u.s. epa, pesticide product label, malathion 8ec, 02/21/2009 · please read instructions on reverse...

23
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 Bill Washburn Regulatory Manager Arysta LifeScience North America LLC 15401 Weston Parkway, Suite 150 Cary, NC 27513 OFFICE OF PREVENTION. PESTICIDES AND TOXIC SUBSTANCES Subject: Label Notification(s) for Pesticide Registration Notices 2007-4 and 98-10 1. Update of company name 2. Update of warranty statements _. ___ _ ----.- ------ ._-- Dear Mr. Washburn: The Agency is in receipt of your Application(s) for Pesticide Notification under Pesticide Registration Notices (PRN) 2007-4 and 98-10 dated January 7, 2009 for: EPA Registration 66330-248 Malathion 8EC The Registration Division (RD) has conducted a review of this request for applicability under PR Notices 2007-4 and 98-10 and fmds that the label changes requested falls within the scope ofPR Notices 2007-4 and 98-10. The label has been date-stamped ''Notification'' and will be placed in our records. Please be reminded that 40 CFR Part 156. 140(a)(4) requires that a batch code, lot number, or other code identifying the batch of the pesticide distributed and sold be placed on nonrefillable containers. The code may appear either on the label (and can be added by non- notificationiPR Notice 98-10) or durably marked on the container itself. If you have any questions, please contact me directly at 703-305-6249 or Nicole Williams of my staff at 703-308-5551. Sincerely, Linda Arrington Notifications & Minor Formulations Team Leader Registration Division (7505P) Office of Pesticide Programs

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Page 1: U.S. EPA, Pesticide Product Label, MALATHION 8EC, 02/21/2009 · Please read instructions on reverse before completing form. Form Approved, OMB No. 2070-0060, Approval expires 05-31-98

0ro330-84~

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460

Bill Washburn Regulatory Manager Arysta LifeScience North America LLC 15401 Weston Parkway, Suite 150 Cary, NC 27513

OFFICE OF PREVENTION. PESTICIDES AND

TOXIC SUBSTANCES

Subject: Label Notification(s) for Pesticide Registration Notices 2007-4 and 98-10 1. Update of company name 2. Update of warranty statements

_. ___ ~:.. _ ~~~~~e~~y te~ep~o.~ _~~~~~~._ ----.------- ._--

Dear Mr. Washburn:

The Agency is in receipt of your Application(s) for Pesticide Notification under Pesticide Registration Notices (PRN) 2007-4 and 98-10 dated January 7, 2009 for:

EPA Registration 66330-248 Malathion 8EC

The Registration Division (RD) has conducted a review of this request for applicability under PR Notices 2007-4 and 98-10 and fmds that the label changes requested falls within the scope ofPR Notices 2007-4 and 98-10. The label has been date-stamped ''Notification'' and will be placed in our records.

Please be reminded that 40 CFR Part 156. 140(a)(4) requires that a batch code, lot number, or other code identifying the batch of the pesticide distributed and sold be placed on nonrefillable containers. The code may appear either on the label (and can be added by non­notificationiPR Notice 98-10) or durably marked on the container itself.

If you have any questions, please contact me directly at 703-305-6249 or Nicole Williams of my staff at 703-308-5551.

Sincerely,

Linda Arrington Notifications & Minor Formulations Team Leader Registration Division (7505P) Office of Pesticide Programs

1)~3

Page 2: U.S. EPA, Pesticide Product Label, MALATHION 8EC, 02/21/2009 · Please read instructions on reverse before completing form. Form Approved, OMB No. 2070-0060, Approval expires 05-31-98

Please read instructions on reverse before completing form. Form Approved, OMB No. 2070-0060, Approval expires 05-31-98

~ EPA United States 0 Registration opp Identifier Number

0 Environmental Protection Agency 0 Amendment

Washington, DC 20460 I2l Other:

Application for Pesticide· Section I 1. Company/Product Number 2. EPA Product Manager 3. Proposed Classification 66330-248 Venus Eagle

DNone D Restricted 4. Company/Product (Name) PM# MALATHION 8EC 1 5. Name and Address of Applicant (Include ZIP Code) 6. Expedited Review. In accordance with FIFRA Section 3(c)(3)

(b)(I), my product is similar or identical in composition and labeling Arysta LifeScience North America, LLC to: NOTifiCATION 15401 Weston Parkway, Suite 150 EPA Reg. No. Cary, NC 27513

H:Jj 2 1 2009 Product Name

D Check if this is a new address

Section -II

D Amendment - Explain below. D Final printed labels in response to Agency letter dated D Resubmission in response to Agency letter dated ___ D "Me Too" Application

C8J Notification - Explain below. D Other - Explain below Explanation: Use additional page(s) if necessary. (For Section I and Section II.)

Notification of label change per PR Notices 98-10 and 2007-4. This notification is consistent with the guidance in PR Notices 98-10 and 2007-4 and the requirements of EPA's regulations at 40 CFR §§152.46, 156.10, 156.140, 156.144, 156.146, and 156.156. No other changes have been made to the labeling or the Confidential Statement of Formula for this product. I understand that it is a violation of 18 U.S. C. Sec. 1001 to willfully make any false statement to EPA. I further understand that if the amended label is not consistent with the requirements of 40 CFR §§152.46, 156.10, 156.140, 156.144, 156.146,and 156.156, this product may be in violation of FIFRA and I may be subject to enforcement action and penalties under section 12 and 14 of FIFRA."

Section • '" 1. Material This Product Will Be PackaQed In: Child-Resistant Packaging Unit Packaging Water Soluble Packaging 2. Type of Container DYes· DYes DYes D Metal

C8J No C8J No C8J No C8J Plastic If "Yes" No. per If "Yes" No. per D Glass

* Certification must Unit Packaging wgt. container Package wgt. container D Paper

be submitted D Other (Specify) 3. Location of Net Contents Information 4. Size(s) Retail Container 5. Location of Label Directions C8J Label D Container C8J On Label

2.5 gal and 5.0 gal D On labeling accompanying product 6. Manner in Which Label is Affixed to Product 0 Lithograph 0 Other

I2l Paper glued o Stenciled

Section ·IV u ~ .. -.

1. Contact Point (Complete items directly below for identification of individual to be contacted, if necessary, to process this application)'

Name Title .I. Telephone t\~c> .~kl~lude Area Bill Washburn Regulatory Manager ,.c.Goc:!€.·) ...

';', ~ ~ 901-432-5118 ? (". -

Certification , ~ 0 ,u ,6. Date ;\pplication I certify that the statements I have made on this form and all attachments thereto are true, accurate and complete. I L L Received L L

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acknowledge that any knowingly false or misleading statement may be punishable by fine or imprisonment or both LV '{~!UlJ .. ped)

under applicable law. l t' ... t. t-

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2. Si9R, 3. Title < <

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4. Typed Name 5. Date , , , , , ,

Bill Washburn 1/7/09 l L (.. l.

