0277.20 Attachment F

Environmental Protection Agency

Pt. 156
final interim decision on a registration
review case.
(4) Specify proposed labeling changes;
and
(5) Identify deadlines that it intends
to set for completing any required actions.
(c) After considering any comments
on the proposed decision, the Agency
will issue a registration review decision or interim registration review decision. This decision will include an explanation of any changes to the proposed decision and the Agency’s response to significant comments. The
Agency will publish a notice in the
FEDERAL REGISTER announcing the
availability of a registration review decision or interim registration review
decision. The registration review case
docket will remain open until all actions required in the final decision on
the registration review case have been
completed.
(d) If the registrant fails to take the
action required in a registration review
decision or interim registration review
decision, the Agency may take appropriate action under FIFRA.

§ 155.56 Interim registration review
decision.
The Agency may issue, when it determines it to be appropriate, an interim
registration review decision before
completing a registration review.
Among other things, the interim registration review decision may require
new risk mitigation measures, impose
interim risk mitigation measures,
identify data or information required
to complete the review, and include
schedules for submitting the required
data, conducting the new risk assessment and completing the registration
review. A FIFRA 3(c)(2)(B) notice requiring the needed data or information
may precede, accompany, or follow
issuance of the interim registration review decision. The Agency will follow
procedures in § 155.58 when issuing an
interim registration review decision.

wreier-aviles on DSK7SPTVN1PROD with CFR

§ 155.57 Registration review decision.
A registration review decision is the
Agency’s determination whether a pesticide meets, or does not meet, the
standard for registration in FIFRA.
§ 155.58 Procedures for issuing a decision on a registration review case.
(a) The Agency will publish a notice
in the FEDERAL REGISTER announcing
the availability of a proposed registration review decision or a proposed interim registration review decision. At
that time, the Agency will place in the
pesticide’s registration review docket
the Agency’s proposed decision and the
bases for the decision. There will be a
comment period of at least 60 calendar
days on the proposed decision.
(b) In its proposed decision, the Agency will, among other things:
(1) State its proposed findings with
respect to the FIFRA standard for registration and describe the basis for
such proposed findings.
(2) Identify proposed risk mitigation
measures or other remedies as needed
and describe the basis for such proposed requirements.
(3) State whether it believes that additional data are needed and, if so, describe what is needed. A FIFRA
3(c)(2)(B) notice requiring such data
may be issued in conjunction with a
proposed or final decision on the registration review case or a proposed or

PART 156—LABELING REQUIREMENTS FOR PESTICIDES AND DEVICES
Subpart A—General Provisions
Sec.
156.3 Definitions.
156.10 Labeling requirements.

Subparts B–C [Reserved]
Subpart D—Human Hazard and
Precautionary Statements
156.60 General.
156.62 Toxicity Category.
156.64 Signal word.
156.66 Child hazard warning.
156.68 First aid statement.
156.70 Precautionary statements for human
hazards.
156.78 Precautionary statements for physical or chemical hazards.

Subpart E—Environmental Hazard and
Precautionary Statements
156.80
156.85

General.
Non-target organisms.

Subparts F–G [Reserved]

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§ 156.3

40 CFR Ch. I (7–1–11 Edition)

Subpart H—Container Labeling

produced as prescribed in paragraph (c)
of this section;
(iii) The net contents as prescribed in
paragraph (d) of this section;
(iv) The product registration number
as prescribed in paragraph (e) of this
section;
(v) The producing establishment
number as prescribed in paragraph (f)
of this section;
(vi) An ingredient statement as prescribed in paragraph (g) of this section;
(vii) Hazard and precautionary statements as prescribed in subpart D of
this part for human and domestic animal hazards and subpart E of this part
for environmental hazards.
(viii) The directions for use as prescribed in paragraph (i) of this section;
and
(ix) The use classification(s) as prescribed in paragraph (j) of this section.
(2) Prominence and legibility. (i) All
words, statements, graphic representations, designs or other information required on the labeling by the Act or
the regulations in this part must be
clearly legible to a person with normal
vision, and must be placed with such
conspicuousness (as compared with
other words, statements, designs, or
graphic matter on the labeling) and expressed in such terms as to render it
likely to be read and understood by the
ordinary individual under customary
conditions of purchase and use.
(ii) All required label text must:
(A) Be set in 6-point or larger type;
(B) Appear on a clear contrasting
background; and
(C) Not be obscured or crowded.
(3) Language to be used. All required
label or labeling text shall appear in
the English language. However, the
Agency may require or the applicant
may propose additional text in other
languages as is considered necessary to
protect the public. When additional
text in another language is necessary,
all labeling requirements will be applied equally to both the English and
other-language versions of the labeling.
(4) Placement of Label—(i) General.
The label shall appear on or be securely
attached to the immediate container of
the pesticide product. For purposes of
this section, and the misbranding provisions of the Act, ‘‘securely attached’’

156.140 Identification of container types.
156.144 Residue removal instructions—general.
156.146 Residue removal instructions for
nonrefillable
containers—rigid
containers with dilutable pesticides.
156.156 Residue removal instructions for refillable containers.
156.159 Compliance date.

Subparts I–J [Reserved]
Subpart K—Worker Protection Statements
156.200 Scope and applicability.
156.203 Definitions.
156.204 Modification and waiver of requirements.
156.206 General statements.
156.208 Restricted-entry statements.
156.210 Notification-to-workers statements.
156.212 Personal
protective
equipment
statements.
AUTHORITY: 7 U.S.C. 136–136y.

Subpart A—General Provisions
§ 156.3

Definitions.

Terms used in this part have the
same meaning as in the Act and part
152 of this chapter. In addition, as used
in this part, the following terms shall
have the meanings set forth below.
Dilutable means that the pesticide
product’s labeling allows or requires
the pesticide product to be mixed with
a liquid diluent prior to application or
use.
Transport vehicle means a cargo-carrying vehicle such as an automobile,
van, tractor, truck, semitrailer, tank
car or rail car used for the transportation of cargo by any mode.
[73 FR 64224, Oct. 29, 2008]

wreier-aviles on DSK7SPTVN1PROD with CFR

§ 156.10

Labeling requirements.

(a) General—(1) Contents of the label.
Every pesticide product shall bear a
label containing the information specified by the Act and the regulations in
this part. The contents of a label must
show clearly and prominently the following:
(i) The name, brand, or trademark
under which the product is sold as prescribed in paragraph (b) of this section;
(ii) The name and address of the producer, registrant, or person for whom

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Environmental Protection Agency

§ 156.10

shall mean that a label can reasonably
be expected to remain affixed during
the foreseeable conditions and period
of use. If the immediate container is
enclosed within a wrapper or outside
container through which the label cannot be clearly read, the label must also
be securely attached to such outside
wrapper or container, if it is a part of
the package as customarily distributed
or sold.
(ii) Tank cars and other bulk containers—(A) Transportation. While a pesticide product is in transit, the appropriate provisions of 49 CFR parts 170–
189, concerning the transportation of
hazardous materials, and specifically
those provisions concerning the labeling, marking and placarding of hazardous materials and the vehicles carrying them, define the basic Federal
requirements. In addition, when any
registered pesticide product is transported in a tank car, tank truck or
other mobile or portable bulk container, a copy of the accepted label
must be attached to the shipping papers, and left with the consignee at the
time of delivery.
(B) Storage. When pesticide products
are stored in bulk containers, whether
mobile or stationary, which remain in
the custody of the user, a copy of the
label of labeling, including all appropriate directions for use, shall be securely attached to the container in the
immediate vicinity of the discharge
control valve.
(5) False or misleading statements. Pursuant to section 2(q)(1)(A) of the Act, a
pesticide or a device declared subject
to the Act pursuant to § 152.500, is misbranded if its labeling is false or misleading in any particular including
both pesticidal and non-pesticidal
claims. Examples of statements or representations in the labeling which constitute misbranding include:
(i) A false or misleading statement
concerning the composition of the
product;
(ii) A false or misleading statement
concerning the effectiveness of the
product as a pesticide or device;
(iii) A false or misleading statement
about the value of the product for purposes other than as a pesticide or device;

(iv) A false or misleading comparison
with other pesticides or devices;
(v) Any statement directly or indirectly implying that the pesticide or
device is recommended or endorsed by
any agency of the Federal Government;
(vi) The name of a pesticide which
contains two or more principal active
ingredients if the name suggests one or
more but not all such principal active
ingredients even though the names of
the other ingredients are stated elsewhere in the labeling;
(vii) A true statement used in such a
way as to give a false or misleading impression to the purchaser;
(viii) Label disclaimers which negate
or detract from labeling statements required under the Act and these regulations;
(ix) Claims as to the safety of the
pesticide or its ingredients, including
statements such as ‘‘safe,’’ ‘‘nonpoisonous,’’ ‘‘noninjurious,’’ ‘‘harmless’’
or ‘‘nontoxic to humans and pets’’ with
or without such a qualifying phrase as
‘‘when used as directed’’; and
(x) Non-numerical and/or comparative statements on the safety of the
product, including but not limited to:
(A) ‘‘Contains all natural ingredients’’;
(B) ‘‘Among the least toxic chemicals
known’’
(C) ‘‘Pollution approved’’
(6) Final printed labeling. (i) Except as
provided in paragraph (a)(6)(ii) of this
section, final printed labeling must be
submitted and accepted prior to registration. However, final printed labeling need not be submitted until draft
label texts have been provisionally accepted by the Agency.
(ii) Clearly legible reproductions or
photo reductions will be accepted for
unusual labels such as those silkscreened directly onto glass or metal
containers or large bag or drum labels.
Such reproductions must be of microfilm reproduction quality.
(b) Name, brand, or trademark. (1) The
name, brand, or trademark under
which the pesticide product is sold
shall appear on the front panel of the
label.
(2) No name, brand, or trademark
may appear on the label which:
(i) Is false or misleading, or

