tainers, since leakage may occur and result in injury to persons or property unless users or handlers are warned to take adequate precautions.

(7) In the case of an economic poison highly toxic to man, the skull and crossbones, the word “POISON" prominently in red, and an antidote statement.

(d) Directions for use. Directions for use are required on the labeling of economic poisons whenever they are necessary to protect the public.

(1) Detailed directions for use as prescribed in Interpretation 7 (Rev. 1) will be required on the labeling of all economic poisons for which the composition, methods of use, possible hazards involved, and effectiveness for economic poison purposes are not well known. Such directions for use may appear on the label or on other printed matter which is delivered to the user with the economic poison or otherwise accompanies the economic poison.

(2) Detailed directions for use may be omitted from the labeling of well known economic poisons which are sold in containers of 100 pounds or more of a solid intended primarily for use undiluted, 50 pounds or more of a solid intended primarily for use after dilution, 55 gallons or more of a liquid intended primarily for use undiluted, or 20 gallons or more of a liquid intended primarily for use after dilution: Provided:

(1) There is readily available general knowledge of the composition, methods of use, and effectiveness of the product for economic poison purposes;

(i) Option 1 of the ingredient statement is followed; and

(1) In the Opinion of the Director, such directions are not necessary for the protection of the public.

(e) Acceptable types of labeling. The following are examples of acceptable labels for two well known economic poisons.

(1) For creosote oil, free of water or free carbon.

CREOSOTE OIL

Active Ingredient 100%
John Doe and Company

Washington, D.C.

Net contents 55 gallons
EPA Reg. No. XXX-XX

CAUTION: Avoid prolonged or repeated contact with the skin or breathing of the varors. Keep out of reach of children.

(2) For 5 percent DDT dust sold in a 100-pound barrel.

CAUTION: Keep out of reach of children. Avoid breathing dust. Avoid contamination of feed and foodstuffs.

§ 162.109 Interpretation with respect to the guaranty of an economie poison.

(a) Purpose of the guaranty. (1) The manufacturer of an economic poison is presumed to know the composition of his product and he will ordinarily be the one who registers it with the Environmental Protection Agency. He will, therefore, be in position to determine whether or not its shipment or distribution is legal.

(2) The distributor who purchases it from him will not be in a position to determine its composition except as he has it analyzed in a chemical laboratory and he will not know, except as his supplier may inform him, whether the product is registered, and what representations were made in connection with the registration. It will, therefore, be difficult for him to determine whether or not its shipment or distribution is legal.

(3) In order that the distributor may protect himself the act specifies that the penalties provided for violations of section 3a shall not apply to any person who establishes a guaranty, signed by and containing the name and address of the registrant or person residing in the United States from whom he purchased and received in good faith the article in the same unbroken package, to the effect that the article was lawfully registered at the time of sale and delivery and that it complies with the other requirements of the act, giving the name of the act in full. When the distributor holds such a guaranty, the guarantor is responsible for any violation involved in the shipment of the goods. However, the distributor, to avoid responsibility, must be able definitely to show that the economic poison in question is covered by a specific guaranty.

(b) Who may give guaranty. A guaranty may be given by any manufacturer, distributor, wholesaler, or any other person residing in the United States, who sells an economic poison to anyone else.

(3) In some cases an invoice may cover shipment of both economic poisons covered by permit for experimental use and registered economic poisons. The guaranty cannot apply to the economic poisons shipped under permit. Therefore, the above forms of guaranty must be modified to be applicable to such procedure. It is suggested that in such cases the name of the experimental economic poison as shown on the invoice or bill of sale be immediately followed by the word "Experimental." Then the first form of guaranty should be changed to read: hereby guarantees

Name of guarantor

that the economic poisons herein listed (except such as are designated "experimental") are lawfully registered with the Administrator of the Environmental Protection Agency and that they comply with all requirements of the Federal Insecticide, Fungicide, and Rodenticide Act.

Date

Signature and post office address of guarantor

A similar change should be made in the second form of guaranty.

(d) Reference to guaranty. No reference to the guaranty may be made on the label or in the labeling of the product since such reference would be likely to give the purchaser an unwarranted sense of security.

(e) Limitation of guaranty. The guaranty applies only so long as the economic poison remains unchanged in the manufacturer's or registrant's unbroken immediate container bearing his label. It expires when the immediate package is opened, when the material is repacked or relabeled, or when it has been otherwise changed so as to be in violation of the law after shipment or delivery by the person giving the guaranty. For example, a product may deteriorate when stored for any considerable length of time. It may have been in strict compliance with the law when shipped by the guarantor but a year later, when shipped by the distributor, it may have deteriorated and become worthless. In this case, the guaranty would not apply to the shipment a year later.

§ 162.110 Interpretation with respect to the analyzing and testing of economic poisons.

(a) Analyzing and testing of economic poisons; functions of the Department. Insofar as the Federal Insecticide, Fungicide and Rodenticide Act is concerned, the functions of the Environmental Protection Agency are those of a law enforcement agency. The Agency analyzes and tests economic poisons subject to the act to determine whether or not they are in violation of the provisions thereof. Its analytical and testing work is limited to official samples collected by official investigators or others who have been duly designated by the Director of the Pesticides Regulation Division. It cannot undertake such work to help a manufacturer prepare his labeling. It is the manufacturer's responsibility to have such work carried out, which may be done by commercial laboratories or by other qualified persons. The Agency is, however, willing to comment on proposed labeling submitted

§ 162.111

by manufacturers, based on available

information.

