to other organizations.

E. Retailer Responsibilities in Revision of Product Labels to Comply 
with the WPS

    Retailers must take the three following actions in order to bring 
products into compliance with WPS: do not offer for sale or distribute 
any non-complying products after October 23, 1995. Retailers must 
obtain registrant written authorization for relabeling at the retailer 
establishment. Retailers may use industry-sponsored assistance to bring 
products into compliance.
    Retailers must not offer for sale products that do not comply with 
the WPS after October 23, 1995, except as allowed by this policy 
statement. This policy statement allows products to be relabeled under 
certain specifications prior to being ``offered for sale.'' For the 
purposes of this policy statement, pesticides are considered ``offered 
for sale'' whenever they are available in areas accessible to 
customers, unless they are clearly identified as products that may not 
be sold until relabeled.
    Retailers may gain registrant authorization for relabeling at the 
wholesaler establishment. The registrant may authorize a wholesaler, 
retailer or other person(s) to perform relabeling. Any relabeling of 
products must be performed under the written authorization of the 
registrant. If the registrant will not perform relabeling or authorize 
the retailer or another party to relabel, the retailer should contact 
EPA's Registration Division (703-305-6250) for instructions on how to 
proceed with these products. Retailers must follow the options and 
required specifications for relabeling in this policy statement.
    Industry-sponsored assistance is available to retailers in order to 
bring products into compliance with WPS. Retailers may contact the 
``WPS Task Force'' at 1-800-713-2291. This service will help identify 
which specific products are covered by the WPS and need WPS-complying 
labeling and distribute ``STOP stickers'' and required WPS supplemental 
labeling for registrants participating in the service. Other requests 
will be referred to other organizations.

F. Options for Relabeling

    The following options apply to the majority of products covered by 
this policy statement, i.e. stocks of registered products subject to 
WPS which lack required WPS labeling. The options available to bring 
non-complying product labels into compliance are: final printed WPS-
complying replacement labeling and supplemental product-specific 
labeling with ``STOP stickers.'' Other products, referred to as 
``Special Products,'' are described and discussed in Unit IV.H. of this 
document.
    1. Final printed WPS-complying replacement labeling. Products may 
be relabeled by replacing existing labels and labeling with final 
printed WPS-complying replacement labeling that is securely affixed to 
the pesticide container. The final printed WPS-complying replacement 
labeling must be supplied by the registrant of the product. Such 
labeling must be printed or affixed to the product package. If affixed, 
it must be difficult to remove without residue or damage to the 
underlying packaging or labeling it is replacing. If final printed 
replacement labeling is used, it must meet the above standards as well 
as those required in the WPS.
    Replacement labeling could also be designed only to modify existing 
labeling by adding the required WPS labeling statements without 
replacing the entire existing labeling. Although we do not expect this 
option to be used often, it may provide additional flexibility. If this 
option is chosen, the replacement labeling must be designed and affixed 
in such a way that it will not alter or obscure the other portions of 
the label text that remain unchanged. Under this option, an additional 
supplement containing WPS requirements cannot be developed. 
Additionally, replacement labeling must be affixed in such a manner 
that any existing labeling statements or requirements that are 
superseded by WPS requirements are no longer visible so there is no 
confusion as to the appropriate use restrictions for the end user.
    If the product bears existing labeling on both an outer packaging 
or supplement and an immediate container, the replacement labeling must 
be affixed to both. For inner water soluble packages, the outer 
package, but not the immediate container, will require replacement 
labeling.
    2. Supplemental product-specific labeling. Alternatively, products 
may be relabeled by using supplemental product-specific labeling that 
is provided when the product is offered for sale to the end user, 
provided that a ``STOP sticker'' is affixed to the label and the 
sticker meets the requirements as specified below. The supplemental 
product-specific labeling must be supplied by the registrant of the 
product. 

