aerosol-type sprays and those which are intended to deposit an insecticidal residue of a chemical. They should have the biological performance of the reference standard specified for the aerosoltype product when a dosage of no more than twice that used for the same reference standard has been applied. Also, for these purposes the testing procedure may be modified to omit comparisons of the knockdown at the 5-minute and 10minute intervals. The comparisons in such cases will be only at the 15-minute knockdown and 24-hour mortality intervals. The product will be regarded as having sufficient insecticidal value if the average 15-minute knockdown and 24-hour mortality figures are no more than 5 percentage points under the comparable figures for the reference product. If claims and directions for killing insects other than flies are included, or if new or unusual chemicals are included in the formulation, individual consideration will be given to the proposed claims and directions on a separate basis. It will, of course, be necessary to submit data to establish the safety of any new or unusual ingredient or pesticidal usage. It is the usual practice to consult with the Public Health Service of the Department of Health, Education, and Welfare on such matters.

(e) Directions for use-(1) General. In all cases, the labeling should bear adequate directions for use against all of the insects named in the labeling. Although these products are commonly referred to as "fly sprays," "aerosols," or "pressurized products," they are usually recommended for use against a number of household insects, including house flies, mosquitoes, roaches (water bugs), bed bugs, ants, carpet beetles, brown dog ticks, and clothes moths. These products are primarily contact insecticides and in order to be effective must hit or wet the individual insect with the spray mist. Since the habits and life cycles of different insect pests vary considerably, the directions must in each case be adapted to the particular variety of insect which is causing annoyance and the type of structure or building in which the product is used.

(2) Particular insects-(i) Flies and mosquitoes. Directions for use against these pests should provide for closing the doors and windows and thoroughly spraying all parts of the room, particularly toward the ceiling, so as to fill the room with a fine mist. The room should

be kept closed for 10 to 15 minutes and the fallen insects swept up and destroyed. However, when strong formulations are used, containing substantial amounts of rapidly acting paralytic agents, it is simply necessary to ascertain that the various insects have been thoroughly enveloped in the spray mist. Pressurized aerosol formulations and pressurized sprays may also be used in a manner quite similar to the liquid products. Dosages of aerosol and pressurized formulations are sometimes expressed in terms of seconds of discharge with appropriate adjustments for low and high delivery rate dispensers. These dosages usually are in the range of 4 to 5 grams of aerosol mixture in mist form per 1000 cubic feet of space.

(ii) Household ants and roaches. The directions for use against these pests should provide for thorough spraying into all parts of the room suspected of harboring these pests. Special attention should be paid to cracks and hidden surfaces around sinks or food storage areas where these insects may be hiding. It is necessary in all cases that the insects be contacted directly with the spray. Treatment around doors and windows is desirable in connection with directions for use against ants. Pressurized formulations may also be used, but since liberality of application is essential, small pressurized dispensers may not give as good results in some cases. Repeated applications should be specified in all cases. Special care should be taken to use these products in such a manner that food and food utensils will not be contaminated. If any spray contaminates cooking utensils, silverware, or dishes, they should be thoroughly cleaned.

(iii) Bed bugs. The directions for use against these pests should provide for thorough spraying of the bed, the springs, and the mattress, as well as the baseboards and wall cracks about the bedroom. Repeated applications are usually necessary for good results against these pests. In the case of malathion, the maximum acceptable concentration for this use is a 1 percent spray, which in any case is to be applied lightly to the mattress.

(iv) Clothes moths and carpet beetles. The directions for use against these pests should provide for cleaning all articles to be protected and for thorough spraying, particularly of seams and folds. The interior of trunks, closets, cupboards, and other storage containers should also

be thoroughly sprayed. Unless the sprayed articles are to be stored immediately in moth-tight containers, the directions should provide for repeating the treatment at least once a month. In the case of upholstered furniture, the directions should provide for spraying the interior of the furniture, as well as the outer surfaces, unless the furniture can be fumigated to kill any hidden infestation of these pests. Rugs and carpets that are to be treated may also be sprayed, not only on the top surfaces, but also on the under side. However, when carpet beetles are a serious problem, it is usually desirable to use a residual type insecticidal treatment. Pressurized products, including aerosols, may be used on the same terms, but are less suitable, since small dispensers do not ordinarily permit the liberality of treatment which is usually necessary for good results.