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Page 3: U.S. EPA, Pesticide Product Label, MALATHION 8EC, 02/21/2009 · Please read instructions on reverse before completing form. Form Approved, OMB No. 2070-0060, Approval expires 05-31-98

.. @ Arysta LifeScience

Ms. Venus Eagle, PM 1 Document Processing Desk (NOTI F) Office of Pesticide Programs - 750PC U.S. Environmental Protection Agency One Potomac Yard, Room S-4900 2777 South Crystal Drive Arlington, VA 22202

Subject: MALATHION 8EC EPA Reg. No. 66330-248

January 7, 2009

Notification of Label Change per PR Notice 2007-4 and PR Notice 98-10

Dear Ms. Eagle:

Please find the following enclosed:

• Application for Pesticide Registration (Other) dated 01/07109.

• One highlighted copy of subject label, showing all changes.

• One clean copy of the subject label.

Notification of label change per PR Notice 2007-4. This notification is consistent with guidance in PR Notice 2007-4 and the requirements of EPA's regulations at 40 CFR §§ 156.10, 156.140. 156.144, 156.146, and 156.156. No other changes have been made to the labeling or the Confidential Statement of Formula for this product. I understand that it is a violation of 18 USC Sec 1001 to willfully make any false statement to EPA. I further understand that if the amendment is not consistent with the requirements of 40 CFR §§ 156.10, 156.140. 156.144, 156.146, and 156.156, this product may be in violation of FIFRA and I may be subject to enforcement action and penalties under sections 12 and 14 of FIFRA.

Also in this submission, we are using PR Notice 98-10 to update the name of the company, emergency telephone numbers and warranty. Arysta LifeScience North America Corporation was changed to Arysta LifeScience North America, LLC.

Please acknowledge acceptance of this notification by stamping the extra copy of this letter and returning in the enclosed self-addressed stamped envelope. Should you have~ any questions or comments, please do not hesitate to contact me at 901-432-5118 or b'y:o e-mail [email protected] 0 0

ooooou

Sincerely,

(6~Cv=~ Bill Washburn Regulatory Manager

Arysta LifeScience North America. LLC 15401 weston Parkway, Suite 150, Cary, NC 27513 Phone 919-678-4900 Fax 919-678-2194 www.arystalifescience.com

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Page 4: U.S. EPA, Pesticide Product Label, MALATHION 8EC, 02/21/2009 · Please read instructions on reverse before completing form. Form Approved, OMB No. 2070-0060, Approval expires 05-31-98

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Malathion 8 EC (214-110801) 66330-248 PR NOTICE 2007- 4

ACTIVE INGREDIENT:

MALATHION SEC ORGANOPHOSPHATE

Malathion (O,O-dimethyl phosphorodithioate of diethyl mercaptosuccinate .............. .

INERT INGREDIENTS: ........................... . TOTAL ............ .

(1 gallon contains 8 pounds of Malathion)

KEEP OUT OF REACH OF CHILDREN

WARNING

80.75% 19.25% 100.00%

Si us ted no entiende la etiqueta, busque a alguien para que se la explique a us ted en detalle. (If you do not understand this label, find someone to explain it to you in detail.)

FIRST AID Organophosphate

IF SWALLOWED: Call a physician or poison control center. Drink one or two glasses of water and induce vomiting by touching back of throat with finger. Avoid alcohol. Do not induce vomiting or give anything by mouth to an unconscious person. IF INHALED: Remove victim to fresh air immediately. Get medical attention. IF ON SKIN: Wash with plenty of soap and water. Get medical attention. IF IN EYES: Hold eyelids open and flush with steady, gentle stream of water for 15 minutes. Get medical attention. NOTE TO PHYSICIAN: Treat symptomatically. Atropine is an antidote. This product is an organophosphorus ester that inhibits cholinesterase.

NOTIFICATION

FEB 21 2009

Manufactured lor: ____________________________ - Deleted: By

j\RYSTA LIFESCIENCE NORTH AMERICA, LLC __________________ )-D-e1-e-t-ed-:-M';'IC-R-O-F-L-O-C-O-M-PAN-Y--< 15401 Weston Parkway, Suite 150 LLC1

Cary, NC 27513 P.O. BOX 772099~ . MEMPHIS, TN 38117

Filename, MALATHION 8EC (214-110801)66330-248 (redline)PR 2007-4.doc 1

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Page 5: U.S. EPA, Pesticide Product Label, MALATHION 8EC, 02/21/2009 · Please read instructions on reverse before completing form. Form Approved, OMB No. 2070-0060, Approval expires 05-31-98

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Malathion 8 EC (214-110801) 66330-248 PR NOTICE 2007- 4

PRECAUTIONARY STATEMENTS

Hazards To Humans And Domestic Animals

WARNING

Causes substantial but temporary eye injury. Harmful if swallowed or absorbed through the skin. Do not get in eyes or on clothing. Avoid contact with eyes, skin or clothing.

EMERGENCY TELEPHONE NUMBERS: Have the product container or label with you when calling a poison control center or doctor, or going for treatment. You may also contact: • (800) 424-9300 CHEMTREC (transportation and spills)

I. (866)_ ~-.6952 _ PROSAl\ (animal and h~~~_~~~!~l _________________ ~: = ._------------------------------------------------------------------,,',

Deleted: 800

Deleted: 900

Some materials listed below. for category F chart.

PERSONAL PROTECTIVE EQUIPMENT

that are chemical-resistant to this product are If you want more options, follow the instructions on an EPA chemical resistance category selection

Applicators and other handlers must wear: 1. Long-sleeved shirt and long pants 2. Chemical-resistant gloves, such as barrier laminate, butyl

rubber, nitrile rubber or viton 3. Shoes plus socks 4. Protective eyewear

Follow manufacturer's instructions for cleaning and maintaining PPE. If no such instructions for washables, use detergent and hot water. Keep and wash PPE separately from other laundry. Discard clothing and other absorbent materials that have been drenched or heavily contaminated with this product's concentrate. Do not reuse them.

USER SAFETY RECOMMENDATIONS

Users should: 1. Wash hands before eating, drinking, chewing gum, using

tobacco or using the toilet. 2. Remove clothing immediately if pesticide gets inside. Then

wash thoroughly and put on clean clothing.