[[Page 64287]]

    a. Format of supplemental product-specific labeling.--Supplemental 
labeling can be presented in two formats:
    1. Single-product supplement that contains labeling information for 
only the specific product the end-user is buying. This labeling must 
display the (1) full text of current product labeling, or (2) partial 
text that includes complete WPS-complying labeling (as EPA accepted or 
registrant-verified). An example of a single-product supplement follows 
the supplemental labeling specification discussion in Unit IV.F.2.b. of 
this document.
    2. Multi-product supplement that contains labeling information for 
all products for a specific registrant. WPS information required to 
appear on all product labels may appear in the brochure only once, 
along with product-specific WPS information presented for each product 
covered by the brochure. This option is not available for fumigant 
products because of the specialized nature of the fumigant label. An 
example of a brochure follows the supplemental labeling specification 
discussion in Unit IV.F.2.b. of this document.
    b. Supplemental product-specific labeling specifications.--
Supplemental replacement labeling must meet the following 
specifications:
    <bullet> Title. The supplemental labeling must prominently bear the 
words ``SUPPLEMENTAL LABELING WITH WORKER PROTECTION REQUIREMENTS'' at 
the top of the first page or be in a pouch prominently displaying the 
words ``SUPPLEMENTAL LABELING WITH WORKER PROTECTION REQUIREMENTS,'' 
attached to the container.
    <bullet> Content. Supplemental labeling can be presented in a 
single product supplement or a multi-product brochure.
    Single-product supplements include labeling information for only 
the product the end-user is buying. These supplements will contain 
either: (1) The full text of current product labeling, or (2) the 
partial text that includes only the complete WPS product labeling 
information, a contact phone number for the registrant, and no 
information unrelated to the products' labeling. An example of a 
single-product supplement follows:

SINGLE-PRODUCT, PRODUCT-SPECIFIC

(Example)

``Supplemental Labeling With Worker Protection Requirements''

Product Name, Company Name, EPA Reg. No.
For compliance with the Worker Protection Standard (40 CFR Part 170).
Important: This supplemental labeling does not apply (1) to soil or 
space fumigant products, (2) to products containing ethyl parathion, or 
(3) if elsewhere on the product labeling an Agricultural Use 
Requirements box requires compliance with the Worker Protection 
Standard (40 CFR Part 170).
When this product is used on an agricultural establishment (farm, 
forest, nursery, or greenhouse) for the commercial or research 
production of agricultural plants, users must comply with the 
instructions in this supplemental labeling. Users who must comply with 
these instructions include owners/operators of the agricultural 
establishment and owners/operators of commercial businesses that are 
hired to apply pesticides on the agricultural establishment or to 
perform crop-advising tasks on such establishments. Failure to comply 
with the requirements on this supplemental labeling and with the Worker 
Protection Standard (40 CFR Part 170) is a violation of Federal law, 
since it is illegal to use a pesticide product in a manner inconsistent 
with its labeling.

                                                                        

[[Page 64288]]
                                                                        
------------------------------------------------------------------------
                                                                        
                                  AGRICULTURAL USE                      
   REQUIREMENTS                                                         
                                                                        
  Use this product in accordance with its labeling and with             
   the Worker Protection Standard, 40 CFR 170. This                     
   standard contains requirements for the protection of                 
   agricultural workers on farms, forests, nurseries, and               
   green houses, and handlers of agricultural pesticides.               
   It contains requirements for training, decontamination,              
   notification, and emergency assistance. It also contains             
   specific instructions for exceptions pertaining to the               
   statements in this labeling about personal protective                
   equipment, restricted-entry intervals, and notification              
   to workers. The requirements in this box only apply to               
   uses of this product that are covered by the Worker                  
   Protection Standard (WPS).                                           
  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 Agency responsible for pesticide               
   regulation.                                                          
                                                                        
  Entry-Restrictions: Do not enter or allow worker entry                
   into treated areas during the restricted entry interval              
   (REI) of 48 hours/days.                                              
                                                                        
  Notification Instructions: (If required) Notify workers               
   of the application by warning them orally and by posting             
   warning signs at entrances to treated areas.                         
                                                                        
  Personal Protective Equipment (PPE) Requirements:                     
  Handler PPE: Applicators and other handlers must wear:                
    Coveralls over long-sleeved shirt and long pants                    
    Chemical-resistant gloves such as barrier laminate or               
   viton                                                                
    Chemical-resistant footwear plus socks                              
    Protective eyewear                                                  
    Chemical-resistant headgear for overhead exposure                   
    Chemical-resistant apron when cleaning equipment,                   
   mixing, or loading                                                   
                                                                        
  Early Entry PPE: 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 plants, soil, or water is:                 
    Chemicals over long-sleeved shirt and long pants                    
    Chemical-resistant gloves such as barrier laminate or               
   viton                                                                
    Chemical-resistant footwear plus socks                              
    Protective eyewear                                                  
    Chemical-resistant headgear for overhead exposure                   
                                                                        