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§ 156.10

40 CFR Ch. I (7–1–11 Edition)

(ii) Has not been approved by the Administrator through registration or
supplemental registration as an additional name pursuant to § 152.132.
(c) Name and address of producer,
registrant, or person for whom produced. An unqualified name and address given on the label shall be considered as the name and address of the
producer. 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.
(d) Net weight or measure of contents.
(1) The net weight or measure of content shall be exclusive of wrappers or
other materials and shall be the average content unless explicitly stated as
a minimum quantity.
(2) If the pesticide is a liquid, the net
content statement shall be in terms of
liquid measure at 68 °F (20 °C) and shall
be expressed in conventional American
units of fluid ounces, pints, quarts, and
gallons.
(3) If the pesticide is solid or semisolid, viscous or pressurized, or is a
mixture of liquid and solid, the net
content statement shall be in terms of
weight expressed as avoirdupois pounds
and ounces.
(4) In all cases, net content shall be
stated in terms of the largest suitable
units, i.e., ‘‘1 pound 10 ounces’’ rather
than ‘‘26 ounces.’’
(5) In addition to the required units
specified, net content may be expressed
in metric units.
(6) Variation above minimum content
or around an average is permissible
only to the extent that it represents
deviation unavoidable in good manufacturing practice. Variation below a
stated minimum is not permitted. In
no case shall the average content of
the packages in a shipment fall below
the stated average content.
(7) For a pesticide product packaged
in a refillable container, an appropriately sized area on the label may be
left blank to allow the net weight or
measure of content to be marked in by
the refiller according to 40 CFR
165.65(h) or 165.70(i) prior to distribu-

tion or sale of the pesticide. As required in paragraph (a)(1)(iii) of this
section, the net contents must be
shown clearly and prominently on the
label.
(e) Product registration number. The
registration number assigned to the
pesticide product at the time of registration shall appear on the label, preceded by the phrase ‘‘EPA Registration
No.,’’ or the phrase ‘‘EPA Reg. No.’’
The registration number shall be set in
type of a size and style similar to other
print on that part of the label on which
it appears and shall run parallel to it.
The registration number and the required identifying phrase shall not appear in such a manner as to suggest or
imply recommendation or endorsement
of the product by the Agency.
(f) Producing establishment’s registration number. The producing establishment registration number preceded by
the phrase ‘‘EPA Est.’’, of the final establishment at which the product was
produced may appear in any suitable
location on the label or immediate container. It must appear on the wrapper
or outside container of the package if
the EPA establishment registration
number on the immediate container
cannot be clearly read through such
wrapper or container. For a pesticide
product packaged in a refillable container, an appropriately sized area on
the label may be left blank after the
phrase ‘‘EPA Est.’’ to allow the EPA
establishment registration number to
be marked in by the refiller according
to 40 CFR 165.65(h) or 165.70(i) prior to
distribution or sale of the pesticide.
(g) Ingredient statement—(1) General.
The label of each pesticide product
must bear a statement which contains
the name and percentage by weight of
each active ingredient, the total percentage by weight of all inert ingredients; and if the pesticide contains arsenic in any form, a statement of the
percentages of total and water-soluble
arsenic calculated as elemental arsenic. The active ingredients must be
designated by the term ‘‘active ingredients’’ and the inert ingredients by the
term ‘‘inert ingredients,’’ or the singular forms of these terms when appropriate. Both terms shall be in the same
type size, be aligned to the same margin and be equally prominent. The

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Environmental Protection Agency

§ 156.10

statement ‘‘Inert Ingredients, none’’ is
not required for pesticides which contain 100 percent active ingredients. Unless the ingredient statement is a complete analysis of the pesticide, the
term ‘‘analysis’’ shall not be used as a
heading for the ingredient statement.
(2) Position of ingredient statement. (i)
The ingredient statement is normally
required on the front panel of the label.
If there is an outside container or
wrapper through which the ingredient
statement cannot be clearly read, the
ingredient statement must also appear
on such outside container or wrapper.
If the size or form of the package
makes it impracticable to place the ingredient statement on the front panel
of the label, permission may be granted
for the ingredient statement to appear
elsewhere.
(ii) The text of the ingredient statement must run parallel with other text
on the panel on which it appears, and
must be clearly distinguishable from
and must not be placed in the body of
other text.
(3) Names to be used in ingredient statement. The name used for each ingredient shall be the accepted common
name, if there is one, followed by the
chemical name. The common name
may be used alone only if it is well
known. If no common name has been
established, the chemical name alone
shall be used. In no case will the use of
a trademark or proprietary name be
permitted unless such name has been
accepted as a common name by the Administrator under the authority of section 25(c)(6).
(4) Statements of percentages. The percentages of ingredients shall be stated
in terms of weight-to-weight. The sum
of percentages of the active and the
inert ingredients shall be 100. Percentages shall not be expressed by a range
of values such as ‘‘22–25%.’’ If the uses
of the pesticide product are expressed
as weight of active ingredient per unit
area, a statement of the weight of active ingredient per unit volume of the
pesticide formulation shall also appear
in the ingredient statement.
(5) Accuracy of stated percentages. The
percentages given shall be as precise as
possible reflecting good manufacturing
practice. If there may be unavoidable
variation
between
manufacturing

batches, the value stated for each active ingredient shall be the lowest percentage which may be present.
(6) Deterioration. Pesticides which
change in chemical composition significantly must meet the following labeling requirements:
(i) In cases where it is determined
that a pesticide formulation changes
chemical composition significantly,
the product must bear the following
statement in a prominent position on
the label: ‘‘Not for sale or use after
[date].’’
(ii) The product must meet all label
claims up to the expiration time indicated on the label.
(7) Inert ingredients. The Administrator may require the name of any
inert ingredient(s) to be listed in the
ingredient statement if he determines
that such ingredient(s) may pose a hazard to man or the environment.
(h) [Reserved]
(i) Directions for Use—(1) General requirements—(i) Adequacy and clarity of
directions. Directions for use must be
stated in terms which can be easily
read and understood by the average
person likely to use or to supervise the
use of the pesticide. When followed, directions must be adequate to protect
the public from fraud and from personal injury and to prevent unreasonable adverse effects on the environment.
(ii) Placement of directions for use. Directions may appear on any portion of
the label provided that they are conspicuous enough to be easily read by
the user of the pesticide product. Directions for use may appear on printed
or graphic matter which accompanies
the pesticide provided that:
(A) If required by the Agency, such
printed or graphic matter is securely
attached to each package of the pesticide, or placed within the outside
wrapper or bag;
(B) The label bears a reference to the
directions for use in accompanying
leaflets or circulars, such as ‘‘See directions in the enclosed circular:’’ and
(C) The Administrator determines
that it is not necessary for such directions to appear on the label.
(iii) Exceptions to requirement for direction for use. (A) Detailed directions for
use may be omitted from labeling of

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§ 156.10

40 CFR Ch. I (7–1–11 Edition)

pesticides which are intended for use
only by manufacturers of products
other than pesticide products in their
regular manufacturing processes, provided that:
(1) The label clearly shows that the
product is intended for use only in
manufacturing processes and specifies
the type(s) of products involved.
(2) Adequate information such as
technical data sheets or bulletins, is
available to the trade specifying the
type of product involved and its proper
use in manufacturing processes;
(3) The product will not come into
the hands of the general public except
after incorporation into finished products; and
(4) The Administrator determines
that such directions are not necessary
to prevent unreasonable adverse effects
on man or the environment.
(B) Detailed directions for use may
be omitted from the labeling of pesticide products for which sale is limited to physicians, veterinarians, or
druggists, provided that:
(1) The label clearly states that the
product is for use only by physicians or
veterinarians;
(2) The Administrator determines
that such directions are not necessary
to prevent unreasonable adverse effects
on man or the environment; and
(3) The product is also a drug and
regulated under the provisions of the
Federal Food, Drug and Cosmetic Act.
(C) Detailed directions for use may
be omitted from the labeling of pesticide products which are intended for
use only by formulators in preparing
pesticides for sale to the public, provided that:
(1) There is information readily
available to the formulators on the
composition, toxicity, methods of use,
applicable restrictions or limitations,
and effectiveness of the product for
pesticide purposes;
(2) The label clearly states that the
product is intended for use only in
manufacturing, formulating, mixing,
or repacking for use as a pesticide and
specifies the type(s) of pesticide products involved;
(3) The product as finally manufactured, formulated, mixed, or repackaged is registered; and

(4) The Administrator determines
that such directions are not necessary
to prevent unreasonable adverse effects
on man or the environment.
(2) Contents of Directions for Use. The
directions for use shall include the following, under the headings ‘‘Directions
for Use’’:
(i) The statement of use classification as prescribed in paragraph (j) of
this section immediately under the
heading ‘‘Directions for Use.’’
(ii) Immediately below the statement
of use classification, the statement ‘‘It
is a violation of Federal law to use this
product in a manner inconsistent with
its labeling.’’
(iii) The site(s) of application, as for
example the crops, animals, areas, or
objects to be treated.
(iv) The target pest(s) associated
with each site.
(v) The dosage rate associated with
each site and pest.
(vi) The method of application, including instructions for dilution, if required, and type(s) of application apparatus or equipment required.
(vii) The frequency and timing of applications necessary to obtain effective
results without causing unreasonable
adverse effects on the environment.
(viii) Worker protection statements
meeting the requirements of subpart K
of this part.
(ix) Specific directions concerning
the storage, residue removal and disposal of the pesticide and its container,
in accordance with subpart H of this
part. These instructions must be
grouped and appear under the heading,
‘‘Storage and Disposal.’’ This heading
must be set in type of the same minimum sizes as required for the child
hazard
warning.
(See
table
in
§ 156.60(b))
(x) Any limitations or restrictions on
use required to prevent unreasonable
adverse effects, such as:
(A) Required intervals between application and harvest of food or feed
crops.
(B) Rotational crop restrictions.
(C) Warnings as required against use
on certain crops, animals, objects, or in
or adjacent to certain areas.
(D) For total release foggers as defined in § 156.78(d)(1), the following

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§ 156.60
(2) Restricted Use Classification. Pesticide products bearing direction for
use(s) classified restricted shall bear
statements of restricted use classification on the front panel as described
below:
(i) Front panel statement of restricted
use classification. (A) At the top of the
front panel of the label, set in type of
the same minimum sizes as required
for human hazard signal words (see
table in paragraph (h)(1)(iv) of this section), and appearing with sufficient
prominence relative to other text and
graphic material on the front panel to
make it unlikely to be overlooked
under customary conditions of purchase and use, the statement ‘‘Restricted Use Pesticide’’ shall appear.
(B) Directly below this statement on
the front panel, a summary statement
of the terms of restriction imposed as a
precondition to registration shall appear. If use is restricted to certified applicators, the following statement is
required: ‘‘For retail sale to and use
only by Certified Applicators or persons under their direct supervision and
only for those uses covered by the Certified Applicator’s certification.’’ If,
however, other regulatory restrictions
are imposed, the Administrator will define the appropriate wording for the
terms of restriction by regulation.

statements must be included in the
‘‘Directions for Use.’’

