crop-chem-docs/corpus/epa_ppls/228-729.md

Grass Killer Wildlife Food Plots

• EPA Reg No: 228-729
• Registrant: NUFARM AMERICAS, INC.
• Signal word: Caution
• Active ingredients: Clethodim (12.6%)
• Label accepted: 2021-12-01
• Source PDF: https://www3.epa.gov/pesticides/chem_search/ppls/000228-00729-20211201.pdf

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, DC 20460

OFFICE OF CHEMICAL SAFETY AND POLLUTION PREVENTION

December 1, 2021

Carrie M. Tackema Regulatory Manager Nufarm Americas, Inc. 4020 Aerial Center Parkway Morrisville, NC 27560

Subject: Registration Review Label Mitigation for Clethodim Product Name: GRASS KILLER WILDLIFE FOOD PLOTS EPA Registration Number: 228-729 Application Date: January 29, 2018 Decision Number: 580314

Dear Ms. Tackema:

The Agency, in accordance with the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), as amended, has completed reviewing all the information submitted with your application to support the Registration Review of the above referenced product in connection with the Clethodim Interim Decision, and has concluded that your submission is acceptable. The label referred to above, submitted in connection with registration under FIFRA, as amended, is acceptable.

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.

A stamped copy of your labeling is enclosed for your records. This labeling supersedes all previously accepted labeling. You must submit one 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 12 months from the date of this letter. After 12 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.

Page 2 of 2 EPA Reg. No. 228-729 Decision No. 580314

If you have any questions about this letter, please contact DeMariah Koger by phone at (703)- 347-0425, or via email at koger.demariah@epa.gov .

S i n c e r e l y ,

       Linda Arrington, Branch Chief Risk Management and Implementation Branch 4 Pesticide Re-Evaluation Division Office of Pesticide Programs

Enclosure

1 CLETHODIM GROUP 1 HERBICIDE Grass Killer Wildlife Food Plots [Kills grassy weeds without harming broadleaf food plots for wildlife when used as directed.] [Kills annual and perennial grasses.] [Kills Crabgrass, Quackgrass, Barnyardgrass, Foxtails, Bermudagrass & Johnsongrass.] [Rainfast in one hour.] [Kills grassy weeds without harming broadleaf wildlife food plots when used as directed.] [Kills grasses in wildlife food plots.] [This XX container covers XX sq ft Treats Up to XX sq ft.] [This product may be used to remove grassy weeds on plots grown for wildlife food.] ACTIVE INGREDIENT: *Clethodim (E)-2-[1-[[(3-chloro-2-propenyl)oxy]imino]propyl]-5-[2-(ethylthio)propyl] -3-hydroxy-2-cyclohexen-1-one ........................................................................................................................ 12.6% OTHER INGREDIENTS: ...................................................................................................................................... 87.4% TOTAL: ........................................................... 100.0% Contains Petroleum Distillates Contains 0.97 lbs clethodim per gallon KEEP OUT OF REACH OF CHILDREN CAUTION / PRECAUCION 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] [BELOW] [NEXT PAGE] FOR FIRST AID AND ADDITIONAL PRECAUTIONARY STATEMENTS For Medical Emergencies, Call (877) 325-1840 For Chemical Spill, Leak, Fire, or Exposure, Call CHEMTREC (800) 424-9300 EPA REG. NO. 228-729 MANUFACTURED [BY] FOR EPA EST. NO. NUFARM AMERICAS INC. 11901 S. AUSTIN AVE. NET CONTENTS: [FL. OZ.][PT.[S]][QT.[S]][GAL.[S]] ALSIP, IL 60803 00228-00729.06222021 Dec 01, 2021 228-729

2 PRECAUTIONARY STATEMENTS HAZARDS TO HUMANS AND DOMESTIC ANIMALS CAUTION/ PRECAUCION

Causes moderate eye irritation. Harmful if swallowed. Avoid contact with eyes, skin or clothing. Wash thoroughly with soap and water after handling and before eating, drinking, chewing gum or using tobacco. Prolonged or frequently repeated skin contact m ay cause allergic reactions in some individuals.

