# FORMULA 40 - EPA Reg No: **228-357** - Registrant: NUFARM AMERICAS, INC. - Signal word: Danger - Active ingredients: 2,4-D, dimethylamine salt (21.97%); 2,4-D, triisopropanolamine salt (34.05%) - Label accepted: 2013-02-26 - Source PDF: https://www3.epa.gov/pesticides/chem_search/ppls/000228-00357-20130226.pdf --- UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 OFFICE OF CHEMICAL SAFETY AND POLLUTION PREVENTION Nufarm Americas Inc. Matthew Granahan 150 Harvester Drive CL rrq •? Suite 200 *»- l"tB Z Burr Ridge, IL 60527 Subject: Label Notification per PRN 98-10 and PRN 2007-4 Product Name: Formula 40 EPA Reg. No. 228-357 Application Dated: December 10, 2012 Dear Mr. Granahan, The Agency is in receipt of your application for Pesticide Notification under Pesticide Registration Notice (PRN) 98-10 and PRN 2007-4 for Formula 40 (EPA Reg. No. 228-357) dated December 10, 2012. The Registration Division (RD) has conducted a review of this request for its applicability under PRN 98-10 and PRN 2007-4 and finds that the action requested falls within the scope of PRN 98-10 and PRN 2007-4. The label submitted with the application has been stamped "Notification" and will be placed in our records. If you have any questions, please contact Emily Hartman of my staff at (703) 347-0189 or hartman. emily@epa. go v. Sincerely, ger 23._, „ V. Montague, Product ^•^ Herbicide Division Registration Division Office of Pesticide Programs f zfiS "Mease read instructions on reverse before complevng form. Form Approved. OMB No. 2070-0060 United States Environmental Protection Agency Washington, DC 20460 X Registration Amendment Other OPP Identifier Number Application for Pesticide - Section 1 1. Company/Product Number 228-357 4. Company/Product {Name} Formula 40 2. EPA Product Manager Kathryn Montague PM* 23 3. Proposed Classification X JNona Restricted 5. Name and Address of Applicant {include ZIP Code} Nufarm Americas Inc. 150 Harvester Drive, Suite 200 Burr RidcjeJL 60527 Check if lA/S is a naw address 6. Expedited Reveiw. In accordance with F1FRA Section 3{cM3) !b)(ii, my product is similartoivMentg^i^ntmm^^iticn and labeling to: EPA Reg. No. .-.^ T Product Name D Section - ii Amendment - Explain below. Resubmission.in response to Agency letter dated. Notification - Explain below. Final printed labels in repsonsa to Agency letter dated "Me Too* Application. Other - Explain below. Explanation: Use additional page(s) if necessary. {For section I and Section II.) Notification of label change per PR Notice 2007-4 and PR Notice 1998-10. This notification is consistent with the guidance in PR Notice 2007-4 and PR Notice 1998-10 and the requirements of EPA's regulations at 40 CFR §§ 156.10, 156.140, 156.144, 156.146, 156.156 and 152.46. 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 PR Notice 1998-10 and 40 CFR §§ 156.10, 156.140, 156.144, 156.146, 156.156 and 152.46, this product may be in violation of FIFRAand I may be subject to enforcement action and penalties under sections 12 and 14 of FIFRA. Section - II) 1. Material Tfii* Product Wilt Be Packaged In: Child-Resistant Packaging ] Yes XJ No, * * Certification must be submitted Unit Packaging Yes No If "Yes* No. per Unit Packaging wgt. container Water Soluble Packaging No If "Yes" Package No. per container 2. Type of Container Metal Plastic Glass Paper Other (Specify) 3. location of Net Contents Information x Label r I Container 4. Sizejsj Retafl Container 1, 2.5, 5, 30, 55, 250, 265 Gallon, Bulk 5. Location of Label Directions 6, Maim*? in Which Label is Affixed to Product Lithograph Paper gluedStenciled ( I Other Section - IV c c c c c c 1. Contact Point IComp/ate Hems directly betow for idantification of individual to bo contacted, ffnscossary, to process Name Matthew Granahan Title Regulatory Manager Telephone No. (Include Ares Code) Certification I certify that the; statements I have made on this form end all attachments thereto we trae, accurate and