Filename, MALATHION 8EC (214-110801)66330-248 (red1ine)PR 2007-4.doc 2

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Deleted: Poison Control. Center , Deleted: (800) 345-4735 ASPCA (animal health)

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Page 6: U.S. EPA, Pesticide Product Label, MALATHION 8EC, 02/21/2009 · Please read instructions on reverse before completing form. Form Approved, OMB No. 2070-0060, Approval expires 05-31-98

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Malathion 8 EC (214-110801) 66330-248 PR NOTICE 2007- 4

ENVIRONMENTAL HAZARDS

This pesticide is toxic to fish, aquatic invertebrates, and aquatic life stages of amphibians. Do not apply directly to water, or to areas where surface water is present or to intertidal areas below the mean high water mark. Drift and runoff may be hazardous to aquatic organisms in areas near the application site. Do not contaminate water when disposing of equipment washwaters. This product is highly toxic to bees exposed to direct treatment on blooming crops or weeds. Do not apply this product or allow it to drift to blooming crops or weeds if bees are visiting the treatment area.

PHYSICAL OR CHEMICAL HAZARDS

Before using read the directions contained on this label for the proper methods and procedures which must be followed to achieve effective insect control.

DIRECTIONS FOR USE It is a violation of Federal law to use this product in a manner inconsistent with its labeling.

Do not apply this product in a way that will contact workers or other persons, either directly or through drift. Only protected handlers may be in the area during application. For any requirements specific to your State or Tribe, consult the agency responsible for pesticide regulation. When using Malathion SEC in the greenhouse or stored grain facilities (as recommended on the label), use only with adequate ventilation. After applying this product indoors, ventilate thoroughly before occupying enclosed spaces.

AGRICULTURAL USE REQUIREMENTS

Use this product only in accordance with its labeling and with the Worker Protection Standard, 40 CFR part 170. This standard contains requirements for the protection of agricultural workers on farms, forests, nurseries, and greenhouses, and handlers of agricultural pesticides. It contains requirements for training, decontamination, notification, and emergency assistance. It also contains specific instructions and exceptions pertaining to the statements on this label about personal protective equipment and restricted-entry intervals. The requirements in this box only apply to uses of this product that are covered by the Worker Protection Standard.

Do not enter or allow worker entry into treated areas during the restricted-entry interval (REI). Exception: If the product is soil-injected or soil-incorporated, the Worker Protection Standard, under certain circumstances, allows workers to enter the treated area if there will be no contact with anything that has been treated.

Filename, MALATHION 8EC (214-110801j66330-248 (redlinejPR 2007-4.doc 3

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Page 7: U.S. EPA, Pesticide Product Label, MALATHION 8EC, 02/21/2009 · Please read instructions on reverse before completing form. Form Approved, OMB No. 2070-0060, Approval expires 05-31-98

Malathion 8 EC (214-110801) 66330-248 PR NOTICE 2007- 4

PPE required for early entry to treated areas that is permitted under the Worker Protection Standard and that involves contact with anything that has been treated such as plants, soil, or water, is: 1. Coveralls 2. Chemical-resistant gloves, such as barrier laminate, butyl

rubber, nitrile rubber or viton 3. Shoes plus socks 4. Protective eyewear

STORAGE AND DISPOSAL Do not contaminate water, food, or feed by storage or disposal. STORAGE: Malathion BEC should be stored at temperatures not exceeding 25 degrees C (77 degrees F). It should never be heated above 55 degrees C (131 degrees F), and also local heating above this temperature should be avoided. PESTICIDE DISPOSAL: Wastes resulting from the use of this product may be disposed of on site or at an approved waste disposal facility. CONTAINER DISPOSAL: Nonrefillable container. Do not reuse or refill this container. Triple rinse container (or equivalent) promptly after emptying. Triple rinse as follows: Empty the remaining contents into application equipment or a mix tank and drain for 10 seconds after the flow begins to drip. Fill the container l,.;j full with water and recap. Shake for 10 seconds. Pour rinsate into application eguipment or a mix tank or store rinsate for later use or disposal. Drain for 10 seconds after the flow begins to drip. Repeat this procedure two more times. 2;;~~ ___ - Deleted: Then 0

for recycling if available, or P~~~~~!~ __ 9~? __ ~~~e~~~ __ ~~_jp __ ? ___ _ sanitary landfill, or, if allowed by state and local authorities, Deleted: reconditi oning,

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GENERAL INFORMATION

This product is to be used with water (or oil for ultra low volume aerial application to cotton and for aerial or turbine-blower application to pasture/rangeland) . See cotton and pasture/rangeland use directions for specific recommendations for these application sites. Do not apply an ultra low volume application to any use sites other than cotton and pasture/rangeland. Do not use in undiluted form. Before using, mix the recommended amount of Malathion BEC with an equal amount of water and add this mixture to the spray tank. Maintain agitation while mixing and applying. For aerial application to vegetable and field crops, apply 1-3 gallons of spray mixture per acre except where otherwise noted in specific crop directions. May be applied by chemigation to all listed crops (see "General Chemigation Instructions" below). Apply at first sign of an insect infestation and repeat as necessary. Best results are obtained with thorough coverage of all exposed plant surfaces. Consult your State Agricultural Extension Service or Experiment Station for additional information as to proper timing of application. Filename: MALATHION 8Ee (214-110801)66330-248 (redline)PR 2007-4.doc 4

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Page 8: U.S. EPA, Pesticide Product Label, MALATHION 8EC, 02/21/2009 · Please read instructions on reverse before completing form. Form Approved, OMB No. 2070-0060, Approval expires 05-31-98

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Malathion 8 EC (214-110801) 66330-248 PR NOTICE 2007- 4 MIXING DIRECTIONS

Pour specified amount of product into nearly filled spray tank. Add balance of water to fill the tank. Keep agitator running during filling and spraying operations. If mixture does not mix readily, but tends to separate as an oily layer, do not use as injury to plants may result. Do not combine with wettable powders unless previous use of the mixture has proven physically compatible and safe to the plants. Always thoroughly, emulsify this product with at least half of the total water before adding wettable powders.

DIRECTIONS FOR DILUTION

Dilute Application: Field and Row Crops: Use specified rate in 20 to 60 gallons of water per acre. Trees and Vines: Use specified rate in 100 to 800 gallons of water per acre.

Concentrate Application: Field and Row Crops: Use specified rate in not less than 5 gallons of water per acre. Trees and Vines: Use specified rate in 20 to 100 gallons of water per acre.

Aerial Application: Field and Row Crops: Use specified rate in 5 to 20 gallons of water per acre. Trees and Vines: Use specified rate in at least 10 gallons of water per acre.

GENERAL CHEMIGATION INSTRUCTIONS

Apply this product only through one or more of the following types of systems: sprinkler including center pivot, lateral move, end tow, side (wheel) roll, traveler, big gun, solid set, or hand move irrigation system(s). Do not apply this product through any other type of irrigation system.

