crop-chem-docs/corpus/epa_ppls/264-1120.md

PENRED 240FS

• EPA Reg No: 264-1120
• Registrant: BAYER CROPSCIENCE, LLC
• Signal word: Caution
• Active ingredients: Penflufen (22.4%)
• Label accepted: 2012-05-11
• Source PDF: https://www3.epa.gov/pesticides/chem_search/ppls/000264-01120-20120511.pdf

---

05 r U S ENVIRONMENTAL PROTECTION AGENCY Office of Pesticide Programs Registration Division (7505C) 1200 Pennsylvania Ave NW Washington DC 20460 NOTICE OF PESTICIDE X Registration Reregistration(under FIFRA as amended) EPA Reg Number 264 1120 Date of Issuance MAY 1 1 2012 Term of Issuance Unconditional Name of Pesticide Product PENRED 240FS Name and Address of Registrant (include ZIP Code) Bayer CropScience LP 2 T W Alexander Drive P O Box 12014 Research Triangle Park NC 27709 On the basis of information furnished by the registrant the above named pesticide is hereby registered under the Federal Insecticide Fungicide and Rodenticide Act Registration is in no way to be construed as an endorsement or recommendation of this product by the Agency In order to protect health and the environment the Administrator on his motion may at any time suspend or cancel the registration of a pesticide in accordance with the Act The acceptance of any name in connection with the registration of a product under this Act is not to be construed as giving the registrant a right to exclusive use of the name or to its use if it has been covered by others This product is unconditionally registered m accordance with FIFRA section 3(c)(5) provided that you 1 Submit and/or cite all data required for registration/registration review of your product when the Agency requires all registrant of similar products to submit such data 2 Make the following label changes before you release the product for shipment a Revise the EPA Reg No so it reads EPA Reg No 264 1120 b In the On Farm Seed Piece Application table under Directions revise the first sentence to read as follows Apply specified dosage as a diluted spray slurry using equipment that ensures uniform coverage of each seed piece c For clarity and consistency in the Commercial Seed Treatment table m the Application Rates column insert the information to deliver xx mg ai/seed for alfalfa cotton cereal grains corn and sorghum sunflower and safflower and rice For oilseeds add the information to deliver xx g ai/100 Ibs seed d On page 6 of the label for clarity and consistency based on the BEAD memo from 3/24/11 revise footnote #2 to read Based on 4 500 cottonseed per pound e On page 7 of the label for clarity and consistency m footnote #3 adjust seed per pound to reflect each corn variety (e g popcorn sweet and field) based on the BEAD memo of 3/24/11 f Add the batch code information Please be reminded that the 40 CFR part 156 140(a)(4)

r r Z/cZ. requires a batch code lot number or other code identifying the batch of the pesticide product distributed and sold be placed on non refillable containers The code may appear either on the label or durably marked on the container itself 3 For future submissions make the following changes to your Confidential Statement of Formula (EPA Form 8570 4) a Box 4 Revise the EPA Reg No so it reads EPA Reg No 264 1120 4 Submit 2 copies of your final printed label before release for shipment Signature of Approving Offic^l Mark Corbin Acting Branch Chief Insecticide Rodenticide Branch Registration Division (7505P) Date MAY 1 1 2012 EPA Form 8570 6 If these conditions are not complied with the registration will be subject to cancellation in accordance with FIFRA section 6(e) Your release for shipment of the product constitutes acceptance of these conditions A stamped copy of the label is enclosed for your records If you have any questions please contact Marianne Lewis at 703 308 8043 or lewis mananne@epa gov Mark Corbm Acting Branch Chief Insecticide Rodenticide Branch Registration Division (7505P) Enclosure Page 2 of 2