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DO NOT use more than one fogger per
room. DO NOT use in small, enclosed spaces
such as closets, cabinets, or under counters
or tables. Do not use in a room 5 ft.×5 ft. or
smaller; instead, allow fog to enter from
other rooms. Turn off ALL ignition sources
such as pilot lights (shut off gas valves),
other open flames, or running electrical appliances that cycle off and on (i.e., refrigerators, thermostats, etc.). Call your gas
utility or management company if you need
assistance with your pilot lights.’’

(E) For restricted use pesticides, a
statement that the pesticide may be
applied under the direct supervision of
a certified applicator who is not physically present at the site of application
but nonetheless available to the person
applying the pesticide, unless the
Agency has determined that the pesticide may only be applied under the
direct supervision of a certified applicator who is physically present.
(F) Other pertinent information
which the Administrator determines to
be necessary for the protection of man
and the environment.
(j) Statement of use classification. Any
pesticide product for which some uses
are classified for general use and others
for restricted use shall be separately
labeled according to the labeling standards set forth in this subsection, and
shall be marketed as separate products
with different registration numbers,
one bearing directions only for general
use(s) and the other bearing directions
for restricted use(s) except that, if a
product has both restricted use(s) and
general use(s), both of these uses may
appear on a product labeled for restricted use. Such products shall be
subject to the provisions of paragraph
(j)(2) of this section.
(1) General Use Classification. Pesticide products bearing directions for
use(s) classified general shall be labeled with the exact words ‘‘General
Classification’’ immediately below the
heading ‘‘Directions for Use.’’ And reference to the general classification
that suggests or implies that the general utility of the pesticide extends beyond those purposes and uses contained
in the Directions for Use will be considered a false or misleading statement
under the statutory definitions of misbranding.

[40 FR 28268, July 3, 1975; 40 FR 32329, Aug. 1,
1975; 40 FR 36571, Aug. 21, 1975, as amended at
43 FR 5786, Feb. 9, 1978. Redesignated and
amended at 53 FR 15991, 15999, May 4, 1988; 57
FR 38146, Aug. 21, 1992; 60 FR 32096, June 19,
1995; 63 FR 9082, Feb. 23, 1998; 66 FR 64764,
Dec. 14, 2001; 71 FR 47420, Aug. 16, 2006; 73 FR
75596, Dec. 12, 2008]

Subparts B–C [Reserved]
Subpart D—Human Hazard and
Precautionary Statements
SOURCE: 66 FR 64764, Dec. 14, 2001, unless
otherwise noted.

§ 156.60 General.
Each product label is required to bear
hazard and precautionary statements
for humans and domestic animals (if
applicable) as prescribed in this subpart. Hazard statements describe the
type of hazard that may occur, while
precautionary statements will either

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§ 156.62

40 CFR Ch. I (7–1–11 Edition)
TYPE SIZES FOR FRONT PANEL WARNING
STATEMENTS

direct or inform the user of actions to
take to avoid the hazard or mitigate
its effects.
(a) Location of statements—(1) Front
panel statements. The signal word, child
hazard warning, and, in certain cases,
the first aid statement are required to
appear on the front panel of the label,
and also in any supplemental labeling
intended to accompany the product in
distribution or sale.
(2) Statements elsewhere on label. Hazard and precautionary statements not
required on the front panel may appear
on other panels of the label, and may
be required also in supplemental labeling. These include, but are not limited
to, the human hazard and precautionary statements, domestic animal statements if applicable, a Note to
Physician, and physical or chemical
hazard statements.
(b) Placement and prominence—(1)
Front panel statements. All required
front panel warning statements shall
be grouped together on the label, and
shall appear with sufficient prominence relative to other front panel text
and graphic material to make them unlikely to be overlooked under customary conditions of purchase and use.
The table below shows the minimum
type size requirements for the front
panel warning statements for various
front panel sizes.

Point Size
Size of Label Front Panel (Square Inches)

Signal
Word
(All
Capital
Letters)

Child
Hazard
Warning

6
10
12
14
18

6
6
8
10
12

5 and under ...............................................
Over 5 to 10 ..............................................
Over 10 to 15 ............................................
Over 15 to 30 ............................................
Over 30 ......................................................

(2) Other required statements. All other
hazard and precautionary statements
must be at least 6 point type.
§ 156.62 Toxicity Category.
This section establishes four Toxicity
Categories for acute hazards of pesticide products, Category I being the
highest toxicity category. Most human
hazard, precautionary statements, and
human personal protective equipment
statements are based upon the Toxicity
Category of the pesticide product as
sold or distributed. In addition, toxicity categories may be used for regulatory purposes other than labeling,
such as classification for restricted use
and requirements for child-resistant
packaging. In certain cases, statements
based upon the Toxicity Category of
the product as diluted for use are also
permitted. A Toxicity Category is assigned for each of five types of acute
exposure, as specified in the table in
this paragraph.

ACUTE TOXICITY CATEGORIES FOR PESTICIDE PRODUCTS
Hazard Indicators

I

Oral LD50 .................

Up to and including 50
mg/kg
Up to and including 200
mg/kg
Up to and including 0.2
mg/liter
Corrosive; corneal opacity
not reversible within 7
days

Dermal LD50 ............
Inhalation LC50 ........
Eye irritation ............

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Skin irritation ...........

§ 156.64

II

Corrosive

III

IV

>50 thru 500 mg/kg

>500 thru 5,000 mg/kg

>5,000 mg/kg

>200 thru 2000 mg/kg

>2000 thru 20,000 mg/
kg
>2 thru 20 mg/liter

>20,000 mg/kg

>0.2 thru 2 mg/liter
Corneal opacity reversible within 7
days; irritation persisting for 7 days
Severe irritation at 72
hours

>20 mg/liter

No corneal opacity; irritation reversible
within 7 days

No irritation

Moderate irritation at
72 hours

Mild or slight irritation at
72 hours

word, reflecting the highest Toxicity
Category (Category I is the highest
toxicity category) to which the product
is assigned by any of the five routes of
exposure in § 156.62. The signal word

Signal word.

(a) Requirement. Except as provided in
paragraph (a)(4), each pesticide product
must bear on the front panel a signal

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Environmental Protection Agency

§ 156.68
dren.’’ That statement, or any alternative statement approved by EPA,
must appear on a separate line in close
proximity to the signal word, if required. The statement is required on
Toxicity Category IV products that do
not otherwise require a signal word.
(b) In its discretion, EPA may waive
the requirement, or require or permit
an alternative child hazard warning, if:
(1) The applicant can demonstrate
that the likelihood of exposure of children to the pesticide during distribution, marketing, storage or use is remote (for example, an industrial use
product); or
(2) The pesticide is approved for use
on children (for example, an insect repellent).
(c) EPA may approve an alternative
child hazard warning that more appropriately reflects the nature of the pesticide product to which children may
be exposed (for example, an impregnated pet collar). In this case, EPA
may also approve placement on other
than the front panel.

wreier-aviles on DSK7SPTVN1PROD with CFR

must also appear together with the
heading for the human precautionary
statement section of the labeling (see
§ 156.70).
(1) Toxicity Category I. Any pesticide
product meeting the criteria of Toxicity Category I for any route of exposure must bear on the front panel the
signal word ‘‘DANGER.’’ In addition, if
the product is assigned to Toxicity
Category I on the basis of its oral, inhalation or dermal toxicity (as distinct
from skin and eye irritation), the word
‘‘Poison’’ must appear in red on a background of distinctly contrasting color,
and the skull and crossbones symbol
must appear in immediate proximity
to the word ‘‘Poison.’’
(2) Toxicity Category II. Any pesticide
product meeting the criteria of Toxicity Category II as the highest category by any route of exposure must
bear on the front panel the signal word
‘‘WARNING.’’
(3) Toxicity Category III. Any pesticide
product meeting the criteria of Toxicity Category III as the highest category by any route of exposure must
bear on the front panel the signal word
‘‘CAUTION.’’
(4) Toxicity Category IV. A pesticide
product meeting the criteria of Toxicity Category IV by all routes of exposure is not required to bear a signal
word. If a signal word is used, it must
be ‘‘CAUTION.’’
(b) Use of signal words. In no case may
a product:
(1) Bear a signal word reflecting a
higher Toxicity Category than indicated by the route of exposure of highest toxicity, unless the Agency determines that such labeling is necessary
to prevent unreasonable adverse effects
on man or the environment;
(2) Bear a signal word reflecting a
lesser Toxicity Category associated
with a diluted product. Although precautionary statements for use dilutions may be included on label, the signal word must reflect the toxicity of
the product as distributed or sold; or
(3) Bear different signal words on different parts of the label.

§ 156.68 First aid statement.
(a) Product as sold and distributed.
Each product must bear a first aid
statement if the product has systemic
effects in Category I, II, or III, or skin
or eye irritation effects in Category I
or II.
(b) Product as diluted for use. If the
product labeling bears directions for
dilution with water prior to use, the
label may also include a statement describing how the first aid measures
may be modified for the diluted product. Such a statement must reflect the
Toxicity Category(ies) of the diluted
product, based upon data for the route
of exposure (or calculations if appropriate). If the labeling provides for a
range of use dilutions, only that use dilution representing the highest concentration allowed by labeling may be
used as the basis for a statement pertaining to the diluted product. The
statement for a diluted product may
not substitute for the statement for
the concentrate, but augments the information provided for the concentrate.
(c) Heading. The heading of the statement may be ‘‘First Aid’’ or ‘‘Statement of Practical Treatment.’’