Crop injury or lack of effectiveness or illegal pesticide residues in the crop can result from non-uniform distribution of treated water. If you have questions about calibration, you should contact State Extension Service specialists, equipment manufacturers or other experts. Do not connect an irrigation system (including greenhouse systems) used for pesticide application to a public water system unless the pesticide label­prescribed safety devices for public water systems are in place. A person knowledgeable of the chemigation system and responsible for its operation or under the supervision of the responsible person, shall shut the system down and make necessary adjustments should the need arise.

A. Center Pivot, Traveler, Big Gun, Motorized Lateral Move, End Tow, and Side (Wheel) Roll Irrigation Equipment: Operate system Filename: MALATHION 8EC (214-110801)66330-248 (redline)PR 2007-4.doc 5

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Page 9: U.S. EPA, Pesticide Product Label, MALATHION 8EC, 02/21/2009 · Please read instructions on reverse before completing form. Form Approved, OMB No. 2070-0060, Approval expires 05-31-98

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Malathion 8 EC (214-110801) 66330-248 PR NOTICE 2007- 4 and inj ection equipment at normal pressures recommended by the

manufacturer of inj ection equipment used. Fill tank or inj ection equipment with water. Operate system for one complete circle for center pivot or one complete run for the other recommended equipment, measuring time required, amount of water injected, and acreage contained in circle or run. Mix recommended amount of product for acreage to be covered into same amount of water used during calibration and inject into system continuously for one revolution or run, but continue to operate irrigation system until the product has been cleared from last sprinkler head. Spray mixture in the chemical supply tank must be agitated at all times, otherwise settling and uneven application may occur.

B. Solid Set and Hand Move Irrigation Equipment: Determine acreage covered by sprinkler. Fill tank of inj ection equipment with water and adjust flow to use contents over a thirty to forty­five minute period. Mix desired amount of product for acreage to be covered into quantity of water used during calibration and operate entire system at normal pressures recommended by the manufacturer of injection equipment used for amount of time established during calibration. Provide constant mechanical agitation in the mix tank to insure that the product will remain in suspension during the inj ection cycle. This product can be injected at the beginning or end of the irrigation cycle or as a separate application. Stop injection equipment after treatment is completed and continue to operate irrigation system until pesticide is cleared from last sprinkler head.

SAFETY DEVICES

(1) The systems designated above must contain a functional check valve, vacuum relief valve, and low pressure drain appropriately located on the irrigation pipeline to prevent water source contamination from backflow. (2) All pesticide inj ection pipelines must contain a functional, automatic, quick-closing check valve to prevent the flow of fluid back toward the injection pump. (3) The pesticide inj ection pipeline must also contain a functional, normally closed, solenoid-operated valve located on the intake side of the injection pump and connected to the system interlock to prevent fluid from being withdrawn from the supply tank when the irrigation system is either automatically or manually shut down. (4) The system must contain functional interlocking controls to automatically shut off the pesticide injection pump when the water pump motor stops. (5) The irrigation line or water pump must include a functional pressure switch which will stop the water pump motor when the water pressure decreases to the point where pesticide distribution is adversely affected. (6) Systems must use a metering pump, such as a positive displacement injection pump (e.g., diaphragm pump) effectively designed and constructed of materials that are compatible with pesticides and capable of being fitted with a system interlock. (7) Do not apply when wind speed favors drift beyond the area intended for treatment.

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Page 10: U.S. EPA, Pesticide Product Label, MALATHION 8EC, 02/21/2009 · Please read instructions on reverse before completing form. Form Approved, OMB No. 2070-0060, Approval expires 05-31-98

Malathion 8 EC (214-110801) 66330-248 PR NOTICE 2007- 4

SYSTEMS CONNECTED TO PUBLIC WATER SYSTEMS

Public water systems means a system for the provision to the public of piped water for human consumption if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year.

Chemigation systems connected to public water systems must contain a functional, reduced-pressure zone, backflow preventer (RPZ) or the functional equivalent in the water supply line upstream from the point of pesticide introduction. As an option to the RPZ, the water from the public water system should be discharged into a reservoir tank prior to pesticide introduction. There shall be a complete physical break (air gap) between the outlet end of the fill pipe and the top or overflow rim of the reservoir tank of at least twice the inside diameter of the fill pipe. The system must contain functional interlocking controls to automatically shut off the pesticide injection pump when the water pump motor stops or, in cases where there is no water pump, when the water pressure decreases to the point where pesticide distribution is adversely affected.

For additional statements (2), DEVICES.

instructions (3), (4), (6),

on safety and (7) in

precautions refer to the section on SAFETY

PHYTOTOXICITY ADVISORY STATEMENT

As is cornmon with most emulsifiable concentrate formulations adverse affects, such as spotting or discoloration of the fruit or foliage can occur. Some conditions known to contribute to phytotoxicity include but are not limited to: high temperatures, poor spray drying conditions, excessive spray runoff, certain spray mixtures, stage of crop development or tank mixes with other pesticides

PREHARVEST INTERVAL Minimum days between last application and harvest are given in ( ) after each crop name.

Filename: MALATHION 8EC (214-110801)66330-248 (redline)PR 2007-4.doc 7

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Page 11: U.S. EPA, Pesticide Product Label, MALATHION 8EC, 02/21/2009 · Please read instructions on reverse before completing form. Form Approved, OMB No. 2070-0060, Approval expires 05-31-98

Malathion 8 EC (214-110801) 66330-248 PR NOTICE 2007- 4

USE DIRECTIONS

TREES AND VINES

CROP REI RATE PESTS

HRS PTS./ ACRE

Aphid, Codling moth, APRICOTS (7) 12 4-10 European Lecanium scale,

Orange tortrix, Soft brown scale, Terrapin scale

Green house thrips,

AVOCADOS (7) 12 4-9 Latania scale, Omnivorous looper, soft brown scale, Orange tortrix

BLACKBERRIES Japanese beetle, (1 )

12 1-4 Leafhopper

BOYSENBERRIES Mite, Thrips ( 1) DEWBERRIES ( 1) 2-4 Aphid, Rose scale LOGANBERRIES ( 1) RASPBERRIES ( 1)

Aphids, Blueberry 1 ~ maggot, Blueberry tip

BLUEBERRIES ( 1) borer, Cherry fruitworm, Cranberry fruitworm,

12 2 ~ Japanese beetle, Plum curculio, Leafrollers, Sharp-nosed leafhopper, White tussock moth

Black cherry aphid, Bud CHERRIES (3) 12 2 ~ - moth, Cherry fruit fly,

Fruittree leafroller, 8

Lesser peach twig borer, Forbes and San Jose scale

Filename, MALATHION 8EC (214-110801)66330-248 (redline)PR 2007-4.doc

COMMENTS

For lesser peach twig borer, apply to trunk and scaffold limbs at 21 day intervals beginning with emergence. May cause injury on certain varieties of sweet cherries in the Northeast

