Volume 21, No. 4 OCTOBER 2003 

In this issue . . .

New labeling approved for aluminum phosphide fumigants
Tons of useless pesticides shipped out of state
Coordinator's Comments
North Dakota Section Exemption and Pesticide Registration Meeting Set 
New pesticide registrations through IR-4
2003-2004 Commercial Pesticide Certification Calendar
EPA issues Label Review Manual - Third Edition

New labeling approved for aluminum phosphide fumigants

Earlier this summer, Degesch America, the worlds largest manufacturer of aluminum phosphide fumigants, submitted for the tenth time a draft Applicator's Manual to EPA for their approval. The latest submission was accepted in early October. The final hurdle to be cleared was a Restricted Use Statement (RUS) that was acceptable to all parties. The agreed upon "RUS" is as follows:

For retail sale to Dealers and Certified Applicators only:

For use by Certified Applicators or persons under their direct supervision, and only for those uses covered by the Certified Applicator's certification. Refer to the directions in the applicator manual for requirements regarding the physical presence of a Certified Applicator.

Physical presence is defined in the Applicator's Manual thusly:

A Certified Applicator must be physically present, responsible for, and maintain visual and/or voice contact with all fumigation workers during the application of the fumigant. Once the application is complete and the structure has been made secure, the certified applicator does not need to be physically present at the site.

A Certified Applicator must be physically present, responsible for and maintain visual and/or voice contact with all fumigation workers during the initial opening of the fumigation structure for aeration. Once the aeration process is secured and monitoring has established that aeration can be completed safely, the certified applicator does not need to be physically present and trained person(s) can complete the process and remove the placards.

Persons with documented training in the handling of Phosphine products must be responsible for receiving, aerating and removal of placards from vehicles, which have been fumigated in transit. Refer to section 12 for training requirements.

New to the Applicator's Manual will be the following statement:

THIS PRODUCT MUST BE ACCOMPANIED BY AN APPROVED LABEL AND APPLICATOR'S MANUAL. READ AND UNDERSTAND THE ENTIRE LABELING AND APPLICATOR'S MANUAL. ALL PARTS OF THE LABELING AND APPLICATOR'S MANUAL ARE EQUALLY IMPORTANT FOR SAFE AND EFFECTIVE USE OF THESE PRODUCTS. CONSULT WITH YOUR STATE LEAD PESTICIDE REGULATORY AGENCY TO DETERMINE REGULATORY STATUS, REQUIREMENTS, AND RESTRICTIONS FOR FUMIGATION USE IN THAT STATE. CALL (540) 234-9281 or 1-800-330-2525 IF YOU HAVE ANY QUESTIONS OR DO NOT UNDERSTAND ANY PART OF THIS LABELING.

In addition to the aforementioned changes, there are sweeping new requirements for the development of a written "Fumigation Management Plan" or a pre-application safety review which must be completed by the applicator before the fumigant can be used.

Fumigant products containing this new labeling language should be on the market in the next six months. Information on the new language will be distributed through the Pesticide Quarterly newsletter and at trainings beginning in the new year.

Tons of useless pesticides shipped out of state

North Dakota residents disposed of more than 75 tons of unusable pesticides in the recent Project Safe Send collections.

"Although budget cuts forced the North Dakota Department of Agriculture (NDDA) to cut back on the number of collection sites this year, more than 450 people took advantage of this free program to dispose of potentially dangerous farm chemicals," said Agriculture Commissioner Roger Johnson.

Johnson said a total of 155,158 pounds of unusable pesticides were collected at nine sites in July, compared to 190,759 pounds at 16 sites in 2002.

"That works out to 17,239 pounds per site this year, compared to 11,922 pounds per site last year," he said. "I am confident that if we had been able to hold collections at 16 sites this year, we would have collected a significantly greater amount of chemicals, perhaps a record amount."

The 2003 Legislature reauthorized Project Safe Send but cut its funding in half. The program uses no taxpayer dollars and is funded through the fees pesticide manufacturers pay to register their products in the state.

Johnson said no decision has yet been made about a Project Safe Send collection in 2004 but NDDA is looking for additional funding to conduct the program next year.