§ 156.66 Child hazard warning.
(a) Each pesticide product must bear
on the front panel of the label the
statement ‘‘Keep Out of Reach of Chil-

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§ 156.70

40 CFR Ch. I (7–1–11 Edition)

(d) Location of first aid statement. The
first aid statement must appear on the
front panel of the label of all products
assigned to Toxicity Category I by any
route of exposure. Upon review, the
Agency may permit reasonable variations in the placement of the first aid
statement if a reference such as ‘‘See
first aid statement on back panel’’ appears on the front panel. The first aid
statement for products assigned to
Toxicity Categories II or III may appear on any panel of the label.

heading if domestic animals will not be
exposed to the product.
(b) Content of statements. When data
or other information show that an
acute hazard may exist to humans or
domestic animals, the label must bear
precautionary statements describing
the particular hazard, the route(s) of
exposure and the precautions to be
taken to avoid accident, injury or toxic
effect or to mitigate the effect. The
precautionary paragraph must be immediately preceded by the appropriate
signal word.
(c) Typical precautionary statements.
The table below presents typical hazard and precautionary statements. Specific statements pertaining to the hazards of the product and its uses must
be approved by the Agency. With Agency approval, statements may be augmented to reflect the hazards and precautions associated with the product as
diluted for use. Refer to § 156.68(b) for
requirements for use dilution statements.

§ 156.70 Precautionary statements for
human hazards.
(a) Requirement. Human hazard and
precautionary statements as required
must appear together on the label or
labeling under the general heading
‘‘Precautionary
Statements’’
and
under appropriate subheadings similar
to ‘‘Humans and Domestic Animals,’’
‘‘Environmental Hazards’’ (see subpart
E of this part) and ‘‘Physical or Chemical Hazards.’’ The phrase ‘‘and Domestic Animals’’ may be omitted from the

wreier-aviles on DSK7SPTVN1PROD with CFR

TYPICAL HUMAN HAZARD AND PRECAUTIONARY STATEMENTS
Toxicity Category

Systemic effects (oral, dermal, inhalation toxicity)

Irritation effects (skin and eye)

Sensitizer (There are no categories of sensitization.)

I ................................

Fatal (poisonous) if swallowed
[inhaled or absorbed through
skin]. Do not breathe vapor
[dust or spray mist]. Do not get
in eyes, on skin, or on clothing.
[Front panel first aid statement
required.]

Corrosive, causes eye and skin
damage [or skin irritation]. Do
not get in eyes on skin, or on
clothing. Wear goggles or face
shield and rubber gloves when
handling. Harmful or fatal if
swallowed. [Front panel first
aid statement required.]

If product is a sensitizer: Prolonged or frequently repeated
skin contact may cause allergic
reactions in some individuals.

II ...............................

May be fatal if swallowed, [inhaled or absorbed through the
skin]. Do not breathe vapors
[dust or spray mist]. Do not get
in eyes, on skin, or on clothing.
[Appropriate first aid statement
required.]

Causes eye [and skin] irritation.
Do not get in eyes, on skin, or
on clothing. Harmful if swallowed. [Appropriate first aid
statement required.]

III ..............................

Harmful if swallowed [inhaled or
absorbed through the skin].
Avoid breathing vapors [dust or
spray mist]. Avoid contact with
skin [eyes or clothing]. [Appropriate first aid statement required.]

Avoid contact with skin, eyes or
clothing.

IV .............................

No precautionary statements required

No precautionary statements required.

acteristics of the pesticide product are
required if a product meets the criteria
in this section. Warning statements
pertaining to other physical/chemical

§ 156.78 Precautionary statements for
physical or chemical hazards.
(a) Requirement. Warning statements
on the flammability or explosive char-

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Environmental Protection Agency

§ 156.80

hazards (e.g., oxidizing potential, conductivity, chemical reactions leading
to production of toxic substances) may
be required on a case-by-case basis.
(b) Pressurized products. The table
below sets out the required flammability label statements for pressurized
products.

lease the total contents in one operation, for the purpose of creating a permeating fog within a confined space to
deliver the pesticide throughout the
space.
(2) If a pesticide product is a total release fogger containing a propellant
with a flash point at or below 20 °F,
then the following special instructions
must be added to the ‘‘Physical and
Chemical Hazards’’ warning statement,
in addition to any flammability statement required by paragraph (b) of this
section:
This product contains a highly flammable ingredient. It may cause a fire
or explosion if not used properly. Follow the Directions for Use on this label
very carefully.
(3) A graphic symbol depicting fire,
such as illustrated in this paragraph,
or an equivalent symbol, must be displayed along with the required language adjoining the ‘‘Physical and
Chemical Hazards’’ warning statement.
The graphic symbol must be no smaller
than twice the size of the first character of the human hazard signal word.

FLAMMABILITY STATEMENTS FOR PRESSURIZED
PRODUCTS
Flash point/flame extension of product
—Flash point at or
below 20 °F.

Required labeling statement
Extremely flammable. Contents
under pressure. Keep away from
fire, sparks, and heated surfaces.
Do not puncture or incinerate
container. Exposure to temperatures above 130 °F may cause
bursting.

OR.
—Flashback at any
valve opening.
—Flash point >20 °F to
80 °F.

Flammable. Contents under pressure. Keep away from heat,
sparks and open flame. Do not
puncture or incinerate container.
Exposure to temperatures above
130 °F may cause bursting.

OR.
—Flame extension
more than 18 in. long
at a distance of 6 in
from the flame.
All other pressurized
products.

Contents under pressure. Do not
use or store near heat or open
flame. Do not puncture or incinerate container. Exposure to temperatures above 130 °F may
cause bursting.

Highly Flammable Ingredient
Ingrediente Altamente Inflamable

(c) Non-pressurized products. The table
below sets out the required flammability label statements for non-pressurized products.

Subpart E—Environmental Hazard
and Precautionary Statements
SOURCE: 66 FR 64767, Dec. 14, 2001, unless
otherwise noted.

Flash point

Required labeling statement

At or below 20 °F .........

Extremely flammable. Keep away
from fire, sparks and heated surfaces.

Greater than 20 °F to
80 °F.

Flammable. Keep away from heat
and open flame.

Greater than 80 °F to
150 °F.

Combustible. Do not use or store
near heat or open flame.

§ 156.80

General.

(a) Requirement. Each product is required to bear hazard and precautionary statements for environmental hazards, including hazards to
non-target organisms, as prescribed in
this subpart. Hazard statements describe the type of hazard that may be
present, while precautionary statements direct or inform the user of actions to take to avoid the hazard or
mitigate its effects.
(b) Location of statements. Environmental hazard and precautionary

(d) Total release fogger products. (1) A
total release fogger is defined as a pesticide product in a pressurized container designed to automatically re-

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FLAMMABILITY STATEMENTS FOR NONPRESSURIZED PRODUCTS

§ 156.85

40 CFR Ch. I (7–1–11 Edition)

statements may appear on any panel of
the label and may be required also in
supplemental labeling. The environmental hazard statements must appear
together under the heading ‘‘Environmental Hazards.’’ Typically the statements are grouped as a sub-category
within the ‘‘Precautionary Statements’’ section of the labeling.
(c) Type size. All environmental hazard and precautionary statements
must be at least 6 point type.

wreier-aviles on DSK7SPTVN1PROD with CFR

§ 156.85

nating insects, the label must bear appropriate label cautions.
(6) If a product is intended for outdoor use other than aquatic applications, the label must bear the caution,
‘‘Keep out of lakes, ponds or streams.
Do not contaminate water by cleaning
of equipment or disposal of wastes.’’

Subparts F–G [Reserved]
Subpart H—Container Labeling

Non-target organisms.

SOURCE: 71 FR 47420, Aug. 16, 2006, unless
otherwise noted.

(a) Requirement. Where a hazard exists to non-target organisms, EPA may
require precautionary statements of
the nature of the hazard and the appropriate precautions to avoid potential
accident, injury, or damage.
(b) Examples. The statements in this
paragraph illustrate the types of hazard statements that EPA may require
and the circumstances under which
they are typically required. These
statements are not comprehensive;
other statements may be required if
more appropriate to the formulation or
use.
(1) If a pesticide intended for outdoor
use contains an active ingredient with
a mammalian acute oral LD50 of 100
mg/kg or less, the statement, ‘‘This
pesticide is toxic to wildlife’’ is required.
(2) If a pesticide intended for outdoor
use contains an active ingredient with
a fish acute LC50 of 1 ppm or less, the
statement, ‘‘This pesticide is toxic to
fish’’ is required.
(3) If a pesticide intended for outdoor
use contains an active ingredient with
an avian acute oral LD50 of 100 mg/kg
or less, or a subacute dietary LC50 of
500 ppm or less, the statement, ‘‘This
pesticide is toxic to wildlife’’ is required.
(4) If either accident history or field
studies demonstrate that the use of the
pesticide may result in fatality to
birds, fish or mammals, the statement,
‘‘This pesticide is extremely toxic to
wildlife (fish)’’ is required.
(5) If a product is intended for or involves foliar application to agricultural crops, forests or shade trees, or
mosquito abatement treatments, and
contains a pesticide toxic to polli-

§ 156.140 Identification of container
types.
For products other than plant-incorporated protectants, the following
statements, as applicable, must be
placed on the label or container. The
information may be located on any
part of the container except the closure. If the statements are placed on
the container, they must be durably
marked on the container. Durable
marking includes, but is not limited to
etching, embossing, ink jetting, stamping, heat stamping, mechanically attaching a plate, molding, or marking
with durable ink.
(a) Nonrefillable container. For nonrefillable containers, the statements in
paragraphs (a)(1) through (a)(4) of this
section are required except as provided
in paragraphs (a)(5), (c), (d), and (e) of
this section. If placed on the label, the
statements
in
paragraphs
(a)(1)
through (a)(3) of this section must be
under an appropriate heading under the
heading ‘‘Storage and Disposal.’’ If any
of the statements in paragraphs (a)(1)
through (a)(3) of this section are placed
on the container, an appropriate referral statement such as ‘‘See container
for recycling [or other descriptive
word] information.’’ must be placed on
the label under the heading ‘‘Storage
and Disposal.’’
(1) Statement identifying a nonrefillable
container. The following phrase is required: ‘‘Nonrefillable container.’’
(2) Reuse statement. One of the following statements is required. Products with labels that allow household/
residential use must use the statement
in paragraph (a)(2)(i) or (a)(2)(iii) of
this section. All other products must