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Page 12: U.S. EPA, Pesticide Product Label, MALATHION 8EC, 02/21/2009 · Please read instructions on reverse before completing form. Form Approved, OMB No. 2070-0060, Approval expires 05-31-98

Malathion 8 EC (214 110801) 66330 248 PR NOTICE 2007 4 - - -CROP REI RATE PESTS COMMENTS

HRS PTS./ ACRE

CITRUS

(GRAPEFRUIT (7) , 24 7-25 Aphids, Black scale * Do not apply when KUMQUATS (7) , (single and off- trees are in bloom LEMONS (7) , brooded) , California red LIMES (7) , scale, citricola scale, ORANGES (7) , Orange worm, purple TANGELOS (7) , scale, soft scale, TANGERINES (7) - thrips, Yellow scale mandarin oranges, 1-8

Mediterranean fruit tangors, and fly other hybrids of tangerines with other citrus ( 7)

CURRANTS (1) 1-2 Japanese beetle, Mites 12

GOOSEBERRIES 2 Currant Aphid, Imported (3) currantworm

Dried Fruit beetles, Apply with 1-2

FIGS (3) 12 2 ~ Vinegar flies gallons sulfured molasses per acre

Drosophilia, European Injury may occur to GRAPES (3) 24 2- fruit lecanium, grape grape berries when

2 ~ leafhopper, Japanese applications are beetle, Leafhopper, made after bloom. Mealybug, Spider mites, terrapin scale

GUAVA (2) , 12 Fruit flies Apply with 1 pound MANGO (2) ,

12 '>4 Fruit flies partially PASSION FRUIT hydrolyzed yeast (2 ) protein or

enzymatic yeast hydrolzate.

MACADAMIA NUTS 12 3-15 Green stink bug ( 0)

Black cherry aphid, May be mixed with NECTARINES (7 ) 12 2 ~ - Black peach aphid, Green spray oil for

9 peach aphid, Japanese dormant and delayed beetle, Rusty plum aphid dormant

applications.

Cottony peach scale, Follow spray oil manufacturer's

lesser peach tree borer, directions PEACHES (7 ) 24 5-9 Plum curculio, oriental

fruit moth, San jose scale, terrapin scale

Filename, MALATHION 8EC (214-110801)66330-248 (red1ine)PR 2007-4.doc 9

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Page 13: U.S. EPA, Pesticide Product Label, MALATHION 8EC, 02/21/2009 · Please read instructions on reverse before completing form. Form Approved, OMB No. 2070-0060, Approval expires 05-31-98

M 1 thO a a lon 8 EC (214 110801) 66330 248 PR NOTICE 2007 4 - - -

CROP REI RATE PESTS COMMENTS

HRS PTS./ ACRE

PECANS (0 ) 2 ~ - Aphids, Mites, Pecan 12 bud moth, Pecan leaf

casebearer, Pecan 12 ~ phylloxera

WALNUTS ( 0) 12 4-12 Aphids, Mites, Walnut ~ husk fly

FIELD AND ROW CROPS

CROP REI RATE HRS PTS/

ACRE

PESTS

ALFALFA ( 7 ) , CLOVER (7), BIRDSFOOT TREFOIL CLOVER (7),LESPEDEZA, LUPINE (7), VETCH ( 0) If 1 ~ pts. or less. (7) for 2 12 pt. rate

SEED CROPS-ALFALFA (0), BIRDSFOOT TREFOIL 12 CLOVER (0), LESPEDEZA (0), LUPINE (0), VETCH ( 0)

LEAFY VEGETABLES CROP GROUPING:

AMARANTH (LEAFY AMARANTH, CHINESE SPINACH, TAMPALA) (7). ARRAGULA (7)

(ROQUETTE , CELTUCE, CHERVIL, CHRYSANTHEMUM-

Alfalfa weevil larvae, Aphids, Armyworms, Clover leaf weevil, Grasshoppers, Lygus bugs, Pea Aphid, Potato leafhoppers,

1-2 Spider mites, Spittlebug, Vetch bruchid

1-1 ~

Aphids, Leafhoppers, Lygus bugs

Aphids

EDIBLE LEAFED, 12 1-2 GARLAND, CORN SALAD, DANDELIONS, DOCK SORREL, FLORENCE FENNEL, ORACH,

Filename: MALATHION 8EC (214-110801)66330-248 (redline)PR 2007-4.doc

COMMENTS

Use higher rate for Armyworm control. For hard to control insects, use up to 2 pts. per acre. Apply to Alfalfa in bloom only in the evening or early morning when bees are not working in the fields or are not hanging on the outside of hives

Apply to plants in bloom only in the evening or early morning when bees are not working in the fields or are not hanging outside the hives

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Page 14: U.S. EPA, Pesticide Product Label, MALATHION 8EC, 02/21/2009 · Please read instructions on reverse before completing form. Form Approved, OMB No. 2070-0060, Approval expires 05-31-98

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Malathion 8 EC (214-110801) 66330-248 PR NOTICE 2007- 4

CROP

(7) PARSLEY (21). PURSLANE- garden and winter, SWISS CHARD, (7)

CELERY (7)

LETTUCE (field or greenhouse) ( 7 days for head lettuce; 14 days for leaf lettuce)

ENDIVE (field or greenhouse) (7)

SPINACH (7)

BEANS - Dry and Succulent (Field and greenhouse) ( 1)

BEANS - Dry ( West of the Rocky Mts. Only) ( 1)

BEETS, garden (seed crop) (7 )

REI RATE HRS PTS/

ACRE

1 ~

1-2

1 ~

2

12 1 ~

12 1-1 ~

12 1 ~

BEETS, table (7) 12 2 ~

BROCCOLI (3), TURNIPS (3), BROCCOLI RAAB (7)

PESTS

Aphids, Spider Mites

Aphids, Alfalfa Loopers, Leafhoppers, Mites

Aphids

Aphids, Cucumber beetles, Japanese beetles, Potato Leafhoppers, Mexican bean beetles, Nitiduld beetles, Spider mites, pea leaf weevils

Lygus bugs

Lygus bugs

Aphids, Beet armyworm, Blister beetles, Flea beetles

Aphids, Cabbage loppers, flea beetles, Imported

F~lename, MALATHION 8EC (214-110801)66330-248 (redl~ne)PR 2007-4.doc

COMMENTS

* Do not graze or feed forage to livestock

*do not graze or feed forage to livestock.