FIRST AID IF IN EYES z Hold eye open and rinse slowly and gently with water for 15 to 20 minutes. z Remove contact lenses, if present, after the first 5 minutes, then continue rinsing eye. z Call a poison control center or doctor for treatment advice. IF ON SKIN OR CLOTHING z Take off contaminated clothing. z Rinse skin immediately with plenty of water for 15 to 20 minutes. z Call a poison control center or doctor for treatment advice. IF SWALLOWED z Do not induce vomiting unless told to do so by the poison control center or doctor. z Do not give any liquid to the person. z Do not give anything by mouth to an unconscious person. IF INHALED z Move person to fresh air. z If person is not breathing, call 911 or an ambulance, then give artificial respiration, preferably by mouth-to-mouth, if possible. z Call a poison control center or doctor for further treatment advice. HOT LINE NUMBER Have the product container or label with you when calling a poison control center or doctor, or going for treatment. You may also contact 1-877-325-1840 for emergency medical treatment information. NOTE TO PHYSICIAN Ingestion of this product or subsequent vomiting can result in aspiration of light hydrocarbon liquid, which can cause pneumonitis. If ingested, probable mucosal damage may contraindicate the use of gastric lavage.

USER SAFETY RECOMMENDATIONS Users should: • Wash hands before eating, drinking, chewing gum, using tobacco or using the toilet. • Remove clothing immediately if pesticide gets inside. Then wash thoroughly and put on clean clothing. • As soon as possible, wash thoroughly and change into clean clothing.

ENVIRONMENTAL HAZARDS Do not apply directly to water, or to areas where surface water is present or to intertidal areas below the mean high water mar k. Do not apply where runoff is likely to occur. Do not apply where weather conditions favor drift from areas treated. Do not contami nate water when disposing of equipment washwater or rinsate.

NON-TARGET ORGANISM ADVISORY STATEMENT: This product is toxic to plants and may adversely impact the forage and habitat of non-target organisms, including pollinators, in areas adjacent to the treated area. Protect the forage and habitat of non- target organisms by following label directions intended to minimize spray drift.

The use of this product may pose a hazard to the federally designated endangered species of Solano Grass and Wild Rice. Use of this product is prohibited in the following areas where the species are known to exist:

Solano Grass: Solano County, California: the vernal lakes area bounded by the Union Pacific Railroad and Hastings Road to the north, Highway 113 to the east, Highway 12 to the south and Travis Air Force Base to the west.

Wild Rice: Hays County, Texas.

PHYSICAL OR CHEMICAL HAZARDS Do not use or store near heat or open flame.

DIRECTIONS FOR USE It is a violation of Federal law to use this product in a manner inconsistent with its labeling. Read the entire label before using this product. Use strictly in accordance with label precautionary statements and directions.

3 NON-AGRICULTURAL USE REQUIREMENTS The requirements in this box apply to uses of this product that are not within the scope of the WPS for agricultural pesticides (40 CFR Part 170). The WPS applies when this product is used to produce agricultural crops on farms, forests, nurseries, or greenhouses. Keep all unprotected persons out of operating areas, or vicinity where there may be drift. Do not enter or allow other to enter the treated area until sprays have dried.

HOW IT WORKS This product is a selective systemic herbicide for control of existing annual and perennial grasses growing in plants grown for wildlife food. This product does not control sedges or broadleaf weeds. Growth of treated grasses stops soon after application. Treated grassy weeds show a reduction in vigor and growth. The growing points frequently turn purple to reddish in color before the plant dies. Treated grass will usually completely die within two weeks.

USE DIRECTIONS FOR ANNUAL GRASSES • Apply only to actively growing grasses at specified weed heights. • Apply when the first grass weed species in a mixed grass weed population reaches the specified growth stage for treatment. • Use the high specified rate under heavy grass pressure and/or when grasses are at maximum height. GRASS SPECIES SCIENTIFIC NAME WEED HEIGHT* (inches) APPLICATION RATES MINIMUM RATE fl oz/A MAXIMUM RATE*** fl oz/A Barnyardgrass Broadleaf Signalgrass Brome California Cheat Downy Ripgut Canarygrass Crabgrass Hairy Large Smooth Southern Crowfootgrass Fall Panicum Field Sandbur Foxtail Giant Green Yellow Goosegrass Itchgrass Junglerice Lovegrass (Stinkgrass) Rabbitsfootgrass Red Rice Ryegrass Hardy Italian Seeding Johnsongrass Shattercane Southern Cupgrass Sprangletop Amazon Bearded Mexican Red Texas Panicum Volunteer Cereals Barley Oats Rye Wheat Volunteer Corn Volunteer Corn Volunteer Corn Echinochloa crus-galli Brachiaria platyphylla

