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Pesticide Labeling Questions & Answers

afdfsd Consistency Questions

If you don't find an answer to your question on this page, submit your question here. You may also use this form to report any problems you encounter with the Label Review Manual.

Provide your contact information if you need a reply. We may add your question to this page, if it is of general interest.
(Note: Contact your Pesticide Product Registration Ombudsman for specific label issues about a single product).

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These answers are not intended to create significant new guidance or require any changes to previously accepted labeling. The Agency will contact registrants directly about how to correct problematic labels as appropriate. Changes to EPA accepted labeling will only be required in accordance with standard agency procedures.

  1. Advertising Claims
  2. American Type Culture Collection (ATCC) numbers
  3. Antimicrobial Claims
  4. Base Label Contents
  5. Chemigation
  6. Contract Manufacture
  7. Definitions/Interpretations
  8. Distributors
  9. Establishment Numbers
  10. Exception to Use in a Manner Not Permited (FIFRA Sec 2ee)
  11. Existing Stocks
  12. Final Printed Labeling
  13. Globally Harmonized System for Hazard Communication
  14. Labeling Advisories
  15. Labeling from Web Sites
  16. Miscellaneous
  17. Multiple Products Packaged Together
  18. NAFTA Labeling
  19. Names and Address Issues
  20. Notifications
  21. Packaging
  22. Pesticide Exemption (FIFRA 25B)
  23. Pictures and Logos
  24. Product Names
  25. Repacked Products
  26. Service Containers
  27. Storage and Disposal
  28. Subject to FIFRA
  29. Superlative Terms
  30. Supplemental Labeling
  31. Termiticides
  32. Water Soluble Packaging

  1. Advertising Claims
    • A lawn care operator (LCO) has advertising in a local newspaper advertising its service, claiming mosquito and other pest elimination from customer yards. At the bottom of the ad, it states "Safe." Is stating a service using a registered product is “safe” in an advertisement a violation of FIFRA or its associated regulations? (LC08-0177)

      Section 12(a)(1)(B) of FIFRA makes unlawful any sale or distribution of “any registered pesticide if any claims made for it as a part of its distribution or sale substantially differ from any claims made for it as a part of the statement required in connection with its registration.” The statement required for registration must include “a statement of all claims to be made for [the pesticide].” FIFRA 3(c)(1)(C). EPA generally has not allowed the use of “safe” in labeling because it has been considered to be false or misleading. 40 CFR § 156.10(a)(5)(ix). False and misleading claims make a product misbranded and sale and distribution of such product unlawful. See FIFRA §§ 2(q)(q)(A); 12(a)(1)(E). If use of the term “safe” has not been allowed in labeling and use of the term hasn’t been otherwise approved, use of “safe” in advertising the sale or distribution of a pesticide product would generally be considered to substantially differ from what was approved in the registration and sale or distribution of the pesticide would be unlawful under section 12(a)(1)(B) of FIFRA.

      It is important to point out, however, that Section 12(a) is limited to unlawful sale or distribution, which is defined in FIFRA 2(gg) to exclude "the holding or application of registered pesticides ... by any applicator who provides a service of controlling pests without delivering any unapplied pesticide to any person so served." See also FIFRA 2(e)(1). This limits EPA's authority to regulate advertising claims made by certain home lawn care service companies that do not sell or distribute pesticides but merely apply them. To the extent EPA lacks regulatory authority over advertising of services, however, the Federal Trade Commission's (FTC's) broad authority to regulate advertising provides a means to regulate and enforce against excessive or misleading claims made by lawn care operators. Therefore, lawn care operators that do not sell or distribute pesticides but make false or misleading claims about their services, may be subject to enforcement by the FTC.

  2. American Type Culture Collection (ATCC) Numbers

3. Antimicrobial Claims

 

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4. Base Label Contents

5. Chemigation

6. Contract Manufacture

    As stated in the Code of Federal Regulations section 156.10(c)exit EPA"If the registrant's name appears on the label and the registrant is not the producer, or if the name of the person for whom the pesticide was produced appears on the label, it must be qualified by appropriate wording such as "Packed for * * *," "Distributed by * * *," or "Sold by * * *" to show that the name is not that of the producer."

    In this case, the registrant is not the producer, irrespective of the contract manufacturing arrangement. The contract manufacturer is the producer of the pesticide, and therefore the registrant's name must be qualified with either the statement "Produced for * * *" or "Manufactured for * * *."

7. Definitions/Interpretations

8. Distributors

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9. Establishment Numbers
10. Exception to Use in a Manner Not Permited (FIFRA Sec 2ee)

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11. Existing Stocks

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12. Final Printed Labeling

In the label review manual, Section 3, regarding Final Printed label/labeling. Please clarify. Would submission of a pdf that is sent to the printer constitute a Final Printed Label or would this still be considered draft?  Does a registrant have to take a 2- step approach with the Agency to accommodate state submissions such that a pdf is submitted as an FPL with 2 copies of the actual printed version sent at a later time when available? If a pdf is considered draft labeling, how is the registrant notified that it has been provisionally accepted and within what timeframe? How long does the registrant have to submit the actual printed material? Thank you. LC08-0129; 12/13/07

            Since the promulgation of EPA's regulatory labeling requirements for pesticides in 1975, technology to produce true and accurate representations of final printed labeling has significantly advanced.  To that end, true and accurate representations of final printed labeling for each pesticide product as marketed will be acceptable to meet the requirements of 40 CFR 156.10(a)(6).  Generally a provisional draft master label will be reviewed and stamped accepted prior to the submission of final printed labeling.  OPP strongly encourages applicants and registrants to submit draft labeling electronically.  See http://www.epa.gov/oppfead1/eds/edsgoals.htm for more information.  Final printed labeling is not stamped approved by the Agency but is filed in the jacket of each pesticide as a record of the label with which the product is being marketed.

13. Globally Harmonized System for Hazard Communication

14. Labeling Advisories

15. Labeling from Web Sites

16. Miscellaneous
    1. The puncturing of the container is performed by a person who, as a general part of his or her profession, performs recycling and/or disposal activities;
    2. The puncturing is conducted using a device specifically designed to safely puncture aerosol cans and contain the residual contents; and
    3. The puncturing, waste collection, and disposal, are conducted in compliance with all applicable federal, state and local waste (solid and hazardous waste) and occupational safety and health laws and regulations. 

    Failure to comply with all these conditions when puncturing aerosol pesticide containers would constitute use of a pesticide product in a manner inconsistent with its labeling and may result in the imposition of penalties under FIFRA.