  Conflicting Instructions: If the requirements of the WPS              
   conflict with instructions listed elsewhere on this                  
   product label, users must obey the more protective                   
   requirements.                                                        
                                                                        
------------------------------------------------------------------------


   
[[Page 64289]]


    Multi-product brochures must contain complete WPS product labeling 
information for all products that are within scope of the WPS for the 
registrant, a contact phone number for the registrant, and no 
information unrelated to the products' labeling. If a brochure includes 
multiple products with similar names (e.g., Weed Killer 4EC, Weed 
Killer 10WP), the brochure must contain an advisory statement located 
near such a grouping reminding users to carefully match the WPS 
requirements in the brochure with the particular product they are 
using. This option is not available for fumigant products. An example 
of a multi-product brochure is provided.

MULTI-PRODUCT, PRODUCT-SPECIFIC

(Example)

``Supplemental Labeling With Worker Protection Requirements''

For compliance with the Worker Protection Standard (40 CFR Part 170):

Important: This supplemental labeling does not apply (1) to soil or 
space fumigant products, (2) to products containing ethyl parathion, or 
(3) if elsewhere on the product labeling an Agricultural Use 
Requirements box requires compliance with the Worker Protection 
Standard (40 CFR Part 170).

When this product is used on an agricultural establishment (farm, 
forest, nursery, or greenhouse) for the commercial or research 
production of agricultural plants, users must comply with the 
instructions in this supplemental labeling. Users who must comply with 
these instructions include owners/operators of the agricultural 
establishment and owners/operators of commercial businesses that are 
hired to apply pesticides on the agricultural establishment or to 
perform crop-advising tasks on such establishments. Failure to comply 
with the requirements on this supplemental labeling and with the Worker 
Protection Standard (40 CFR Part 170) is a violation of Federal law, 
since it is illegal to use a pesticide product in a manner inconsistent 
with its labeling.

                                      WPS Product Summary for Company XYZ:                                      
----------------------------------------------------------------------------------------------------------------
  Advisory: Similar names. Match WPS       Weed Killer 10 G                                 Weed/Insect Killer  
requirements carefully with products.          Granules            Weed Killer 10 WP            Super 8EC       
----------------------------------------------------------------------------------------------------------------
Active Ingredient(s)                   dicarbamon               tribamocarb              dicarbamon             
                                                                tribamocarb              tribamocarb            
                                                                                         oxyethylion            
----------------------------------------------------------------------------------------------------------------
EPA Reg. No.                           9999-1                   9999-2                   9999-3                 
----------------------------------------------------------------------------------------------------------------
REI (hours)                            12                       48                       48 (72 in arid areas)  
----------------------------------------------------------------------------------------------------------------
PPE for Handlers                       Long sleeved shirt       Mixers and loaders:      Applicators:           
Note: ``CR'' = Chemical Resistant      Long pants               Coverall over short      Coverall over long     
                                       Waterproof gloves         sleeved shirt, short     sleeved shirt, long   
                                       Shoes, socks              pants                    pants                 
                                       Protective eyewear       CR footwear, socks       CR gloves such as      
                                                                CR headgear for           barrier laminate or   
                                                                 overhead exposure        viton                 
                                                                CR apron                 CR footwear            
                                                                Dust/mist filtering      CR headgear for        
                                                                respirator (TC-21C)       overhead exposure     
                                                                                         Protective eyewear     
                                                                                                                
                                                                Applicators and other    For exposures in       
                                                                 handlers:                enclosed areas, either
                                                                Coverall over short       an organic vapor      
                                                                 sleeved shirt, short     removing cartridge    
                                                                 pants                    respirator (TC-23C) or
                                                                Waterproof gloves         canister approved for 
                                                                CR footwear, socks        pesticides (TC-14C)   
                                                                CR headgear for                                 
                                                                 overhead exposure                              
                                                                CR apron when cleaning                          
                                                                 equipment                                      
                                                                                         Outdoor exposures:     
                                                                                         dust/mist respirator   
                                                                                          (MSHA/NIOSH TC-21C)   
----------------------------------------------------------------------------------------------------------------

[[Page 64290]]
                                                                                                                
