North Dakota State
University
NDSU Extension Service

Volume 16, No. 2, April 1998
Coordinator's
Comments
The Making
of a Pesticide
Section
18 Fungicide Labels for 1998
1998 New
Herbicide Review
Spring
1998 Insecticide Highlights
Pest
Management Field School June 25th
Flax Weed
Control
Herbicide
Tolerant Canola in Canada
Pesticides
and the New Consumer's Right to Know Brochure Being Developed By
EPA
Funding
Approved for Three Minor Use Pesticide Projects
Respective
Liability of Applicators and Landowners
Greetings! I'm the new kid on the block. I came on board February 2, 1998 and assumed the responsibility for coordinating pesticide training activities for North Dakota. This is an awesome task, and one which I relish. To date I have visited with hundreds of you regarding what can only be described as a Byzantine maze of pesticide rules and laws. Whether you are a pesticide applicator or a consumer in the city, the mere term "pesticides" provokes powerful attitudes and opinions. This makes the pesticide coordinator position incredibly challenging and one that requires considerable dialog with all the players who have a stake in the game.
To that end, I'm asking that you take the time to give me a call, write me some e-mail ( athosten@ndsuext.nodak.edu ), or scribble a note to me concerning what we do right, what we do wrong, and what we can do better in our training program. I have a very thick skin, and I still have a sense of humor so do not be afraid to speak your mind. I also enjoy spirited debate and even passionate discussion, so be frank. I genuinely want to hear from you because there will be profound changes in our certification program over the next several years.
Finally, I hope you enjoy the new Pesticide Quarterly (PQ). We have slimmed down this newsletter and given it a fresh look. I hope this will make it a quick, informative, and pleasant read. Any comments regarding the PQ's style and content would also be appreciated.
Have a successful spring,
Andrew A. Thostenson,
NDSU Pesticide Program Specialist
Alan Schreiber
Coordinator's Note: Ever wonder why pesticides are so expensive? Ever wonder why it takes so long to get a pesticide to market? Then ponder some of the observations of Dr Alan Schreiber who describes a field trip to a pesticide manufacturing plant. Alan is the former head of the Food and Environmental Quality Laboratory for Washington State University. His article is reprinted from the March 1998 issue of Agrichemical and Environmental News, Washington State University.
Pesticide users generally do not think about pesticides in terms of production: who made a pesticide and how it was made. Users should know that, just as milk does not originate from Safeway, a pesticide does not really come from Wilbur-Ellis. Instead, base manufacturers make pesticides. I recently had the opportunity to tour one of the major pesticide manufacturing facilities in the United States. The tour provided me with a new perspective on where pesticides come from.
This facility makes two insecticides and five herbicides for global sales and distribution. All seven products are major pesticides commonly used around the world. Additionally, a new manufacturing plant is being built for a new insecticide. The size and cost of the entire set of operations was phenomenal. Two facts should provide some indication of the cost of producing pesticides. Company representatives said the cost of the manufacturing facility for the new insecticide was "well over $50 million." My guess is that the cost is between $65 million and $80 million.
To make the seven active ingredients requires four different manufacturing facilities. A fifth plant will be required for the new insecticide. The entire operation is supported by 650 people, but only 200 are directly involved in the manufacturing of the pesticides. All other personnel are support staff. The plants have four crews, each of which works a 12-hour shift. There are two 12-hour shifts per day. This means that at any one time, only 50 people run the four plants and produce the seven chemicals.
Raw products, such as sulfuric acid, hydrogen, ammonia, acetonitrile, etc., come in by tractor-trailer, railroad and barge. These simple products enter one end of a plant that is a veritable maze of pipes, tanks, heaters, coolers, and glass-lined react ors. Out the other end comes a complex molecule. Such manufactured products are either sent to a formulation facility on site or shipped to other formulating plants. Often, technical grade material (nearly pure product) to be used in other countries is shipped to formulating plants in Europe and other locations closer to the users or to locations where formulation may be more economically favorable.
Millions of pounds of active ingredient and formulated product leave the facility. The ultimate value of that material (after all formulation is completed) is more than $1 billion.
An electrical engineer conducted the tour. It is his job to ensure that the new plant is completed on time. He said the plant would be done and producing material by May 31, 1998. There is no doubt that he and the entire company are not just hoping a new plant will start then; this billion-dollar-a-year company is committed to having the new insecticide in production on that day. The tour gave me a new appreciation of what goes into putting a pesticide in the hands of a user. I think that when Pat the Grower opens a container of Compound X, she does not consider that a $70 million plant made the material and that it required a $20 million formulation plant, a $35 million research and development program, and a $4 million sales force to produce that particular active ingredient. Do not forget that the company must recoup these costs and make a profit within seven years or so after the first registration, before the product goes off patent. While patents provide protection for 17 years, the first registration for a product often does not occur until after 10 years have passed. It is no wonder that pesticide prices are higher than users say they should be.