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Environmental Protection Agency

§ 156.140
(5) Exemptions. Pesticide products in
the following types of nonrefillable
containers, and their packaging, are
exempt from the requirements in paragraphs (a)(1) and (a)(2) of this section:
(i) Aerosol cans.
(ii) Devices as defined in § 152.500 of
this chapter.
(iii) One-time use caulking tubes and
other one-time use squeezable tube
containers for paste, gel, or other similar substances.
(iv) Foil packets for water soluble
packaging, repellent wipes, and other
one-time use products.
(v) One-time use portion control
packets, such as polyethylene sleeve
packages, or rodenticide placepacks.
(vi) One-time use bait stations.
(vii) One-time use cages for repellent
or trapping strips.
(viii) Pet collars or animal ear tags,
such as cattle ear tags.
(ix) One-time use semiochemical dispersion devices.
(x) Any container that is destroyed
by the use of the product contained.
(xi) Any container that would be destroyed if reuse of the container were
attempted.
(b) Refillable container. For refillable
containers, one of the following statements is required, except as provided in
paragraphs (c), (d), and (e) of this section. If placed on the label, the statement must be under the heading
‘‘Storage and Disposal.’’ If the statement is placed on the container, an appropriate referral statement, such as
‘‘Refilling limitations are on the container.’’ must be placed under the
heading ‘‘Storage and Disposal.’’
(1) ‘‘Refillable Container. Refill this
container with pesticide only. Do not
reuse this container for any other purpose.’’
(2) ‘‘Refillable Container. Refill this
container with [common chemical name]
only. Do not reuse this container for
any other purpose.’’
(c) Modification. EPA may, on its own
initiative or based on data or information submitted by any person, modify
or waive the requirements of this section or permit or require alternative
labeling statements.
(d) Exemption for articles. Pesticidal
articles that are not exempted from
FIFRA regulation by § 152.25(a) of this

use the statement in paragraph
(a)(2)(i), (a)(2)(ii), or (a)(2)(iii) of this
section.
(i) ‘‘Do not reuse or refill this container.’’
(ii) ‘‘Do not reuse this container to
hold materials other than pesticides or
dilute
pesticides
(rinsate).
After
emptying and cleaning, it may be allowable to temporarily hold rinsate or
other pesticide-related materials in the
container. Contact your state regulatory agency to determine allowable
practices in your state.’’
(iii) The following statement may be
used if a product is ‘‘ready-to-use’’ and
its directions for use allow a different
product (that is a similar, but concentrated formulation) to be poured
into the container and diluted by the
end user: ‘‘Do not reuse or refill this
container unless the directions for use
allow a different (concentrated) product to be diluted in the container.’’
(3) Recycling or reconditioning statement. One of the following statements
is required:
(i) ‘‘Offer for recycling if available.’’
(ii) ‘‘Once cleaned, some agricultural
plastic pesticide containers can be
taken to a container collection site or
picked up for recycling. To find the
nearest site, contact your chemical
dealer or manufacturer or contact [a
pesticide container recycling organization] at [phone number] or [web site].
For example, this statement could be
‘‘Once cleaned, some agricultural plastic pesticide containers can be taken to
a container collection site or picked up
for recycling. To find the nearest site,
contact your chemical dealer or manufacturer or contact the Ag Container
Recycling Council (ACRC) at 1–877–952–
2272 (toll-free) or www.acrecycle.org.’’
(iii) A recycling statement approved
by EPA and published in an EPA document, such as a Pesticide Registration
Notice.
(iv) An alternative recycling statement that has been reviewed and approved by EPA.
(v) ‘‘Offer for reconditioning if appropriate.’’
(4) Batch code. A lot number, or other
code used by the registrant or producer
to identify the batch of the pesticide
product which is distributed and sold is
required.

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§ 156.144

40 CFR Ch. I (7–1–11 Edition)

chapter are exempt from the requirements of this section.
(e) Exemption for transport vehicles.
Transport vehicles are exempt from the
requirements of this section.

§ 156.146 Residue removal instructions
for nonrefillable containers—rigid
containers with dilutable pesticides.
The label of each dilutable (liquid or
solid) pesticide product packaged in a
rigid nonrefillable container must include the following residue removal instructions as appropriate.
(a) Timing of the residue removal procedure. One of the following statements
must immediately precede the instructions required in paragraph (b) of this
section and must be consistent with
the instructions in paragraphs (b) and
(c) of this section:
(1) ‘‘Clean container promptly after
emptying.’’
(2) ‘‘Triple rinse or pressure rinse
container (or equivalent) promptly
after emptying.’’
(3) ‘‘Triple rinse container (or equivalent) promptly after emptying.’’
(b) Triple rinse instructions. The label
of each dilutable pesticide product
packaged in rigid nonrefillable containers must include one of the following sets of instructions.
(1) For liquid dilutable pesticide
products in containers small enough to
shake, use the following instructions:
‘‘Triple rinse as follows: Empty the remaining contents into application
equipment or a mix tank and drain for
10 seconds after the flow begins to drip.
Fill the container 1/4 full with water
and recap. Shake for 10 seconds. Pour
rinsate into application equipment or a
mix tank or store rinsate for later use
or disposal. Drain for 10 seconds after
the flow begins to drip. Repeat this
procedure two more times.’’
(2) For solid dilutable pesticide products in containers small enough to
shake, use the following instructions:
‘‘Triple rinse as follows: Empty the remaining contents into application
equipment or a mix tank. Fill the container 1/4 full with water and recap.
Shake for 10 seconds. Pour rinsate into
application equipment or a mix tank or
store rinsate for later use or disposal.
Drain for 10 seconds after the flow begins to drip. Repeat this procedure two
more times.’’
(3) For containers that are too large
to shake, use the following instructions: ‘‘Triple rinse as follows: Empty
remaining contents into application

[71 FR 47420, Aug. 16, 2006, as amended at 73
FR 64224, Oct. 29, 2008]

wreier-aviles on DSK7SPTVN1PROD with CFR

§ 156.144 Residue
tions—general.

removal

instruc-

(a) General. Except as provided by
paragraphs (c) through (g) of this section, the label of each pesticide product must include the applicable instructions for removing pesticide residues from the container prior to container disposal that are specified in
§ 156.146 and § 156.156. The residue removal instructions are required for
both nonrefillable and refillable containers.
(b) Placement of residue removal statements. All residue removal instructions
must be placed under the heading
‘‘Storage and Disposal.’’
(c) Exemption for residential/household
use products. Residential/household use
pesticide products are exempt from the
residue removal instruction requirements in this section through § 156.156.
(d) Modification. EPA may, on its own
initiative or based on data submitted
by any person, modify or waive the requirements of this section through
§ 156.156, or permit or require alternative labeling statements.
(e) Exemption for gases. Pesticide
products that are gaseous at atmospheric temperature and pressure are
exempt from the residue removal instruction requirements in this section
through § 156.156.
(f) Exemption for articles. Pesticidal
articles that are not exempted from
FIFRA regulation by § 152.25(a) of this
chapter are exempt from the residue
removal instruction requirements in
this section through § 156.156.
(g) Exemption for transport vehicles.
Transport vehicles are exempt from the
requirements in this section through
§ 156.156.
[71 FR 47420, Aug. 16, 2006, as amended at 73
FR 64224, Oct. 29, 2008]

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Environmental Protection Agency

§ 156.156

equipment or a mix tank. Fill the container 1/4 full with water. Replace and
tighten closures. Tip container on its
side and roll it back and forth, ensuring at least one complete revolution,
for 30 seconds. Stand the container on
its end and tip it back and forth several times. Turn the container over
onto its other end and tip it back and
forth several times. Empty the rinsate
into application equipment or a mix
tank or store rinsate for later use or
disposal. Repeat this procedure two
more times.’’
(c) Pressure rinse instructions. The
label of each dilutable pesticide product packaged in rigid nonrefillable containers may include one of the following sets of instructions, and one of
them must be used if the statement in
paragraph (a)(2) of this section is used.
If one of these statements is included
on the label, it must immediately follow the triple rinse instructions specified in paragraph (b) of this section.
(1) For liquid dilutable pesticide
products, use the following label instruction: ‘‘Pressure rinse as follows:
Empty the remaining contents into application equipment or a mix tank and
continue to drain for 10 seconds after
the flow begins to drip. Hold container
upside down over application equipment or mix tank or collect rinsate for
later use or disposal. Insert pressure
rinsing nozzle in the side of the container, and rinse at about 40 PSI for at
least 30 seconds. Drain for 10 seconds
after the flow begins to drip.’’
(2) For solid dilutable pesticide products, use the following label instruction: ‘‘Pressure rinse as follows: Empty
the remaining contents into application equipment or a mix tank. Hold
container upside down over application
equipment or mix tank or collect
rinsate for later use or disposal. Insert
pressure rinsing nozzle in the side of
the container, and rinse at about 40
PSI for at least 30 seconds. Drain for 10
seconds after the flow begins to drip.’’
(d) Non-water diluent. (1) A registrant
who wishes to require users to clean a
container with a diluent other than
water (e.g., solvents) must submit to
EPA a written request to modify the
residue removal instructions of this
section. The registrant may not distribute or sell the pesticide with the

modified residue removal instructions
until EPA approves the request in writing.
(2) The registrant must indicate why
a non-water diluent is necessary for efficient residue removal, and must propose residue removal instructions and
disposal instructions that are appropriate for the characteristics and formulation of the pesticide product and
non-water diluent. The proposed residue removal instructions must identify the diluent. If the Directions for
Use permit the application of a mixture of the pesticide and the non-water
diluent, the instructions may allow the
rinsate to be added to the application
equipment or mix tank. If the Directions for Use do not identify the nonwater diluent as an allowable addition
to the pesticide, the instructions must
require collection and storage of the
rinsate in a rinsate collection system.
(3) EPA may approve the request if
EPA finds that the proposed instructions are necessary and appropriate.
§ 156.156 Residue removal instructions
for refillable containers.
The label of each pesticide product
packaged in a refillable container must
include the residue removal instructions in this section. Instructions must
be given for all pesticide products that
are distributed or sold in refillable containers, including those that do not require dilution prior to application.
(a) Timing of the residue removal procedure. One of the following statements
must immediately precede the instructions required in paragraph (b) of this
section and must be consistent with
the instructions in paragraph (b) of
this section:
(1) ‘‘Cleaning the container before
final disposal is the responsibility of
the person disposing of the container.
Cleaning before refilling is the responsibility of the refiller.’’
(2) ‘‘Pressure rinsing the container
before final disposal is the responsibility of the person disposing of the
container. Cleaning before refilling is
the responsibility of the refiller.’’
(b) Residue removal instructions prior to
container disposal. (1) Instructions for
cleaning each refillable container prior
to disposal are required. The residue