The Hillsboro collection on July 15, was the largest in 2003 with 97 people bringing in 64,999 pounds of unusable pesticides. At Lidgerwood, 59 people brought in 22,844 pounds, and in Adams, 17,319 pounds were brought in by 62 people. Other collection sites included Belfield, Bowbells, Rugby, Carrington and Edgeley.

Onyx Environmental Services of Blaine, MN, collected the pesticides and transported them to Wisconsin where they will be bulk packaged and transported to federally-approved incinerators and disposal sites in other states.

Coordinator Comments

Certification funding and fee increases for 2004

Stable funding for all university and state programs has been under significant pressure over the past few of years
and the NDSU Pesticide Certification program is not immune to this. Until recently, federal grant support and certification fees have been sufficient to maintain and even advance the quality of the program. However the announced 43 percent reduction of USDA/EPA Pesticide Safety Education Program funding beginning Oct. 1, 2003 is a problem.

While the reduction will be difficult to absorb, we have been planning for it. We intend to offset these funds by:

• deferring major computer hardware upgrades for a year
• paring back hours for student employees
• raising commercial certification fees
• offering and charging for Certified Crop Advisor (CCA) accreditation at our commercial trainings

The essential elements of the plan were reviewed by the Pesticide Certification Advisory Committee which met July 30. (This is a group made up of industry representatives, extension personnel, and NDDA personnel.)

The Pesticide Certification Advisory Committee also explored dipping into the Pesticide Enforcement Fund rather than seeking a commercial fee increase. These are funds granted to the program on a quarterly basis from enforcement actions collected by the North Dakota Department of Agriculture. Typically these funds have been used for program enhancement. This was strongly rejected by industry members of the committee. They thought that using fines to fund the ongoing work of the certification program would set a terrible precedence and it would not be well received across the state.

The measures were formally approved on September 25th by the Pesticide Control Board (the governing body appointed by the legislature to administer pesticide laws, regulations, and policies). The actual commercial fee was officially increased from $53 to $65 beginning with the 2004 certification year.

Certified Crop Advisor credits now available (see the 2003-2004 Training Calendar for specific dates)

For several years, certified crop advisors have requested that we submit our agricultural related trainings for CCA accreditation. We have not done this since 1999 because we felt it was important that we focus on our primary mission, which is pesticide certification. The reduction in federal grant support for our program forced us to re-evaluate this.

As a result, certified pesticide applicators who also want CCA credits can now get them by paying $5 per credit over and above their typical commercial pesticide certification fee. Certified Crop Advisors who are attending our trainings only for CCA credits and not pesticide certification will be charged $10 per credit.

Our trainings in agricultural related categories have been approved by the North Dakota Certified Crop Advisor Board. The credit schedule approved includes:

• One day trainings—6 credits approved
- 1.5 credits in soil and water management
- 2.0 credits in pest management
- 2.5 credits in professional development

• One and a half day trainings —9 credits approved
- 2.5 credits in soil and water management
- 3.0 credits in pest management
- 3.5 credits in professional development

All the best,

Andrew A. Thostenson
Pesticide Program Specialist

North Dakota Section 18 Exemption and Pesticide Registration Meeting Set

The fourth annual North Dakota fall Section 18 exemption and pesticide registration meeting has been scheduled from 9:30 a.m. to 3 p.m. on Wednesday, Nov. 5, 2003. As in previous years, the meeting will take place in the Brynhild Haugland Room at the North Dakota State Capitol. This meeting is open to the general public, and all are invited that have an interest in FIFRA Section 18 emergency exemptions and pesticide registrations.

The primary purpose of this meeting is to:

1. Discuss the Section 18 exemptions from the year 2003 growing season. This usually includes discussions of product performance and the effectiveness of each exemption in controlling the target emergency pest problem.

2. Identify new or emerging pest problems in North Dakota or the region that may require a Section 18 exemption for the following growing season.

3. Prioritize and plan our Section 18 exemption requests for the 2004 growing season.

4. Discuss and update participants on recent and pending pesticide registration actions that will impact North Dakota agriculture.