Following are some other interesting facts from the visit:
Marcia McMullen, NDSU small grain pathology specialist reports that a Section 18 label request for Folicur for the control of head blight or scab of wheat and barley was submitted to the North Dakota Department of Agriculture on January 30, 1998. This was approved at the state level and forwarded on to EPA in mid February. Word at the time of this writing out of EPA has been mixed. Folicur's manufacturer, Bayer, is working aggressively for a full label registration in 1999, but continuing doubts about toxicology risks makes any predictions about timetables sheer guess work.
In other scab-related developments, a State and Local Needs Label 24C has been granted by the North Dakota Department of Agriculture for the use of Tilt fungicide at the early heading stage of small grains. While this use is designed for leaf and glume blotch control, applications at this growth stage would also have a positive impact on the control of scab. This 24C is not a sure thing, however. EPA may still reject the label after a 60 day review period. At the time of this writing the only sure and labeled control for scab in North Dakota are the fungicides Benlate and Mancozb. If these products are applied appropriately, they will provide some economical suppression of scab in small grains.
Art Lamey, NDSU row and specialty crop pathology specialist reports that the following Section 18 Requests have been submitted:
Section 18s are also being developed for the following, but have not been submitted to date because of incomplete data availability:
Richard Zollinger
Accent Gold 75DF + 83.8 DF (DuPont) - 3 ALS + 1 PGR
a.i.: (nicosulfuron (Accent) + rimsulfuron (Matrix) + (clopyralid (Stinger) + flumetsulam (Python/Broadstrike)= Hornet)
Crops: Corn
Comments: One rate of 2.9 oz DF/A gives broad-spectrum grass and broadleaf weed control and suppression of Canada thistle. Restricted to 88 or more day maturity corn varieties. Contains 0.25 oz/A Accent 75DF/A and 0.25 oz/A Matrix 25DF, 4 fl oz/A Stinger, and 0.7 oz/A Python 80DF (2.4 oz/A Hornet). Low rates of active ingredients decrease carryover potential. Not control ALS resistant kochia and late emerging nightshade.
Cost = $20.00/A at 2.9 oz DF/A.
Achieve 40DF (Zeneca) - ACCase Inhibitor
a.i.: tralkoxydim (40WDG will be replaced with 80WDG)
Crops: HRS and durum wheat, and barley.
Comments: U.S. registration expected in 1998. No crop stage restrictions for application. 7 to 9.5 oz 80DF/A for wild oat and foxtail control. 9.5 oz/A = $15 to $16/A. Wild oat are more susceptible than foxtail. Severe antagonism with SU's and phenoxy amines but may have tank mix options with Buctril and/or MCPA ester. Addition of AMS may increases weed control. Same mode of action as fenoxa-prop. Turbo-Charge adjuvant included in separate container.
Achieve Extra Gold = Achieve + Buctril M (Bronate) - Canada.
Prevail = Achieve + Curtail M - Canada.
Affinity 40DF (FMC) - PPO Inhibitor
a.i.: carfentrazone
Crops: Wheat and barley registration discontinued by FMC.
Comments: See Aim below for description. Will be recommended in phenoxy herbicides.
Aim 40DF (FMC) - PPO Inhibitor
a.i.: carfentrazone
Crops: Corn (Registration expected in spring of 1998)
Comments: Contact type herbicide for broadleaf weed control. Narrow weed spectrum so will be available only in premix with other broadleaf herbicides (atrazine) to increase broadleaf weed control. Controls ALS resistant kochia.
Avenge (American Cyanamid) (Diverse mode of action)
Crops: HRS wheat varieties have been added to label ONLY at 2.5 to 3 pt/A: 2375, AC Domain, AC Barrie, Bacup, Ernest, Forge, Hamer, Hi-Line, Kulm, Lars, McNeal, Norlander, Oxen, Russ, and Sharpshooter.
Axiom DF (Bayer) - Same mode of action as Lasso, Dual, etc.
a.i.: fluthiamide + metribuzin (54.4%+13.6% DF or 4:1 ratio)
Crops: Corn
Comments: Registration expected in 1999. PPI or PRE with 4 to 6 weeks activity, oxyacetamide chemistry but mode of action same as Lasso, Dual, Frontier, Harness, Surpass) herbicide. Rainfall is required for weed control. Does not appear as active on North Dakota soils as competitive herbicides.
