MDA Notes from the Field: Labels & Container Rules

1. MDA Notes from the Field:Labels & Container Rules Scott Revier- ACI Winger Mike Fick – ACI Vergas

2. Common Questions & Concerns • Label Language • Mandatory OR Advisory • Containers • Federal/State Container Rules & Requirements

3. Label Language Mandatory Language = Must Follow • Do not apply directly to water • Handlers must wear goggles • No aerial application allowed • Apply this product only when wind is less than 10 mph • Do not apply this product…if bees are visiting… Understanding LabelLanguage

4. Label Language Advisory Language = Consider • For best results apply with… • Hose-end type sprayers are not recommended • Performance control can be improved by… • Consult a representative for more information • The use of additives may improve efficacy Understanding LabelLanguage

5. So What does this Mean? Do Not… Must… or No = mandatory use directions VS Recommend… Consult … or May = advisory or suggested practices Understanding LabelLanguage

6. Off target ROW application

7. Damage to soybean field

8. Garlon 3A label states: • “Make applications only when there is little or no hazard from spray drift. • Small quantities of spray, which may not be visible may seriously injure susceptible plants. Do not spray when wind is blowing toward susceptible crops or ornamental plants that are near enough to be injured.”

9. Escort XP label states: • “AVOID GUSTY OR WINDLESS CONDITIONS.”

10. MDA Enforcement Actions Minnesota Statute l8B.07, Subd. 2 (a), a person may not use a pesticide in a manner inconsistent with a label or labeling. B. Minnesota Statute 18B.07, Subd. 2 (a) 92), a person may not use a pesticide in a manner that damages agricultural products. C. Minnesota Statute l8B.37, Subd. 2 (a), a commercial applicator must maintain a complete record of pesticides used on each site. $ 750.00 penalty paid to MDA

11. Container Rules Refillable Pesticide Containers New Rules

12. NEW IN 2011 Pesticide Container Rules Highlights Effective August 16, 2011 − • ANY and ALL portable refillable bulk containers must meet new requirements. • Farmer-owned containers are NOT exempt. • Service containers used for commercial (service containers) applications are exempt. Refillable Pesticide Container s – New Rules

13. Refillable Container Standards • Containers must meet US DOT Packaging III standards: • Design, Construction and Markings • Container meets standards when: • Tanks have UN markings with “X”, “Y”, or “Z” • Tank is listed as acceptable by the registrant • Repackagers must have: • List of acceptable containers • Repackaging authorizations • Cleaning instructions from each registrant. Refillable Pesticide Container s – New Rules

17. Seals and Valves • Seals or one way valves required for all openings including on pumps. • Containers must be triple rinsed each time if seal is broken and/or it does not have a one-way valve . • Currently, there are very few pumps equipped with one-way valves. • Tanks can be retrofitted with one-way valves. This will reduce the need to triple rinse the tank. Refillable Pesticide Container s – New Rules

18. One way check valve Needs a specific tool to open-this must be sealed if it can be removed.

20. Container tracking • Records required for each container: • EPA Number • Date Filled • Serial Number or Bar Code • Each refillable container must have a unique ID such as a serial number or a bar code assigned by the dealer. • Three year retention schedule Refillable Pesticide Container s – New Rules

21. Bar Code

22. Pressure Testing Refillable Pesticide Container s – New Rules • All containers > 119 gals must be pressure tested every 30 months. • By Dealer or other authorized person • Date of the pressure test must be written on the container. • Permanently affixed

23. Red Flags: • String of numbers need X, Y, or Z • Broken seals • No EPA Registration Number • Net Contents missing • Product Label absent or unreadable • Serial Number/Bar Code not assigned Refillable Pesticide Container s – New Rules

24. QUESTIONS? • Understanding Label Language • Refillable Container – New Rules For more information: www.mda.state.mn.us or contact your local ACI