Apply in 5 to 10 gallons of water per acre at seedball stage to hard seed stage. Repeat as needed

11

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Page 15: U.S. EPA, Pesticide Product Label, MALATHION 8EC, 02/21/2009 · Please read instructions on reverse before completing form. Form Approved, OMB No. 2070-0060, Approval expires 05-31-98

'. Malathion 8 EC (214-110801) 66330-248 PR NOTICE 2007- 4

CROP

(RAPINI) , BRUSSEL SPROUTS (7) , CABBAGE (7), CAULIFLOWER

REI RATE HRS PTS/

ACRE

(7), CAVALO 12 1~ -2~ BROCCOLO (7),

CHINESE BROCCOLI (7), CHINESE

MUSTARD CABBAGE ( 7 ) (BOK CHOY, NAPA), CHINESE MUSTARD (7), COLLARDS (7), KALE (7), KOHLRABI (7), MIZUNA (7), MUSTARD GREENS (7), MUSTARD SPINACH (7), RAPE GREENS (7)

CORN- Grain or forage (5)

12 1

CORN-Pop (5) 12

COTTON (0) 12

CUCUMBERS (Field 12 and greenhouse) ( 1), SQUASH ( 1 )

1

1-4

1"1-4

1 ~

PESTS

cabbage worms

Aphids, Corn rootworm adults, Sap beetles, Thrips, Young grasshoppers

Aphids, Grasshoppers

Aphids, Brown cotton leafworm, cotton leaf perforator, Leafhoppers, Spider mites, Whitefly

Boll Weevil, cotton Fleahoppers, Fall Armyworms, Grasshoppers, Garden webworms and Lygus

Aphids, Cucumber beetles, Cutworms, Darkling ground

Filename: MALATHION 8EC (214-110801)66330-248 (redline)PR 2007-4.doc

COMMENTS

* Note: Injury may occur in whorl and silk stages

• For best grasshopper control, apply when nymphs are in the first through third instar.

• do not graze or feed forage to livestock

• NOTE: see footnote at end of table

* Do not apply unless plants are dry.

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Page 16: U.S. EPA, Pesticide Product Label, MALATHION 8EC, 02/21/2009 · Please read instructions on reverse before completing form. Form Approved, OMB No. 2070-0060, Approval expires 05-31-98

'0

Malathion 8 EC (214 110801) 66330 248 PR NOTICE 2007 4 - - -CROP REI RATE PESTS COMMENTS

HRS PTS/ ACRE

beetles, For vine borer, apply Leafhoppers, weekly to stems and Pickleworm, vines at base of plant. Spider mites, Squash vine borer, thrips

EGGPLANT (Field 12 ~ - Aphids, Spider and greenhouse) 3 ~ mites (3)

2-3~

Lacebugs

FLAX (45) 12 ~ Grasshoppers

GARLIC, LEEKS 12 1-2 Aphids, Thrips (3) , SHALLOTS ( 7)

GRASSES- PASTURE 12 1-1"" Aphids, Apply in sufficient AND RANGELAND Grasshoppers, water for good coverage (such as BARN Leaf hoppers or use 1 "" pts. plus 1 GRASS, BERMUDA, gallon of diesel fuel CANARY GRASS, oil per acre by means of FESCUE, ORCHARD an airplane or turbine-GRASS, RED TOP, blower type sprayer. TIMOTHY AND YELLOW FOXTAIL ( 1)

HOPS (7) 12 ~-1"" Aphids HORSERADISH (7) PARSNIPS (7)

12 2 Aphids, Diamondbac RADISHES (7) SALSIFY (7) k moths, Flea

beetles, Leafhoppers

* Do not graze or feed LENTILS (3) 12 1 Aphids forage to livestock

MUSHROOMS Apply in 130 gallons of (greenhouse) (1 ) 12 1 ~ Phorid flies, water per acre, or 1

Scarid flies tablespoon per 3 gallons of water per 1000 square foot bed. Make thorough application as soon as possible after picking. Repeat application as necessary, usually twice per week

OKRA ( 1) 12 1 ~ Aphids, Japanese beetles

Filename: MALATHION SEC (214-110801)66330-248 (redl,ne)PR 2007-4.doc 13

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Page 17: U.S. EPA, Pesticide Product Label, MALATHION 8EC, 02/21/2009 · Please read instructions on reverse before completing form. Form Approved, OMB No. 2070-0060, Approval expires 05-31-98

Malathion 8 EC (214 110801) 66330 248 PR NOTICE 2007 4 - - -

CROP REI RATE PESTS HRS PTS/

ACRE

ONION- Bulb and 12 1-2 Thrips Green ( Field or 2 Onion Maggots Greenhouse) ( 3)

PEAS (3) 12 1-2 ~ Aphids, Pea weevils

PEPPERMINT (7 ) 12 1 Adult flea

SPEARMINT (7 ) beetles, Leafhoppers

PEPPERS (Field or 12 1 ~ Aphids, Pepper Greenhouse) (3) maggots

POTATOES (none) 12 1 False chinch bugs, Leafhoppers, mealybugs

3 Aphids, Blister beetles

Rice leaf miners,

12 1 ~ Rice stink bugs

RICE- Domestic, Grain, or Wild ( 7)

RUTABAGAS (3) 12 1-2 Aphids

SMALL GRAINS 12 1-1"'< Armyworms, (BARLEY, CORN, english grain

OATS, RYE, WHEAT) aphids, (7 ) Grasshoppers,

Greenbugs

SORGHUM- Grain or 12 1 ~ greenbugs Forage (7 )

Aphids, Field

STRAWBERRIES (3) crickets, Lygus bugs, Potato

12 2 leafhoppers, Spider mites, Spittlebugs, Strawberry leafrollers,

Filename: MALATHION 8EC (214-110801)66330-248 (redline)PR 2007-4.doc

COMMENTS

* Do not graze or feed forage to livestock.

* Do not apply Propanil within 15 days of malathion treatment. Broadcast use only over intermittently flooded areas. Application may not be made around bodies of water where fish or shellfish are grown and/or harvested commercially.

* Do not graze or feed forage to livestock

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Page 18: U.S. EPA, Pesticide Product Label, MALATHION 8EC, 02/21/2009 · Please read instructions on reverse before completing form. Form Approved, OMB No. 2070-0060, Approval expires 05-31-98

Malathion 8 EC (214 110801) 66330 248 PR NOTICE 2007 4 - - -

CROP REI RATE PESTS COMMENTS HRS PTS/

ACRE Strawberry root weevils, Thrips, Whiteflies

SWEET CORN Japanese beetles Notice: Injury may occur (Field or 12 1 in whorl and silk Greenhouse) (5) stages.