Balance (Rhone Poulenc) - Carotenoid inhibitor
a.i.: isoxaflutole
Crops: Corn
Comments: Registration expected by use season 1998. PPI or PRE for wide spectrum grass and broadleaf weed control, including wild proso millet, woolly cupgrass, sandbur, and kochia. Kills corn POST. New and unique mode of action carotenoid inhibitor. Better weed control in low rainfall conditions than other PPI or PRE herbicides. Weak on yellow foxtail, sunflower, giant ragweed and wild buckwheat. Requires rain for maximum weed control. Will control small emerged weeds after a rain event. 6 to 8 weeks residual weed control. Some carryover concerns in North Dakota field trials.
Basagran EDG (BASF) - Ps II inhibitor
a.i.: bentazon
Comments: New Extruded Dry Granule formulation.
Broadstrike + Dual (Dow)
a.i.: flumetsulam (Python) (ALS) + metolachlor (Dual)
Crops: Corn and soybean
Comments: Marketed primarily by Novartis.
Bromoxynil (Rhone Poulenc, Micro Flo through Terra and Ostlund)
Several brand names introduced in addition to Buctril and Bronate.
Bromoxynil - Photosynthetic inhibitor - other site
Buctril - Rhone Poulenc
Broclean - MicroFlo through UAP/Ostlund
Moxy - MicroFlo through Riverside/TerraBromoxynil + MCPA
Bronate - Rhone Poulenc
Bromac - MicroFlo through UAP/Ostlund
Bison - MicroFlo through Riverside/TerraBromoxynil + Atrazine
Buctril + Atrazine - Rhone Poulenc
Brozine - MicroFlo through Ostlund
Moxy AT - MicroFlo through Riverside/Terra
Buctril Gel will be discontinued.
A dry ester formulation (20WP) and a dry granule formulation (80WG) are being tested for U.S. registration.
Celebrity (BASF) - ALS inhibitor + PGR
a.i.: Nicosulfuron (Accent) + dicamba (Banvel 70WDG)
Crops: Corn
Comments: Use rate equivalent to Accent at 2/3 oz DF/A + Banvel at 8 fl oz. BASF traded Frontier to DuPont (Bladex replacement) for Accent. Oil adjuvant restriction with Banvel may be resolved through supplemental labeling.
Clarity (BASF) - PGR
a.i.: dicamba - diglycolamine salt
Crops: Use expanded to small grains in addition to corn.
Comments: Heavier salt formulation reduces risk of drift compared to Banvel (dicamba - dma salt), or Banvel SGF (dicamba - Na salt). Same risk of particle drift as other dicamba formulations.
Discover (Novartis) - ACCase Inhibitor - In U.S.
Horizon (Novartis) - ACCase Inhibitor - In Canada
a.i.: clodinafop
Crops: HRS and durum wheat and barley.
Comments: Registered in Canada. U.S. Registration in 1999 or 2000. Controls grass weeds. Less antagonism with broadleaf herbicides than fenoxaprop or Achieve.
Distinct (BAS 662) (BASF) - PGR + Auxin inhibitor
a.i.: dicamba (Banvel) + diflufenzopyr (2.5:1 ratio).
Crops: Corn
Comments: Diflufenzopyr is of semicarbozone chemistry and has an auxin transport inhibitor (ATI) mode of action that synergizes auxin type herbicides (2,4-D, Banvel, Tordon). 4 to 8 oz product/A controls most annual broadleaf weeds and gives herbistatic grass suppression. G to E corn safety depending on stage of application. Late applications are more prone to injury. Registration in corn possibly late 1998.
Dual II Magnum 7.65E (Novartis)
a.i.: s-metolachlor (active isomer of metolachlor)
Crops: All crops labeled with Dual.
Comments: Use rate is 67% of the Dual 8E rate. A gradual replacement of Dual II 8E will take place.
FieldMaster (Monsanto)
a.i.: acetochlor + glyphosate + atrazine
Crops: Burndown in corn
Comments: Registration expected in 1998. Use rates of 3.5 to 5 qt/A. 4 qt/A = 2.29 pt acetochlor, 1.5 qt atrazine, 1.5 pt RU.
FirstRate 84DF (Dow) - ALS
a.i.: cloransulam (0.0.6 to 76 oz/A PPI or PRE, 0.3 oz POST)
Crops: Soybean
Comments: Weak on pigweeds and lambsquarters applied POST. E control of most large-seeded broadleaf weeds like ragweeds, smartweeds, sunflower, velvetleaf, venice mallow, and cocklebur. Poor nightshade control. Potential for Authority + FirstRate tank mix or premix = Gauntlet (not conformed). Carryover concerns in ND. Less residual in So. U.S. due to longer season.