Bromus carinatus Bromus secalinus Bromus tectorum Bromus diandrus Phalaris canariensis

Digitaria adscendens Digitaria sanguinalis Digitaria ischaemum Digitaria ciliaris Dactyloctenium aegyptium Panicum dichotomiflor Cenchrus incertus

Setaria faberi Setaria viridis Setaria glauca Eleusine indica Rottboellia cochinchinensis Echinochloa colona Eragrostis cilianensis Polypogon monspeliensis Oryza sativa

Lolium remotum Lolium multiflorum Sorghum halepense Sorghum bicolor Eriochloa gracilis

Leptochloa panicoides Leptochloa fascicularis Leptochloa uninervia Leptochloa filiformis Panicum texanum

Hordeum vulgare Avena sativa Secale cereale Triticum aestivum Zea mays Zea mays Zea mays 2 to 8 2 to 6

2 to 6 2 to 6 2 to 6 2 to 6 1 to 4

2 to 6** 2 to 6** 2 to 6** 2 to 6** 2 to 6** 2 to 8 2 to 6

2 to 12 2 to 8 2 to 8 2 to 6** 2 to 6 2 to 6 2 to 6 1 to 4 1 to 3

2 to 6 2 to 6 4 to 10 6 to 18 2 to 6

2 to 6 2 to 6 2 to 6 2 to 6 2 to 6

2 to 6 2 to 6 2 to 6 2 to 6 Up to 12 Up to 24 Up to 36 9 9

9 9 9 9 9

9 9 9 9 9 9 9

9 9 9 9 9 9 9 9 9

9 9 9 9 9

9 9 9 9 9

9 9 9 9 6 9 12 16 16

16 16 16 16 16

16 16 16 16 16 16 16

16 16 16 16 16 16 16 16 16

16 16 16 16 16

16 16 16 16 16

16 16 16 16 12 14 16

4 Volunteer Grain Sorghum Wild Oats Wild Proso Millet Witchgrass Woolly Cupgrass Sorghum bicolor Avena fatua Panicum miliaceum Panicum capillare Eriochloa villosa 8 to 12 2 to 6 2 to 10 2 to 8 2 to 8 9 9 9 9 9 16 16 16 16 16 *Generally occurs between 3-leaf stage and tillering. **Length of lateral growth. *** Use the high specified rate for taller grass.

USE DIRECTIONS FOR PERRENNIAL GRASSES • Apply only to actively growing grasses at specified weed heights. • Apply when the first grass weed species in a mixed grass weed population reaches the specified growth stage for treatment. • Use the high specified rate under heavy grass pressure and/or when grasses are at maximum height. GRASS SPECIES WEED HEIGHT (inches) APPLICATION RATES MINIMUM RATE fl oz/A MAXIMUM RATE*** fl oz/A Bermudagrass (Cynodon dactylon) First Application Repeat Application(s) (if regrowth occurs)

Fescue, Tall (Festuca arundinacea) First Application Repeat Application(s) (if regrowth occurs)

Foxtail Barley (Hordeum jubatum) First Application Repeat Application(s) (if regrowth occurs)

Orchardgrass (Dactylis glomerata) First Application Repeat Application(s) (if regrowth occurs)

Quackgrass (Elytrigia repens) First Application Repeat Application(s) (if regrowth occurs)

Rhizome Johnsongrass (Sorghum halepense) First Application Repeat Application(s) (if regrowth occurs)

Wirestem Muhly (Muhlenbergia frondosa) First Application Repeat Application(s) (if regrowth occurs)

Perennial Bluegrass Roughstalk (Poa trivialis) Kentucky (Poa prantensis) First Application Repeat Application(s) (if regrowth occurs)

Bentgrass (Agrostis spp.) First Application Repeat Application(s) (if regrowth occurs)

3 (or up to 6" runners) 3 (or up to 6" runners)

4 to 8 4 to 8

2 to 6 2 to 6

4 to 8 4 to 8

4 to 12 4 to 12

12 to 24 6 to18

4 to 8 4 to 8

2 to 4 2 to 4

2 to 4 2 to 4

12 12

12 12

12 12

12 12

12 12

12 9

12 12

12 12

32 32

32 32

32 32

32 32

32 32

32 24

32 32

32 32

32 32

• Use the high specified rate for taller grass.