complete.1- c I acknowledge that any knowlinglly false or misleading statement may be punishable by fine or imprisonment &•<- c c L both under applicable Jaw. c <_ <. c <- 2. Signature 4. Typed Name Matthew Granahan matthew.granahan@us.nufarm.com 3,TitJe Regulatory Manager 5. Date 12/10/2012 6. Date Application «Hv«d t c {Stamped} ' EPA Form 857O-1 Pay. 3-94} Previous editions are obsolete. Whfte - EPA F3« Copy jorigindS YeBow - Appicarrt Copy Nufarm Americas Inc. 15° Harvester Drive. Suite 20°Burr Ridge, IL 60527 Telephone: (630) 455.2000 Facsimile: (630) 455.2001 www.us.nufarm.com December 10, 2012 Kathryn Montague (PM-23) U. S. Environmental Protection Agency (7504P) Document Processing Desk (NOTIF) Room S4900, One Potomac Yard 2777 S. Crystal Drive Arlington, VA 22202 Subject: Formula 40 EPA Reg. No. 228-357 Label Notification per PR N 07-04 & 98-10 Dear Ms. Montague Nufarm Americas Inc. would like to add language and modify language to the label for Formula 40 (EPA Reg. No. 228-357) registration. Per PR Notice 2007-04 we have updated the Storage and Disposal of this label. Per PR Notice 1988-10 we have added text to allow for multiple container sizes and configurations. Additionally per PR Notice 1998-10 we have corrected the Maximum Use Rate for Strawberries - this use rate was correctly found at 1-1/2 quarts per acre on page 5 of the table, but later in the label this rate incorrectly was stated to be 1-1/2 pints per acre. Since this submission is being undertaken a non-PRIA guided action no payment has been rendered for this review. To process this request please find enclosed the following: • Application for Pesticide Registration EPA form 8570-1 • Label Certification Statement • Revised labeling - highlighted (1 copy) • Revised labeling - clean (1 copy) • CD with Clean version of the Revised, Proposed Label If you should have any questions regarding this matter, please feel free to contact at matthew.granahan@us.nufarm.com or at (630) 455-2048. Sincen c c ccc c c o <- t, C C C C C ^Matthew Granahan ' c <. c Regulatory Manager Ci[L\ Nufarm Americas Inc. tt<.nl c t(ts FORMULA 40A SELECTIVE HERBICIDE FEB 2 6 FOR THE CONTROL OF MANY BROADLEAF WEEDS IN NON-CROP AREAS, GRASS PASTURES, RANGELANDS AND IN CERTAIN CROPS. ALSO FOR CONTROL OF TREES BY INJECTION. ACTIVE INGREDIENTS: Triisopropanolamine Salt of 2,4-Dichlorophenoxyacetic Acid* 34.05% Dimethylamine Salt of 2,4-Dichlorophenoxyacetic Acid* 21.97% OTHERINGREDIENTS: 43.98% TOTAL: 100.00% By Isomer Specific AOAC Method, Equivalent to: *2,4-Dichlorophenoxyacetic Acid 36.5%, 3.67 Ibs./gal. KEEP OUT OF REACH OF CHILDREN DANGER / PELIGRO Si usted no entiende la etiqueta, busque a alguien para que se la explique a usted en detalle. (If you do not understand the label, find someone to explain it to you in detail.) SEE INSIDE BOOKLET FOR FIRST AID AND ADDITIONAL PRECAUTIONARY STATEMENTS For Chemical Spill, Leak, Fire, or Exposure, Call CHEMTREC (800) 424-9300 For Medical Emergencies Only, Call (877) 325-1840 EPA REG. NO. 228-357 EPA EST. NO. Manufactured For NUFARM AMERICAS INC. 150 Harvester Drive Burr Ridge, IL 60527 ^f ^^ NufamtC (. C C t, C L I. I NET CONTENTS GAL. (_ .Liters) [Designation as "NONREFILLABLE" or "REFILLABLE" for containers > 5 GAL] 000228-00357.20121210.EPA Notification r c 5 PRECAUTIONARY STATEMENTS HAZARDS TO HUMANS AND DOMESTIC ANIMALS DANGER / PELIGRO Corrosive. Causes irreversible eye damage. May be fatal if absorbed through skin. Harmful if swallowed. Do not get in eyes, on skin or clothing. Prolonged or frequently repeated skin contact may cause allergic reactions in some individuals. PERSONAL PROTECTIVE EQUIPMENT (PPE): Some materials that are chemical-resistant to this product are barrier laminate, butyl rubber, nitrile rubber or viton. If you want more options, follow the instructions for category A on an EPA chemical-resistance category selection chart. All mixers, loaders, applicators, flaggers, and other handlers must