The Agency has no authority to recommend or to approve any specific commercial laboratory or person engaged in doing analytical or testing work on economic poisons.

§ 162.111 [Reserved]

§ 162.113 Interpretation with respect to liquid and pressurized household insecticides acceptable for generalized application (primarily nondeposit forming).

(a) Composition. These products are ordinarily marketed as solutions, emulsions, suspensions, or pressurized products and are designed for use in undiluted form by the consumer. In a few cases, concentrated products requiring dilution are marketed. These products

usually have a petroleum distillate base, together with such auxiliary solvents as may be necessary to keep the formulation as a solution under conditions of relatively low temperature. Water is sometimes used in the liquid formulations. Auxiliary solvents such as methylated naphthalenes, methylated aromatic petroleum solvents, and methylene chloride are frequently used, although the latter is more common in pressurized products. The propellants commonly encountered are known as Propellant 11 (trichloro monofluoro methane) and Propellant 12 (dichloro difluoro methane). Propellant 12 may be used alone or in various proportions with Propellant 11, methylene chloride, or methyl chloroform. This interpretation is not intended to cover products intended primarily to be used in such a manner as to deposit substantial quantities of insecticides on treated surfaces.

(b) Acceptable ingredients. The following chemicals are frequently encountered in household-type insecticides of this class. The percentage figures given are the maximums which are ordinarily encountered in this class of products. An asterisk indicates that the percentage specified is the maximum being accepted. The other percentage figures should not be regarded as maximum at the present time, even though further information may necessitate modification of these figures and the use of additional asterisks. All percentage figures are pressed in terms of weight. Ingredient

ex

Allethrin (allyl homolog of cinerin I) -%-

Beta-butoxy-beta'-thiocyanodiethyl ether -% (Lethane 384)... – Beta-thiocyanoethyl esters of

mixed fatty acids containing 10 to 18 carbon atoms-%. Betabutoxy-beta'-thiocyanodiethyl ether -% (Lethane 384 Special). Butoxypolypropylene glycol -%-Dichloro diphenyl dichloroethane -% (TDE).. Dichloro diphenyl trichloroethane -% (DDT). Diethyl diphenyl dichloroethane [or 1,2-dichloro-2,2-bis (4-ethylphenyl) ethane] -% (95% of the total amount of technical ingredient present). Related compounds -% (5% of the total amount of technical ingredient present) (Perthane).. Gamma isomer of benzene hexachloride from lindane -%Isobornyl thiocyanoacetate -% (82% of the total amount of technical ingredient present). Related compounds -% (18% of the total amount of technical ingredient present) (Thanite)... Malathion % 2. Pyrethrins-%Rotenone -%. (Usually "Other Cube Resins," another active ingredient, is also present in formulations containing this ingredient).

Technical methoxychlor -% -Terpenepolychlorinates (66% chlorine) % and an additional statement: "Chlorinated Camphene, Pinene, and Related Terpenes." (Strobane). Toxaphene-% •

Synergists

Di-n-propyl maleate isosafrole condensate -% (Propyl isome).. N-octyl-bicycloheptene dicarboximide-%

space and

Octyl sulfoxide of isosafrole -% (Sulfoxide)...

Sesame oil extractives -%..

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:

1

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

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

variation will depend upon the facts in the particular case. Percentages should not be stated to a greater degree of accuracy than the facts warrant.

(2) Inert impurities which are present in substantial amounts in active ingredients, are to be considered as inert ingredients in the ingredient statement. If the impurities are present in less than substantial amounts and their presence does not reduce the effectiveness of the product, their presence may be neglected. What constitutes substantial amounts will depend upon the special circumstances in the particular case, but, as a general rule, if the total proportion of impurities in the product is less than one percent and if they do not substantially reduce the effectiveness of the product, they may be neglected. Thus a technical sodium fluoride containing 95 percent of actual sodium fluoride and 5 percent of sodium chloride, sodium sulfate, and sodium carbonate would be required to declare the 5 percent of inert ingredients but a boric acid containing 99.1 percent of actual boric acid could be considered as consisting entirely of boric acid.

(j) Economic poisons which deteriorate. (1) Economic poisons must be effective for the purposes intended and have the proportions of active ingredients claimed as long as they are subject to the act.

(2) If the product is one which loses strength on standing, this should be taken into account in preparing the ingredient statement and marketing the product. In such cases, the product should be marketed in such a way that it will all be used before appreciable deterioration has taken place, or allowance should be made for deterioration of the product in preparing the ingredient statement. For example, if an economic poison will lose 10 percent of its strength in six months, its ingredient statement may show the strenth that it will have at the end of six months, and then it may be marketed so that it will all be used up by that time. However, it must be effective for the purposes claimed even at the lower strength.

(3) If the product is one which is intended to attract insects or rodents and will lose its attractiveness after a time, it should not be marketed after that time. A prominent statement, "Not to be used after ," is allowable.

(Date)