PPE for Early Entry Workers            Coverall                 Coverall over short      Coverall over long     
                                       Waterproof gloves         sleeved shirt, short     sleeved shirt, long   
                                       Shoes, socks              pants                    pants                 
                                       Protective eyewear       Waterproof gloves        CR gloves              
                                                                CR footwear, socks       CR footwear, socks     
                                                                CR headgear for          CR headgear for        
                                                                 overhead exposure        overhead exposure     
                                                                                         Protective eyewear     
----------------------------------------------------------------------------------------------------------------
Double Notification Required?          No                       No                       Yes                    
                                       Only Oral                Only Oral                Oral and posting       
----------------------------------------------------------------------------------------------------------------


    Supplemental distributors must develop separate brochures because 
product names will be different. However, ``buyout/transferred,'' 
``orphaned/canceled,'' and ``dormant'' products for which WPS label 
language has been approved by EPA (all described in Unit IV.H.) may be 
included in the same brochure if the following conditions are met. 
``Buyout/transferred'' products can be included only if (1) both 
registration numbers are listed in the reference table, and (2) the 
brochure cover specifies previous registrants' names represented on the 
``transferred'' products' labels and that these products have been 
transferred to the existing registrant. (i.e., this brochure also 
contains products previously owned by companies B, C, and D but now 
owned by company A. . .) This will facilitate end users locating the 
correct brochure that corresponds to each product. If ``orphaned/
canceled'' products are included, then the reference table should 
specify ``canceled: generic instructions'' for each such product and 
should indicate the specific generic requirements for each particular 
pesticide's label.
    Optional information for both single-product supplements and multi-
product brochures includes: complete registrant identification, 
including company logo; statements clearly connecting the brochure with 
the ``STOP stickered'' product; footnotes explaining chemical resistant 
categories for gloves, respirators, etc.; statements to clarify 
information given in the brochure; and statements concerning: 
discarding, washing, or maintenance of personal protective equipment, 
user safety recommendations, Spanish language warnings, REI's that are 
longer than those prescribed by the WPS, and Engineering Control 
Statements.
    <bullet> Highlighting. If the registrant has chosen to use a multi-
product brochure, instead of a single-product supplement, as described 
in the next sections, EPA strongly encourages that the wholesaler or 
retailer highlight or clearly identify in the brochure the specific 
product(s) being sold or distributed to the end user. This will assist 
the end-user in quickly identifying the requirements for the specific 
product before pesticide application.
    <bullet> Location. EPA strongly encourages physically attaching the 
supplemental labeling to product containers to ensure end-users receive 
the supplemental labeling. (Note: It is a violation of the WPS and this 
policy statement to sell or distribute products with non-complying 
labels or ``offer such products for sale,'' to the end-user without 
providing the appropriate supplemental labeling.) If the labeling is 
not attached, it must be located in close physical proximity (e.g., 
immediately adjacent or next to) and accompany the product when the 
product is offered for sale to the end-user. When products are 
``offered for sale'' to the end user, the supplemental labeling must be 
placed in such a way that it is clear which labeling corresponds to 
which product. Therefore, single-product supplemental labeling for 
different products and multi-product brochures for different 
registrants should not be mixed. Whenever feasible, supplemental 
labeling should accompany the stickered product at every stage of 
distribution.
    <bullet> Format. The supplemental replacement labeling may be 
photocopied, provided all text is legible. Illegible photocopies and 
faxes are unacceptable. The User Safety Recommendations and 
Agricultural Use Requirements must each be located in a clearly 
separate box with lines or other graphic indicators to separate them 
from the surrounding text.
    3. ``STOP sticker'' specifications. If supplemental product-
specific labeling will be used (instead of final printed replacement 
labeling as defined in Unit III.B.1. of this document) a ``STOP 
sticker'' must be applied only to those products that bear a label 
which has not been revised to comply with complete WPS requirements. If 
multiple products are contained on pallets or in shipping containers, 
these containers must be opened and a ``STOP sticker'' must be affixed 
to each individual product's immediate container and outside container 
before the product is offered for sale to the end-user. (The immediate 
containers of water soluble packages do not have to be stickered.)
    ``Stickering'' of products must be carried out according to the 
following specifications:
    <bullet> Required Text. ``STOP--Use this product only in accordance 
with the Worker Protection Standard, 40 CFR Part 170, and the 
``SUPPLEMENTAL LABELING WITH WORKER PROTECTION REQUIREMENTS,'' which 
must be provided when the product is offered for sale. Otherwise, you 
are in violation of FIFRA. For more copies of the labeling, contact 
your dealer or call 1-800-713-2291.
    <bullet> Product labels that must not receive stickers. ``STOP 
stickers'' must NOT be applied to product labels that already comply 
with WPS requirements or that do not require a WPS label. For instance, 
deleted-use products must not receive a sticker or WPS labeling.
    <bullet> Timing. The sticker must be affixed to the product 
container prior to the time the product is offered for sale to the end-
user.
    <bullet> Prominence. The sticker must be legible and prominent on 
the product package through use of contrasting colors or other graphic 
devices and must be placed on the label of each product container.
    <bullet> Location. It must be printed on or affixed to the product 
container. If affixed, it must be difficult to remove without residue 
or damage to 