(v) Fleas and brown dog ticks in buildings. Directions for use against these pests should provide for liberal applications to floor areas, cracks and crevices, sleeping quarters of animals, behind pictures, and wherever these insects may be suspected of harboring. Liberal and repeated applications directly to the individual pests are desirable in all cases.

(vi) Mosquitoes and small flying insects outdoors. Liquil and pressurized products of the types described can often be used effectively as mist spray applications for tall grass, shrubbery and around lawns where these pests may hover or harbor. This usage is suitable only in still air and requires frequent reapplication to kill additional insects that may be drifting into the area. It is not suitable for coping with any large influx of insects. Care should be taken to avoid wetting vegetation since many of these formulations are phytotoxic. Only mist spray application should be directed.

(f) Caution and warning statements(1) General. All economic poisons are required to bear warning or caution statements which are necessary to protect the public from injury, and acceptable directions for use must be consistent with these requirements. These cautions and directions are quite variable, depending on the composition of the product and the manner of use which is intended. The detailed precautions, especially for operator protection during use of most of the various pesticidal ingredients, are given in the current revi

sion of Interpretation 18. Cautions to protect food and food-handling equipment from contamination are often required and are appropriate in any case. These products should ordinarily be kept out of reach of children and pets.

(2) Liquid household insecticides. In all cases where petroleum distillate or other combustible formulations are involved, warning against spraying in the presence of open flame or sparks is required.

(3) Pressurized household insecticides. Since many of these products contain significant amounts of petroleum distillates, other combustible substances, and/or halogenated hydrocarbons yielding irritant substances in the presence of open flame or heated surfaces, and since bursting or leakage of contents may occur at high temperatures, all pressurized products (except as specified hereafter) should bear the following warning or its practical equilavent:

WARNING: Contents under pressure. Do not puncture. Do not use or store near heat or open flame. Exposure to temperatures above 130° Farenheit may cause bursting. Never throw container into fire or incinerator.

Pressurized products which have extreme flammability or explosive hazards will be considered separately and additional precautionary labeling prescribed. Methods for determining the need for such additional precautionary labeling may be obtained from the Director, Pesticides Regulation Division, Environmental Protection Agency, Washington, D.C. 20250. It is the responsibility of the registrant to provide precautionary labeling which will be adequate, if complied with, to prevent injury to persons using or handling his product.

(g) Deterioration. Petroleum distillate sprays containing pyrethrins, if exposed too long to light in ordinary glass bottles, or stored for long periods of time, may lose their efficiency due to deterioration of the active ingredients. Also, certain types of packaging may permit deterioration. All products should maintain their active ingredients at the levels declared on the label and represented at the time of registration as long as they remain in unopened containers in channels of trade.

(h) Grade classification. The grade classifications given in Commercial Standard CS 72-54 apply to liquid fly sprays and should be used only to classify

such products. If a claim for grade classification is made for a fly spray, it should be only such a grade as may be fully justified by the killing action and knockdown effect of the product when tested against house flies. Except for fly sprays, there is no generally recognized grade classification for household insecticides and no such claims should be made other than for fly sprays.

(i) Unwarranted claims. These products are not effective against all household insects, and claims for effectiveness against insects generally or all insects, are unwarranted and should not be made. These products, as customarily marketed, are not effective against termites and cannot be relied upon to kill any insect which cannot be reached directly by the spray. This applies also to the eggs of many insects, which are often placed in inaccessible cracks or hidden surfaces. Claims for extermination are not warranted and should not be made. Products of this type are injurious under certain conditions to both men and animals and may contaminate food when improperly used. Therefore, their labels must ordinarily not bear any unqualified claims such as "Non-Toxic," "Non-Poisonous," "Non-Injurious," or "Harmless to Man and Animals." Such products are of no value in disinfecting and will not prevent diseases, and claims to that effect should not be made.

(j) Registration. All applications for registration should include duplicate copies of all labels, circulars, or other literature which may be associated with or accompany the product at any time. Complete information concerning the composition of the product should also be furnished with the application. If the product does not conform to a conventional pattern of pesticidal usage against household pests, data should be furnished to demonstrate the practical value of the product for the various pests which are named in the labeling. Consultation with applicants is solicited at all times, in order to eliminate possible misunderstanding.

§ 162.115 Interpretation with respect to labeling of weed killers containing 2,4-D, 2,4,5-T, and MCPA.