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§ 156.159

40 CFR Ch. I (7–1–11 Edition)
workers’ and pesticide handlers’ occupational exposures to pesticides used in
the production of agricultural plants
on agricultural establishments as defined in § 170.3 of this chapter. These
statements refer to specific workplace
practices designed to reduce or eliminate exposure and to respond to emergencies that may arise from the exposures that may occur.
(2) This subpart prescribes interim
requirements that must be placed on
the pesticide label and in pesticide labeling. These interim requirements
pertain to restricted-entry intervals,
personal protective equipment, and notification. On a case-by-case basis,
these interim requirements will be reviewed and may be revised during reregistration or other agency review
processes.
(b) Applicability. (1) The requirements
of this subpart apply to each pesticide
product that bears directions for use in
the production of any agricultural
plant on any agricultural establishment as defined in § 170.3 of this chapter, or whose labeling reasonably permits such use.
(2) The requirements of this subpart
do not apply to a product that bears directions solely for uses excepted by
§ 170.202(b) of this chapter.
(c) Effective dates. No product to
which this subpart applies shall be distributed or sold without amended labeling by any registrant after April 21,
1994, or by any person after October 23,
1995.

removal instructions must be appropriate for the characteristics and formulation of the pesticide product and
must be adequate to protect human
health and the environment.
(2) Subject to meeting the standard
in paragraph (b)(1) of this section, the
statement on residue removal instructions could include any one of the following:
(i) The refilling residue removal procedure developed by the registrant for
the pesticide product.
(ii) Standard industry practices for
cleaning refillable containers.
(iii) For pesticides that require dilution prior to application, the following
statement: ‘‘To clean the container before final disposal, empty the remaining contents from this container into
application equipment or a mix tank.
Fill the container about 10 percent full
with water. Agitate vigorously or recirculate water with the pump for 2
minutes. Pour or pump rinsate into application equipment or rinsate collection system. Repeat this rinsing procedure two more times.’’
(iv) Any other statement the registrant considers appropriate.
§ 156.159 Compliance date.
Any pesticide product released for
shipment by a registrant after August
16, 2011 must bear a label that complies
with
§§ 156.10(d)(7),
156.10(f),
156.10(i)(2)(ix), 156.140, 156.144, 156.146
and 156.156.
[75 FR 62326, Oct. 8, 2010]

Subparts I–J [Reserved]

[57 FR 38146, Aug. 21, 1992, as amended at 73
FR 75596, Dec. 12, 2008]

Subpart K—Worker Protection
Statements

§ 156.203

SOURCE: 57 FR 38146, Aug. 21, 1992, unless
otherwise noted.

wreier-aviles on DSK7SPTVN1PROD with CFR

Definitions.

Terms in this subpart have the same
meanings as they do in the Federal Insecticide, Fungicide, and Rodenticide
Act, as amended. In addition, the following terms, as used in this subpart,
shall have the meanings stated below:
Fumigant means any pesticide product that is a vapor or gas or forms a
vapor or gas on application and whose
method of pesticidal action is through
the gaseous state.

§ 156.200 Scope and applicability.
(a) Scope. (1) This subpart prescribes
statements that must be placed on the
pesticide label and in pesticide labeling. These statements incorporate by
reference
the
Worker
Protection
Standard, part 170 of this chapter. The
requirements addressed in these statements are designed to reduce the risk
of illness or injury resulting from

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Environmental Protection Agency

§ 156.206

Restricted-entry interval or REI means
the time after the end of a pesticide application during which entry to the
treated area is restricted.

only in accordance with its labeling
and with the Worker Protection Standard, 40 CFR part 170.’’ This statement
shall be placed on the product label
under the heading AGRICULTURAL
USE REQUIREMENTS.
(2) Each product shall bear the statement: ‘‘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 on this label [in this labeling] about [use any of the following
that are applicable] personal protective
equipment, restricted-entry interval,
and notification to workers.’’ These
statements shall be placed immediately following the reference statement required by paragraph (b)(1) of
this section, or they shall be placed in
the supplemental product labeling
under the heading AGRICULTURAL
USE REQUIREMENTS.
(3) If the statements in paragraph
(b)(2) of this section are included in
supplemental labeling rather than on
the label of the pesticide container, the
container label must contain this
statement immediately following the
statement required in paragraph (b)(1)
of this section: ‘‘Refer to supplemental
labeling
entitled
AGRICULTURAL
USE REQUIREMENTS in the DIRECTIONS FOR USE section of the labeling for information about this standard.’’
(4) If the statements in paragraph
(b)(2) of this section are included in
supplemental labeling, they must be
preceded immediately by the statement in paragraph (b)(1) of this section
under the heading AGRICULTURAL
USE REQUIREMENTS in the labeling.
(c) Product-type identification. (1) If
the
product
contains
an
organophosphate
(i.e.,
an
organophosphorus ester that inhibits
cholinesterase) or an N-methyl carbamate (i.e., an N-methyl carbamic acid
ester that inhibits cholinesterase), the
label shall so state. The statement
shall be associated with the product
name or product-type identification or

[57 FR 38146, Aug. 21, 1992, as amended at 73
FR 75596, Dec. 12, 2008]

§ 156.204 Modification and waiver of
requirements.
(a) Modification on Special Review. If
the Agency concludes in accordance
with § 154.25(c) of this chapter that a
pesticide should be placed in Special
Review because the pesticide meets or
exceeds the criteria for human health
effects of § 154.7(a)(1)(2) or (6) of this
chapter, the Agency may modify the
personal protective equipment required
for handlers or early-entry workers or
both, the restricted-entry intervals, or
the notification to workers requirements.
(b) Other modifications. The Agency,
pursuant to this subpart and authorities granted in FIFRA sections 3, 6, and
12, may, on its initiative or based on
data submitted by any person, modify
or waive the requirements of this subpart, or permit or require alternative
labeling statements. Supporting data
may be either data conducted according to Subdivisions U or K of the Pesticide Assessments guidelines or data
from medical, epidemiological, or
health effects studies. A registrant who
wishes to modify any of the statements
required in §§ 156.206, 156.208, 156.210, or
156.212 must submit an application for
amended registration unless specifically directed otherwise by the Agency.
[57 FR 38146, Aug. 21, 1992, as amended at 73
FR 75596, Dec. 12, 2008]

wreier-aviles on DSK7SPTVN1PROD with CFR

§ 156.206

General statements.

(a) Application restrictions. Each product shall bear the statement: ‘‘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.’’ This statement
shall be near the beginning of the DIRECTIONS FOR USE section of the labeling under the heading AGRICULTURAL USE REQUIREMENTS.
(b) 40 CFR part 170 reference statement.
(1) Each product shall bear the reference statement: ‘‘Use this product

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§ 156.208

40 CFR Ch. I (7–1–11 Edition)

shall be in the STATEMENT OF PRACTICAL TREATMENT or FIRST AID
section of the label.
(2) If the product is a fumigant, the
label shall so state. The identification
shall appear:
(i) As part of the product name; or
(ii) Close to the product name, as
part of the product-type identification
or as a separate phrase or sentence.
(d) State restrictions. Each product
shall bear the statement: ‘‘For any requirements specific to your State, consult the agency in your State responsible for pesticide regulation.’’ This
statement shall be under the heading
AGRICULTURAL
USE
REQUIREMENTS in the labeling.
(e) Spanish warning statements. If the
product is classified as toxicity category I or toxicity category II according to the criteria in § 156.62, the signal
word shall appear in Spanish in addition to English followed by the statement, ‘‘Si Usted no entiende la
etiqueta, busque a alguien para que se
la explique a Usted en detalle. (If you
do not understand the label, find some
one to explain it to you in detail.)’’ The
Spanish signal word ‘‘PELIGRO’’ shall
be used for products in toxicity category I, and the Spanish signal word
‘‘AVISO’’ shall be used for products in
toxicity category II. These statements
shall appear on the label close to the
English signal word.

