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CA Dept of Pesticide Regulation clarifies that it is not registered for use

DPR Issues California Notice 2024-10, Clarification on “Not Registered for Use in CA” and Similar Statements on Pesticide Labels

On May 24, 2024, the California Department of Pesticide Regulation (DPR) issued California Notice 2024-10, announcing that the U.S. Environmental Protection Agency (EPA) and DPR have implemented recent policy changes regarding state-specific language on pesticide labels, intended to reduce delays to decrease. related to state specific use. As part of DPR’s evaluation process in reviewing a new registration application, DPR may determine that there is not sufficient data to support the registration of a specific use in California. In these cases, DPR allows registrants to submit data supporting the use, or choose to revise their labels to add qualifying statements that remove the specific California use. Historically, if registrants chose to revise their label, the statement “Not for Use in California” would have to be added. This label revision must first be accepted by EPA before it can be accepted by DPR, and this process often leads to delays in the registration process. With Notice 2024-10, and following recent EPA guidance, DPR announces that it plans to clarify options to expedite the addition of state-specific label statements.

EPA recently noted in its Pesticide Labeling Questions & Answers (Q&A) that certain state-specific statements can be added to the label without notice or acceptance from EPA (non-notification), if they are worded in a specific manner. EPA’s Q&A specifically states:

The statements “Not for use in XXXX (insert state)” and “Not for use in XXXX (insert provinces and state)” are not covered by PR Notice 98-10 as notice because they are changes to the instructions for use. Such statements should therefore be tabled as amendments. However, if the language is changed to ‘Not registered for use by (insert state)’, ‘Not registered for use on XXXX (insert product) by XXXX (insert state)’ or ‘Not registered for use by XXXX (insert state) For use in XXXX Counties” it can be added to the label without notice as it is not a restriction and is a state-driven statement.

Based on EPA’s clarification on adding state-specific statements to pesticide labels, DPR states the following in Notice 2024-10:

  • Add label statements or qualifiers specific to California: When possible, DPR will allow registrants to add certain California-specific statements to pesticide labels in a manner that qualifies as a failure to notify EPA. DPR will also allow registrants to add certain California-specific label statements to pesticide labels during the application review process to address certain discrepancies in the review program.
  • Remove label statements or qualifiers specific to California: If a registrant wishes to remove a California-specific label statement or add the unsupported use location/pest back to the product label, it must be submitted through DPR’s amendment process and accompanied by the required data, or the registrant must refer to data provided currently on the product. file at DPR.
  • DPR’s preferred format for label statements or qualifications specific to California: DPR requests that qualifying phrases or statements be easily recognizable by the user and consistent throughout the label. DPR states that a qualification symbol must be repeated wherever the unsupported use site/pest appears on the label. In addition, the qualification key with the full statement must be repeated at least once on each page where the unsupported use site/plague appears.
  • Add or remove label statements or qualifiers that are not specific to California: Labels for pesticides registered for use and sale in California may contain label statements or qualifications specific to states other than California. DPR states that registrants may need to add or remove these types of statements from a California registered label. If the statement is made in a manner described in Notice 2024-10 so that no notification to EPA (non-notification) is required, DPR will also allow registrants to add or delete certain statements required by other states be required without notifying the DPR (non-notification). Otherwise, the registrant must submit a change request to DPR to add/remove these label declarations.
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