give the water a hardness equivalent to approximately 100 p.p.m. of hardness calculated a CaCO3 using the formula: Total hardness as p.p.m. of CaCO, 2.95X p.p.m. of Ca+4.115 × p.p.m. of Mg.

In preparing waters in accordance with this procedure of pH of all test waters up to 2,000 p.p.m. of hardness should fall between 7.6 and 8.0. Chemicals of reagent grade should be employed. If the hydrate of MgCl, is used, substitutions should be made on an equimolar basis. All synthetic hard waters prepared for use by this procedure should be checked chemically for hardness at the time the tests are made employing a procedure or procedures described in the 11th Edition Standard Methods for the Examination of Water and Sewage. A.P.H.A. (1960).

(d) In evaluating effectiveness claims for products to be used in waters of specified degrees of hardness according to the standard outlined in this section, the A.O.A.C. Germicidal and Detergent Sanitizers-Official test [Manual of Methods A.O.A.C. Ninth Edition, pages 70-72 (1960)] will be employed.

(e) Except as otherwise provided in this section, to be acceptable for registration, label claims relating to dairy, restaurant, and food plant utensil use must be based upon effective results, within 30 seconds, using the test named in paragraph (d) of this section in water of the degree of hardness indicated in the label claims. Supplemental claims for effectiveness at longer intervals of time or at elevated temperatures in dairy, restaurant, and food plant utensil use, or in other specified applications, will be given consideration, but should not be made in a manner to confuse the basic recommendation by the manufacturer. Any labeling bearing claims relative to effectiveness in hard water in any type of application must bear an equally prominent declaration based on the procedure specified above.

(f) To avoid misleading the consumer, claims for effectiveness in waters above 100 p.p.m. of hardness should be made in increments no less than 50 p.p.m. of hardness calculated as CaCO.. For example, evidence of effectiveness in waters of 478 p.p.m. of hardness should be construed as supporting a claim for effectiveness in waters of 450 p.p.m. of hardness, and evidence of effectiveness in waters of 510 p.p.m. should be construed

as supporting a claim for effectiveness in waters up to 500 p.p.m. of hardness.

(g) Section 162.14 of the regulations defines misbranding to include "any statement directly or indirectly implying that the economic poison or device is recommended or endorsed by any agency of the Federal Government." Therefore, any label claims relating to endorsement or recommendation of a specific product by the Agency or the U.S. Public Health Service will not be accepted for registration. However, a claim such as "This product fulfills the criteria of Appendix F as revised March 12, 1956, of the Milk Ordinance and Code, 1953 Recommendations of the U.S. Public Health Service in waters up to p.p.m. of hardness calculated as CaCO. when tested by the A.O.A.C. Germicidal and Detergent Sanitizers-Official Method" may be accepted.

§ 162.120 [Reserved]

§ 162.121 Interpretation with respect to liquid, powdered and pressurized household insecticides acceptable for depositing insecticidal and chemical residues.

(a) Composition. These products are ordinarily marketed as oil solutions, emulsions, suspensions, powers or pressurized products, some of which are designed for use in undiluted form by the consumer. In some cases concentrated products requiring various degrees of 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, methylene chloride and methyl chloroform are frequently used, although the last two named are more common in pressurized products than in liquid formulations. The propellants commonly encountered are known as propellant 11 (trichloromonofluoromethane), propellant 12 (dichlorodifluoromethane), nitrogen, carbon dioxide, nitrous oxide, and certain hydrocarbons, such as propane. Propellant 12 is used alone or in various proportions with propellant 11 methylene chloride or methyl chloroform, together with small amounts of propane. Pressurized products of this class usually contain

** An additional specialized usage includes a concentration of 50% of DDT which is restricted to the control of roaches and ants by pest control operators or public health officials only. The dust should be placed only in areas inaccessible to children and pets. Any powder visible after application is completed should be carefully brushed into cracks and crevices or else removed. Such dusts may be applied on surfaces behind sinks, refrig. erators, stoves and cabinets that are not accessible to animal pets and children. No generalized use in the household would be acceptable. Powders of this type may also be used as a rodenticide against mice.