(a) Composition. In this interpretation, 2,4-D is a designation for 2,4dichlorophenoxyacetic acid; 2,4,5-T is a designation for 2,4,5-trichlorophenoxyacetic acid; and MCPA is a designation for 2-methyl-4-chlorophenoxyacetic

acid. These designations will also represent the salts and esters of these acids when they are used as weed killers. The acids themselves are not very soluble in water and ordinarily are not used alone; they may be mixed with an alkali, such as sodium carbonate, sc that the sodium salt will be formed when the mixture is added to water, but they are commonly used as amine salts, as volatile esters, including the ethyl, butyl, propyl, and amyl series, or as low-volatile esters, including butoxy ethanol, polyethanol glycol butyl ether, tetrahydrofurfuryl, ethoxy ethoxy propyl, butoxy ethoxy propyl, iso-octyl, and others.

(b) Ingredient statement. (1) The active ingredients in a weed killer containing 2,4-D, 2,4,5-T, or MCPA will be the actual compounds of the acids which are present. In a powder containing 2,4-D acid and sodium carbonate, for example, the active ingredient would be the 2,4-dichlorophenoxyacetic acid; in a product containing the anhydrous sodium salt of 2,4-D, however, the active ingredient would be the anhydrous sodium salt of 2,4-dichlorophenoxyacetic acid; the ethanol amine salt of 2,4-dichlorophenoxyacetic acid would be the active ingredient in a product containing it; and any specific esters of 2,4dichlorophenoxyacetic acid present would be declared as the active ingredients in products containing them. same principle would be followed for the various formulations containing 2,4,5-T or MCPA.

The

(2) Since the herbicidal action of products containing 2,4-D, 2,4,5-T, or MCPA has been reported on the basis of the equivalent content of their respective acids, it is desirable that the equivalent amount of the acid be given in the ingredient statement. However, it should be borne in mind that some compounds, particularly the esters, act differently from others and it is not safe, therefore, to base judgment entirely on the equivalent acid content.

(3) When sodium 2,4-dichlorophenoxyacetate monohydrate is present in a dry mixture, it should be considered the active ingredient. In water solutions, the convention has been adopted of declaring only the anhydrous forms of the dissolved solids as active ingredients; thus, in a water solution of sodium 2,4-dichlorophenoxyacetate monohydrate, the active ingredient would be declared as "anhydrous sodium 2,4-dichlorophenoxyacetate."

The above examples of ingredient statements would also apply to similar formulations of 2,4,5-T and MCPA.

Tables of equivalent percentages of the salts, amine salts, and esters of 2,4-D, 2,4,5-T, and MCPA, for use in computing the equivalent percentages of the acids, may be obtained from the Pesticides Regulation Division, Environmental Protection Agency, Washington, D.C. 20250.

(c) Directions for use. (1) 2,4-D weed killers have been used successfully to control broad leaf weeds, such as plantain, dandelion, henbit and chickweed in lawns and golf courses, to destroy cer

tain weeds in drainage ditches and streams (but in this case caution must be exercised not to contaminate water used for irrigation or domestic purposes), and to treat rice, flax, sugar cane, oats, barley, wheat and corn fields. Such uses are not without danger to other plants, however, the danger being especially great when dusts and esters are applied.

(2) 2,4,5-T is more effective against hard-to-kill weeds and woody plants, such as deep-rooted perennial weeds, brambles, sagebrush, and trees and shrubs growing in non-cropped or other waste areas, fence and hedge rows, under utility lines, along railroads and highways, around air fields, buildings, and lumber yards, and along ditchbanks and water ways. It is also used to control weeds in rice. Caution should be exercised to avoid contaminating waters used for irrigation or domestic purposes.

(3) MCPA is commonly used in Europe as a weed killer and is being used successfully in this country to control common broad leaf weeds in grains and other crops. It is particularly useful on oats, flax and peas, to which crops it is less injurious than 2,4-D.

(4) It is the responsibility of the manufacturer to prepare adequate directions for use which, when followed, will render the product effective against the weeds it is intended to control without causing injury to persons, valuable plants, or animals. The following points should be given consideration:

(i) Time and place of application (for most effective weed control with minimum injury to valuable plants).

(ii) Method of application.

(iii) Dosage (pounds of acid equivalent per acre is commonly used).

(iv) Dilution (if product is to be used as a water or oil spray).