Please see the attached tentative agenda. As in past years, a representative from EPA's Section 18 Team has been invited. Based on the positive feedback that I received on EPA participation in the past, I am hopeful that a representative will be able to attend to discuss Section 18 exemptions and pesticide policy issues from a national perspective. Donna Rise, my counterpart from the Montana Department of Agriculture, is also hoping to attend this year's meeting to gather ideas and determine the feasibility of establishing a similar meeting in Montana.

To ensure that commodity group representatives have ample opportunity to participate, this year's meeting will keep the same format as used last year. The goal is for NDDA staff and NDSU Extension personnel to listen more and talk less, and to provide growers with the opportunity to identify their pest management needs. Commodity groups are asked to bring their Section 18 "wish lists" for the 2004 growing season and be ready to discuss the effectiveness of the year 2003 exemptions in controlling the target emergency pest(s). Commodity group representatives are also asked to help meeting participants identify new and emerging pests. NDSU Extension personnel will be present to brief participants on their observations and to help facilitate these discussions.

We have also allocated time for pesticide industry representatives to brief participants on recent and pending pesticide registration actions that will impact North Dakota agriculture. These discussions may include recent or pending Section 3 registrations, permanent tolerances that may facilitate issuance of Special Local Needs (SLN) registrations, or other pertinent information. In many cases, these registration actions may preclude the need for a Section 18 exempt to address a pest in 2004.

Both overhead and LCD projectors will be available for meeting participants if they would like to use visual aids.
For scheduling purposes, I ask that all commodity group and industry representatives respond to me by Wednesday, Oct. 29, 2003, if you will be able to attend.

A list of those receiving a meeting notice can be found with the agenda. I apologize for any omissions. Please note that this is a public meeting and all interested parties are welcome to attend. Feel free to forward this meeting notice to anybody that has an interest in pesticide registrations and emergency exemptions.

I thank each of you for your participation in the fall meeting. To date, this meeting has been a big success, and the high rate of approval of our Section 18 exemption requests is directly linked to the planning that occurs each fall. I hope that this success story continues. Please contact me, Jim Gray, Pesticide Registration Coordinator at (701) 328-1505 with any questions or concerns you might have.

Fourth Annual Section 18 Exemption and Pesticide Registration Meeting Agenda

Wednesday, November 5, 2003 9:30 a.m. to 3:00 p.m.
Brynhild Haugland Room, North Dakota State Capitol Building, 600 E. Boulevard Avenue, Bismarck

9:30 Welcome, Introductions N.D. Agriculture Commissioner Roger Johnson

9:45 Section 18 exemption and 24(c) registration summary for 2003 season Jim Gray, NDDA - update on electronic label project, pesticide registration database

10:15 EPA Briefing - to be announced

11:00 Discussions of product performance under All Section 18 exemptions from 2003 season - input from commodity group representatives and NDSU Extension Service on effectiveness of exemptions in controlling target pest(s); alternatives for 2004

11:30 Lunch (on your own)

12:45 Grower input on new and emerging pests, Section 18 exemption requests for 2004 - Grower representatives will be given an opportunity to discuss potential emergency pest problems and present their exemption proposals for 2004.

1:45 Discussion of recent or imminent pesticide registration actions with a potential impact on N.D. - All pesticide industry representatives will be given an opportunity to give a short presentation on behalf of their respective companies

2:30 Discussion, wrap-up, Section 18 exemption priorities for 2004

3:00 Adjourn

New pesticide registrations through IR-4

Richard Zollinger, NDSU Extension Weed Specialist and North Dakota's Representative to EPA's IR-4 Working Group for Minor Use Pesticide Registrations

In mid-September, I attended the IR-4 Food Use Workshop during which new pesticide projects were prioritized. The objective was to decide which pesticide projects will go forward with residue trials and analysis, to support federal registration. The following is leading to EPA establishing tolerances.

Don Stubbs, Chief of the Herbicide Branch, EPA, reported on EPA action in work plan 2003 and anticipated action in 2004. No new herbicides were registered during 2003, but they hope to register the following before the year is over.