f PENRED 240FSFor use as a fungicide for protection against listed soilborne seedborne and post emergence diseases for listed crop plants ACTIVE INGREDIENT Penflufen OTHER INGREDIENTS Contains 2 Ib ai penflufen/gallon (240 gram ai penflufen/hter) 22 4% TOTAL 10000/ EPA Reg No 264 XXXX EPA Est KEEP OUT OF REACH OF CHILDREN CAUTION For MEDICAL And TRANSPORTATION Emergencies ONLY Call 24 Hours A Day 1 800 334 7577 For PRODUCT USE Information Call 1 866 99BAYER (1 866 992 2937) FIRST AID IF SWALLOWED IF ON SKIN IF INHALED Call a poison control center or doctor immediately for treatment advice Have person sip a glass of water if able to swallow Do not induct vomiting unless told to by a 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 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 ambulance then give artificial respiration preferably mouth to mouth if possible Call a poison control center or doctor for further treatment advice In case of emergency call toll free the Bayer CropScience Emergency Response Telephone No 1 800 334 7577 Have a product container or label with you when calling a poison control center or doctor or going for treatment PRECAUTIONARY STATEMENTS CAUTION HAZARDS TO HUMANS AND DOMESTIC ANIMALS Harmful if swallowed Harmful if absorbed through skin Harmful if inhai_prj breathing spray mist {-n /~i i "LUnder the Fungicide and ftxtaoMcMl & as janendad, for Registered uodet, o L eyes or clothing Avoid

PERSONAL PROTECTIVE EQUIPMENT (PPE) Some materials that are chemical resistant to this product are barrier laminate butyl rubber nitrile rubber neoprene rubber polyvmyl chloride or viton If you want more options follow the instructions for category C on an EPA chemical resistance category selection chart All mixers loaders applicators and other handlers must wear long sleeved shirt and long pants socks plus shoes chemical resistant gloves except when bagging or sewing bags of treated seeds Follow manufacturers 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 USER SAFETY RECOMMENDATIONS Wash hands before eating drinking chewing gum using tobacco or using the toilet Remove clothmg/PPE immediately if pesticide gets inside Then wash thoroughly and put on clean clothing 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 ENVIRONMENTAL HAZARDS This pesticide is toxic to fish Do not apply directly to water or to areas where surface water is present or to mtertidal areas below the mean high water mark Runoff may be hazardous to aquatic organisms in water adjacent to treated areas Do not contaminate water when disposing of equipment washwater or nnsate Treated seed exposed on soil surface may be hazardous to wildlife Cover or collect seed spilled during loading DIRECTIONS FOR USEIt is a violation of Federal law to use this product m a manner inconsistent with its labeling For use only in commercial seed treatment equipment Not for use in hopper box planter box slurry box or other on farm seed treatment applications except for potato seed pieces The Agricultural Use Requirements statements below are specific to the potato seed piece and in furrow use 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 12 hours 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 PPE required for early reentry 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 and shoes plus socks

ON FARM SEED PIECE APPLICATION CROP DISEASE APPLICATION RATE DIRECTIONS Potato Black scurf stem & stolon canker caused by seedborne and soilborne (suppression) Rhizoctonia so/an/ Silver scurf caused by seedborne Helminthosponum so/an/ (suppression) Apply 0 13 fl oz per 100 IDS of seed pieces (2g ai per 100 kg seed) Maximum number of application per year is 3 For disease control good coverage of the seed piece is required Apply specified dosage as a diluted spray using equipment that ensures uniform coverage of each seed piece Do not apply more than 2 5 fl oz of slurry /100 Ibs of seed pieces Apply only in areas with adequate ventilation or in areas that are equipped to remove spray mist or dust As part of the seed cutting and treating process application of an inert absorbent ingredient is recommended to improve subenzation For added Fusanum protection apply a Mancozeb containing product specifically designed for application to potatoes in place of the inert absorbent Do not use treated seed pieces for food feed or fodder To control of soilborne black scurf apply penflufen as an in furrow spray in addition to the seed piece application Do not exceed more than 0 143 Ibs of active ingredient/A (65 g ai/A) per crop season for seed piece treatment application This seed piece has been treated with xx mg ai/seed (2 g ai/100 Kg seed)