WHERE TO USE: This product may be used to remove grassy weeds on plots grown for wildlife food.

TOLERANT PLANTS Alfalfa Carrots Clover, Sweet, White and Other Species Flax Lablab Parsnips Peas Southern Peas Sugarbeets Turnips Canola* Chufa Garden and Red Beets Mustard Peanuts Radish Soybeans Sunflowers

• Not for Canola grown in California.

5 WHEN TO USE Apply when grassy weeds are actively growing. Weather conditions such as sunny skies and warm weather promote the growth of weeds and make them more susceptible. • Rainfall within one hour of application will reduce product performance and control may be reduced. • Mowing or topping grassy weeds before application will reduce product performance and control may be reduced. • Application to stressed target grassy weeds will reduce product performance and control may be reduced. These conditions include drought, excessive water, extremes in temperature and low humidity.

SPRAY DRIFT

Ground Boom Applications: x Apply with the nozzle height recommended by the manufacturer, but no more than 3 feet above the ground or crop canopy. For all other ground applications, the nozzle must be no more than 3 feet from the target vegetation. x Applicators are required to use a medium or coarser droplet size (ASABE S572.1). x Do not apply when wind speeds exceed 10 miles per hour at the application site. x Do not apply during temperature inversions.

SPRAY DRIFT ADVISORIES

THE APPLICATOR IS RESPONSIBLE FOR AVOIDING OFF-SITE SPRAY DRIFT. BE AWARE OF NEARBY NON-TARGET SITES AND ENVIRONMENTAL CONDITIONS.

IMPORTANCE OF DROPLET SIZE An effective way to reduce spray drift is to apply large droplets. Use the largest droplets that provide target pest control. While applying larger droplets will reduce spray drift, the potential for drift will be greater if applications are made improperly o r under unfavorable environmental conditions.

Controlling Droplet Size – Ground Boom x Volume – Increasing the spray volume so that larger droplets are produced will reduce spray drift. Use the highest practical spray volume for the application. If a greater spray volume is needed, consider using a nozzle with a higher flow rate. x Pressure – Use the lowest spray pressure recommended for the nozzle to produce the target spray volume and droplet size. x Spray Nozzle – Use a spray nozzle that is designed for the intended application. Consider using nozzles designed to reduce drift.

BOOM HEIGHT – Ground Boom For ground equipment, the boom should remain level with the crop and have minimal bounce.

SHIELDED SPRAYERS Shielding the boom or individual nozzles can reduce spray drift. Consider using shielded sprayers. Verify that the shields ar e not interfering with the uniform deposition of the spray on the target area.

TEMPERATURE AND HUMIDITY When making applications in hot and dry conditions, use larger droplets to reduce effects of evaporation.

TEMPERATURE INVERSIONS Drift potential is high during a temperature inversion. Temperature inversions are characterized by increasing temperature with altitude and are common on nights with limited cloud cover and light to no wind. The presence of an inversion can be indicated by ground fog or by the movement of smoke from a ground source or an aircraft smoke generator. Smoke that layers and moves laterally in a concentrated cloud (under low wind conditions) indicates an inversion, while smoke that moves upward and rapidly dissipates indicates good vertical air mixing. Avoid applications during temperature inversions.

WIND Drift potential generally increases with wind speed. AVOID APPLICATIONS DURING GUSTY WIND CONDITIONS.

Applicators need to be familiar with local wind patterns and terrain that could affect spray drift.

HOW TO APPLY: Broadcast applications • Use of sufficient spray volumes and pressure is essential to ensure complete coverage. • Use a minimum of 5 gallons or a maximum of 40 gallons of spray solution per acre. • Under the following conditions a minimum of 10 gals per acre is required: perennial grasses, volunteer corn, drought or stre ss conditions, heavy grass pressure or when grasses are at or near maximum height. Failure to use 10 gallons per acre under these conditions may result in poor coverage and reduced grass control requiring repeat applications. • Spray pressure should reflect a minimum of 30 psi and a maximum of 60 psi at the nozzle. • Do not use flood nozzles. • Add half of the needed water to the spray tank • Add this product. • Fill tank to desired level. • Spray plants.

6 • Apply as close to target plants as practical while maintaining a good spray pattern for adequate coverage. • Repeat application may be applied after 14 days.

