crop-chem-docs/corpus/epa_ppls/7969-352.md

XEMIUM 703 FUNGICIDE ST

• EPA Reg No: 7969-352
• Registrant: BASF AGRICULTURAL SOLUTIONS US, LLC
• Signal word: Warning
• Active ingredients: Pyraclostrobin (21.26%); Fluxapyroxad (21.26%)
• Label accepted: 2015-08-05
• Source PDF: https://www3.epa.gov/pesticides/chem_search/ppls/007969-00352-20150805.pdf

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, DC 20460

New Use PRIA Unconditional v.20150320 OFFICE OF CHEMICAL SAFETY AND POLLUTION PREVENTION

August 5, 2015

Michelle Sharpe-Kass Product Registration Manager BASF Corporation 26 Davis Drive P.O. Box 13528 Research Triangle Park, NC 27709

Subject: Label Amendment: A ddition of Seed Treatment Use in Cotton Product Name: Xemium® 703 Fungicide ST EPA Registration Number: 7969-352 Application Date: April 15, 2014 Decision No: 491460

Dear Ms. Sharpe:

The application referred to above, submitted under the Federal Insecticide, Fungicide and Rodenticide Act, as amended is acceptable under FIFRA sec 3 (c)(5). You must submit and/or cite all data required for registration/reregistration/registration review of your product when the Agency requires all registrants of similar products to submit such data.

A stamped copy of your labeling is enclosed for your records. This labeling supersedes all previously accepted labeling. You must submit one (1) copy of the final printed labeling before you release the product for shipment with the new labeling. In accordance with 40 CFR 152.130(c), you may distribute or sell this product under the previously approved labeling for 18 months from the date of this letter. After 18 months, you may only distribute or sell this product if it bears this new revised labeling or subsequently approved labeling. “To distribute or sell” is defined under FIFRA section 2(gg) and its implementing regulation at 40 CFR 152.3.

Should you wish to add/retain a reference to the company’s website on your label, then please be aware that the website becomes labeling under the Federal Insecticide Fungicide and Rodenticide Act and is subject to review by the Agency. If the website is false or misleading, the product would be misbranded and unlawful to sell or distribute under FIFRA section 12(a)(1)(E). 40 CFR 156.10(a)(5) list examples of statements EPA may consider false or misleading. In addition, regardless of whether a website is referenced on your product’s label, claims made on the website may not substantially differ from those claims approved through the registration process. Therefore, should the Agency find or if it is brought to our attention that a website contains false or misleading statements or claims substantially differing from the EPA approved registration, the website will be referred to the EPA’s Office of Enforcement and Compliance.

Page 2 of 2 EPA Reg. No. 7969-352 Decision No. 491460

Your release for shipment of the product constitutes acceptance of these conditions. If these conditions are not complied with, the registration will be subject to cancellation in accordance with FIFRA section 6. If you have any questions, please contact Driss Benmhend by phone at (703) 308-9525, or via email at Benmhend.driss@epa.gov.

Enclosure

Sincerely,    Shaja B. Joyner, Product Manager 20   Fungicide and Herbicide Branch   Registration Division (7505P)  Office of Pesticide Programs

BASF Corporation 26 Davis Drive, Research Triangle Park, NC 27709 For seed treatment use in cotton This supplemental label expires on July 30, 2018 and must not be used or distributed after this date. Powered by Xemium® fungicide Active Ingredients: fluxapyroxad*: 1H-Pyrazole-4-carboxamide, 3-(difluoromethyl)- 1-methyl-N-(3',4',5'-trifluoro[1,1'-biphenyl]-2-yl)- .............................................................................................. 21.26% pyraclostrobin**: (carbamic acid, [2-[[[1-(4-chlorophenyl)-1H-pyrazol-3-yl]oxy] methyl]phenyl]methoxy-, methyl ester) ............................................................................................................ 21.26% Other Ingredients: ........................................................................................................................................... 57.48% Total: ............................................................................................................................................................... 100.00% *Equivalent to 2.09 pounds of fluxapyroxad per gallon. **Equivalent to 2.09 pounds of pyraclostrobin per gallon.