Flexstar HL (Zeneca) - PPO Inhibitor - NOT IN North Dakota
a.i.: s-fomesafen (more active isomer) + adjuvants.
Crops: Soybean at 0.75 pt/A.
Comments: E control of broadleaf weeds. Labeled in ND only E of I-29 and S of I-94. High risk of carryover.
Imi wheatPossible name change to Motive for use in crops other than soybean. For annual grass and broadleaf weed control. EUP in 99 and full registration in 2000.
Liberty 1.67 (AgrEvo) - Glutamine synthetase inhibitor
a.i.: glufosinate
Crops: Transgenic corn and soybean, sugarbeet, canola.
Comments: Price reduced to $0.75/oz in 1998. Nonselective, nonresidual, contact type herbicide with unique mode of action. Apply to small weeds (contact type action). E on annual broadleaf weeds. Large, well tillered grasses and yellow nuts-edge may not be controlled. Label for drop nozzle use in conventional corn possible in 1998. Apply during sunlight. Always use AMS.
Lightning 70 WDG (American Cyanamid) - Both ALS
a.i.: imazethapyr (Pursuit) + imazapyr (Arsenal) at 3:1 ratio or 52.5%+17.5%)
Crops: IMI Corn (1.28 oz product/A = $18/A)
Comments: 85 to 95 day maturity corn varieties available in ND. E broad spectrum grass and broadleaf weed control. Only ALS mode of action - ALS resistant kochia NOT controlled. Carryover similar to Pursuit applied alone. E on cocklebur, giant ragweed, lambsquarters, nightshade, sunflower, and annual grasses. Suppression of Canada thistle. Corn chlorosis in cool weather.
Matador 0.8EC (FMC) - ACCase Inhibitor
a.i.: quizalofop (Same as DuPont's Assure II)
Matrix (DuPont) - ALS
a.i.: rimsulfuron
Crops: Potato
Comments: Rotation to sugarbeet is extended to 18 months. Rotation to barley stays at 9 months in Pembina, Towner, Walsh, Grand Forks, Traill, and Cass counties. In all other counties, rotation interval has increased to 18 months.
Maverick (MON 37500) 75DF (Monsanto) - ALS inhibitor
a.i.: sulfosulfuron
Crops: Spring and winter wheat
Comments: PRE or POST at 0.67 oz/A for cheatgrass/downy brome, quackgrass and broadleaf weed control in winter wheat. Has foxtail and wild oat activity. Activity on several broadleaf weeds including wild mustard. Poor control of jointed goatgrass. Control requires moisture. Good crop safety. Registration 1999.
Muster (DuPont) - ALS - Only in Canada
a.i.: ethametsulfuron
Crops: Canola and Crambe
Comments: Registered in Canada. Controls wild mustard and a few other broad-leaved weeds. Applied for Section 18 in 1998 for use in seed canola in MT, ND, and MN. Possible U.S. registration through harmonization with Canadian data.
NorthStar (Novartis) - ALS + PGR
a.i.: primisulfuron + dicamba
Crops: Corn
Comments: Beacon at 0.5 oz/A + dicamba at 4 fl oz/A. Registered expected in 1999. Use north of I-80 to avoid carryover problems of Exceed.
OpTill 6EC (BASF) - NOT IN ND
a.i.: dicamba acid (1 LB) + dimeth-enamid (Frontier) (5 LB)
Crops: No-till corn
Comments: Preplant in no-till corn fields. Use in selected parts of the mid-west. Part of a follow up program with Marksman.
Paramount (BAS 589) (BASF) - PGR
Accord 75DF (BASF) - Only in Canada
a.i.: Paramount = quinclorac + 2,4-D acid = 1:4 ratio or 0.125 to 0.25 LB/A + 0.5 to 1 LB/A
Accord = quinclorac alone.
Crops: Wheat, fallow, noncropland
Comments: Possible registration in 1999. Labeled on foxtail, barnyard-grass, cleavers, volunteer flax, and sowthistle. ND research shows G to E kochia, leafy spurge and field bindweed control. Carryover will restrict many follow crops. Accord antagonizes Assert. Sun-It II is only adjuvant recommended. Used in Canada to control DNA and ACCase resistant green foxtail.
Plateau 2S (American Cyanamid) - ALS
a.i.: imazapic
Crops: Noncropland and road side right-of ways.
Comments: Broadleaf and leafy spurge control in wild flowers, and some legumes. NO grazing, feeding, haying is allowed. Do not use on switchgrass.