1 Malathion (0,0-dimethyl dithiophosphate of diethylmercaptosuccinate).

lower levels of propellants than are commonly encountered in the products discussed in Interpretation 15, as revised (§ 162.113). The present interpretation is not intended to cover products designed primarily as space sprays which are used in such a manner as not to deposit substantial chemical residues on treated surfaces. Moreover, mothproofing treatments of woolens and fabrics for the purpose of impregnating them with a protective chemical residue are excluded from this Interpretation.

(b) Acceptable ingredients. The following is a list of chemicals frequently encountered in household type insecticides of this class. The percentage figure given in each case is the maximum that can be accepted for this purpose. An asterisk in connection with the percentage figure indicated that the usage is currently restricted to professional applications by a pest control operator or a public health official. All percentage figures are expressed in terms of weight alone.

Products covered by this interpretation frequently contain a combination of pesticidal ingredients together with synergized pyrethrins and thiocyanates. These ingredients may be used in the necessary combinations, except that when combinations of phosphates and/ or chlorinated hydrocarbons are proposed, concentrations of these ingredients should be proportionately reduced. The information set forth in paragraph (b) of Interpretation 15, as revised (§ 162.113(b)) is also applicable to the products covered by this interpretation.

(c) Ingredient statement. The information set forth in paragraph (c) of Interpretation 15, as revised (§ 162.113(c)) is equally applicable to the products covered by this interpretation.

Ronnel (0,0-dimethyl O-2,4,5 trichlorophenyl phosphorothioate).

Technical chlordane -% with explanatory substatement: Equivalent to -% (60% of first percentage) octochloro-4,7-methanotetrahydro indane and -% (40% of first percentage) related compounds.

Dicapthon (0-0-dimethyl O-(2-chloro-4-nitrophenyl) phosphorothioate).

An explanatory statement is required, reading; -% hexachloroepoxyoctahydro-endo, exo-dimethanonaphthalene-% related compounds.

2-nitro-1,1-bis (p-chlorophenyl)propane -% 2-nitro1,1-bis (p-chlorophenyl) butane -% (both active ingredients always present).

7 Technical methoxychlor-% an explanatory substatement is required: Equivalent to -% (88% of the first percentage) 2,2-bis (p-methoxyphenyl) 1,1,1-trichloroethane and -% (12% of the first percentage) other isomers and reaction products.

(d) Manner of application. When general application is specified the residual treatment may be applied to as many areas of the infested premises and to as large a proportion of the available surface as may be considered necessary for effective pest control. When the usage is limited to "spot application" much greater attention should be given to limiting the treatment to those surfaces where the pests have been seen or where they are suspected of hiding. Such treatments would normally be limited to a maximum of 20 percent of the floor and lower wall surfaces including shelving and cabinets.

(e) Basic insecticidal value. These products are required to contain enough of the residual insecticidal ingredient so that when they are applied substantial residues of the insecticidal chemical will be deposited on all treated surfaces. The biological evaluation of the effectiveness of these treatments will be considered separately in all cases on the basis of the existing experimental information on the insecticidal value of the chemical or upon such data and practical evidence as can be furnished by the applicant. If new or unusual formulations or claims and directions for use are submitted, it will be necessary to request the submission of sufficient experimental evidence to justify the proposed claims. In any case, it 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.