• Flufenpyr (Valent) - Controls velvetleaf and morning glory in corn, soybean, potato, and wheat. Has potential use in dry beans.

• Butafenacil (Syngenta) Rebin, Inspire - Cotton defoliant and controls grasses, broadleaf weeds and sedges with potential use on sugarbeet, wheat, barley, oat, and rye.

• Trifloxysulfuron (Syngenta) Enfield, Envoke - Controls some broadleaf weeds in citrus and turf.

I recently asked Don about registering a little known product called ET. The name was taken from the experimental number ET-751. The manufacturer and registrant is Nichino-America. ET was registered as a potato desiccant and will be sold and distributed by Nichino-America. NDSU Extension Weed Sciences has looked at this product for 5 to 6 years and did not find it better than diquat or Desicate II in potato desiccation. It also will be registered as a pre-plant burndown prior to corn, soybean, wheat, and used in chemical fallow. In discussing this with other researchers, ET appears to be INFERIOR to the new liquid form of Aim. Those who want to read a label should visit www.nichino.net .

New uses for registered herbicides include:

• Sethoxydim (Poast) on safflower and June berry.

• Sulfentrazone (Spartan) on potato, sunflower, mint, and turf. Other crops such as dry beans, dry pea, chickpea, lentil and flax will come later. Great news about future registrations — EPA has lowered the safety factor from 10X to 1X thus lowering the risk cup from overflowing to less than 1% full, this leaves room for many registrations in field crops and many vegetable uses.

• Glufosinate (Liberty) on herbicide resistant blueberry.

• Mesotrione (Callisto) on popcorn with future use on sweet corn.

• Imazamox (Raptor) on blueberry and June berry. Very encouraging news in that no imazamox tolerance is needed in any future crop because no residues are expected based on previous crop residue trials. So for future registrations only crop tolerance data are needed.

• s-metolachlor (Dual Magnum) on grass forage and hay and sugarbeet, tomato, sunflower. Spinach also but indemnification language still needs to be worked out.

• Dow announced a new active ingredient called penoxsulam (another in the Broadstrike, FirstRate series) for use in established grasses for control of grasses, broadleaf and sedge. Potential use in millet and sweet corn.

The following are EPA proposed 2004 work plan projects for herbicides:

• Mesosulfuron (Mesomaxx, Silverado?) Pending use on wheat and barley. Potential uses on rye and triticale.

• Propoxycarbazone (Olympus) POST grass and broadleaf weeds in the mustard family and also controls Bromus sp. Use on wheat, rye, and triticale.

• Amicarbazone (Arvesta - Dinamic) Ps II inhibitor. Soil preplant and preemergence with burndown activity. Active on broadleaf species.

• Flumioxazin (Valor) on mint, potato, and onion.

• s-metolachlor (Dual Magnum) on root and tuber crops.

• Carfentrazone (Aim) applied to row middles in berry, brassica, canola, and sunflower.

• Dimethenamid (Outlook) on bulb vegetables, sugarbeet, crambe, and potato.

• Quizalofop (Assure II) on sugarbeet, sunflower, flax, wheat and barley?

• Ethofumosate (Nortron) on dry bulb, carrots, and onions.

• Ethalfluralin (Sonalan) on potato.

Other herbicide tidbits:

Endangered species will become extremely important in future registrations and uses. Extensive comprehensive data will be required documenting "no impact."

Pendimethalin (Prowl) has been on the EPA watch list inhibiting new uses but EPA anticipates removal from this status next year.

Lactofen (Cobra) also has been on the watch list but will be removed since the product has been reregistered and the new data show friendlier environmental impacts.

Imazapyr (Arsenal) will be registered for aquatic uses.

Clethodim (Select) on safflower. Valent will analyze residue samples and could make the EPA 2005 work plan.

Glyphosate on safflower as a desiccant could also make the 2005 work plan.

Paraquat as a safflower desiccant could make the 2004 work plan.

Thifensulfuron (Harmony GT) on safflower could make the 2005 work plan.

Glyphosate as sunflower desiccant could make the 2006 work plan.