Poast Preferred Corn (BASF) - Name changed from Sethoxydim Resistant (SR) or Poast Tolerant corn.
Puma (AgrEvo) - ACCase inhibitor
a.i.: fenoxaprop + safener
Crops: HRS and durum wheat, and barley.
Comments: Registration expected by use season in 1998. Safener provides safety to spring, durum wheat, and barley. E control of annual grasses. Rate is adjusted for grass type and broadleaf herbicide tank mix. Fenoxaprop is same active ingredient as in Dakota, Tiller, and Cheyenne. Wild oat resistance in North Dakota.
Python (Dow) - ALS
a.i.: flumetsulam
Crops: Corn and soybean at 0.8 to 1.33 oz DG/A. Possible dry bean label in 1999.
Comments: Same as the Broad-strike component in Accent Gold, Broadstrike + Dual, Broadstrike + Treflan, Hornet, and Scorpion III. Allows use with preferred grass tank mix partner.
Raptor (American Cyanamid) - IN U.S. - ALS
Odyssey (American Cyanamid) - IN CANADA - ALS
a.i.: Raptor = imazamox
a.i.: Odyssey = imazamox (35%) + imazethapyr (35%)
Crops: Legumes including soybean. CAN = peas and IMI canola.
Comments: Herbicide similar to Pursuit except more active on grass and broadleaf weeds and little risk of carryover the following year except in low pH soils. Field research has shown antagonism when mixed with other broadleaf herbicides. May not control wild buckwheat, common lambsquarters, and ragweeds. Raptor wheat is in development in the U.S. IR-4 projects has been initiated in dry beans, peas, Imi canola, alfalfa.
Roundup Ready Crops (Monsanto) - EPSP synthase inhibition
a.i.: glyphosate
Crops: Roundup Ready Soybean/Corn/Canola ('99)/
Sugarbeet ('99)/etc
Comments: New registrations: Preplant or pre-emergence and shielded applications, preharvest use in alfalfa allowing harvest or grazing soon after application for planting to alternate crop.
Earliest Roundup Ready corn and soybean varieties developed have 99 to 112 day maturities. Varieties adapted to North Dakota expected in 1999 or 2000. $5/bag technology fee. Application window different for perennial than annuals. Spray perennial later (Bud to bloom stage) than annual weeds. Off patent in 2000 - many formulations may be available: Roundup/Roundup Ultra/Generics without surfactant.
Select/Prism (Valent) - ACCase inhibitor/other
a.i.: clethodim
Crops: Prism will be discontinued. AGSCO will be the only distributor of Prism. Select registration in 1998 on all dry bean types/lentils/lupin/peas, (30 day PHI) and alfalfa (15 day PHI).
Comments: E control of annual and perennial grasses.
Skirmish 25DF (FMC) - ALS - NOT IN NORTH DAKOTA
a.i.: chlorimuron (Same as DuPont's Classic)
Crops: Soybean
Spirit (Novartis) - Both ALS - NOT IN NORTH DAKOTA
a.i.: primisulfuron (Beacon) + prosulfuron (Peak) in 3:1 ratio or 0.575 oz/A:0.25 oz/A)
Crops: Corn
Comments: Same ingredients as Exceed except contains a higher ratio of Beacon and less Peak for use in some northern U.S. geographic locations to reduce risk of carryover. See label.
Starane (UAP) - IN U.S. - PGR
Attain (Dow) - IN CANADA - PGR
a.i.: fluroxypyr (1.5 to 2 fl oz/A)
Crops: Wheat and barley.
Comments: Plant growth regulator (PGR) mode of action.
No residual. Researched extensively for many years but not registered. UAP is pursuing registration in U.S. Attain in Canada is composed of 180 g/L fluroxypyr and 564 g/L 2,4-D LV ester. Fluroxypyr alone has a limited broadleaf weed spectrum but provides excellent ALS resistant and susceptible kochia control; activity on leafy spurge. Tests indicate it also controls plant growth regulator tolerant kochia. Provides control or partial control of wild buckwheat and nightshades. Possible ND/MT Section 18 in 1998 for ALS kochia control in wheat and barley. No carryover.
Touchdown 5E (Zeneca) - EPSP synthase inhibitor
a.i.: Trimethyl sulfonium salt of glyphosate (NOT sulfosate).
(Same active ingredient as Roundup but a different salt.
Roundup Ultra = glyphosate - isopropylamine salt
Touchdown = glyphosate - trimethyl sulfonium (trimesium).
Crops: Burndown for corn and soybean, and in future, wheat.