[[Page 64291]]
underlying packaging or labeling. It must not be located on the bottom 
of the package or any other place that will not readily be noticed by 
users. If the product bears labeling on both outer packaging and 
immediate container, the sticker must be affixed to both. However, 
inner water soluble packages need not be modified under this approach.
    <bullet> Obscuring existing language. The sticker must not obscure 
any information on the existing label.
    <bullet> Highlighting specific products in brochures. EPA strongly 
encourages that the retailer highlight or clearly identify in the 
brochure the specific product(s) being sold or distributed to the end 
user. This will assist the end-user in quickly identifying the 
requirements for the specific product before pesticide application.

G. Relabeling Sites

    WPS-related relabeling under this policy statement may occur at any 
site (such as wholesale or retail sites), by such persons without 
registration of the site as a pesticide-producing establishment. 
Relabeling of stocks of products with non-complying labels product 
under this policy statement may only be carried out by persons acting 
under the authority of the registrant as an ``authorized agent'' of the 
registrant.

H. Amending Product Labels of Special Products to comply with the WPS

    1. Orphaned or canceled products. ``Orphaned'' products are those 
products where the registrants are no longer in business. Canceled 
products are those products canceled pursuant to FIFRA section 4 or 6 
where EPA cancels the registration without transferring it to another 
person. You may have existing stock of these products that are within 
the scope of the WPS and do not bear WPS labeling.
    EPA will allow sale or distribution of a pesticide product which is 
an orphaned or canceled product, after October 23, 1995, provided the 
product labeling is first modified to comply with the requirements 
below.
    Labels of orphan or canceled products must be modified by using a 
``STOP sticker'' and generic supplemental labeling that is provided 
when the product is being offered for sale to the end-user and meets 
certain requirements as specified below. WPS-related relabeling under 
this policy statement, including generic supplemental labeling may 
occur at any site (such as distribution or retail sites), by any 
retailer or wholesaler. An example of the supplemental labeling with 
the generic worker protection requirement is provided.

``Supplemental Labeling With Generic Worker Protection 
Requirements''

For compliance with the Worker Protection Standard (40 CFR Part 170):

Important: This supplemental labeling does not apply (1) to soil or 
space fumigant products, (2) to products containing ethyl parathion, or 
(3) if elsewhere on the product labeling an Agricultural Use 
Requirements box requires compliance with the Worker Protection 
Standard (40 CFR Part 170).

When this product is used on an agricultural establishment (farm, 
forest, nursery, or greenhouse) for the commercial or research 
production of agricultural plants, users must comply with the 
instructions in this supplemental labeling. Users who must comply with 
these instructions include owners/operators of the agricultural 
establishment and owners/operators of commercial businesses that are 
hired to apply pesticides on the agricultural establishment or to 
perform crop-advising tasks on such establishments. Failure to comply 
with the requirements on this supplemental labeling and with the Worker 
Protection Standard (40 CFR Part 170) is a violation of Federal law, 
since it is illegal to use a pesticide product in a manner inconsistent 
with its labeling.