(d) Caution or warning statement to avoid injury to valuable plants. (1) Herbicides containing 2,4-D, 2,4,5-T, MCPA, or their salts or esters, when used as selective weed killers, have been found to cause damage to valuable crops and plants under many conditions. Such crops as tomatoes, cotton, and grapes are severely damaged by small amounts of 2,4-D or related compounds. When used in a dust form, the pesticide may drift for miles. Dusting by airplane particularly is likely to cause damage by such drifting, and for this reason, dust formulations should not be applied by airplane. Ester formulations of these

herbicides are volatile, and the so-called "low-volatile" ester formulations are known to be volatile under conditions of higher temperatures. These herbicides should not be applied near plants they are likely to kill. All weed killers containing 2,4-D or related compounds should be stored where they will not contaminate seeds, fertilizers, insecticides, or fungicides. Dusting or spraying equipment in which 2,4-D and related compounds have been used should be thoroughly cleaned with a suitable alkaline chemical, or with activated charcoal before being used for other purposes.

(2) Suggested caution or warning statements for labeling agricultural spray materials containing 2,4-D, 2,4,5-T, MCPA, or their salts or esters, are as follows:

CAUTION: Avoid spray drift to susceptible plants as this product many injure cotton, beans, peas, grapes, ornamentals, etc. (coarse sprays are less likely to drift). Thoroughly clean spray equipment with a suitable chemical cleaner before using for other purposes (or do not use same spray equipment for other purposes). Do not store near fertilizers, seeds, insecticides, or fungicides.

(3) Suggested caution or warning statements for labeling agricultural dust preparations containing 2,4-D, 2,4,5-T, MCPA, or their salts or esters, are as follows:

CAUTION: Before using, consult agricultural authorities in your State. This dust may drift for miles, even on quiet days, and cause damage to susceptible plants such as cotton, beans, grapes, peas, etc. Do not apply by airplane. Use only where there is no hazard of drift. Do not store near fertilizers, seeds, insecticides, or fungicides. After use of this dust, do not use same equipment for insecticides or fungicides (or give directions for cleaning the equipment).

(4) In addition to the above statements, preparations containing esters should bear a warning against the hazards due to their vapors, such as:

Vapors from this product may injure susceptible plants in the immediate vicinity.

(5) Other wording for the caution or warning statement may be used provided it is equally informative and effective.

(6) Herbicides containing 2,4-D, 2,4,5-T, or MCPA prepared in small packages for home garden and lawn use should contain adequate caution warning statements on their labels to warn of the hazards in their use. When recommended for use on grass lawns,

or

golf courses and cemeteries, the label should warn of possible injury to bentgrass, St. Augustine grass, Dichondria and carpetgrass, and damage to grass seedlings on newly seeded ground. The hazards of the drift of spray and dust should be noted by a statement such as: "Avoid drift of spray mist (dust) onto vegetables, flowers, ornamental trees and shrubs, and other desirable crop plants.”

(e) Caution or warning statement to avoid injury to man or animals. Available information does not indicate that herbicides containing 2,4-D, 2,4,5-T or MCPA are highly toxic to man. Therefore, their labels are not required to bear the word "Poison," the skull and crossbones, or an antidote statement. However, they may cause irritation to the skin and eyes, and products containing the free acids, or inorganic salts of 2,4-D, 2,4,5-T or MCPA, in concentrations of 20 percent and above, should bear caution statements such as: "Avoid inhaling dust. Avoid contact with skin, eyes, or clothing." Organic esters or amine salts of these herbicides require a caution such as, "Avoid contact with skin, eyes or clothing."

(f) Products not intended for economic poison use. Products containing 2,4-D, 2,4,5-T or MCPA which are intended for use solely to delay fruit drop, or for other non-economic poison uses are not subject to the Act and need not comply with its provisions.

§ 162.116 Interpretation with respect to warning, caution, and antidote statements required to appear on labels of economic poisons.

(a) Requirements of the act. Section 2. z. (2) (d) of the act provides that an economic poison is misbranded if its label does not contain a warning or caution statement which may be necessary and if complied with adequate to prevent injury to living man and other vertebrate animals, vegetation, and useful invertebrate animals. Section 3. a. (3) of the act requires that any economic poison which contains any substance or substances in quantities highly toxic to man must bear on the label the skull and crossbones, the word "Poison" (in red) on a contrasting background, and an antidote statement.

(b) Categories of toxicity and general provisions as to statements required for economic poisons therein. (1) Four general categories of toxicity of economic