crop-chem-docs/corpus/epa_ppls/228-156.md

RIVERDALE MCPA L.V. 4 ESTER

• EPA Reg No: 228-156
• Registrant: NUFARM AMERICAS, INC.
• Signal word: Warning
• Active ingredients: MCPA, 2-ethylhexyl ester (68.7%)
• Label accepted: 2008-09-17
• Source PDF: https://www3.epa.gov/pesticides/chem_search/ppls/000228-00156-20080917.pdf

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U.S. ENVmONMENTAL PROTECTION AGENCY Office of Pesticide Programs Registration Division (7S0SP) Ariel Rios Building 1200 Pennsylvania Ave., NW Washington, D.C. 20460 NOTICE OF PESTICIDE: _ Registration -L Reregistration (under FIFRA, as amended) Name and Address of Registrant (include ZIP Code): Nufann Americas, Inc. 150 Harvest Dr., Suite 200 Burr Ridge, Illinois 60521 · EPA Reg. Number: Date of Issuance: 228-156 Sf? 1 7 200B Term of Issuance: Name of Pesticide Product: MCPA L.V. 4 Ester On the basis of information furnished by the registrant, the above named pesticide is hereby registered/reregistered 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 reregistered in accordance with FIFRA section 4(g)(2)(C) provided you:

1. Submit and/or cite all data required for registration/reregistration review of your product when the Agency requires all registrants of similar products to submit data.
2. Per the acute toxicity review, the "IF SWALLOWED" statements must be revised to read: "IF SWALLOWED: Immediately call a poison control center or doctor. Do not induce vomiting unless told to by a poison control center or doctor. Do not give any liquid to the person. Do not give anything by mouth to an unconscious person." Based on toxicity ranking per the acute toxicity review, the First Aid statements should be placed on the label in the following order: "IF ON SKIN OR CLOTHING: ... IF SWALLOWED:. ' .. IF INHALED: .. . IF IN EYES: ... " Signature of Approving Official: r A.~ Joanne 1. Miller ~ Product Manager 23 Herbicide Branch Registration Division (7505P) EPA Fonn 8570-6 Date: Sf? 1 7 2OOe;

· . 2) Per the acute toxicity review, the Noteto Physician must be revised to read: "Note to Physician May pose an aspiration pneumonia hazard. Contains petroleum distillate." 3) Per the acute toxicity review, the Hazards to Humans and Domestic Animals must be revised to read: "WARNING May be fatal if absorbed through skin. Causes skin irritation. Harmful if swallowed. Do not get in eyes, on skin, or on clothing. Prolonged or frequently repeated skin contact may cause allergic reaction in some individuals." , 4) Separate PPE for WPS and Non-WPS uses is not acceptable. Per theacute toxicity review and the RED, the PPE section must be revised to read: "Some materials that are chemical-resistant to this product are made of barrier laminate, nitrile rubber, neoprene rubber, or viton. If you want more options, follow the instructions for category E on an EPA chemical-resistance category selection chart. Personal Protective Equipment (PPE): Pilots must wear: Long sleeved-shirt and long pants, and Shoes and Socks. Mixers, loaders and all other handlers must wear: Coveralls over short-sleeved and short pants, Socks and chemical-resistant footwear, and Chemical-resistant gloves. In addition to the above PPE, mixers.and loaders supporting aerial application to rangelands, pasture lands, or noncropland must also wear: -a chemical-resistant apron, and . -a NIOSH-approved respirator with a dust/mist filter with MSHAINIOSH approval number prefix TC-21 C or any N, R, P or HE filter. See engineering controls for additional requirements." 5) Per the RED, the following text must be added to the engineering control text currently on the label: "Pilots must use an enclosed cockpit that meets the requirements listed in the WPS for agricultural pesticides [40 CFR 170.240(d)(6)]." 6) Per the RED label table, the text in bold type below must be added to the following User Safety Requirements: " ... Ifno such instructions for washables exist, use detergent and hot water ... "

7. "This pesticide may be toxic to fish, aquatic invertebrates and aquatic plants," as originally required in the RED is not needed for MCP A and may be deleted from the Environmental Hazard section.