Hand Sprayer Application: • Apply with a hand trigger sprayer or pump up hand sprayer. • Add water to half fill the tank. • Add this product. • Then fill tank to desired level. • Adjust sprayer to deliver a fine spray. • Spray directly on grassy weeds till lightly wet, but not dripping.

For hard to control weeds, make a second application 2 to 3 weeks after the first application

AMOUNT TO USE: For Broadcast Applications • For annual grasses 1 to 4 inches tall apply 9 fl oz per acre • For annual grasses 4 to 12 inches tall apply 16 fl oz per acre • For perennial grasses 2 to 6 inches apply 12 fl oz per acre • For perennial grasses 6 inches or taller apply up to 32 fl oz per acre • A second application may be needed for some grasses and for taller grasses

For Spot Spray Applications Use 1 fl oz of this product per one gallon of water. Spray plants to lightly wet.

SPRAY COVERAGE: For Broadcast Applications • Spray with a minimum spray volume of 10 GPA. • Spray with a maximum spray volume of 40 GPA.

For spot spraying with a hand held sprayer One gallon of spray mix covers 1300 square feet.

PRECAUTIONS • Avoid getting spray or spray drift on susceptible grass crops as injury will occur. • Minor leaf spotting may occur on treated plants under certain conditions. New foliage is not affected. • Avoid spraying in windy conditions (windy conditions are when winds are greater than 10 miles per hour). • Avoid spraying when winds are gusty. • This product does not control sedges or broadleaf weeds.

USE RESTRICTIONS • The maximum annual application rate is 1.04 lbs. ai/A. • Do not spray on grassy food plants such as corn, sorghum, wheat, barley, rice, rye and millet. • Do not apply more than 32 fl oz of this product per acre per year. • Maximum number of applications is 4. • 14 day minimum retreatment interval. • For Broadcast Application: Do not use flood nozzles.

TANK MIXES Read tank mix product label for specified rates and weeds controlled. Always read and follow label directions for all tank mix products before using. The most restrictive labeling of any tank mix product must be followed.

WEED RESISTANCE MANAGEMENT

This product is a Group 1 herbicide. Any weed population may contain or develop plants naturally resistant to this product and other Group 1 herbicides. The resistant biotypes may dominate the weed population if these herbicides are used repeatedly in the sam e field. Appropriate resistance-management strategies should be followed. To delay herbicide resistance take one or more of the following steps:

"To delay herbicide resistance take one or more of the following steps:

• Rotate the use of this product or other Group 1 herbicides within a growing season sequence or among growing seasons with different herbicide groups that control the same weeds in a field.

• Use tank mixtures with herbicides from a different group if such use is permitted; where information on resistance in target weed species is available, use the less resistance-prone partner at a rate that will control the target weed(s) equally as well as t he more resistance-prone partner. Consult your local extension service or certified crop advisor if you are unsure as to which active ingredient is currently less prone to resistance.

• Adopt an integrated weed-management program for herbicide use that includes scouting and uses historical information related to herbicide use and crop rotation, and that considers tillage ( or other mechanical control methods), cultural ( e.g., higher crop seeding rates; precision fertilizer application method and timing to favor the crop and not the weeds), biological (weed-competitive

7 crops or varieties) and other management practices. • Scout after herbicide application to monitor weed populations for early signs of resistance development. Indicators of possib le herbicide resistance include: (1) failure to control a weed species normally controlled by the herbicide at the dose applied, e specially if control is achieved on adjacent weeds; (2) a spreading patch of non-controlled plants of a particular weed species; (3) surviving plants mixed with controlled individuals of the same species. If resistance is suspected, prevent weed seed production in the affected area by an alternative herbicide from a different group or by a mechanical method such as hoeing or tillage. Prevent movement of resistant weed seeds to other fields by cleaning harvesting and tillage equipment when moving between fields, and planting clean seed.

• If a weed pest population continues to progress after treatment with this product, discontinue use of this product, and switc h to another management strategy or herbicide with a different mode of action, if available.

• Contact your local extension specialist or certified crop advisors for additional pesticide resistance-management and/or integrated weed-management recommendations for specific crops and weed biotypes.

• For further information or to report suspected resistance, contact Nufarm at 919-379-2510.