                                                                                                                

[[Page 64292]]
                                                                        
------------------------------------------------------------------------
                                                                        
                              AGRICULTURAL USE REQUIREMENTS             
                                                                        
  Use this product only in accordance with its labeling and             
   with the Worker Protection Standard, 40 CFR 170. This                
   Standard contains requirements for the protection of                 
   agricultural workers on farms, forests, nurseries, and               
   greenhouses, and handlers of agricultural pesticides. It             
   contains requirements for training, decontamination,                 
   notification, and emergency assistance. It also contains             
   specific instructions and exceptions pertaining to the               
   statements in this labeling about personal protective                
   equipment, restricted-entry intervals, and notification              
   to workers. The requirements in this box only apply to               
   uses of this product that are covered by the Worker                  
   Protection Standard (WPS).                                           
  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 agency responsible for pesticide               
   regulation.                                                          
  Entry-Restrictions: Do not enter or allow worker entry                
   during the restricted-entry interval (REI). The                      
   restricted-entry interval for this product is:                       
  <bullet> the specific number of hours or days (if any)                
   listed elsewhere on the product labeling as the reentry              
   interval or entry restriction for the crop or site, if               
   12 hours or more;                                                    
  <bullet> 12 hours, if no specific number of hours or days             
   is listed elsewhere on the product labeling as the                   
   reentry interval or entry restriction for the crop or                
   site;                                                                
  The restricted-entry interval for this product must be at             
   least 12 hours.                                                      
                                                                        
  Notification Instructions: Follow the rules in the WPS                
   for notifying workers of the application. Exception: If              
   the instructions about notification (if any) listed                  
   elsewhere on the product labeling require posting of                 
   treated areas (rather than offering a choice), you must              
   notify workers of the application by warning them orally             
   and by posting signs at entrances to treated areas,                  
   following the rules in the WPS.                                      
                                                                        
  Personal Protective Equipment (PPE) Requirements:                     
    <bullet> Handler PPE: Pesticide handlers must wear the              
   PPE listed elsewhere in the product labeling for                     
   applicators. If specific PPE is required elsewhere on                
   the product label for specific handling tasks (such as               
   mixing or loading), it must be worn while performing                 
   such tasks. In any case, any handler using this product              
   must wear no less than: long-sleeved shirt, long pants,              
   shoes, socks, and chemical-resistant or waterproof                   
   gloves.                                                              
    <bullet> Early Entry PPE: 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 plants, soil, or             
   water, is the same PPE as required elsewhere on this                 
   product label for applicators, except that any                       
   respirator requirement is waived. In any case, the                   
   minimum PPE required for any early entry worker exposed              
   to this product is no less than: coveralls, shoes,                   
   socks, and chemical-resistant or waterproof gloves.                  
                                                                        
  Conflicting Instructions: If the requirements of the WPS              
   conflict with instructions listed elsewhere on this                  
   product label, users must obey the more protective                   
   requirements.                                                        
                                                                        
------------------------------------------------------------------------


   
[[Page 64293]]


    The fumigant generic supplemental labeling must be furnished to 
purchasers of agricultural fumigants. An example of a generic 
supplemental label is provided. The non-fumigant generic supplemental 
labeling must be furnished to purchasers of all other agricultural 
pesticides, except ethyl parathion products.

``Supplemental Labeling With Generic Worker Protection Requirements 
For Agricultural Fumigants''

For compliance with the Worker Protection Standard (40 CFR Part 170):

Important: This supplemental labeling applies ONLY to soil or space 
fumigant products used in the production of agricultural plants. It 
does not apply if elsewhere on the product labeling an Agricultural Use 
Requirements box requires compliance with the Worker Protection 
Standard (40 CFR Part 170).

When this product is used on an agricultural establishment (farm, 
forest, nursery, or greenhouse) for the commercial or research 
production of agricultural plants, users must comply with the 
instructions in this supplemental labeling. Users who must comply with 
these instructions include owners/operators of the agricultural 
establishment and owners/operators of commercial businesses that are 
hired to apply pesticides on the agricultural establishment or to 
perform crop-advising tasks on such establishments. Failure to comply 
with the requirements on this supplemental labeling and with the Worker 
Protection Standard (40 CFR Part 170) is a violation of Federal law, 
since it is illegal to use a pesticide product in a manner inconsistent 
with its labeling.