8. Per, the RED, the early entry PPE must be revised to read: "-Coveralls, -Shoes plus socks, and -Chemical-resistant gloves made of any waterproof material."

9. A Non-Agricultural Use Requirements box must be added to label with the following entry restriction text (that was erroneously omitted from the RED but must be added to the label): "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 product agricultural plants on farms, forests, nurseries, or greenhouses. Do not enter or allow others to enter the treated area until sprays have dried. "

10. Per the RED, the spray drift text must be revised to read: "SPRAY DRIFT MANAGEMENT Avoiding spray drift at the application site is the responsibility of the applicator. The interaction of many equipment and weather-related factors determine the potential for spray drift. The applicator and the grower are responsible for considering all these factors when making decisions. Apply only as a medium or coarser spray (ASAE standard 572) or a volume mean diameter of 300 microns or greater for spinning atomizer nozzles. Apply only when the wind speed is 2-10 mph at the application site. For aerial application: The boom length must not exceed 75% ofthe wingspan or 90% or the rotor blade diameter. Release spray at the lowest height consistent with efficacy and flight safety. Do not. release spray at a height greater than 10 feet above the crop canopy. When applications are made with a crosswind, the swath will be displaced downwind. The applicator must compensate for this displacement at the downwind edge ofthe application area by adjusting the path of the aircraft upwind. Do not make applications into temperature inversions. For ground boom application: "Do not apply with a nozzle height greater than 4 feet above the crop canopy."

11. The following revisions are needed to the Directions for use: Pasture/Grassland: Per the RED, the following rate restriction text must be added to the label "Do not apply more than 1.5 lb ae per acre per year. Do not apply more than 2 applications per year with a minimum retreatment interval of 21 days." Noncropland: Per the RED, the following rate restriction text must be added to the label "Do not apply more than 3.0 lbs ae per acre per year." Small grains: The rate restriction for small grains (barley, rye, wheat and oats) "Do not apply more than 1.75 pints (.8 lb ae) per acre per year" exceeds the rate of 0.75 lb ae per acre per year as specified in the RED. The label must be revised.

12. The Mep A RED erroneously omitted the rate restriction for occupational use to lawns and turfgrass. The tate restrictions appearing on the label for golf courses has to be revised to also apply to lawn and turfgrass.

13. It is unclear if this product is intended for sod farm use. If this product is not intended for sod farm use, the following text should be added to the label: "Not for use on turf grown for sale or other commercial use as sod, Or for r~search purposes."

14. Assure that the required acid equivalents per acre (lbs ae/ A) restrictions are expressed as product volume or product weight per unit area that are in the same units as the registered application rate already on the label. Assure that the maximum application restrictions are identical to the highest currently registered rate for each appropriate application site. A stamped copy of your labeling is enclosed for your records. Submit one copy of the revised final printed label for the record before you release the product for shipment. If these conditions are not complied with, the registration will be subject to cancellation in accordance with 'FIFRA sec, 6( e). Your release for shipment of the product constitutes acceptance of these conditions.

MCPA L. V. 4 Ester FOR THE SELECTIVE CONTROL OF BROADLEAF WEEDS IN FLAX, GRASSES, PASTURES, RANGELANDS, SMALL GRAINS, AND NON-CROP AREAS ACTIVE INGREDIENT: Isooctyl (2-ethylhexyl) Ester of 2-Methyl-4-Chlorophenoxyacetic Acid' _ ...................................... 68.7% OTHER INGREDIENTS: ............................................................................. 31.3% TOTAL: .......................... 100.0% Contains petroleum distillates Isomer Specific by AOAC Method, Equivalent to: '2-Methyl-4-Chlorophenoxyacetic Acid ..................................................... 44.1 %, 3.7 Ibs.lgaL KEEP OUT OF REACH OF CHILDREN WARNING - AVISO 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 EPA REG. NO. 228-156 EPA EST. NO. 228-IL-1 NET CONTENTS . For Chemical Spill, Leak, Fire, or Exposure, Call CHEMTREC (800) 424-9300 For Medical Emergencies Only, Call (877) 325-1840 ACCEPTED with COMMENTS In EPALetter Dated: Str 1 7 200S Under the Federal Insecticide, Fungicide. and Rodenticide ACi as amended, lor the pesticide registered under EPA Reg. No. MANUFACTURED BY NUFARM AMERICAS INC. BURR RIDGE, IL 60527 000228-00156.20060929.MCPA RED