Comments: Previously registered only in noncrop uses. Touchdown 5E contains adjuvants as Roundup Ultra but does not restrict addition of additional adjuvants. Touchdown is affected by water quality and salt antagonism as Roundup Ultra.
R to Hoelon/fenoxaprop (fops) in every
county tested in North Dakota.
R to Assure II (fop) limited to Red River Valley.
NO R to Poast/Select (dims) found in North Dakota.
Achieve (dim) resistance in western Minnesota.
Quackgrass, wild buckwheat, nutsedge, nightshade,smartweed, kochia, dandelion, maretail, common mallow, velvetleaf.
Phil Glogoza, NDSU entomology specialist reports at the time of this writing that no Emergency Section 18 insecticide labels are being pursued in North Dakota for use in the 1998 crop year. However, if serious problems develop, a crisis exemption label to control flea beetles in canola may be pursued. This would only be necessary on canola seed which has not been treated with Gaucho insecticide. Non-treated seed and seed treated with only lindane could be highly vulnerable to flea beetle attack if dry and warm weather conditions develop during the seedling stage. If this happens, a foliar insecticide application may be necessary. Our presently registered foliar insecticides (parathion and endosulfan) will provide knock down control of flea beetles only (no residual control). So, it may be necessary to seek a crisis exemption for something which will provide more residual control.
Gaucho seed treatment insecticide for the control of flea beetles in canola will be facing its second year of use in North Dakota. The results have been excellent for this product in both the field and in research plots. Studies conducted by Mike Weiss, NDSU entomologist, have clearly indicated that Gaucho used at label rates is far superior to other alternatives in both efficacy and human safety. Therefore, the label for Furadan has been allowed to lapse and we are not recommending quasi-legal treatments such as lindane for the control of this pest in North Dakota.
Furadan 4F (carbofuran) on sunflowers has had its label amended to delete the uses for seed weevils, banded moth, and head moth. This action has been taken because of the threat to honey bees, even though the label has always stated the product should never be applied to blooming crops if bees are visiting the area.
Asana XL on sunflowers has had its label amended to allow for reduced rates for the control of sunflower beetles. Asana may now be used a rate of 1.45 to 5.8 fluid ounces of product per acre (0.0075 to 0.03 LB AI per acre). A reduced rate has also been enacted for grasshopper control in soybeans, corn, sunflowers, dry beans, and potatoes. The rates are variable based on the crop and the stage of the grasshopper development, so consult the label for dosages.
Regent (fipronil) is a new class of insecticides that has been labeled in corn for the control of corn rootworm. Regent is a soil applied insecticide that is also listed as controlling European corn borer, however, most efficacy trials demonstrate weak performance.
In 1997 there was some confusion and possible violation of the label with the insecticide cyfluthrin. Cyfluthrin goes by the trade names Baythroid and Tempo. Baythroid is a restricted use pesticide (RUP) that has been used extensively on several crops in North Dakota with good results. Tempo is not a RUP, but it is registered for use to control insects in lawns, ornamental shrubs, and on structures indoors and outdoors. While not a RUP, the label clearly states that it is for commercial use only and not for homeowner use. Unfortunately, it is not illegal to sell the product to virtually anyone who wants it, but it is illegal to use it in a manner inconsistent with the label. Therefore, homeowners who use this product in and around their home would be in violation of the law. Both the state and EPA have been alerted of this problem and will be on the lookout in 1998.
Sunflower midge was a serious problem for growers in the Red River Valley and adjacent areas in 1997. To date, no known insecticide has demonstrated any acceptable level of control with this pest. So, NDSU is recommending that sunflowers growers select tolerant varieties and restrict their plantings in 1998 especially in areas that were hard hit this past year.
The annual NDSU Extension Service Pest Management Field School will be held at the Carrington Research Extension Center June 25, 1998. This is an excellent opportunity to hone your field scouting skills.
Hands on training will be given in weed identification, herbicide injury symptoms, disease recognition, and insect scouting.
This is an all day event with a limited registration. Mark your calendar, watch for further announcements, and for more information contact Greg Endres at the Carrington Center at (701) 652-2951.
Duane Berglund
Flax acres will be up this year in North Dakota. Weeds can be a serious problem in flax when left uncontrolled. Because flax does not shade the ground as much as cereal grains, weeds have an excellent chance to develop. Some weeds like wild buckwheat and red root pigweed are luxury users of nitrogen and will rob the flax crop of needed soil nutrients. Weeds not only compete with the growing flax crops to reduce yields, but also cause losses from dockage in flax seed shipments. Dockage amounts to thousands of dollars annually and is charged directly against marketing costs.