(f) 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. These products are commonly recommended for the control of such pests as roaches (water bugs), house flies, mosquitoes, silverfish, spiders, bed bugs, ants, carpet beetles, scorpions, fleas, and brown dog ticks. Many of these formulations are not acceptable for mist spray application in the air and care should be taken to apply the products as relatively coarse wet sprays which will adhere to treated surfaces. This is especially important in the case of pressurized products. Since the habits and life cycles of different pests vary considerably, the directions must, in each case, be adapted to the particular kind of insect or other

pest which is causing annoyance and to the type of structure or building in which the product is used. Claims that residual insecticidal value will last for any particular period of time are usually undesirable, due to the variable conditions under which the products are used. It may be stated that the product is a residual insecticide but the labeling should emphasize the need for repeated applications as often as necessary since it is not possible to anticipate all of the conditions of use, types of surfaces to be treated and cleaning operations of treated surfaces.

(2) Particular insects—(1) Flies and mosquitoes. Directions for use against these pests should provide for thorough treatment of all surfaces where these insects are known to alight or congregate. Emphasis should be placed on spraying or applying powders around doors, windows and porches. în all cases, repeated applications should be specified as often as necessary.

Acceptable chemicals: DDT, dichlorodiphenyl dichloroethane, "Butonate," heptachlor, malathion, "Diazinon," ron. nel, chlordane, dicapthon, dieldrin, "Perthane," "Dilan," a mixture of 2-nitro-1,1-bis (4 chlorophenyl) butane and 2-nitro-1,1-bis (4 chlorophenyl) propane, lindane, methoxychlor, "MGK R-326" (repellent), "tabatrex" (repellent), and "MGK R-11" (repellent).

(ii) Household ants, roaches and silverfish. The directions for use against these pests should provide for thorough spraying or distribution of the powder into all parts of the room suspected of harboring them. Special attention should be paid to cracks and hidden surfaces around sinks or food storage areas where these insects may be hiding. Thorough treatment around doors and windows is desirable in connection with directions for use against ants. Spraying around baseboards, windows, door frames, bookcases and storage areas is usually desirable in connection with directions for use against silverfish. Repeated applications should be specified in all cases. Silica gels are usually applied at the rate of 2 ounces of the powder per 100 sq. ft. of treated floor Liberal applications are needed. Special care should be taken to use all of these products in such a manner that food and food utensils will not be contaminated. If any spray or powder should contaminate cooking utensils,

area.

silverware or dishes, they should be thoroughly cleaned.

Acceptable chemicals: DDT, dichlorodiphenyl dichloroethane, "Butonate" (roaches and silverfish only), malathion, sodium fluoride, pyrethrum powder, "Diazinon," ronnel, chlordane, dicapthon, dieldrin, heptachlor, methoxychlor, toxaphene, ryania, Silica gels, "Tabatrex" (repellent), and "MGK R-11" (repellent).

(iii) Bed bugs. The directions for use against this pest 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 this pest. 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. Chlordane, dicapthon and “Diazinon” are not acceptable for use against this pest. Lindane is not acceptable as a residual insecticide for treatment of beds and mattresses, even though a concentration of 0.1 percent has been accepted as a non-residual insecticide for use against this pest.

Acceptable chemicals: DDT, pyrethrum powder, dichlorodiphenyl dichloroethane, malathion and ronnel 1 percent. (iv) Carpet beetles. The directions for use against these pests should provide for thorough spraying of suitable formulations along baseboards, edges of carpeting, under furniture, under carpeting and rugs and in closets and shelving wherever these insects are seen or suspected. Pressurized products and powders may also be used for this purpose. In all cases, the treatment should be repeated as often as necessary.

Acceptable chemicals: DDT, dichlorodiphenyl dichloroethane, malathion, "Diazinon," chlordane, dieldrin, heptachlor, ronnel, lindane, methoxychlor and "Perthane."

(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 presence of these insects may be suspected. Liberal and repeated applications to the infested areas are desirable in all cases. Spot applications are not suitable for the control of fleas. Consequently, such insecticides as lindane and chlordane are not acceptable for use against this pest.

Acceptable chemicals: DDT, dichlorodiphenyl dichloroethane, "Diazinon," ronnel, methoxychlor, malathion 2 percent and Silica gel (fleas only), and chlordane (for brown dog ticks).