" - PRECAUTIONARY STATEMENTS HAZARDS TO HUMANS AND DOMESTIC ANIMALS WARNING - AVISO May be fatal if absorbed through skin. Harmful if swallowed. Do not get in eyes, on skin, or on clothing. PERSONAL PROTECTIVE EQUIPMENT (PPE): NON-WPS USES: Applicators and other handlers who handle this pesticide for any use NOT covered by the Worker Protection Standard (40 CFR Part 170) -- in general, only agricultural plant uses are covered by the WPS -- must wear: protective clothing and rubber gloves. WPS USES: Personal Protective Equipment - Some materials that are chemical-resistant to this product are listed below. If you want more options, follow the instructions for category E on an EPA chemical resistance category selection chart. Applicators and other handlers who handle this pesticide for any use covered.by the Worker Protection Standard (40 CFR Part 170) - in general, agricultural plant uses are covered -- must wear: Long-sleeved shirt and long pants; chemical-resistant gloves when mixing, loading, or using any hand­ held equipment, shoes plus socks. Follow manufacturer's instructions for cleaning/maintaining Personal Protective Equipment (PPE). If no such instructions for washables, use detergent and hot water. Keep and wash PPE separately from other laundry. Engineering Controls 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-S)], the handler PPE requirements may be reduced or modified as specified in the WPS. 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. • 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 SWALLOWED • 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. IF INHALED • Move person to fresh air. • If person is not breathing, call 911 or an ambulance, then give artificial respiration, preferably by mouth- to-mouth, if possible. • Call a poison control center or doctor for further treatment advice. IF ON SKIN • Take off contaminated clothing. OR CLOTHING • Rinse skin immediately with plenty of water for 15 to 20 minutes. • Call a poison control center or doctor for treatment advice. IF IN EYES • Hold eye open and rinse slowly and gently with water for 15 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. 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 Probable mucosal damage may contraindicate the use of gastriC lavage. ' , ENVIRONMENTAL HAZARDS This pesticide may be toxic to fish, aquatic invertebrates and aquatic plants. Do not apply directly to water, to areas where S' 'r'3r I"ater is present, or to intertidal areas below the mean high water mark. Do not contaminate water when disposing of equipment washwater or:>insai8. [!rift and rUQo!fmy be hazardous to aquatic organisms in water adjacent to treated areas. Runoff of this product will be reduced by avoiding applications when rainfall i!. forecasted to occur within 48 hours.' ,. , . . . . This chemical has properties and characteristics associated with chemicals detected in groundwater. The use of this chemical in areas where SOliS a. e permeable, particularly where the water table is shallow, may result in groundwater contamination. Spray equipment used in applying this product should be thoroughly cleaned before using for any other purpose. Use repea\eJ dushing with soap and .' warm water or suitable chemical cleaner. It is best to use a separate sprayer for application of insecticides and fJ,mgicides. This product w::t :J.)r seriously injure many desirable forms 'of vegetation. Do not apply directly to flowers, fruits, grapes, tomatoes, ornamentals, colton or other dfir".t-Ie plants. Vapors from this product may injure susceptible plants in the immediate vicinity. Do not apply when weather conditions favor drift frorrl.tarQet 2