Delayed seeding of flax with tillage prior to seeding will control wild oat and reduce infestations of other early germinating weeds. However, delayed seeding generally reduces flax yields. Early maturing flax varieties should be used with late seeding. Weed control is needed at flax emergence to reduce yield losses, since flax is a poor competitor with weeds. PRE-emergence herbicides control weeds before emergence, which minimizes early weed competition and maximizes flax yields. POST herbicides applied soon after weed emergence to small weeds and flax usually give better control and allow more time for flax recovery from possible herbicide injury than applications to larger weeds and flax.
Registered herbicides on flax include: trifluralin, MCPA, Bromoxynil, Poast and sodium chlorate (Defol) as a pre-harvest desiccant.
Trifluralin at 1 to 2 pt/A or 10 to 20 LB 10 G/A may be fall applied for foxtail and broadleaf weed control on fields to be planted to flax. Granular formulations may be applied to standing stubble; use liquid or granular formulations when residue will not interfere with incorporation. Seed flax less than 1.5 inches deep into a moist seedbed.
Buctril at 1 pt/A on 2- to 8-inch flax controls wild buckwheat, volunteer sunflower and most broadleaf weeds. Some flax-leaf burn may occur at higher rates or if high temperatures follow application. Mixtures of Buctril plus MCPA may cause flax injury if applied during hot, humid conditions.
MCPA at 0.5 pt/A on 2- to 6-inch flax controls many broadleaf weeds. MCPA amine rates higher than 0.5 pt/A or MCPA ester should be used in flax for improved kochia and Russian thistle control.
Don't use 2,4-D in flax; it's not labeled and excessive injury will occur!
Poast at 10 to 30 fl. oz/A plus an oil additive will control annual and perennial grasses. It would be useful to control volunteer grains in flax. Poast + oil is less effective if the grasses are under drought stress. Poast must be applied 75 days or more before flax harvest. Poast + oil can be tank mixed with either bromoxynil at 1 pt/A alone or with MCPA ester at a 0.5 pt/A rate. Some leaf burn, retarded growth and delayed maturity can occur with the tank mixes. Also, reduced grass control can result.
Novel-trait herbicide-tolerant varieties could be seeded on up to 50% of canola acres this year, says Tony Zatylny, Vice President of Crop Production for the Canola Council. The industry is predicting 13 million acres of canola this year so that means 6.5 million acres could be in novel-trait herbicide-tolerant canola, he adds.
Last year there were 4.28 million acres of novel-trait canola with 0.60 million acres of Roundup-Ready (glyphosate tolerant), 1.68 million of Smart (imidazolonone tolerant Pursuit and Odyssey), and 2.00 million acres of Liberty Link (glufosinate ammonium tolerant).
Zatylny expects the acreage of novel-trait canola to steadily rise. In five years, he suspects 75% of canola acres will be in novel-trait varieties.
(From the Canola Council of Canada, March 1998, Canola Digest Newsletter)
The EPA is drafting a consumer brochure to increase public awareness about pesticides and food (shown at right). When completed, the brochure, which is required by the new Food Quality Protection Act, will be distributed in grocery stores and updated annually. EPA is developing this document in consultation with the public, the Food and Drug Administration, and the Department of Agriculture. To date, strongly negative comments have come from both the crop protection industry and environmental groups. The controversy surrounding the language of the brochure has been reported widely in the Washington Post and the Wall Street Journal.
This brochure has the potential to cast a chilling effect upon consumer attitudes toward pesticides. Most people are not enthusiastic about purchasing products which contain substances they perceive to be bad for them. Therefore, this could be a much bigger issue than even the controversy over the labeling of foods for fats and cholesterol was.
The draft brochure is available on the Internet at:
http://www.epa.gov/fedrgstr
or
http://www.epa.gov/oppfead1/cb/csb_page/Brochure/index.htm
The North Dakota Pesticide Control Board (PCB) has approved up to $75,700 for a project to test the herbicide Authority in sunflower fields. The PCB also approved funds for two other projects involving the use of pesticides on minor crops. Commissioner of Agriculture Roger Johnson; Sharon Anderson, director of the North Dakota State University Extension Service, and Robert Todd, director of the NDSU Experiment Station, make up the PCB.
The National Sunflower Association requested the study, saying that sunflower producers who utilize no-till and minimum-till cultivation need protection from broadleaf weeds. The study will include testing of pesticide residues at several sites. Data collected through the study will be used to obtain federal registration of Authority on sunflowers. FMC, the manufacturer of Authority, will contribute $150,000 to the study, while the sunflower association will contribute $18,000.