Tribenuron (Express) on Express resistant sunflower could make the 2005 work plan but NDSU plans are to submit for 2005 Section 18 and the emergency condition would be Canada thistle. The deciding factor will be if Pioneer/Dupont will have enough seed available.

I found a listing about a product called propyzamide (Rapsol) from Sumitomo (Parent company of Valent) which controls annual grasses and broadleaf weeds in canola, pea, soybean, and sunflower. No other information was available.

Dow announced a product called cyhalofop which apparently is a POST grass product for use in oat.

BASF needs crop tolerance data on garbanzo beans to add this to the label.

Herbicide actions at the prioritization meeting:

IR-4 has funds to conduct only 15 herbicide, 15 insecticide, and 15 fungicide projects annually. To appreciate the magnitude of requests, over 250 herbicides projects were prioritized as A, B, or C category. Only those projects prioritized as "A" will have tolerances established through IR-4 residue trials.

Flumioxazin (Valor) for dry bean desiccation was accepted as an IR-4 project. It is anticipated that it will be funded by the North Dakota Department of Agriculture Minor Use fund and Valent will analyze the processing samples. Residue trials will be done in 2004.

Flufenacet (Define) on sweet corn was given an "A" priority which means IR-4 will conduct all residue trials in 2004.

Foramsulfuron (Option) on sweet corn also was given an "A" priority.

2,4-DB on lentil was almost given an "A" priority but was given a "B" rating because of registrant (Nufarm) issues.

Thifensulfuron (Harmony GT) on flax. IR-4 has received all studies and has been submitted to EPA for review and registration.

Thifensulfuron (Harmony GT) on safflower. IR-4 has been waiting on a report which was finally received so the petition will be written and submitted to EPA for review and registration.

Glyphosate on mustard for seed. Last year I asked IR-4 to work with Monsanto and petition EPA to use Canadian data on glyphosate residues in canola to cover mustard. It did not get done. Using my limited tact and sometimes offensive people skills, I secured commitments from bothIR-4 and Monsanto to get this done.

Clethodim (Select) on safflower. IR-4 has been waiting on a report from California; after it is received, the petition will be written and submitted to EPA for review and registration.

Glyphosate on oat for pre-harvest desiccation. IR-4 will try to get a regional upgrade within the North Central region.

Insecticide news:

As far as new insecticide projects, there were many. One that seemed to attract attention was BAS 320 — a semicarbozone chemistry with no cross-resistance — that controls most chewing insects. It has a strong potential for a reduced risk pesticide status with uses on fruit and leaf vegetables, brassica crops, and potatoes.

Zeta-cypermethrin on barley - Appears some high residues were detected preventing bridging barley and wheat and from becoming a high priority. I talked to the company representative and he is going to handle this internally within FMC which will try to advance toward registration.

Thiomethoxam on mustard seed _ Mustard seed will fall under canola grouping and will be included when IR-4 submits then entire thiomethoxam package to EPA in a couple of weeks.

Primiphos as a sunflower seed treatment. Residue trials are currently being conducted.

Cyfluthrin on flax for grasshoppers was not given a high priority at the workshop but I will try to get a regional upgrade in a couple of weeks.

Progress in fungicides:

Zoxamide on potato is a two-year project and it is progressing.

Azoxystrobin on beans was labeled in June, 2003.

Boscalid on beans - MFG is conducting residue study but needs performance data to support registration. IR-4 did efficacy trials in 2001.

Cyprodinil+Fludioxonil on beans- Potential for EPA work plan in 2004.

Fluazinam on beans - Potential for EPA work plan in 2006.

Pyraclostrobin on beans - Potential for EPA work plan in 2006.

Many (13) projects underway on blueberry which could cover June berry.

Azoxystrobin on safflower - Potential for EPA work plan in 2005.

Fenamidone on sunflower - Potential for EPA work plan in 2005.

Thiophanate on sunflower - Potential for EPA work plan in 2005.

Zoxamide on sunflower - Potential for EPA work plan in 2005.

PCNB on potato was not supported by workshop attendees. IR-4 is hesitant to give support until it goes through RED at EPA.