r IN FURROW APPLICATION TOGETHER WITH SEED PIECE TREATMENT CROP DISEASE APPLICATION RATE DIRECTIONS Potato and other tuberous and corm vegetables (Crop Subgroup 1C) Arracacha Arrowroot Artichoke (Chinese and Jerusalem) Canna (edible) Cassava (bitter and sweet) Chayote (root) Chufa Dasheen (taro) Ginger Leren Potato Sweet Potato Tamer (cocoyam) Tumenc Yam Bean Yam (true) Black scurf including stem & stolon canker caused by soilborne Rhizoctonia solani In furrow treatment in combination with seed piece treatment Apply a minimum of 0 4 fl oz up to a maximum of 0 57 fl oz per 1 000 row feet (4 5 5 ml per 100 row meters) Lower rates provide reduced levels of protection Maximum number of application per year is 3 Apply as an in furrow spray or drench at planting Mount spray nozzles to direct the spray as a 6 to 8 inch band onto the seed pieces in the furrow just before the seed is covered or apply as a soil drench in transplant water Do not exceed more than 0 143 Ibs of active ingredient/A (65 g ai/A) per crop season through combined seed piece treatment and in furrow application This seed piece has been treated with xx mg ai/seed (2 g ai/100 Kg seed) IN FURROW APPLICATION ONLY CROP Potato and other tuberous and corm vegetables (Crop Subgroup 1C) Arracacha Arrowroot Artichoke (Chinese and Jerusalem) Canna (edible) Cassava (bitter and sweet) Chayote (root) Chufa Dasheen (taro) Ginger Leren Potato Sweet Potato Tamer (cocoyam) Tumenc Yam Bean Yam (true) DISEASE Black scurf including stem & stolon canker caused by soilborne Rhizoctonia solani APPLICATION RATE In furrow treatment without seed piece treatment Apply a minimum of 0 5 fl oz per 1 000 row feet (5 ml per 100 row meters) up to a maximum of 0 57 fl oz per 1 000 row feet (455ml per 100 row meters) Applying without a seed piece treatment in potatoes will result in reduced protection against seed borne diseases Maximum number of application per year is 3 DIRECTIONS Apply as an in furrow spray or drench at planting Mount spray nozzles to direct the spray as a 6 to 8 inch band onto the seed pieces in the furrow just before the seed is covered or apply as a soil drench in transplant water Do not exceed more than 0 143 Ibs of active ingredient/A (65 g ai/A) per crop season for in furrow application

c Commercial Seed Treatment CROP DISEASE APPLICATION RATE PER 100 LBS SEED DIRECTIONS Alfalfa Seed rot and damping off caused by Rhizoctonia so/an; Apply 0 96 fl oz (15 g ai per 100 kg seed) Maximum number of application per year is 3 Beans and Peas including Soybean and Legume Foliage (Crop Group 6 and 7) Soybean Adzuki Bean Asparagus Bean Broad Bean (Succulent or Dry) Catjang Bean Chinese Longbean Field Bean Guar Bean Jackbean Kidney Bean Lablab Bean Lima Bean (Succulent or Dry) Moth Bean (Succulent or Dry) Mung Bean Navy Bean Pinto Bean Rice Bean Runner Bean Snap Bean Sword Bean Tepary Bean Urd Bean Wax Bean Yardlong Bean Blackeyed Pea (Succulent or Dry) Chickpea Cowpea (Succulent or Dry) Crowder Pea Dwarf Pea Edible Pod Pea English Pea Field Pea Garden Pea Green Pea Pigeon Pea (Succulent or Dry) Snow Pea Southern Pea (Succulent or Dry) Sugar Snap Pea Gram Lupin White Lupin Sweet Lupin White Sweet Lupin Lentil Seed rot and damping off caused by Rhizoctonia solani Apply 0 32 fl oz (5 g ai per 100 kg seed) To deliver 0 0081 mg ai per seed apply 0 16fl ozof the product per 140 000 seeds 1 Maximum number of application per year is 3 Apply using commercial slurry or mist type seed treatment equipment Uniform application of seed is necessary to ensure seed safety and best disease protection Dilute product with sufficient water to ensure complete seed coverage Use high quality properly cleaned seed Oil Seeds (Crop Group 20) Borage Calendula Canola Castor Oil Plant Chinese Tallowtree Crambe Cuphea Echium Euphorbia Evening Primrose Flax Seed Gold of Pleasure Hare s Ear Mustard Jojoba Lesquerella Lunaria Meadowfoam Milkweed Mustard Seed Niger Seed Oil Radish Poppy Seed Rapeseed Rose Hip Sesame Stokes Aster Sweet Rocket Tallowwood Tea Oil Plant Vernonia and cultivars varieties and or hybrids of these Seed rot and damping off caused by Rhizoctonia solani Apply 0 96 fl oz (15 g ai per 100 kg seed) Maximum number of application per year is 3