                                                                        

[[Page 64294]]
                                                                        
------------------------------------------------------------------------
                                                                        
                                AGRICULTURAL USE                        
   REQUIREMENTS                                                         
                                                                        
  Use this product only in accordance with its labeling and             
   with the Worker Protection Standard, 40 CFR Part 170.                
   This Standard contains requirements for the protection               
   of agricultural workers on farms, forests, nurseries,                
   and greenhouses, and handlers of agricultural                        
   pesticides. It contains requirements for training,                   
   decontamination, notification, and emergency assistance.             
   It also contains specific instructions and exceptions                
   pertaining to the statements in this labeling about                  
   personal protective equipment, restricted-entry                      
   intervals, and notification to workers. The requirements             
   in this box only apply to uses of this product that are              
   covered by the Worker Protection Standard (WPS).                     
                                                                        
  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 agency responsible for pesticide               
   regulation.                                                          
                                                                        
  Entry-Restrictions: Follow the applicable entry                       
   restrictions listed elsewhere on the product labeling.               
                                                                        
  Notification Instructions: Follow the rules in the WPS                
   for notifying workers of the application.                            
                                                                        
  Exception: If there are instructions listed elsewhere on              
   the product labeling that requires the posting of                    
   specific signs at treated areas, you must notify workers             
   of the application by warning them orally and by posting             
   the signs specified on the labeling.                                 
                                                                        
  Personal Protective Equipment (PPE) Requirements: Follow              
   the applicable PPE instructions (if any) listed                      
   elsewhere on the labeling.                                           
                                                                        
  Conflicting Instructions: If the requirements of the WPS              
   conflict with instructions listed elsewhere on this                  
   product label, users must obey the more protective                   
   requirements                                                         
------------------------------------------------------------------------
                                                                        



Supplemental generic labeling specifications
    <bullet> Title. The supplemental labeling must prominently bear the 
words ``SUPPLEMENTAL LABELING WITH GENERIC WORKER PROTECTION 
REQUIREMENTS'' at the top of the first page or be in a pouch 
prominently displaying the words ``SUPPLEMENTAL LABELING WITH GENERIC 
WORKER PROTECTION REQUIREMENTS'' attached to the container.
    <bullet> Content. As appropriate to the type of product, the 
generic supplemental labeling must contain the complete text of the 
labeling as provided in the example presented.
    <bullet> Location. EPA strongly encourages physical attachment of 
the supplemental labeling to product containers to ensure end-users 
receive the supplemental labeling. (Note: It is a violation of the WPS 
and this policy statement to sell or distribute products with non-
complying labels or offer such products for sale, to the end-user 
without providing the appropriate supplemental labeling.) If the 
labeling is not attached, it must be located in close physical 
proximity to and accompany the product when the product is offered for 
sale to the end-user. Whenever feasible, supplemental labeling should 
accompany the stickered product at every stage of distribution.
    <bullet> Format. The generic supplemental labeling should be 
similar to that presented in this policy statement, with all text 
legible. See Units IV.F. and IV.H. for examples.
Note: Ethyl Parathion Products: Holders of stocks on products without 
WPS-complying labels may not use the option of generic supplemental 
labeling described below and should contact the registrant of such 
products or, if necessary, EPA for guidance.
``STOP Sticker'' Specifications for Generic Supplemental Labeling
    ``Stickering'' of orphaned or canceled products is only allowed 
according to the following specifications:
    <bullet> Required Text. STOP--Use this product only in accordance 
with the Worker Protection Standard, 40 CFR Part 170, and the 
``SUPPLEMENTAL LABELING WITH WORKER PROTECTION REQUIREMENTS,'' which 
must be provided when the product is offered for sale. Otherwise, you 
are in violation of FIFRA. For more copies of the labeling, contact 
your dealer or call 1-800-713-2291.
    <bullet> Timing. The sticker must be affixed to the product 
container whenever the product is offered for sale or distribution to 
the end user.
    <bullet> Prominence. The sticker must be legible and prominent on 
the product package through use of contrasting colors or other graphic 
devices, and placement on the label of each product container.
    <bullet> Location. It must be printed on or affixed to product 
containers. If affixed, it must be difficult to remove without residue 
or damage to underlying packaging or labeling and must not be located 
on the bottom of the package or any other place that will not readily 
be noticed by users. If the product bears labeling on both outer 
packaging and immediate container, the sticker must be affixed to both. 
(Exception: STOP stickers need not be affixed directly on inner water 
soluble packages.)
    <bullet> Obscuring existing language. The sticker or facsimile must 
not obscure any information on the existing label.
    2. Buy-out or transferred products. These are stocks of products 
that have been transferred to another registrant who has responsibility 
for the product's registration. The existing stocks have the original 
company's name and registration number.
    The new registrant should choose one of the following options to 
deal with these products:
    <bullet> Recall and relabel/repackage. Recalling the products and 
repackaging them at a registered establishment with final printed 
replacement labeling, or
    <bullet> Product-specific relabeling. Conducting or authorizing 
relabeling of products with either: (i) Final printed product-specific, 
WPS-complying replacement labeling or (ii) supplemental product-
specific replacement labeling and a ``STOP sticker'' that meets certain 
requirements. 

