Forest Herbicides: Research and Forest Herbicides: Research and Demonstration IVDemonstration IV

December 6 - 7, 2005December 6 - 7, 2005Arthur Temple College of Forestry & Arthur Temple College of Forestry &

AgricultureAgriculture

LAWS AND REGULATIONSLAWS AND REGULATIONS

Timothy J. KarczewskiTimothy J. Karczewski

THE LABEL IS THE LAWTHE LABEL IS THE LAW

It shall be a violation for any person It shall be a violation for any person to use or cause to be used a to use or cause to be used a pesticide in a manner inconsistent pesticide in a manner inconsistent with its label or labeling. Use with its label or labeling. Use inconsistent with the label includes, inconsistent with the label includes, but is not limited to: but is not limited to:

(1) applications at sites, rates, (1) applications at sites, rates, concentrations, intervals, or under concentrations, intervals, or under conditions not specified in the conditions not specified in the labeled directions, except:labeled directions, except:

(A) applying a pesticide at any (A) applying a pesticide at any dosage, concentration, or frequency dosage, concentration, or frequency less than that specified on the less than that specified on the labeling unless the labeling labeling unless the labeling specifically prohibits deviation from specifically prohibits deviation from the specified dosage, concentration, the specified dosage, concentration, or frequency;or frequency;

(B) (B) applying a pesticide against any applying a pesticide against any target pest not specified on the label target pest not specified on the label or labeling if the application is to the or labeling if the application is to the crop, animal, or site specified on the crop, animal, or site specified on the labeling, unless the department or labeling, unless the department or EPA has required that the labeling EPA has required that the labeling specifically state that the pesticide specifically state that the pesticide may be used only for the pests may be used only for the pests specified on the labeling after the specified on the labeling after the department or EPA has determined department or EPA has determined that the use of the pesticide against that the use of the pesticide against other pests would cause an other pests would cause an unreasonable, adverse effect on the unreasonable, adverse effect on the environment;environment;

(C) employing any method of (C) employing any method of application not prohibited by the application not prohibited by the labeling unless the labeling labeling unless the labeling specifically states that the product specifically states that the product may be applied only by the methods may be applied only by the methods specified on the labeling or unless specified on the labeling or unless prohibited by law or regulation; prohibited by law or regulation;

(D) mixing a pesticide or pesticides (D) mixing a pesticide or pesticides with a fertilizer when such mixture is with a fertilizer when such mixture is not prohibited by the labeling; not prohibited by the labeling;

(E) when a pesticide is applied in (E) when a pesticide is applied in conformance with an approved conformance with an approved experimental use permit (EUP );experimental use permit (EUP );

(F) when a pesticide is applied in (F) when a pesticide is applied in conformance with an approved conformance with an approved emergency exemption granted by emergency exemption granted by EPA to a federal or state agency; EPA to a federal or state agency;

(G) when a pesticide is applied in (G) when a pesticide is applied in conformance with an approved conformance with an approved Special Local Need registration; Special Local Need registration;

(H) when applied in any situation (H) when applied in any situation receiving prior written approval from receiving prior written approval from EPA; EPA;

THE LABEL IS THE LAWTHE LABEL IS THE LAW It shall be a violation for any person It shall be a violation for any person

to use or cause to be used a to use or cause to be used a pesticide in a manner inconsistent pesticide in a manner inconsistent with its label or labeling. Use with its label or labeling. Use inconsistent with the label includes, inconsistent with the label includes, but is not limited to: but is not limited to:

(2) tank mixing of pesticides, or (2) tank mixing of pesticides, or using application techniques, or using application techniques, or equipment prohibited by the label;equipment prohibited by the label;

THE LABEL IS THE LAWTHE LABEL IS THE LAW It shall be a violation for any person It shall be a violation for any person

to use or cause to be used a to use or cause to be used a pesticide in a manner inconsistent pesticide in a manner inconsistent with its label or labeling. Use with its label or labeling. Use inconsistent with the label includes, inconsistent with the label includes, but is not limited to: but is not limited to:

(3) failure to observe reentry (3) failure to observe reentry intervals, preharvest intervals, intervals, preharvest intervals, grazing restrictions, or worker grazing restrictions, or worker protection requirements:protection requirements:

(A) it is the responsibility of the (A) it is the responsibility of the person in control of the commodity person in control of the commodity or site treated to be knowledgeable or site treated to be knowledgeable of and comply with the requirements of and comply with the requirements of this paragraph; of this paragraph;

(B) if a commercial applicator furnishes (B) if a commercial applicator furnishes the pesticide, it is the commercial the pesticide, it is the commercial applicator's responsibility to notify the applicator's responsibility to notify the person in control of the commodity or person in control of the commodity or site treated of the requirements of this site treated of the requirements of this section that pertain to restricted-entry section that pertain to restricted-entry intervals, preharvest intervals, grazing intervals, preharvest intervals, grazing restrictions, or worker protection restrictions, or worker protection requirements, prior to, or at the time of requirements, prior to, or at the time of treatment; treatment;

THE LABEL IS THE LAWTHE LABEL IS THE LAW It shall be a violation for any person It shall be a violation for any person

to use or cause to be used a to use or cause to be used a pesticide in a manner inconsistent pesticide in a manner inconsistent with its label or labeling. Use with its label or labeling. Use inconsistent with the label includes, inconsistent with the label includes, but is not limited to: but is not limited to:

(4) improper storage or disposal of (4) improper storage or disposal of the pesticide or its container;the pesticide or its container;

THE LABEL IS THE LAWTHE LABEL IS THE LAW It shall be a violation for any person It shall be a violation for any person

to use or cause to be used a to use or cause to be used a pesticide in a manner inconsistent pesticide in a manner inconsistent with its label or labeling. Use with its label or labeling. Use inconsistent with the label includes, inconsistent with the label includes, but is not limited to: but is not limited to:

(5) it shall be a violation for any (5) it shall be a violation for any person to use or cause to be used a person to use or cause to be used a pesticide in a manner inconsistent pesticide in a manner inconsistent with any permit, emergency with any permit, emergency exemption or special local needs exemption or special local needs registration issued by the registration issued by the department or EPA. department or EPA.

Timothy J. KarczewskiTimothy J. KarczewskiLaw Offices of John D. StoverLaw Offices of John D. Stover

113 Gaslight Boulevard113 Gaslight Boulevard

Lufkin, Texas 75904Lufkin, Texas 75904

936/632-3130936/632-3130

tkarczewski@consolidated.nettkarczewski@consolidated.net

Cell 936/554-1946Cell 936/554-1946