‘‘until the acceptable exposure level of
X ppm or mg/m3 is reached.’’
(2) If different restricted-entry intervals have been established for some
crops or some uses of a product, the restricted-entry statement in paragraph
(b)(1) of this section shall be associated
on the labeling of the product with the
directions for use for each crop each
use to which it applies, immediately
preceded or immediately followed by
the words ‘‘Restricted-entry interval’’
(or the letters ‘‘REI’’).
(c) Restricted-entry interval based on
toxicity of active ingredient—(1) Determination of toxicity category. A restricted-entry interval shall be established based on the acute toxicity of
the active ingredients in the product.
For the purpose of setting the restricted-entry interval, the toxicity
category of each active ingredient in
the product shall be determined by
comparing the obtainable data on the
acute dermal toxicity, eye irritation
effects, and skin irritation effects of
the ingredient to the criteria of § 156.62.
The most toxic of the applicable toxicity categories that are obtainable for
each active ingredient shall be used to
determine the restricted-entry interval
for that product. If no acute dermal
toxicity data are obtainable, data on
acute oral toxicity also shall be considered in this comparison. If no applicable acute toxicity data are obtainable
on the active ingredient, the toxicity
category corresponding to the signal
word of any registered manufacturinguse product that is the source of the
active ingredient in the end-use product shall be used. If no acute toxicity
data are obtainable on the active ingredients and no toxicity category of a
registered manufacturing-use product
is obtainable, the toxicity category of
the end-use product (corresponding to
the signal word on its labeling) shall be
used.
(2) Restricted-entry interval for sole active ingredient products. (i) If the product contains only one active ingredient
and it is in toxicity category I by the
criteria in paragraph (c)(1) of this section, the restricted-entry interval shall
be 48 hours. If, in addition, the active
ingredient is an organophosphorus
ester that inhibits cholinesterase and
that may be applied outdoors in an

wreier-aviles on DSK7SPTVN1PROD with CFR

[57 FR 38146, Aug. 21, 1992, as amended at 58
FR 34203, June 23, 1993; 73 FR 75596, Dec. 12,
2008]

§ 156.208 Restricted-entry statements.
(a) Requirement. Each product with a
restricted-entry interval shall bear the
following statement: ‘‘Do not enter or
allow worker entry into treated areas
during the restricted-entry interval
(REI).’’ This statement shall be under
the heading AGRICULTURAL USE REQUIREMENTS in the labeling.
(b) Location of specific restricted-entry
interval statements. (1) If a product has
one specific restricted-entry interval
applicable to all registered uses of the
product on agricultural plants, the restricted-entry interval for the product
shall appear as a continuation of the
statement required in paragraph (a) of
this section and shall appear as follows: ‘‘of X hours’’ or ‘‘of X days’’ or

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wreier-aviles on DSK7SPTVN1PROD with CFR

Environmental Protection Agency

§ 156.210
(f) Existing interim restricted-entry intervals. (1) An interim restricted-entry
interval established by the Agency before the effective date of this subpart
will continue to apply unless a longer
restricted-entry interval is required by
paragraph (c) of this section.
(2) Existing interim restricted-entry
intervals established by the Agency for
pesticide products or pesticide uses not
covered by part 170 of this chapter
shall remain in effect and shall not be
placed under the heading AGRICULTURAL USE REQUIREMENTS in the
labeling.

area where the average annual rainfall
for the application site is less than 25
inches per year, the following statement shall be added to the restrictedentry interval statement: ‘‘(72 hours in
outdoor areas where average annual
rainfall is less than 25 inches a year).’’
(ii) If the product contains only one
active ingredient and it is in toxicity
category II by the criteria in paragraph
(c)(1) of this section, the restrictedentry interval shall be 24 hours.
(iii) If the product contains only active ingredients that are in toxicity
category III or IV by the criteria in
paragraph (c)(1) of this section, the restricted-entry interval shall be 12
hours.
(3) Restricted-entry interval for multiple
active ingredient products. If the product
contains more than one active ingredient, the restricted-entry interval (including any associated statement concerning use in arid areas under paragraph (c)(2)(i) of this section) shall be
based on the active ingredient that requires the longest restricted-entry interval as determined by the criteria in
this section.
(d) Exception for fumigants. The criteria for determining restricted-entry
intervals in paragraph (c) of this section shall not apply to any product
that is a fumigant. For fumigants, any
existing
restricted-entry
interval
(hours, days, or acceptable exposure
level) shall be retained. Entry restrictions for fumigants have been or shall
be established on a case-by-case basis
at the time of registration, reregistration, or other Agency review process.
(e) Existing product-specific restrictedentry intervals. (1) A product-specific restricted-entry interval, based on data
collected in accordance with § 158.1070
or § 161.390 of this chapter and Subdivision K of the Pesticide Assessment
Guidelines, shall supersede any restricted-entry interval applicable to
the product under paragraph (c) of this
section.
(2) Product-specific restricted-entry
intervals established for pesticide products or pesticide uses that are not covered by part 170 of this chapter shall
remain in effect and shall not be placed
under the heading AGRICULTURAL
USE REQUIREMENTS in the labeling.

[57 FR 38146, Aug. 21, 1992, as amended at 58
FR 34203, June 23, 1993; 72 FR 61028, Oct. 26,
2007; 73 FR 75596, Dec. 12, 2008]

§ 156.210 Notification-to-workers statements.
(a) Requirement. Each product that
meets the requirements of paragraph
(b) of this section shall bear the posting and oral notification statements
prescribed below. The statements shall
be in the DIRECTIONS FOR USE section of the labeling under the heading
AGRICULTURAL
USE
REQUIREMENTS.
(b) Notification to workers of pesticide
application. (1) Each product that contains any active ingredient classified
as toxicity category I for either acute
dermal toxicity or skin irritation potential under the criteria in § 156.62
shall bear the statement: ‘‘Notify
workers of the application by warning
them orally and by posting warning
signs at entrances to treated areas.’’ If
no acute dermal toxicity data are obtainable, data on acute oral toxicity of
the active ingredient shall be considered instead. If no data on acute dermal toxicity, skin irritation potential,
or acute oral toxicity are obtainable on
the active ingredient, the toxicity category corresponding to the signal word
of any registered manufacturing-use
product that is the source of the active
ingredient in the end-use product shall
be used. If none of the applicable acute
toxicity data are obtainable on the active ingredient and no toxicity category of the registered manufacturinguse product is obtainable, the toxicity
category of the end-use product corresponding to the product’s signal word
shall be used.

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§ 156.212

40 CFR Ch. I (7–1–11 Edition)
shall be in the HAZARDS TO HUMANS
(AND DOMESTIC ANIMALS) section of
the labeling. The required statements
may be combined to avoid redundancy
as long as the requirements and conditions under which they apply are identified.
(2) Personal protective equipment
statements for early-entry workers.
Personal protective equipment statements for early-entry workers shall be
placed in the DIRECTIONS FOR USE
section of the labeling under the heading AGRICULTURAL USE REQUIREMENTS and immediately after the restricted-entry statement required in
§ 156.208(a).
(d) Personal protective equipment statements for pesticide handlers. (1) The
table in paragraph (e) of this section
specifies minimum requirements for
personal protective equipment (as defined in § 170.240 of this chapter) and
work clothing for pesticide handlers.
This personal protective equipment requirement applies to any product that
presents a hazard through any route of
exposure identified in the table (acute
dermal toxicity, skin irritation potential, acute inhalation toxicity, and eye
irritation potential).
(2) The requirement for personal protective equipment is based on the acute
toxicity category of the end-use product for each route of exposure as defined by § 156.62. If data to determine
the acute dermal toxicity or the acute
inhalation toxicity are not obtainable,
the acute oral toxicity shall be used as
a surrogate to determine the personal
protective equipment requirements for
that route of exposure. If data to determine the acute toxicity of the product
by a specific route of exposure (including acute oral toxicity in lieu of acute
dermal or acute inhalation toxicity)
are not obtainable, the toxicity category corresponding to the signal word
of the end-use product shall be used to
determine personal protective equipment requirements for that route of exposure. If the signal word is ‘‘CAUTION,’’ toxicity category III will be
used.
(3) The minimum personal protective
equipment and work clothing requirements specified in this section shall be

(2) Each product that is a fumigant
and is registered for use in a greenhouse (or whose labeling allows use in
a greenhouse) shall bear the statement:
‘‘For greenhouse applications, notify
workers of the application by warning
them orally and by posting warning
signs outside all entrances to the
greenhouse.’’

wreier-aviles on DSK7SPTVN1PROD with CFR

[57 FR 38146, Aug. 21, 1992, as amended at 58
FR 34203, June 23, 1993; 73 FR 75596, Dec. 12,
2008]

§ 156.212 Personal protective equipment statements.
(a) Requirement. Each product shall
bear the personal protective equipment
statements prescribed in paragraphs (d)
through (j) of this section.
(b) Exceptions. (1) If personal protective equipment were required for a
product before the effective date of this
subpart, the existing requirements
shall be retained on the labeling wherever they are more specific or more
protective (as specified in EPA guidance materials) than the requirements
in the table in paragraph (e) of this section.
(2) Any existing labeling statement
that prohibits the use of gloves or
boots overrides the corresponding requirement in paragraph (e) of this section and must be retained on the labeling.
(3) If the product labeling contains
uses that are not covered by part 170 of
this chapter, the registrant may adopt
the personal protective equipment required in this section for those uses.
However, if the personal protective
equipment required in this section
would not be sufficiently protective or
would be onerously overprotective for
uses not covered by part 170 of this
chapter, the registrant must continue
to apply the existing personal protective equipment requirements to those
uses. The labeling must indicate which
personal protective equipment requirements apply to uses covered by part 170
of this chapter and which personal protective equipment requirements apply
to other uses.
(c) Location of personal protective
equipment statements—(1) Personal protective equipment statements for pesticide
handlers. Personal protective equipment statements for pesticide handlers

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Environmental Protection Agency

§ 156.212

included in a statement such as the following: ‘‘Applicators and other handlers must wear: (body protection
statement); (glove statement, if applicable); (footwear statement, if applicable); (protective eyewear statement, if
applicable); (respirator statement, if
applicable).’’ The format of statements

given in this paragraph is optional, but
it is recommended for clarity.
(e) Summary of personal protective
equipment requirements. The following
table 1 summarizes the personal protective equipment requirements by
route of exposure and toxicity category:

TABLE 1—MINIMUM PERSONAL PROTECTIVE EQUIPMENT (PPE) AND WORK CLOTHING FOR HANDLING
ACTIVITIES
Toxicity Category of End-Use Product
Route of Exposure
I

II

Coveralls worn over
long-sleeved shirt
and long pants
Socks
Chemical-resistant
footwear
Chemical-resistant
gloves 2

Coveralls worn over
short-sleeved shirt
and short pants
Socks
Chemical-resistant
footwear
Chemical-resistant
gloves 2

Inhalation Toxicity ...................

Respiratory protection
device 3

Eye Irritation Potential ............

