WAC 16-228-1400
What are the requirements for pesticide
labels? (1) In addition to the requirements set forth in (2)
through (5) below, pesticide labeling shall meet the standards
or criteria of FIFRA.
(2) Any pesticide exempted from registration under the
provisions of section 18 of FIFRA must be labeled as follows:
(a) Pesticides distributed under section 18 of FIFRA must
be accompanied by a label approved by the department prior to
distribution. All conditions set forth in the document
granting the emergency exemption and all other requirements
determined to be necessary by the department must be included
on the label.
(b) In situations where a label cannot be developed and
approved prior to the intended use period, the department may
allow the use of the document granting the emergency exemption
in lieu of labeling. Conditions set forth as part of the
granting document, and any attached or associated
documentation from the department shall be considered labeling
for purposes of enforcement.
(3) Labels for spray adjuvants must include the
following:
(a) The product brand name.
(b) The type or function of principal functioning agents.
Terms used to describe adjuvant functions must be consistent
with ASTM International Standards E 1519 and/or E 609, unless
ASTM International has not defined a term. In the absence of
an ASTM International definition, the department will
determine the appropriate term(s). Functions claimed must be
consistent with the principal functioning agents. If two or
more functions are claimed, then the functions must be listed
in descending order (starting with the primary function).
(c) An ingredient statement that shall include the
following:
(i) "Principal functioning agents." The principal
functioning agents must be listed by chemical name in
descending order of composition with either individual or
total percentage(s). If more than 3 functioning agents are
present, only the 3 principal agents need to be listed;
(ii) The percentage of "Constituents ineffective as spray
adjuvants," and
(iii) The total percentage of all ingredients which must
equal 100%.
(d) Directions for use that must include a description of
intended uses and recommended use rates.
(e) Precautionary statements adequate to protect people
and the environment that shall include the following:
(i) The statement "Keep Out Of Reach Of Children."
(ii) A signal word (danger, warning or caution) and
precautionary statements (including requirements for personal
protective equipment, if applicable) consistent with product
toxicity data; and
(iii) A statement prohibiting aquatic use, unless the
registrant provides data to demonstrate that the proposed use
will not cause unreasonable adverse effects to fish and
aquatic invertebrates.
(f) An appropriate storage and disposal statement.
(g) The name and address of the registrant or
manufacturer. If the registrant's name appears on the label
and the registrant is not the manufacturer, then the name must
be qualified by appropriate wording such as "Packaged for" or
"Distributed by."
(h) The weight or measure of the contents.
(i) In situations where the department deems it
appropriate, the use of alternative language and/or statements
may be allowed or required.
(j) Optional information: The spray adjuvant label may
also include an exemption from tolerance statement (if
applicable), an unsulfonated residue (UR) value (if
applicable), the Washington registration number and a label
identification code (such as the revision date).
(4) Special local need (SLN) labels issued under section
24c of FIFRA must include the following:
(a) A federal or state Restricted Use Pesticide (RUP)
designation statement (when applicable).
(b) The statement "FOR DISTRIBUTION AND USE ONLY WITHIN THE STATE OF
WASHINGTON."
(c) The product brand name.
(d) The EPA and SLN registration numbers of the product.
(e) The statement: "It is a violation of federal law to
use this product in a manner inconsistent with its labeling."
(f) The statement: "This labeling must be in the
possession of the user at the time of application."
(g) One of the following statements:
(i) For agricultural use SLN labels the statement:
"Follow all applicable directions, restrictions, worker
protection standard requirements, and precautions on the EPA
registered label"; or
(ii) For nonagricultural use SLN labels the statement:
"Follow all applicable directions, restrictions, and
precautions on the EPA registered label."
(h) Directions for use that must include the following:
crop or site to be treated, pest(s) to be controlled,
application rate and concentration, method of application,
frequency and timing of application, and pre-harvest interval.
(i) All restriction or precaution statements (e.g.
pollinator protection, herbicide drift, aquatic toxicity,
chemigation, seed crop requirements) applicable to the use.
(j) An expiration date statement such as: "This label
for (Product name) expires and must not be distributed or used
in accordance with this SLN registration after December 31,
(Fifth year)." Fifth year means the fifth year after issuance
of the SLN label.
(k) The name and address of the SLN registrant.
(l) A label identification code (such as the revision
date).
(m) Any other applicable information required by the EPA
or the department.
(n) In situations where the department deems it
appropriate, the use of alternative language and/or statements
may be allowed or required.
(o) Optional information: The SLN label may also include
a waiver of liability statement (if applicable). The waiver
of liability statement must be consistent with EPA
requirements.
(5) Labels for minimum risk pesticides exempted from
federal registration under section 25(b) of FIFRA must include
the following:
(a) The product brand name.
(b) The product function. The function(s) claimed must
be consistent with product ingredients.
(c) An ingredient statement that shall include the
following:
(i) "Active ingredients." These ingredients must be
listed by name (in descending order of composition) with
individual percentage(s). Only active ingredients listed in
40 CFR 152.25(g) are permitted;
(ii) "Inert ingredients" or "Other ingredients." These
ingredients must be listed by name with the cumulative
percentage of all inert ingredients stated on the label. Only
inert ingredients on EPA Inerts List 4A (40 CFR 180.950) are
permitted; and
(iii) The total percentage of all ingredients which must
equal 100%.
(d) Directions for use that must include a description of
intended uses and use rates. The label must not bear claims
either to control or mitigate microorganisms that pose a
threat to human health.
(e) Precautionary statements adequate to protect people
and the environment that shall include the following:
(i) The statement "Keep Out Of Reach Of Children," and
(ii) A signal word (danger, warning or caution) and
precautionary statements (including requirements for personal
protective equipment, if applicable) consistent with product
toxicity data.
(f) An appropriate storage and disposal statement.
(g) The name and address of the registrant or
manufacturer. If the registrant's name appears on the label
and the registrant is not the manufacturer, then the name must
be qualified by appropriate wording such as "Packaged for" or
"Distributed by."
(h) The weight or measure of the contents.
(i) In situations where the department deems it
appropriate, the use of alternative language and/or statements
may be allowed or required.
(j) Optional information: The minimum risk pesticide
label may also include the Washington registration number and
a label identification code (such as the revision date).
[Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. 07-11-041A, § 16-228-1400, filed 5/9/07, effective 6/9/07;
03-22-029, § 16-228-1400, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.58 and 17.21 RCW. 00-22-074, § 16-228-1400, filed 10/30/00, effective 11/30/00. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, § 16-228-1400, filed 10/20/99, effective 11/20/99.]