In other action the PCB approved $15,000 for a study to evaluate the efficacy of the fungicides Benlate, Topsin M and Quadris on the disease white mold in canola. Pesticide manufacturer Zeneca Agro is contributing $5,000 to the study. They also awarded $8,000 to the NSDU Research Extension Center at Carrington to establish weed control trials on two new oilseeds borage and camelina. The test plots will be treated with selected herbicides and combinations that have already proven effective in Canada and the United Kingdom. Scientific data from the test plots will be used to advance federal registration of herbicides for these oilseeds.
The Minor Use Pesticide Fund was created by the 1997 Legislature to assist producers in obtaining and maintaining federal registration of pesticides for minor crop uses in North Dakota. A minor use is defined as a pesticide use that is so limited in volume that the cost of obtaining the registration is greater than the expected return to the manufacturer.
Laws Governing the Use and Impact of Agricultural Chemicals: An Overview
1995, University of Florida Cooperative Extension Service Bulletin 311
Almost all aerial applicators of agricultural chemicals in the United States are independent contractors hired by farmers to treat their fields. This raises the issue of whether farmers should be liable for damages caused by an independent applicator. The general rule is that a person is not liable for the torts of an independent contractor. However, many states have held that because aerial spraying of pesticides involves a heavy risk that damage to others may result, a farmer may not escape liability simply by having the work done by an independent contractor. Thus, in 1976 in Boroughs v. Joiner, the Alabama Supreme Court ruled that a farmer who hired an aerial applicator to spray his crops with Endrin was liable for the resulting pollution of a nearby fish pond.
As the court in Boroughs points out, however, a farmer is generally not strictly liable for damage caused by the aerial spraying of his property by an independent contractor: "The test is one of reasonableness. Liability...is imposed on the contractor for failure to exercise due care." Thus, while the applicator is liable for his own negligence, the farmer also has a duty to take steps to ensure that third parties are not harmed by the operation. Therefore, to reduce exposure to liability, a farmer should take precautions, such as warning the applicator of nearby crops, farm ponds, or livestock that could be damaged by the chemical being applied, giving notice of intent to spray to all neighbors, supervising the spraying operation to ensure that all application instructions on the label are followed closely, and inspecting the applicator's equipment. Conversely, an applicator who fails to heed the instructions of the farmer who hired the applicator may lose the opportunity to hold the farmer jointly liable.
A different case is presented in those jurisdictions that have held aerial application of agricultural chemicals to be an activity subject to strict liability. Because negligence is not necessary to impose liability, the question arises as to which of two non-negligent actors should pay. In Loe v. Lenhardt, the Oregon Supreme Court placed the burden on the landowner. The court noted that it was the farmer who made the decision to apply pesticides by air, and thus it was the farmer who was responsible for exposing his neighbors to the risk posed by an extra hazardous activity. This fact rendered the risk, in the court's words, "non-delegable."
Because the farmer may be held liable for the torts of the applicator, the farmer should choose the applicator carefully. Farmers should carry liability insurance to cover potential damage or ensure that the applicator has a policy that will indemnify the farmer for damages caused.
Farmers and ranchers with unusable pesticides are urged to get rid of them free of charge at the Project Safe Send collections to be scheduled across the state during July. Conducted by the North Dakota Department of Agriculture, Project Safe Send is open to anyone with unusable or banned pesticides, such as DDT, mercury seed treatments, arsenic, chlordane, and Paris green.
This is a perfect opportunity to get rid of old pesticides. All you have to do is bring your waste pesticides to the collection site during the collection. It's simple, quick, free and there is no registration required.
In the past six years, almost 550,000 pounds of waste pesticides have been collected from nearly 2,000 participants through Project Safe Send. The chemicals are shipped out of state; most are destroyed in special incinerators.
Project Safe Send is funded through the fees pesticide manufacturers pay to register their products in the state.
Mark your calendar, watch for further announcements, and for more information contact Judy Carlson, the North Dakota Department of Agriculture Project Safe Send Manager, at (701) 328-4997.
Volume 16, No. 2, April 1998
NDSU Extension Service, North Dakota
State University of Agriculture and Applied Science, and U.S.
Department of Agriculture cooperating. Sharon D. Anderson,
Director, Fargo, North Dakota. Distributed in furtherance of the
Acts of Congress of May 8 and June 30, 1914. We offer our
programs and facilities to all persons regardless of race, color,
national origin, religion, sex, disability, age, Vietnam era
veterans status, or sexual orientation; and are an equal
opportunity employer.
This publication will be made available in alternative format for
persons with disabilities upon request 701/231-7881.
North Dakota State University
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