Protective eyewear

Dermal Toxicity or Skin Irritation Potential 1.
............................................
............................................
............................................

III

IV

Long-sleeved shirt
and long pants

Long-sleeved shirt
and long pants

Socks
Shoes

Socks
Shoes

Chemical-resistant
gloves 2

No minimum 4

Respiratory protection
device 3

No minimum 4

No minimum 4

Protective eyewear

No minimum 4

No minimum 4

1

wreier-aviles on DSK7SPTVN1PROD with CFR

If dermal toxicity and skin irritation potential are in different toxicity categories, protection shall be based on the more toxic
(lower numbered) category.
2 For labeling language for chemical-resistant gloves, see paragraph (f) of this section.
3 For labeling language for respiratory protection device, see paragraphs (g) and (h) of this section.
4 Although no minimum PPE is required by this section for this toxicity category and route of exposure, the Agency may require PPE on a product-specific basis.

(f) Chemical-resistant gloves labeling
statements for pesticide handlers. If the
table in paragraph (e) of this section
indicates
that
chemical-resistant
gloves are required, the glove statement shall be as specified in paragraph
(f)(2), (3), (4), or (5) of this section.
(1) Exception. The registrant shall
specify a glove type other than that selected through the criteria in paragraphs (f)(2) through (5) of this section
if information available to the registrant indicates that such a glove type
is more appropriate or more protective
than the glove type specified in this
section. The statement must specify
the particular types of chemical-resistant glove (such as nitrile, butyl, neoprene, and/or barrier-laminate).
(2) Solid formulations. For products
formulated and applied as solids or formulated as solids and diluted solely
with water for application, the glove
statement shall specify: ‘‘waterproof
gloves.’’
(3) Aqueous-based formulations. For
products formulated and applied as a
water-based liquid or formulated as a

water-based liquid and diluted solely
with water for application, the glove
statement may specify: ‘‘waterproof
gloves’’ instead of the statement in
paragraph (f)(4) of this section.
(4) Other liquid formulations. For products formulated or diluted with liquids
other than water, the glove statement
shall specify: ‘‘chemical-resistant (such
as nitrile or butyl) gloves.’’
(5) Gaseous formulations and applications. For products formulated or applied as gases, any existing glove statement established before the effective
date of this subpart, including any
glove prohibition statement, will continue to apply. If no glove statement or
glove prohibition now exists, the glove
statement shall specify ‘‘chemical-resistant (such as nitrile or butyl)
gloves.’’
(g) Existing respirator requirement for
pesticide handlers on product labeling—
(1) General requirement. If a statement
placed on a product’s labeling before
the effective date of this subpart indicates that respiratory protection is required, that requirement for protection

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§ 156.212

40 CFR Ch. I (7–1–11 Edition)

shall be retained. The statement must
specify, or be amended to specify, one
of the following respirator types and
the appropriate MSHA/NIOSH approval
number prefix:
(i) Dust/mist filtering respirator with
MSHA/NIOSH/ approval number prefix
TC-21C; or
(ii) Respirator with an organic-vaporremoving cartridge and a prefilter approved for pesticides with MSHA/
NIOSH approval number prefix TC-23C
or with a canister approved for pesticides with MSHA/NIOSH approval
number prefix TC-14G; or
(iii) Supplied-air respirator with
MSHA/NIOSH approval number prefix
TC-19C or self-contained breathing apparatus (SCBA) with MSHA/NIOSH approval number TC-13F.
(2) Respirator type already specified on
labeling. If the existing respiratory protection requirement specifies a respirator type, it shall be retained. The
respirator statement must be revised,
if necessary, to conform to the wording
in paragraph (g)(1) of this section.
(3) Respirator type not already specified
on labeling. If the existing respiratory
protection requirement on product labeling does not specify a respirator
type as listed in paragraph (g)(1) of this
section, the specific respirator type
shall be that required in the criteria in
paragraphs (g)(3)(ii) through (vi) of this
section.
(i) Exception. The registrant shall
specify a different type of respiratory
protection device if information, such
as vapor pressure value, is available to
the registrant to indicate that the type
of respiratory protection device selected through the criteria in paragraphs (g)(3)(ii) through (vi) of this section would not be adequately protective, or might increase risks to the
user unnecessarily.
(ii) Gases applied outdoors. For products that are formulated or applied as
a gas (space and soil fumigants) and
that may be used outdoors, the respiratory protection statement shall be:
‘‘For handling activities outdoors, use
either a respirator with an organicvapor-removing
cartridge
with
a
prefilter
approved
for
pesticides
(MSHA/NIOSH approval number prefix
TC-23C), or a canister approved for pes-

ticides (MSHA/NIOSH approval number
prefix TC-14G).’’
(iii) Gases used in enclosed areas. For
products that are formulated or applied
as a gas (space and soil fumigants) and
that may be used in greenhouses or
other enclosed areas, the respiratory
protection statement shall specify:
‘‘For handling activities in enclosed
areas, use either a supplied-air respirator with MSHA/NIOSH approval
number prefix TC-19C, or a self-contained breathing apparatus (SCBA)
with MSHA/NIOSH approval number
TC-13F.’’
(iv) Solids. For products that are formulated and applied as solids, the respiratory protection statement shall
specify: ‘‘dust/mist filtering respirator
(MSHA/NIOSH approval number prefix
TC-21C).’’
(v) Liquids in toxicity category I. For
products that are formulated or applied
as liquids, and, as formulated, have an
acute inhalation toxicity (or its surrogate as specified in paragraph (d)(2) of
this section) in category I, the respiratory protection statement shall
specify: ‘‘either a respirator with an organic-vapor-removing cartridge with a
prefilter
approved
for
pesticides
(MSHA/NIOSH approval number prefix
TC-23C), or a canister approved for pesticides (MSHA/NIOSH approval number
prefix 14G).’’
(vi) Liquids in toxicity category II. For
products that are formulated or applied
as liquids, and, as formulated, have an
acute inhalation toxicity (or its surrogate as specified in paragraph (d)(2) of
this section) in category II, the respiratory protection statement shall
specify: ‘‘For handling activities during (select uses applicable to the product: airblast, mistblower, pressure
greater than 40 p.s.i. with fine droplets,
smoke, mist, fog, aerosol or direct
overhead) exposures, wear either a respirator with an organic-vapor-removing cartridge with a prefilter approved
for pesticides (MSHA/NIOSH approval
number prefix TC-23C), or a canister
approved for pesticides (MSHA/NIOSH
approval number prefix 14G). For all
other exposures, wear a dust/mist filtering respirator (MSHA/NIOSH approval number prefix TC-21C).’’
(h) New respirator requirement established for pesticide handlers in this part—

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wreier-aviles on DSK7SPTVN1PROD with CFR

Environmental Protection Agency

Pt. 157

(1) General requirement. If the table in
paragraph (e) of this section indicates a
respiratory protection device is required, and existing product labeling
has no respiratory protection requirement, the registrant shall add a respiratory protection statement that
specifies a: ‘‘dust/mist filtering respirator (MSHA/NIOSH approval number prefix TC-21C).’’
(2) Exception. The registrant shall
specify a different type of respiratory
protection device if information, such
as vapor pressure value, is available to
the registrant to indicate that the type
of respiratory protection device required in paragraph (h)(1) of this section would not be adequately protective or might increase risks to the user
unnecessarily.
(i) Additional personal protective equipment requirements for pesticide handlers.
In addition to the minimum personal
protective equipment and work clothing requirements given in the table in
paragraph (e) of this section, the labeling statement for any product in toxicity category I or II on the basis of
dermal toxicity or skin irritation potential (or their surrogate as specified
in paragraph (d)(2) of this section),
shall include the following personal
protective equipment instructions, additions, or substitutions as applicable:
(1) If the product is not ready-to-use
and there is no existing requirement
for a chemical-resistant suit, the following statement shall be included:
‘‘Mixers/Loaders: add a chemical-resistant apron.’’
(2) If the application of the product
may result in overhead exposure to any
handler (for example, applicator exposure during airblast spraying of orchards or flagger exposure during aerial application), the following statement shall be included: ‘‘Overhead Exposure: wear chemical-resistant headgear.’’
(3) If any type of equipment other
than the product container may be
used to mix, load, or apply the product,
and there is no requirement for a
chemical-resistant protective suit, the
following statement shall be included:
‘‘For Cleaning Equipment: add a chemical-resistant apron.’’
(j) Personal protective equipment for
early-entry workers. This paragraph

specifies minimum requirements for
personal protective equipment (as defined in § 170.240 of this chapter) and
work clothing for early-entry workers.
(1) For all pesticide products, add the
statement: ‘‘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, wear: (list the body protection,
glove,
footwear,
protective
eyewear, and protective headgear, if
applicable, statements specified for applicators and other handlers, but omit
any respiratory protection statement).’’
(2) If the body protection statement
in the personal protective equipment
requirement for handlers specifies a
long-sleeved shirt and long pants,
‘‘coveralls’’ must be specified in the
statement of personal protective equipment for early-entry workers.
(3) If there is no statement requiring
gloves and no prohibition against
gloves for applicators and other handlers under the heading HAZARDS TO
HUMANS (AND DOMESTIC ANIMALS)
in the labeling, add a requirement for
‘‘waterproof gloves’’ in the statement
of personal protective equipment for
early-entry workers.
[57 FR 38146, Aug. 21, 1992, as amended at 58
FR 34203, June 23, 1993; 73 FR 75596, Dec. 12,
2008]

PART 157—PACKAGING REQUIREMENTS FOR PESTICIDES AND DEVICES
Subpart A [Reserved]
Subpart B—Child-Resistant Packaging
Sec.
157.20 General.
157.21 Definitions.
157.22 When required.
157.24 Exemptions.
157.27 Unit packaging.
157.30 Voluntary use
packaging.
157.32 Standards.
157.34 Certification.
157.36 Recordkeeping.

of

child-resistant

AUTHORITY: 7 U.S.C. 136w.
SOURCE: 51 FR 21286, June 11, 1986; 51 FR
36692, Oct. 15, 1986, unless otherwise noted.

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