BEST MANAGEMENT PRACTICES

x Plant into weed-free fields and keep fields as weed-free as possible. x Use a diversified approach toward weed management. Whenever possible incorporate multiple weed-control practices such as mechanical cultivation, biological management practices, and crop rotation. x Fields with difficult to control weeds should be rotated to crops that allow the use of herbicides with alternative mechanisms of action or different management practices. x Do not allow weed escapes to produce seeds, roots or tubers. Manage weed seeds at harvest and post-harvest to prevent a buildup of the weed seed-bank. x Prevent field-to-field and within-field movement of weed seed or vegetative propagules. x Prevent an influx of weeds into the field by managing field borders. x Identify weeds present in the field through scouting and field history and understand their biology. The weed-control program should consider all of the weeds present. x Difficult to control weeds may require sequential applications of herbicides with differing mechanisms of action. x Apply this herbicide at the correct timing and rate needed to control the most difficult weed in the field. x Use a broad spectrum soil-applied herbicide with a mechanism of action that differs from this product as a foundation in a weed-control program. Do not use more than two applications of this or any other herbicide with the same mechanism of action within a single growing season unless mixed with an herbicide with another mechanism of action with an overlapping spectrum for the difficult-to-control weeds. x If resistance is suspected, treat weed escapes with an herbicide with a different MOA or use non-chemical methods to remove escapes.

STORAGE AND DISPOSAL Do not contaminate water, food or feed by storage or disposal. PESTICIDE STORAGE: Store in original container in a cool dry place, out of reach of children, preferably a locked storage cabinet. PESTICIDE DISPOSAL AND CONTAINER HANDLING: Nonrefillable container. Do not reuse or refill this container. If Empty: Place in trash or offer for recycling, if available. If Partly Filled: Call your local solid waste agency for disposal instructions. Never place unused product down any indoor or outdoor drain.

WARRANTY DISCLAIMER The directions for use of this product must be followed carefully. TO THE EXTENT CONSISTENT WITH APPLICABLE LAW, (1) THE GOODS DELIVERED TO YOU ARE FURNISHED “AS IS” BY MANUFACTURER OR SELLER AND (2) MANUFACTURER AND SELLER MAKE NO WARRANTIES, GUARANTEES, OR REPRESENTATIONS OF ANY KIND TO BUYER OR USER, EITHER EXPRESS OR IMPLIED, OR BY USAGE OF TRADE, STATUTORY OR OTHERWISE, WITH REGARD TO THE PRODUCT SOLD, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USE, OR ELIGIBILITY OF THE PRODUCT FOR ANY PARTICULAR TRADE USAGE. UNINTENDED CONSEQUENCES, INCLUDING BUT NOT LIMITED TO INEFFECTIVENESS, MAY RESULT BECAUSE OF SUCH FACTORS AS THE PRESENCE OR ABSENCE OF OTHER MATERIALS USED IN COMBINATION WITH THE GOODS, OR THE MANNER OF USE OR APPLICATION, INCLUDING WEATHER, ALL OF WHICH ARE BEYOND THE CONTROL OF MANUFACTURER OR SELLER AND ASSUMED BY BUYER OR USER. THIS WRITING CONTAINS ALL OF THE REPRESENTATIONS AND AGREEMENTS BETWEEN BUYER, MANUFACTURER AND SELLER, AND NO PERSON OR AGENT OF MANUFACTURER OR SELLER HAS ANY AUTHORITY TO MAKE ANY REPRESENTATION OR WARRANTY OR AGREEMENT RELATING IN ANY WAY TO THESE GOODS.

LIMITATION OF LIABILITY TO THE EXTENT CONSISTENT WITH APPLICABLE LAW, IN NO EVENT SHALL MANUFACTURER OR SELLER BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR DAMAGES IN THEIR NATURE OF PENALTIES

8 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 BU YER, 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 OR INSTRUCTIONS FOR USE, OF THE GOODS SOLD BY MANUFACTURER OR SELLER TO BUYER. TO THE EXTENT CONSISTENT WITH APPLICABLE LAW, ALL SUCH RISKS SHALL BE ASSUMED BY THE BUYER, USER, OR ITS CUSTOMERS. TO THE EXTENT CONSISTENT WITH APPLICABLE LAW, BUYER'S OR USER'S EXCLUSIVE REMEDY, AND MANUFACTURER'S OR SELLE R'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. (RV[mm/dd/yy])