(vi) Spiders and scorpions. Directions for the control of these pests should provide for thorough wet spraying or dusting around windows, doors and other areas over which these pests may crawl. Pressurized sprays may be used on the same general terms as liquid and powdered products. In all cases, the applications should be repeated as often as necessary.

Acceptable chemicals: DDT, dichlorodiphenyl dichloroethane, malathion, "Diazinon," ronnel (spiders only), chlordane, dieldrin, lindane, methoxychlor, heptachlor (spiders only), and "Butonate" (spiders only).

(vii) Pantry pests. Saw-toothed grain beetle, flour beetle, rice weevil, cigarette beetle, drug-store beetle and Indian-meal moth are pests included in this category. While cleanliness and good housekeeping are basic to the prevention of losses by reason of these pests, insecticides may sometimes be carefully used to advantage. Directions to aid in the control of these pests should provide for the removal of all packages of food and for the treatment of the interior surfaces of the shelves and cupboards with a residual spray. The spray must be allowed to dry before the packages are put back on the shelf. Shelf paper or foil should be used to prevent contact of food or utensils with sprayed surfaces. It should be emphasized that treatment of this kind is of only supplemental value since it does not affect the insects breeding inside the packages. Infested food packages should be destroyed or fumigated.

Acceptable chemicals: DDT, chlordane lindane, methoxychlor, malathion, ronnel, "Perthane," and "Diazinon."

(g) 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 pesticidal ingredients, are given in Interpretation

18 (§ 162.116). Cautions to protect food and food handling utensils from contamination are often specified and are appropriate in any case. These products should be kept out of the reach of children and pets. Many of these products will stain or discolor wallpaper, textiles, and other finished surfaces or articles. Appropriate label cautions or warnings should be included in all such cases.

(2) Liquid and powdered insecticides. In all cases where petroleum distillate or other combustible formulations are involved, warnings against use in the presence of open flame and sparks are required.

(3) Pressurized products. Since many of these products contain significant amounts of petroleum distillate, or other combustible substances in the presence of open flames 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 equivalent:

Do

WARNING: Contents under pressure. not puncture. Do not use or store near heat or open flame. Exposure to temperatures above 130° F. 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 to prevent injury to persons using or handling his product.

(h) Deterioration. Some of these formulations deteriorate quite rapidly in storage. Also, certain types of packaging tend to accelerate this deterioration. It is the responsibility of the registrant and marketer of the particular pesticide to so formulate, package and market his products that they will always contain the amounts of active ingredients which were represented in the information furnished at the time of registration. If products are known to deteriorate, a date may be placed on the label advising against use after a stipulated period of time. Products which have deteriorated are adulterated and should be withdrawn from the market.

(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. While these products may have considerable residual insecticidal value when properly applied, it is usually desirable to avoid any specific claim that residual protection will last for any particular length of time. The conditions of use and types of surfaces that may be treated are so diversified that directions for repeated applications as necessary are desirable in all cases. Claims for exterminations are not warranted and should not be made. Products of this type are frequently injurious under some conditions to both man and animal and may contaminate food when improperly used. Therefore, their labels must ordinarily not include any unqualified claim such as "Non-toxic," "Non-poisonous," "Noninjurious" or "Harmless to man and animals." Such products are of no value in disinfecting and will not prevent disease 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 named in the labeling. Consultation with applicants is solicited at all times in order to eliminate possible misunderstanding.

(k) Other interpretations. This interpretation supplements interpretations 7, 15, and 18 as revised (7 CFR 162.105, 162.106, and 162.116).

§ 162.122 Interpretation with respect to claim for safety and nontoxicity on labeling of economic poisons.

(a) Requirements of the act and regulations. The act provides that an economic poison or device is misbranded if its labeling bears any statement, design, or graphic representation relative thereto or to its ingredients which is false or misleading in any particular (7 U.S.C. (z)(1)). Section 162.14(a) (5) prohibits the use of unwarranted claims as to the