Cotton Cereal grains Crop Group 15 and 16 (except corn sorghum and rice) Wheat barley oats buckwheat millet (pearl and proso) rye teosinte tnticale wild rice Corn (field sweet popcorn) Sorghum Sunflower and Safflower Rice Seed rot and damping off caused by Rhizoctonia solani Common bunt Covered smut False loose smut Flag smut Leaf strip Loose smut Stinking smut True loose smut Seed rot pre emergence damping off and seedling blight caused by soilborne Rhizoctonia solani Seed rot and damping off caused by Rhizoctonia solani Seed rot and damping off caused by Rhizoctonia solani Seed rot and damping off caused by Rhizoctonia solani Seedborne false smut (suppression) Seedborne kernel smut (suppression) Apply 0 64 fl oz (10 gai per 100 kg seed) To deliver 0 009 mg ai per seed apply 0 128flozofthe product per 100000 seeds 2 Maximum number of application per year is 3 Apply 0 32 fl (5gai per 100 kg seed) Maximum number of application per year is 3 Apply 0 64 fl oz (10gai per 100 kg seed) To deliver 0 026 mg ai per seed apply 0 29 fl oz of the product per 80 000 seeds 3 Maximum number of application per year is 3 Apply 0 96 fl oz (15 g ai per 100 kg seed) Maximum number of application per year is 3 Apply 0 32 fl oz (5 g ai per 100 kg seed) Maximum number of application per year is 3 1 Based on 2 800 soybean seeds per pound 2 Based on 4 800 cottonseed per pound

3 Based on 1 750 corn seed per pound SEED BAG TAG The Federal Seed Act requires that the container of seed treated with PENRED 240FS must be labeled with the following statements This seed has been treated with PENRED 240FS which contains penflufen Do not use treated seed for food feed or oil production Excess treated seed may be used for ethanol production only if (1) by products are not used for livestock feed and (2) no measurable residues of pesticide remain in ethanol by products that are used in agronomic practice User is responsible for ensuring that the seed bag meets all the requirements under the Federal Seed Act In addition the US Environmental Protection Agency requires the following statements on the container of seed treated with PENRED 240FS Store away from feeds and foodstuffs Wear long sleeved shirt long pants shoes socks and chemical resistant gloves when handling treated seed After the seeds have been planted do not enter or allow worker entry into treated areas during the restricted entry interval (REI) of 12 hours Exception Once the seeds are planted in soil or other planting media the Worker Protection Standard allows workers to enter the treated area without restriction if there will be no worker contact with the treated seeds in the soil or planting media Dispose of all excess treated seed Left over treated seed may be double sown around the headland or buried away from water sources in accordance with local requirements Do not contaminate water bodies when disposing of planting equipment wash waters Dispose of seed packaging in accordance with local requirements Use planting equipment that will plant treated seed into the soil to a minimum depth of 0 5 inch Crops for which there are registered uses of penflufen which includes alfalfa potatoes (Crop Subgroup 1C) legume vegetables (Crop Group 6/7) cereal grains (Crop Group 15/16) and oil seeds (Crop Group 20) may be replanted at any time All other crops may be planted no less than 30 days after planting treated seeds This pesticide is toxic to fish Do not apply directly to water or to areas where surface water is present or to mtertidal areas below the mean high water mark Treated seed exposed on soil surface may be hazardous to wildlife Cover or collect seeds spilled during loading Runoff may be hazardous to aquatic organisms in water adjacent to treated areas Do not plant treated rice seed directly into flooded field Do not soak treated rice seed For alfalfa Do not exceed 0 00225 Ib active ingredient/A (1 02 g ai/A) per crop season The maximum number of applications per year is 3 This seed has been treated with xx mg ai/seed (15 g ai/100 Kg seed) For beans and peas (excluding soybeans) Do not exceed 0 0384 Ib active ingredient/A (17 5 g ai/A) per crop season The maximum number of applications per year is 3 This seed has been treated with xx mg ai/seed (5 g ai/100 Kg seed) For soybeans Do not exceed 0 0384 Ib active ingredient/A (17 5 g ai/A) per crop season The maximum number of applications per year is 3 This seed has been treated with xx mg ai/seed (5 g ai/100 Kg seed) For oil seed crops (based on canola seeding rate) Do not exceed 0 00123 Ib active ingredient/A (0 6 g ai/A) per crop season The maximum number of applications per year is 3 This seed has been treated with xxmg ai/seed (15 g ai/100 Kg seed) For cotton Do not exceed 0 0019 Ib active ingredient/A (0 86 g ai/A) per crop season The maximum number of applications per year is 3 This seed has been treated with xx mg ai/seed (10 g ai/100 Kg seed) For cereal grains except corn sorghum and rice (based on wheat seeding rate) Do not exceed 0 0078 Ib active ingredient/A (3 5 g ai/A) per crop season The maximum number of applications per year is 3 This seed has been treated with xx mg ai/seed (5 g ai/100 Kg seed) For corn Do not exceed 0 0033 Ib active ingredient/A (1 5 g ai/A) per crop season The maximum number of applications per year is 3 This seed has been treated with xx mg at/seed (10 g ai/100 Kg seed) For sunflower and safflower Do not exceed 0 00123 Ib active ingredient/A (0 6 g ai/A) per crop season The maximum number of applications per year is 3 This seed has been treated with xx mg ai/seed (15 g ai/100 Kg seed) For rice (dry seeded) Do not exceed 0 006 Ib active ingredient/A (2 7 g ai/A) per crop season The maximum number of applications per year is 3 This seed has been treated with xx mg ai/seed (5 g ai/100 Kg seed) INFORMATION For use as a fungicide for protection against listed soilborne seedborne and post emergence diseases of listed crop plants

