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DDT when used alone may be present to the extent of 6 percent. Malathion when used alone may be present to the extent of 2 percent. When combinations of these ingredients are used the quantities of each must be proportionately reduced as in the above illustration. A finished liquid formulation containing 1.0 percent malathion plus 1.5 percent DDT would also be accepted. There would be no objection to any separately acceptable amounts of the thiocyanates or synergized pyrethrins being added to a liquid formulation.

(c) Ingredient statement. The following form of ingredient statement would fulfill legal requirements for a hypothetical liquid mixture containing pyrethrins, petroleum distillate, piperonyl butoxide, perthane, and malathion:

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1 Equivalent to percent (butyl carbityl) (6 propyl piperonyl) ether and percent related compounds.

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* Consists of (butyl carbityl) (6 propyl piperonyl) ether and related compounds. In all cases, the correct percentages should be entered in the blank spaces. The tabulation of pesticidal chemicals appearing in paragraph (b) of this section gives appropriate suggestions for the naming of ingredients. Except for explanatory parenthetical wording, the information given in paragraph (b) of this section is suitable for use in label ingredient statements. Interpretation 5 gives further information on the preparation of correct ingredient statements. The ingredient statement should in all cases accurately reflect the complete composition of the product. The names given for the various ingredients must be the common names, if they have common names. Otherwise, the chemical names as specified above should be used. Trademarked names should not be used in the ingredient statement.

(d) Basic insecticidal value-(1) Petroleum distillate sprays. Liquid spray products of this class should have as a minimum the insecticidal value of a petroleum distillate solution of pyrethrins containing 114.8 mg. of this ingredient per 100 cc. of solution. For practical purposes, this reference stand

ard should have the same biological value as the current Official Test Insecticide which is prepared and distributed under the supervision of the Chemical Specialties Manufacturers Association, 50 East 41st Street, New York 10017, New York. Any testing procedure which accurately compares the toxicity of the standard mixture to the liquid product being evaluated, will be considered. The testing procedures published as "The PeetGrady Method" and the "Cockroach Spray Test Method" by the abovementioned association will be considered as satisfactory for flies and roaches, respectively. These methods will not be regarded as interchangeable, since they only evaluate the comparative toxicity of liquid insecticides against the pests named. These methods are given in the 1959 edition of the Blue Book and Catalogue edition of Soap and Chemical Specialties, published by the MacNairDorland Company, 254 West 31st Street, New York City. These testing procedures may not be considered as adequate or applicable when new or unusual pesticidal chemicals are included in the formulation or if claims and directions for killing insects other than roaches or flies are proposed. If such products are intended to be used for killing household pests other than flies or roaches, special attention will be given to assessing the toxicity of the pesticide for the purposes which are proposed. Full information on the proposed claims and directions should be submitted in each case. will be necessary for the applicant to submit data to establish the safety of any new or unusual chemical or pesticidal treatment that is proposed. It is the usual practice to consult with the Public Health Service of the Department of Health, Education, and Welfare on such matters.

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(2) Aerosol-type products. Pressurized formulations classified as "aerosols" are usually marketed in dispensers ranging from a few ounces to 5 pounds. However, most of the items designed for mass distribution are packaged in sizes of 12 ounces and 16 ounces. These products contain 80 percent or 85 percent of propellant gas, usually a combination of Propellant 11 and Propellant 12. Methylene chloride or methyl chloroform is frequently substituted in whole or in part for Propellant 11. As a minimum, these products should have the knockdown and insecticidal value of a product containing

85 percent of a 50-50 mixture of Propellant 11 and Propellant 12, and 15 percent of petroleum solvent containing sufficient pyrethrum extract and DDT to yield 0.4 percent pyrethrins and 2 percent DDT in the total formulation. The reference standard should have the same biological value as the current Official Test Aerosol dispenser of the Chemical Specialties Manufacturers Association. These dispensers may be obtained from the Association at 50 East 41st Street, New York 17, New York. Any testing procedure which accurately compares the knockdown and toxicity of the test aerosol with the reference standard will be considered. The official method of the Association, published in the 1959 edition of the Blue Book and Catalogue, as previously noted, will be accepted, provided the results demonstrate that the product is no less effective in 5-minute, 10-minute and 15-minute knockdown and 24-hour mortality intervals than the comparison formulation when tested against house flies at the same dosage or less. This method of testing may not be considered as adequate if claims and directions for killing insects other than flies are proposed or if new or unusual ingredients or insecticidal usage are involved. In any test, the spray from aerosol dispensers should be in a finely divided form, in which 80 percent or more of the individual spray particles have a mean diameter of 30 microns or less and none of the spray particles have a diameter of more than 50 microns. Products which do not have the necessary biological activity when tested by the specified methods or which dispense a coarser type spray should not be represented as being "aerosols." Full information on the proposed claims and directions should be filed in all such cases. It will be necessary for the applicant to submit data to establish the safety of any new or unusual chemical ingredient or pesticidal treatment that is proposed. It is the usual practice to consult with the Public Health Service of the Department of Health, Education, and Welfare of such matters.

(3) Pressurized space and contact sprays. Products of this class are less common, and differ from the aerosoltype products in that their biological performance is of a lower order and usually somewhat slower in effect on the insects which are sprayed. These products deliver mist sprays intermediate between

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. Liquid 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.

(1) 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, so 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.

(1) The

(b) Ingredient statement. 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."

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