area. Avoid use of small-diameter nozzles.(Coarse sprays are less likely to drift.) Excessive amounts of this product in the soil may temporarily inhibit seed germination and plant growth. Most cases of groundwater contamination involving phenoxy herbicides such as MCPA have been associated with mixing/loading and disposal sites. Caution should be exercised when handling MCPA pesticides at such sites to prevent contamination of 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. For any requirements specific to your State or Tribe, consult the agency responsible for pesticide regulation. 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 (REI). 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. 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 over short-sleeved shirt and short pants, chemical-resistant gloves such as Barrier Laminate, Nitrile Rubber ~ 14 mils, Neoprene Rubber ~ 14 mils and Viton ~ 14 mils; chemical-resistant footwear plus socks, and chemical­ resistant headgear for overhead exposure. WEEDS CONTROLLED This product is effective on a large number of broadleaf weeds. The following are some of the weeds killed: On Mustard, Thistle, and White top or Hoary cress, it has superiority over 2,4-D. Beggarticks Field bindweed Burcucumber Galinsoga Burdock Goatsbeard Buttercup Canada thistle Carpetweed Catsear Chervil Cocklebur Croton Daisy Dandelion Dock Dragonhead mint Dwarf nettle Fanweed Fat hen Fennel Goldenrod Halbertleaved salt brush Hempnettle Hoary cress Honeysuckle Jimsonweed Knotweed Kochia Lambsquarters (Goosefoot) Marshelder Mexican poppy Miner's lettuce Narrow leaf plantain Nutgrass Pennycress Pepperweed Perennial. morningglory Perennial ragweed Pigweed Poison .hemlock Prickly lettuce Puncturevine Purslane Red root Redstem Shepherdspurse Sicklepod Small plantain Sneezeweed Sowthistle Spanish needle Stinging nettle Stinkweed SELECTIVE SPRAYING Sunflower Thornapple Tree-of-heaven Vetch Whitebrush Wild carrot Wild gooseberry Wild jute Wild marigold Wild petunia Wild radish Wild sage Witchweed Yellow charlock-mustard Yellow daisy Yellow rocket NOTE: When using on grains and flax - do not forage or graze dairy and meat animals on treated areas within seven days of slaughter. Also, except for small underseeded grains, use at least 8 to 10 gallons of water per acre for ground application and at least 3 to 5 gallons of water per acre for aerial application. SMALL GRAINS: Barley, Rye, Wheat (For small grains underseeded with legumes," see the small grains paragraph below.) Spring planted - not seeded to legumes. Apply as a water mix spray by ground sprayer or airplane. Use 0.5 to 1.5 pints of this product per acre for the more susceptible weeds and up to 1.75 pints per acre for less susceptible weeds. Treat when fully tiIIered grains have reached the 3 to 4-leaf stage (8 to 10 inchJc t::ii:J. Do not spray grain in the boot to dough stage. Fall planted - Fall application - not seeded to legumes. The safest time to treat is when fall planted small grains are fully tillered and have re?Ghpd tt>e 3 to 4-leaf to the boot stage (8 to 10 inches tall). Infestations of broadleaf weeds germinating in fall and winter may, however, justify treatmdnt at an earlier stage. Fall planted barley, rye or wheat can be sprayed with 1/2 to 1 pint of this product per acre from the 3 to 4-lx':;tJp to the boot st'ge. Spring application - Apply in early spring when annual broadleaf weeds are small and grain is fully tiIIered but before grain is inlhe ·'ointed stare SMALL GRAINS - Underse!!ded with Alfalfa, Birdsfoot Trefoil, Lespedeza, Red and White Clover: For emergency cC'ntml 'If srious inteti'ti'lPs· of Mustard, Yellow rocket, and other susceptible broadleaf weeds, apply 0.25 to 0.5 pint in not more than 5 to 10 gallons 0: watu per acre. Make application after cereal is well tiIIered (4 to 8 inches tall) and before reaching boot stage. The nurse crop and weeds should provide a protectir] carJpy which, together with the use of low gallonage applied at low pressure, will reduce the risk of damage to the legumes. UO P'lt apnly to small grains underseeded with vetch or sweet clover, which are very susceptible. There is also some risk to other legumes if only thinly rvtu,ed by a canopy. RESTRICTIONS AND LIMITATIONS FOR USE ON SMALL GRAINS Do not apply more than 1.75 pints per acre per year. 3

