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