SWEET POTATOES 12 1-1'-11 Leafhoppers (3 )

1~ Morning glory Leafminers

TOMATOES (Field 12 1 ~ - Aphids, Spider Apply a full coverage and Greenhouse) 2

mites application to fruit and ( 1) Drosophi1la flies foliage

WATERCRESS (7 ) 12 1-2 Aphids, Spider Mites

Filename: MALATHION BEC (214-110801)66330-248 (redline)PR 2007-4.doc 15

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Page 19: U.S. EPA, Pesticide Product Label, MALATHION 8EC, 02/21/2009 · Please read instructions on reverse before completing form. Form Approved, OMB No. 2070-0060, Approval expires 05-31-98

Malathion 8 EC (214-110801) 66330-248 PR NOTICE 2007- 4

CROP REI RATE

HRS PTS/ ACRE

COTTON TANK MIX INSTRUCTIONS

PESTS COMMENTS

For a complete cotton spray program, this product may be combined with other registered cotton insecticides. Carefully follow all precautions and directions in the labeling of any product used in combination with Malathion BEC. Do not use registered products at higher dosages than is recommended on the label. Do not use in combination with Malathion BEC any product that prohibits such use. The use of Malathion BEC in combination with products containing carbaryl may cause injury to cotton.

Apply only when weather conditions are favorable. Wind or rising air currents may cause undesirable spray drift and reduce insect control. Cover foliage uniformly. Time treatments and set dosages according to insect populations or damage. Repeat treatments as necessary to maintain control. Consult your local extension service or professional consultant for treatment thresholds.

Undiluted spray droplets of Malathion BEC will permanently damage automobile paint. If accidental exposure does occur, the vehicle should be washed immediately. Apply Malathion BEC uniformly at the volumes and dosage rates above.

COTTON APPLICATION INSTRUCTIONS

Aerial Applications: If water is used for dilution, apply at least one gallon of finished spray per acre. Some states may require more dilution; consult your appropriate state agency if in doubt. Malathion BEC can be used in specially designed aircraft capable of applying ultra low volumes for control of cotton insects indicated. When Malathion BEC is applied ultra low volume, use a sufficient amount of once refined vegetable oil to make at least one quart of finished spray solution per acre.

Conventional Ground Application: Use water for dilution and apply at least 5 gallons of finished spray per acre.

Filename, MALATHION 8EC (214-110801)66330-248 (redline)PR 2007-4.doc 16

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Page 20: U.S. EPA, Pesticide Product Label, MALATHION 8EC, 02/21/2009 · Please read instructions on reverse before completing form. Form Approved, OMB No. 2070-0060, Approval expires 05-31-98

Malathion 8 EC (214-110801) 66330-248 PR NOTICE 2007- 4

ORNAMENTALS

NOTE: Before treating a large number of ornamental plants with Malathion 8 EC alone or as a tank mixture with any other material, make a test application on a few plants and observe for 7-10 days prior to treating large areas to reduce the possibility of plant injury.

CROP

FLOWERS, SHADE TREES and SHRUBS

REI

HRS 12

RATE PTS/ ACRE 1 pt in 100 gals of water as a spray

1 ~ pts in 100 gals. Of water as a spray

1 3/5 pts in 100 gals of water

2 ~ pts in 100 gals of water

PESTS

Aphids, Euonymus scales, European pine shhot moths, Four lined leaf bugs, Japanese beetle adults, Lace scales, Mealybugs, Millipedes, Oyster shell scales, Potato Leafhoppers, Rose Leafhoppers, Scurfy scales, Spider Mites, Springtails, Sowbugs, tarnished plant bugs, Thrips, whiteflies

Azelea scales, Bagworms, Birch leafminers, Boxwood leafminers, Fletch scales, Florida-red scales, Jumper scales, Magnolia scales, Oak Kermes, Pine leaf scales, tent caterpillars.

Black scale crawlers, Monterey, pine scales

Pine needle scales, wax scales

Filename: MALATHION 8EC 1214-110801)66330-248 Iredline)PR 2007-4.doc

COMMENTS

Attention: Avoid use of certain ferns including boston, Maidenhair, and pteris, as well as some species of Crassula ad Canaeteri Juniper. For oyster scale,Fletch, Juniper, Oak Kermes and pine needle scale: apply when scale crawlers have settled on the foliage

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Page 21: U.S. EPA, Pesticide Product Label, MALATHION 8EC, 02/21/2009 · Please read instructions on reverse before completing form. Form Approved, OMB No. 2070-0060, Approval expires 05-31-98

Malathion 8 EC (214-110801) 66330-248 PR NOTICE 2007- 4

SLASH PINE, PINE SEED ORCHARDS, AND CHRISTMAS TREE PLANTATIONS

CROP REI RATE PESTS COMMENTS- - - i Formatted Table

PTS/ ACRE

HRS SLASH PINE, 12 For ground Slash pine flower Apply ~ gallon PINE SEED application thrips, European of the mixture ORCHARDS, AND mix ~ to pine sawfly per tree on the CHRISTMAS 4/5 gals. smallest TREE of Marathon flowering PLANTATION 8EC in 100 trees. Mist

gals. of blowers or water airblast sprays

may be used

Apply a minimum For air of 5 gallons of application mixture per mix 2/5 acre. Make two gals of applications, Malathion 8 the first when EC in at female flowers least 5 are in twig bud gals of stage, the water second one week

prior to maximum flower receptivity to pollen

MOSQUITO CONTROL

MOSQUITOES, FLIES, AND SMALL FLYING INSECTS: For use by trained personnel as a 2·% to 5% Malathion fog, aerosol or space spray. To make a 2% solution dilute 1 part Malathion 8 in 45 parts water, fuel oil or diesel oil. When using a kerosene type solvent as a carrier, dilute 1 part Malathion 8 EC in 45 parts consisting of 4 parts kerosene-type solvent and 1 part aromatic hydrocarbon-type solvent. Apply 0.58- 2.86 gallons finished spray per acre. For a 5% solution, dilute 1 part Malathion 8 EC in 18 parts solvent. Apply 0.24- 1.18 gallons finished spray per acre.

MOSQUITO LARVAE IN STANDING WATER (Only for use in intermittently flooded areas, stagnant water, temporary rail ponds, and log ponds- KEEP OUT OF FISH BEARING WATERS): Apply Malathion 8 EC at the rate of 8 fluid ounces per acre. Mix in sufficient water or oil to obtain even coverage when applied by air or ground equipment. Repeat applications as necessary. Avoid applying oil­based formulations to valuable ornamental plants as injury may occur. Broadcast use only over intermittently flooded areas.

Filename: MALATHION 8EC (214-110801)66330-248 (redline)PR 2007-4.doc 18

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Page 22: U.S. EPA, Pesticide Product Label, MALATHION 8EC, 02/21/2009 · Please read instructions on reverse before completing form. Form Approved, OMB No. 2070-0060, Approval expires 05-31-98

Malathion 8 EC (214-110801) 66330-248 PR NOTICE 2007- 4 Application may not be made around bodies of water where fish or

shellfish are grown and/or harvested commercially.