[[Page 64295]]
Relabeling must occur in accordance with the section entitled, 
``Supplemental Product-Specific Labeling Specifications.'' This section 
also contains information about including ``transferred'' products in 
multi-product brochures. Generic Supplemental Labeling and STOP 
stickers may NOT be used for these products.
    3. Deleted-use products. These are products for which the 
registrant has amended the registration to delete certain uses (e.g., 
sod) thereby putting the product outside the scope of the WPS. There 
may be existing stocks of such products that still have the previous 
label and are thus within the WPS scope.
    The registrant should choose one of the following options to 
relabel these products. Otherwise, the product may not be distributed 
or sold after October 23, 1995.
    <bullet> Recall and relabel/repackage. Recalling the products and 
relabeling/repackaging them at a registered establishment with the 
current labeling that has been amended to delete WPS uses.
    <bullet> Product-specific relabeling. Conducting or providing a 
written authorization for relabeling of products with the current 
labeling that has been amended to delete any WPS uses. Products can be 
relabeled by: (i) Replacing existing labeling with the current final 
printed replacement labeling, or (ii) marking/blocking out all WPS uses 
and references to WPS uses (e.g., use directions). If final printed 
replacement labeling is used, the amended labeling must completely 
obliterate the previous label so that the previous label does not show. 
It must be securely affixed to the product package and be difficult to 
remove without residue or damage to the underlying packing or labeling. 
If the option to mark/block out of all WPS references is chosen, all 
WPS uses and references to WPS uses must be completely blocked and no 
other portions of the label text that remain unchanged must be altered 
or obscured.
    In the event that a retailer or wholesaler is unable to get a 
registrant to recall and relabel these products, you should contact 
EPA's Registration Division (703-305-6250) for instructions on how to 
proceed with those products.
    4. Dormant products. These are products where no quantity of the 
product has been produced and distributed after April 21, 1994, and for 
which registrants elected to defer labeling amendments. If there are 
products left in the channels of trade, they must not be sold or 
distributed after October 23, 1995. In this situation, the registrant 
has several options:
    <bullet> Product-specific relabeling. Amend the product 
registration to include the WPS requirements and follow all 
requirements for relabeling with product-specific replacement labeling.
    <bullet> Relabeling with non-WPS label. Amend the product 
registration to delete any WPS uses by either recalling and relabeling/
repackaging or by conducting or providing a written authorization for 
relabeling of products at the product's location with the updated, non-
WPS label.
    <bullet> Generic labeling. Voluntarily cancel the registration and 
follow all requirements for orphaned or canceled products concerning 
relabeling with supplemental generic replacement labeling.

V. Deadline for Relabeling and Final Sale

    By October 23, 1996, all products being distributed or sold must 
bear final printed, WPS-complying, replacement labeling that conforms 
to the requirements outlined in this policy statement. Supplemental 
product-specific replacement labeling will not be allowed after this 
date.
    Retailers or wholesalers of orphan or canceled products may still 
use generic supplemental replacement labeling and ``STOP stickers'' in 
accordance with this policy statement after October 23, 1996.

VI. For Further Information and Assistance

    If after reading this policy statement you have questions about 
what you must do to bring the labeling of any product you hold into 
compliance, you are encouraged to call the registrants of any such 
products for assistance. If further assistance is necessary, you may 
call EPA or any of its regional offices for assistance. The EPA 
headquarters number for assistance is (703) 305-6250. Additional 
information also may be obtained from the industry task force at 1-800-
713-2291.

List of Subjects in Part 156

    Environmental protection and Worker protection.

    Dated: November 30, 1995.
Daniel M. Barolo,
Director, Office of Pesticide Programs.

[FR Doc. 95-30503 Filed 12-13-95; 8:45 am]
BILLING CODE 6560-50-F

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