ID STORAGE AND DISPOSAL Do not contaminate water food or feed by storage disposal or cleaning of equipment PESTICIDE STORAGE Store in original container away from feed and food Store in cool dry area Do not store in direct sunlight Do not allow prolonged storage in temperatures that exceed 105°F (40°C) or in temperatures that fall below 14°F ( 10°C) PESTICIDE DISPOSAL To avoid wastes use all material in this container by application according to label directions If wastes cannot be avoided offer remaining product to a waste facility or pesticide disposal program (often such programs are run by state or local governments or by industry) CONTAINER DISPOSAL Rigid. Non refillable containers (equal to or less than 5 gallons) Non refillable container Do not reuse or refill this container Offer for recycling if available Triple rinse or pressure 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 1/4 full with water and recap Shake for 10 seconds Pour rmsate into application equipment or a mix tank or store rmsate for later use or disposal Dram for 10 seconds after the flow begins to drip Repeat this procedure two more times Pressure rinse as follows Empty the remaining contents into application equipment or a mix tank and continue to dram for 10 seconds after the flow begins to drip Hold container upside down over application equipment or mix tank or collect rmsate for later use or disposal Insert pressure rinsing nozzle in the side of the container and rinse at about 40 PSI for at least 30 seconds Dram for 10 seconds after the flow begins to drip Once container is rinsed offer for recycling if available or puncture and dispose of in a sanitary landfill Rigid Non refillable containers (greater than 5 gallons or 50 Ibs) Non refillable Containers Non refillable containers Do not reuse or refill this container Refer to Bottom Discharge IBC or Top Discharge IBC Drums Kegs information as follows Bottom Discharge IBC (eg- Schuetz Caged IBC or Snyder Square Stackable) Pressure rinsing the container before final disposal is the responsibility of the person disposing of the container To pressure rinse the container before final disposal empty the remaining contents from the IBC into application equipment or mix tank Raise the bottom of the IBC by 1 5 inches on the side which is opposite of the bottom discharge valve to promote more complete product removal Completely remove the top lid of the IBC Use water pressurized to at least 40 PSI to rinse all interior portions Continuously pump or dram rmsate into application equipment or rmsate collection system while pressure rinsing Continue pressure rinsing for 2 minutes or until rmsate becomes clear Replace the lid and close bottom valve Top Discharge IBC Drums Kegs (eg-Snyder 120 Next Gen BonarB120 Drums Kegs) Triple rinsing the container before final disposal is the responsibility of the person disposing of the container To triple rinse the container before final disposal empty the remaining contents from this container into application equipment or mix tank Fill the container at least 10 percent full with water Agitate vigorously or recirculate water with the pump for 2 minutes Rinse all interior surfaces Pour or pump rmsate into application equipment or rmsate collection system Repeat this procedure two more times Once container is rinsed offer for recycling if available or puncture and dispose of in a sanitary landfill Refillable Containers Refillable container - Refer to Bottom Discharge IBC or Top Discharge IBC Drums Kegs information as follows Refill this container with pesticide only Do not reuse this container for any other purpose Contact your Ag retailer or Bayer CropScience for container return disposal and recycling information Bottom Discharge IBC (eg- Schuetz Caged IBC or Snyder Square Stackable) Pressure rinsing the container before final disposal is the responsibility of the person disposing of the container Cleaning before refilling is the responsibility of the refiller To pressure rinse the container before final disposal empty the remaining contents from the IBC into application equipment or mix tank Raise the bottom of the IBC by 1 5 inches on the side which is opposite of the bottom discharge valve to promote more complete product removal Completely remove the top lid of the IBC Use water pressurized to at least 40 PSI to rinse all interior portions Continuously pump or dram rmsate into application equipment or rmsate collection system while pressure rinsing Continue pressure rinsing for 2 minutes or until rmsate becomes clear Replace the lid and close bottom valve Top Discharge IBC Drums Kegs (e g-Snyder 120 Next Gen BonarB120 Drums Kegs)