Zoxamide on potato - "A" priority. Wide U.S. support for this project so residue trials will be conducted next year.

Pyraclostrobin on dry bean and pea - residues studies have been completed and the manufacturer is progressing toward registration. Workshop attendees asked that succulent pea to be included as well.

I submitted an request form for trifloxystrobin on oat. Bayer said they will use Canadian data to bridge with theirs, go forward with the barley data, and to also include oat.

Trifloxystrobin + propiconazole on barley will be done using Canadian data. This is kind of a test case in using Canadian data for U.S. registrations.

A new proposal was made for pyraclostrobin (Headline) in barley to reduce the PHI to 14 days. It was made an "A" IR-4 workshop project and some funding may come from Coors. BASF will support uses for molds and rust, but NOT scab because this chemistry class raises vomitoxin levels.

2003-2004 Commercial Pesticide Certification Calendar

Here are schedules you can use for planning your training needs over the next several months.

Pre-registration is not required for most trainings*. However, I encourage you to pre-register and receive a $10 discount. A Training Registration/Non-Training Study Material Form is included in this issue of the PQ. Pre-registration forms must be postmarked 15 days prior to the training date to receive the discount. Online pre-registration is available on the Web through our secure server. Electronic pre-registration forms can also be found there for downloading and printing at www.ndsupesticide.org .

Initial trainings are designed for new applicators or dealers needing to prepare to take certification exams. Recertification trainings are structured to give currently certified applicators the information necessary to maintain or renew their certificates. Non-training home study materials are available for those categories that are not available on the training calendar.

Please note the EXAM DAYS the NDSU Extension Pesticide Program state office is offering in the upcoming training season. Commercial exams will be administered for all categories.

AgPest, Right of Way, Seed Treatment, and Research & Demonstration Categories
 

Fumigation Category

Greenhouse, and Ornamental & Turf Categories

Home, Industrial & Institutional, and Public Health Categories

Right of Way Category ONLY

Public Health ONLY

Mosquito Control Interactive Video* training the week of May 24. Specific date and locations will be announced in a future issue of the Pesticide Quarterly newsletter.

Exam Days

* Interactive Video — Pre-registration is REQUIRED. Room sizes are limited. Pre-register early to reserve your seat.

** To Be Announced in a future issue of the Pesticide Quarterly newsletter.

These trainings have been approved for Certified Crop Advisor Credits (CCA)

EPA issues Label Review Manual - Third Edition

While the purpose of EPA's Label Review Manual (LRM) is ostensibly targeted for people who develop and approve pesticide labels, it also is instructive for those who simply want to know more about the labeling process. The third edition, published in electronic format means that this information is
now being made available to the masses.

EPA considers the LRM as a tool for understanding the pesticide labeling process. If you notice errors in or ways to improve the LRM, please contact the Office of Pesticide Programs at 703- 308-9068. EPA considers the document to be an instructional aid that does not establish new guidance, but instead compiles current interpretations of statutory and regulatory provisions and reiterates current policies. This tool also is useful in understanding approaches for how labels should generally be drafted. As always, EPA will consider each label on its own merits and will consider deviations from labeling the policy under the appropriate provisions of FIFRA and its implementing regulations.

The chapter outline of the LRM is listed below:

1. Purpose of Manual
2. What is a Pesticide?
3. General Labeling Requirements
4. Types of Label Review
5. Ingredient Statement
6. Use Classification
7. Precautionary Labeling
8. Environmental Hazards
9. Physical or Chemical Hazards
10. Worker Protection Labeling
11. Directions for Use
12. Labeling Claims
13. Storage and Disposal
14. Identification Numbers
15. Company Name and Address
16. Graphic & Symbols on Labels
17. Content/Net Weight Statement
18. Unique Product Labeling
19. The Consumer Labeling Initiative and Pesticide Labels

The LRM is available for download in Adobe Acrobat format from the following EPA URL: www.epa.gov/oppfead1/labeling/lrm  

Need help with pesticide certification or general pesticide use issues? Contact:
 

Pesticide Quarterly, Volume 21, No. 4, October 2003

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.

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