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Subject 40-11-6 LABELING

Rule 40-11-6-.01 Contents of the Label

(1) Every pesticide shall bear a label showing clearly and prominently:
(a) The name brand or trademark under which the product is sold, on the front panel of the label. Such designation shall not be false or misleading.
(b) The name and address of the producer, registrant or person for whom produced. An unqualified name and address shall be considered to be that 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 "___________" to show that the name is not that of the producer.
(c) Net weight or measure of contents.
1. 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.
2. If the pesticide is a liquid, the net content shall be expressed in terms of liquid measure at 68 degrees F (20 degrees C), i. e., fluid ounces, pints, quarts or gallons.
3. If the pesticide is solid, semi-solid, or pressurized, the net content shall be in terms of avoirdupois pounds and ounces.
4. In all cases, net content shall be in terms of largest appropriate units, i.e., "1 pound 3 ounces", rather than "19 ounces".
5. In addition to the required units specified, net content may be expressed in metric units.
6. Variations above minimum content or around an average are permissible only to the extent that they represent deviations 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.
(d) The "EPA Registration Number" or EPA SLN Number. Such information shall not appear in any manner suggesting or implying recommendation or endorsement of the product by the State or Federal Agency.
(e) The "EPA Establishment Number" of the final establishment in which the product was produced. Provided, it may appear on the immediate container of the product, and must be placed so that it can be read upon normal viewing of the outside of the package.
(f) Ingredient Statement.
1. Contents. The ingredient statement of every pesticide label shall contain:
(i) The name and percentage by weight of each active ingredient.
(ii) The total percentage by weight of the inert ingredients.
(iii) If the product contains arsenic, the percentages of total and water-soluble arsenic as elemental arsenic.
2. Form. Active ingredients must be designated "Active Ingredients" and inert ingredients by "Inert Ingredients". Both terms shall be in same type size, equally prominent and aligned to the same margin. "Inert Ingredients" is not required, if all ingredients are active.
3. Position. The ingredient statement must appear on the front panel, except where size or form of the package makes it impractical and it may be permitted by the Commissioner to appear elsewhere. Ingredient statement must be capable of being read upon normal viewing of the outside of the package. Text of ingredient statement must be set apart from and run parallel to other label text.
4. Names of ingredients. Ingredients shall be designated by the accepted common name, if they have one, followed by chemical name. The common name may be used alone only if well known. If there is no common name, the chemical name may be used alone.
5. Percentages of ingredients. Percentages shall be stated on a weight to weight basis and the sum of active and inert ingredients shall be 100%. Ranges of percentage values will not be permitted. If label dosage is expressed as weight of active ingredient per unit area, the weight of active ingredient per unit volume must also appear in the ingredient statement.
6. Stability Statement. Labels of pesticides which have been determined to change chemical composition significantly, shall bear the following: "Not for sale or use after "date", and product must meet label claims up to date indicated.
7. Inert Ingredients. The Commissioner may require the listing in the ingredient statement of any inert ingredient which he determines to pose a hazard to man or the environment or may require the listing of all inert ingredients and their percentages.
8. Warning and Precautionary Statements.
(i) The label of every pesticide shall bear in the final panel such required warning and precautionary statements as are necessary to protect man and the environment. The nature and extent of such required statements shall be determined by the Toxicity Category to which the pesticide is assigned as follows:

Toxicity categories

(ii) Human hazard signal words, child hazard warnings, and statements of practical treatment (first aid and other), their placement, type size and prominence shall be as prescribed in Code of Federal Regulations, Title 40, Chapter I, Part 156, Section 156.10, which were in effect as of January 1, 2001.
(iii) Statements of hazard to humans and domestic animals, environmental hazards, and

Hazard indicators

I

II

III

IV

Oral LD50

Up to and including 50 mg/kg

From 50 thru 500 mg/kg

From 500 thru 5000mg/kg

Greater than 5000 mg/kg

Inhalation LC50

Up to and including .2 mg/liter

From .2 thru 2 mg/liter

From 2 thru 20 mg/liter

Greater than 20 mg/kg

Dermal LD50

Up to and including 200mg/liter

From 200 thru 2000.

From 2,000 thru 20,000

Greater than 20,000

Eye effects

Corrosive; corneal opacity not reversible within 7 days

Corneal opacity reversible within 7 days; irritation persisting for 7 days

No corneal opacity; irritation reversible within 7days.

No irritation

Skin effects

Corrosive

Severe irritation at 72 hours

Moderate irritation at 72 hours

Mild or slight irritation at 72 hours

physical or chemical hazards shall be required as prescribed in the Code of Federal Regulations, Title 40, Chapter 1, Part 156, Section 156.10, which were in effect as of January 1, 2001. Such statements shall reflect specific hazards, however, the following table depicts typical precautionary statements:

Precautionary statements by toxicity category

Toxicity category

Oral, inhalation, or dermal toxicity

Skin and eye local effects

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 statement of practical treatment 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. [Appropriate first aid statement required.]

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. In case of contact immediately flush eyes or skin with plenty of water. Get medical attention if irritation persists.

IV

[No precautionary statements required.]

[No precautionary statements required.]

9. Directions for Use: The label of every pesticide shall bear Directions for Use necessary for protection of man and the environment as prescribed in the Code of Federal Regulations, Title 40, Chapter I, Part 156, Section 156.10, which were in effect as of January 1, 2001.
10. Federal Use Classification.

Rule 40-11-6-.02 Repealed