c Triple rinsing the container before final disposal is the responsibility of the person disposing of the container Cleaning before refilling is the responsibility of the refiller To triple rinse the containers before final disposal empty the remaining contents from this container into application equipment or mix tank Fill the container at least 10 percent full with water Agitate vigorously or recirculate water with the pump for 2 minutes Rinse all interior surfaces Pour or pump rinsate into application equipment or nnsate collection system Repeat this procedure two more times Once container is rinsed offer for recycling if available or puncture and dispose of in a sanitary landfill End users are authorized to remove tamper evident cables as required to remove the product from the container unless the container is equipped with one way valves and refilling or returning is planned If this is the case end users are not authorized to remove tamper evident cables one way valves or clean container

IMPORTANT READ BEFORE USE Read the entire Directions for Use Conditions Disclaimer of Warranties and Limitations of Liability before using this product If terms are not acceptable return the unopened product container at once By using this product user or buyer accepts the following Conditions disclaimer of Warranties and Limitations of Liability Treatment of highly mechanically damaged seed or seed of known low vigor and poor quality may result in reduced germination and/or reduction of seed and seedling vigor Treat and conduct germination tests on a small portion of seed before committing the total seed lot to a selected chemical treatment Due to seed quality conditions beyond the control of Bayer CropScience no claims are made to guarantee germination of carry over seed CONDITIONS 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 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 Bayer CropScience All such risks shall be assumed by the user or buyer DISCLAIMER OF WARRANTIES TO THE EXTENT CONSISTENT WITH APPLICABLE LAW BAYER CROPSCIENCE MAKES NO WARRANTIES EXPRESS OR IMPLIED OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE THAT EXTEND BEYOND THE STATEMENTS MADE ON THIS LABEL No agent of Bayer CropScience is authorized to make any warranties beyond those contained herein or to modify the warranties contained herein TO THE EXTENT CONSISTENT WITH APPLICABLE LAW BAYER CROPSCIENCE DISCLAIMS ANY LIABILITY WHATSOEVER FOR SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR HANDLING OF THIS PRODUCT LIMITATIONS OF LIABILITY TO THE EXTENT CONSISTENT WITH APPLICABLE LAW THE EXCLUSIVE REMEDY OF THE USER OR BUYER FOR ANY AND ALL LOSSES INJURIES OR DAMAGES RESULTING FROM THE USE OR HANDLING OF THIS PRODUCT WHETHER IN CONTRACT WARRANTY TORT NEGLIGENCE STRICT LIABILITY OR OTHERWISE SHALL NOT EXCEED THE PURCHASE PRICE PAID OR AT BAYER CROPSCIENCE S ELECTION THE REPLACEMENT OF PRODUCT NET CONTENTS PRODUCED FOR Bayei CropScience Bayer CropScience LP PO Box 12014 2TW Alexander Drive Research Triangle Park North Carolina 27709 1 866 99BAYER (1 866 992 2937) PENRED240FS (PENDING) 04/30/12 05/11/12V3 10