wear: • long-sleeved shirt and long pants, • shoes and socks, plus • chemical-resistant gloves • chemical-resistant apron when applying postharvest dips or sprays to citrus, mixing or loading, cleaning up spills or equipment, or otherwise exposed to the concentrate. • protective eyewear. Follow manufacturer's instructions for cleaning/maintaining PPE. If no such instructions for washables exist, use detergent and hot water. Keep and wash PPE separately from other laundry. See engineering controls for additional requirements. Engineering Control Statements: When handlers use closed systems, enclosed cabs, or aircraft in a manner that meets the requirements listed in the Worker Protection Standard (WPS) for agricultural pesticides (40 CFR 170.240 (d)(4-6), the handler PPE requirements may be reduced or modified as specified in the WPS. Pilots must use an enclosed cockpit that meets the requirements listed in the WPS for agricultural pesticides [40 CFR 1 70.240(d)(6)]. USER SAFETY RECOMMENDATIONS Users Should: • Wash hands before eating, drinking, chewing gum, using tobacco, or using the toilet. • Remove clothing/PPE immediately if pesticide gets inside. Then wash thoroughly and put on clean clothing. If pesticide gets on skin, wash immediately with soap and water. • Remove PPE immediately after handling this product. Wash the outside of gloves before removing. As soon as possible, wash thoroughly and change into clean clothing. FIRST AID IF IN EYES IF SWALLOWED IF ON SKIN OR CLOTHING IF INHALED • Hold eye open and rinse slowly and gently with water for 1 5 to 20 minutes. • Remove contact lenses, if present, after the first 5 minutes, then continue rinsing eye. • Call a poison control center or doctor for treatment advice. • Call a poison control center or doctor immediately for treatment advice. • Have person sip a glass of water if able to swallow. • Do not induce vomiting unless told to do so by the poison control center or doctor. • Do not give anything by mouth to an unconscious person. • Take off contaminated clothing. • Rinse skin immediately with plenty of water for 15 to 20 minutes. • Call a poison control center or doctor for treatment advice. • Move person to fresh air. • If person is not breathing, call 91 1 or an ambulance, then give artificial respiration, preferably mouth-to- mouth if possible. • Call a poison control center or doctor for further treatment advice. ,, c t C c C C C HOT LINE NUMBER Have the product container or label with you when calling a poison control center or doctor, or going for treatment. [ c t < You may also contact 1-877-325-1840 for emergency medical treatment information. L NOTE TO PHYSICIAN c ° c " ' Probable mucosal damage may contraindicate the use of gastric lavage. c <. J. t 0 c [ r C 4('s ENVIRONMENTAL HAZARDS This pesticide may be toxic to fish and aquatic invertebrates. Do not apply directly to water, 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 water adjacent to treated areas. Do not contaminate water when disposing of equipment wash waters or rinsate. This chemical has properties and characteristics associated with chemicals detected in groundwater. The use of this chemical in areas where soils are permeable, particularly where the water table is shallow, may result in groundwater contamination. Application around a cistern or well may result in contamination of drinking water or groundwater. DIRECTIONS FOR USE It is a violation of Federal law to use this product in a manner inconsistent with its labeling. READ ENTIRE LABEL BEFORE USING THIS PRODUCT. USE STRICTLY IN ACCORDANCE WITH LABEL PRECAUTIONARY STATEMENTS AND DIRECTIONS. 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. 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 (PPE) and restricted-entry interval. 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) of 48 hours. 