EPA Reg. No. 7969-352

Directions For Use • It is a violation of federal law to use this product in a manner inconsistent with its labeling. • The supplemental labeling and the entire Xemium® 703 fungicide ST container label, EPA Reg. No. 7969-352, must be in possession of the user at the time of application. • Read the label affixed to the container for Xemium 703 before applying. • Use of Xemium 703 according to this labeling is subject to the use precautions and limitations imposed by the label affixed to the container for Xemium 703. Application Instructions Apply Xemium 703 according to the Crop-specific Use Directions in this label. Observe any additional instructions and/or restrictions on the Xemium 703 container label. Restrictions and Limitations Xemium 703 is not for sale, distribution, or use in Nassau and Suffolk counties in New York State. SEED LABELING FOR COTTON Treated Seed Must Be Labeled As Follows: Federal law requires that bags of treated seeds shall be labeled with the following: “This seed has been treated with fluxapyroxad and pyraclostrobin. (continued) SEED LABELING FOR COTTON (continued) DO NOT use for food, feed or oil purposes. Store away from food and feedstuffs.” “DO NOT allow children, pets or livestock to have access to treated seeds. Wear long pants, long- sleeved shirt and protective gloves when handling treated seed. Treated seed exposed on soil surfaces may be hazardous to wildlife. Treated seed must be planted into the soil at a depth equal to or greater than ½ inch. Cover or collect treated seed spilled during loading and planting, in particular at row ends and field corners. After treated seed has been planted, DO NOT enter or allow worker entry into areas planted with treated seeds during the restricted-entry interval (REI) of 12 hours. EXCEPTION: Workers may enter these areas without restriction if there will be no worker contact with the soil/media subsurface. Dispose of excess seed by burying away from bodies of water. DO NOT contaminate bodies of water when disposing of planting equipment washwater. Dispose of seed packaging or containers in accordance with local requirements.” The seed label should also include the following: “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.” Group 7 11 Fungicide

Supplemental Label Xemium® 703 fungicide ST

08/05/2015 7969-352

2 Xemium® 703 fungicide ST Crop-specific Use Directions for Seed Treatment Crop Target Disease Product Use Rate ml/100 kg seed (gram ai/100 kg seed) Product Use Rate fl ozs/100 lbs seed (lb ai/100 lbs seed) Cotton Seed and seedling disease (damping-off) caused by Rhizoctonia solani Suppression of seed and seedling disease caused by Fusarium spp. and Pythium spp. 80 to 160 (40 to 80) 1.23 to 2.46 (0.04 to 0.08) (0.04 to 0.08 mg ai per seed)* Suppression of black root rot caused by Thielaviopsis basicola 160 (80) 2.46 (0.08) (0.08 mg ai per seed)* *mg ai per seed rates based on 4500 seeds per pound

3 Conditions of Sale and Warranty The Directions For Use of this product reflect the opinion of experts based on field use and tests. The directions are believed to be reliable and must be followed carefully. However, it is impossible to eliminate all risks inherently associated with the use of this product. Crop injury, ineffectiveness or other unintended consequences may result because of such factors as the presence of other or untested or unapproved materials, seed of low quality or low vigor or low germination, use of the product in a manner inconsistent with its labeling, misapplication of the product, or weather conditions at planting or environmental conditions during seed storage, all of which are beyond the control of BASF CORPORATION (“BASF”) or the Seller. To the extent consistent with applicable law, all such risks shall be assumed by the Buyer. BASF warrants that this product conforms to the chemical description on the label and is reasonably fit for the purposes referred to in the Directions For Use, subject to the inherent risks, referred to above. TO THE EXTENT CONSISTENT WITH APPLICABLE LAW, BASF MAKES NO OTHER EXPRESS OR IMPLIED WARRANTY OF FITNESS OR MERCHANTABILITY OR ANY OTHER EXPRESS OR IMPLIED WARRANTY. TO THE EXTENT CONSISTENT WITH APPLICABLE LAW, BUYER’S EXCLUSIVE REMEDY AND BASF’S EXCLUSIVE LIABILITY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL BE LIMITED TO REPAYMENT OF THE PURCHASE PRICE OF THE PRODUCT. TO THE EXTENT CONSISTENT WITH APPLICABLE LAW, BASF AND THE SELLER DISCLAIM ANY LIABILITY FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL OR INDIRECT DAMAGES RESULTING FROM THE USE OR HANDLING OF THIS PRODUCT. BASF and the Seller offer this product, and the Buyer and User accept it, subject to the foregoing Conditions of Sale and Warranty which may be varied only by agreement in writing signed by a duly authorized representative of BASF. ST 1108

Xemium is a registered trademark of BASF.

© 2015 BASF Corporation All rights reserved.

007969-00352.20140320b.NVA 2014-04-406-0069

BASF Corporation 26 Davis Drive Research Triangle Park, NC 27709