AROUND THE OUTSIDE OF BUILDINGS (Around buildings which house domestic animals, around homes, yards, commercial and industrial buildings, agricultural buildings, outdoor garbage cans, compost/compost piles, garbage dumps, and cull fruit and vegetable dumps): Apply 1 gallon of Malathion 8 EC undiluted per 1000 sq. ft. on painted surfaces. Apply 2 gallons of Malathion 8 EC undiluted per 1000 sq. ft. on unpainted surfaces where flies alight or congregate. In most cases, adding molasses or sugar to the spray prolongs the insecticidal activity of Malathion and serves as a fly attractant.

NOTICE: Avoid contamination of milk, milk equipment and water. Avoid contamination of feed and food products, also drinking fountains and feed troughs.

SMALL GRAIN STORAGE FACILITIES (corn, wheat, rye, oats and barley) For a residual wall, floor, and machinery spray in grain elevators, in treating truck beds, boxcars, and ships' holds before loading grain, apply 5 pts. per 25 gallons of water making through application. Before applying spray, clean elevators, boxcars, etc. thoroughly. Remove and burn all sweepings and debris.

DROSOPHILIA FLY AND DRIED FRUIT BEETLE CONTROL

FLY CONTROL

ON OR AROUND CULL FRUIT AND VEGETABLE DUMPS: mix 7 ~ pints in 100 gallons of water. Apply as a drench, using 8 to 10 gallons of spray per 100 sq. ft. For best results, dumps should not be over 18 inches deep. Do not feed treated fruit and vegetables.

SELECT MALATHION MALATHION BAIT SPRAYS SPRAYS

AMOUNT OF AMOUNT AMOUNT OF AMOUNT OF SUGAR (OR) SPRAY MALATHION BAIT SPRY MALATHION UNSULFURIZED BEC B EC MOLASSES/ CORN SYRUP

2 ~ GAL ~ cup 2 ~ gal. ~ cup 1 cup 1 cup

12 gal 1 ""

pt. 12 gal 1 "" pt. 2 ~ Ibs. 1 qt.

100 gal. 1 ""

gal 100 gal. 1 ""

gal 20 Ibs. 2 gal.

Filename, MALATHION 8EC (214-110801)66330-248 (redline)PR 2007-4.doc 19

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Page 23: U.S. EPA, Pesticide Product Label, MALATHION 8EC, 02/21/2009 · Please read instructions on reverse before completing form. Form Approved, OMB No. 2070-0060, Approval expires 05-31-98

"

Malathion B EC (214-110801) 66330-24B PR NOTICE 2007- 4

Warranty and Disclaimer Statement The directions for use of this product are believed to be adequate and must be followed carefully, However, it is impossible to eliminate all risks associated with the use of this product. Such risks may arise from weather conditions, soil factors, off-target movement, unconventional farming techniques, the presence of other materials, the manner of use or application, or other unknown factors, all of which are beyond the control of Arysta LifeScience North America Corporation ("Arysta"), and can cause crop injury, injury to non-target crops or plants, ineffectiveness of the product, or other unintended consequences. All such risks shall be assumed by the user or buyer. Arysta warrants that this product conforms to the chemical description on the label and is reasonably fit for the purposes stated in the Directions for Use, subject to. the inherent risks described above, when used in accordance with the Directions for Use under normal conditions. This warranty does not extend to the use of this product contrary to label instructions or under conditions not reasonably foreseeable to Arysta, and is subject to the inherent risks described above.

TO THE EXTENT CONSISTENT WITH APPLICABLE LAW, ARYSTA DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

TO THE EXTENT CONSISTENT WITH APPLICABLE LAW, ARYSTA, MANUFACTURER, AND SELLER DISCLAIM AND SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE, HANDLING, APPLICATION, STORAGE, OR DISPOSAL OF THIS PRODUCT OR FOR DAMAGES IN THE NATURE OF PENALTIES, AND THE USER AND BUYER WAIVE ANY RIGHT THAT THEY MAY HAVE TO SUCH DAMAGES. NO AGENT, REPRESENTATIVE OR EMPLOYEE OF ARYSTA IS AUTHORIZED TO MAKE ANY WARRANTY, GUARANTEE OR REPRESENTATION BEYOND THOSE CONTAINED HEREIN OR TO MODIFY THE WARRANTIES CONTAINED HEREIN.

TO THE EXTENT CONSISTENT WITH APPLICABLE LAW, THE EXCLUSIVE REMEDY OF THE USER OR BUYER, AND THE TOTAL LIABILITY OF ARYSTA, MANUFACTURER, AND SELLER, SHALL BE LIMITED TO THE PURCHASE PRICE PAID, OR AT ARYSTA'S ELECTION, THE REPLACEMENT OF THE PRODUCT.

I

~------------------------------------------------------------------~

Filename: MALATHION SEC {214-110S01166330-24S {redline)PR 2007-4.doc

NOTWZlCATION

FEB 21 2009

20

Deleted: MICRO FLO WARRANTS I THAT THIS PRODUCT CONFORMS

: TO THE CHEMICAL DESCRIPTION ON THE LABEL THEREOF AND IS

I REASONABLY FIT FOR THE PURPOSE STATED ON SUCH LABEL ONLY WHEN USED IN ACCORDANCE

I WITH THE DIRECTIONS FOR USE. IT IS IMPOSSIBLE TO

ELIMINATE ALL RISKS INHERENTLY ASSOCIATED WITH THE USE OF THIS PRODUCT. CROP INJURY, INEFFECTIVENESS, OR OTHER UNINTENDED CONSEQUENCES MAY RESULT BECAUSE OF SUCH FACTORS AS WEATHER CONDITIONS, PRESENCE OF OTHER MATERIALS, OR THE MANNER OF USE OR APPLICATION, ALL OF WHICH ARE BEYOND THE CONTROL OF MICRO FLO. IN NO CASE SHALL MICRO FLO BE LIABLE FOR THE CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES RESULTING FROM THE USE OR HANDLING OF THIS PRODUCT. ALL SUCH RISKS SHALL BE ASSUMED BY THE BUYER., , EXCEPT AS EXPRESSLY PROVIDED HEREIN, MICRO FLO MAKES NO WARRANTIES, GUARANTEES, OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, OR BY USAGE OF TRADE, STATUTORY OR OTHERWISE, WITH REGARD TO THE PRODUCT SOLD, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USE OR ELIGIBILITY OF THE PRODUCT FOR ANY PARTICULAR TRADE USAGE.

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