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: coveralls, chemical-resistant gloves made of any waterproof material, shoes plus socks and protective eyewear. NON-AGRICULTURAL USE REQUIREMENTS The requirements in this box apply to uses of this product that are NOT within the scope of the Worker Protection Standard for agricultural pesticides (40 CFR Part 170). The WPS applies when this product is used to produce agricultural plants on farms, forests, nurseries, or green houses. Do not enter or allow people (or pets) to enter the treated area until sprays have dried. 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. GENERAL INFORMATION Formula 40° Herbicide is intended for selective control of many broadleaf weeds in non-crop areas, grass pastures, rangelands and in certain crops. It may also be applied by injection to control trees. Use of this product in certain portions of California, Oregon, and Washington is subject to the January 22, 2004 Order for injunctive relief in Washington Toxics Coalition, et. al. v. EP. C01 -01 32C, (W.D. WA). For further information, please refer to http://www.epa.aov/espp/. USE PRECAUTIONS Avoid contact with 2,4-D susceptible crops and other desirable broadleaf plants: Do not apply directly to or otherwise permit even minute amounts to contact cotton, grapes, tobacco, fruit trees, vegetables, flowers, ornamentals or other desirable plants susceptible to 2,4-D. Do not use in or near a greenhouse. Be sure that use of this product conforms to all application regulations. Chemigation: Do not apply this product through any type of irrigation system. Crop Injury: Injury to crops may occur when this herbicide is used as approved elsewhere on this label. If you are not prepared to accept some degree of crop injury, do not use this product Crop varieties vary in response to 2,4-D and some are easily injwad.^iSb.iy Formula 40 only to varieties known to be tolerant to 2,4-D. If you are uncertain concerning tolerant varieties or local use situations that may affect crop tolerance to 2,4-D, consult your seed company, state agricultural extension service or qualified crop consu^tantcfor advice. £ c c t c SPRAY DRIFT MANAGEMENT _f ' c A variety of factors including weather conditions (e.g., wind direction, wind speed, temperature, relative fjumiBify,; and methodrof application (e.g., ground, aerial, airblast, chemigation) can influence pesticide drift. The applicator must evaluate all factors anr1 cTtal-c appropriate adjustments when applying this product. c. t c i- c c <- c c *- *" Droplet Size (tt- r LIMITATION OF LIABILITY TO THE EXTENT CONSISTENT WITH APPLICABLE LAW, MANUFACTURER OR SELLER SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR DAMAGES IN THEIR NATURE OF PENALTIES RELATING TO THE GOODS SOLD, INCLUDING USE, APPLICATION, HANDLING, AND DISPOSAL. TO THE EXTENT CONSISTENT WITH APPLICABLE LAW, MANUFACTURER OR SELLER SHALL NOT BE LIABLE TO BUYER OR USER BY WAY OF INDEMNIFICATION TO BUYER OR TO CUSTOMERS OF BUYER, IF ANY, OR FOR ANY DAMAGES OR SUMS OF MONEY, CLAIMS OR DEMANDS WHATSOEVER, RESULTING FROM OR BY REASON OF, OR RISING OUT OF THE MISUSE, OR FAILURE TO FOLLOW LABEL WARNINGS ORINSTRUCTIONS FOR USE, OF THE GOODS SOLD BY MANUFACTURER OR SELLER TO BUYER. ALL SUCH RISKS SHALL BE ASSUMED BY THE BUYER, USER, OR ITS CUSTOMERS. TO THE EXTENT CONSISTENT WTTH APPLICABLE LAW, BUYER'S OR USER'S EXCLUSIVE REMEDY, AND MANUFACTURER'S OR SELLER'S TOTAL LIABILITY SHALL BE FOR DAMAGES NOT EXCEEDING THE COST OF THE PRODUCT. If you do not agree with or do not accept any of the directions for use, the warranty disclaimers, or limitations on liability, do not use the product, and return it unopened to the Seller, and the purchase price will be refunded. (RV121012) Formula 40 is a Registered Trademark of Dow AgroSciences LLC I C >~ t. C c c r r (S LABEL HISTORY FILE NAME Formula 40 (228-357) EPA 110207 with comments 20100112 000228-00357.20 1 2 1 2 1 0. EPA Notification RV DATE RV011810 RV121012 COMMENTS RED FPL EPA Notification per 98-10 & 07-04 . (_, L t, C l- C L-