, ,. . OATS: Spray after oats are fully til/ered (4 to 6 inches tall) but before they are in the boot to dough stage. Apply the lower rate of 1/2 pint where annual weeds are the problem, the higher rate of 1 pint for perennial weeds. RESTRICTtONS AND LIMITATIONS FOR USE ON OATS Do not apply more than 1.75 pint per acre per year. FLAX: Use 0.25 to 0.5 pint per acre. Use lower rate where susceptible weeds such as Mustard are the main problem. Use higher rate when weeds such as Cocklebur, Lambsquarters, Pigweed, Ragweed and Stinkweed are Ihe problem. Apply only when weeds are up and when flax is 2 to 8 inches high and before it comes into bud. Treatment after early bud stage may result in severe damage. If Canada thistle is present, it may be necessary to go as high as 0.5 pint per acre to prevent seed head production. Some injury to ftax may result. . RESTRtCTfONS AND LIMITATIONS FOR USE ON FLAX Do not apply more than 0.5 pint per acre per year. RANGE AND TIMBERLANDS: For control of Whitebrush - Use 1-1/4 quarts in mixture of 1 gallon of diesel oil and sufficient water to make 8 gallons of solution per acre. Apply in spring or fall under good moisture conditions, full leaf, before blossoms begin to fall. GRASSES: Established Golf Courses, Lawns and similarTur! Grasses: Use 1 to 3 pints per acre in IOta 100 gallons of water to give thorough coverage. Use higher rate for White top and Canada thistle. On smaller areas, use 1 fluid ounce (4 tablespoonfuls) mixed in 3 to 5 gallons of water and apply uniformly over 2,000 square feet. Do not mow within 2 days before or after application. Spring and fall are best times to treat. Do not use on lawns of creeping grasses, such as bent, except for spot spraying, nor on freshly-seeded turf until the grass has become well established. RESTRICTIONS AND LIMITATIONS FOR USE ON GOLF COURSES Do not apply more than 3.25 pints per acre per year. Do not apply more than 2 applications per year with a minimum retreatmen! interval of 21 days. Established Grassland and Pastures: Use 1 to 3 pints per acre in sufficient water (10 to 100 gallons) in airplane or ground spray application and give thorough coverage. Use higher rate for Canada thistle, White top and other less easy-to-kill weeds. Spray perennials in early bud to full bloom stage and regrowth in fall; other weeds in spring or fall, when actively growing. Grasses Grown for Seed: Use 1 to 2 pints per acre in 5 to 50 gallons of water by air or ground sprayer application. Use higher rate where weed stands are heavy. In established grasses, apply in spring before head comes into boot stage and on seedling grass after grass has tiIIered. NOTE: For weed control in grasses, repeat treatment may be needed for less susceptible weeds. White clover and other legumes may be temporarily injured or killed. In some areas, bent, buffalo, carpet, centipede, dichondra and St. Augustine may also be injured by the treatment. RESTRICTIONS AND LIMITATIONS FOR USE ON GRASS GROWN FOR SEED Do not apply more than 3.25 pints per acre per year. Do not apply more than 2 applications per year with a minimum retreatment interval of 21·days. NON-CROP SPRAYING: Canada thistle, Meadow buttercup and White top. (In Non-Crop Areas such as Fence rows, Rights-of-way, Roadsides and similar places): For spot treatment use 1/4 pint to 3 to 4 gallons of water or 3/4 gallon per acre in 12 to 20 gallons of water to give coverage for most extensive areas. Spray to wet weeds thoroughly when in bud to early bloom and again on fall regrowth. SPRAY DRIFT Avoiding spray drift at the application site is the responsibility of the applicator. The interaction of many equipment-and-weather­ related factors determine the potential for spray drift. The applicator and the grower are responsibtefor considering all these factors when making decisions. Apply only as a medium or coarser spray (ASAE standard 572) or a volume mean diameter of 300 microns or greater for spinning atomizer nozzles. Apply only when the wind speed is 2 to 10 mph at the application site. STORAGE AND DISPOSAL Do not contaminate water, food or feed by storage or disposal. PESTICIDE STORAGE: Always store pestici.des in a secured warehouse or storage building. Do not store near open containers of fertilizer, seed or other pesticides. Containers should be opened in well-ventitated areas. Keep container tightly sealed when not in use. Do not stack cardboard cases more than two pallets high .. PESTICIDE DISPOSAL: Wastes resulting from the use of this product may be disposed of on site or at an approved ·.aste', disposal facility. If container is damaged or if pesticide has leaked, contain all spillage. Absorb and clean up all spilled mrterlal I With granules or sand. Place In a closed labeled container for proper disposal: CONTAINER DISPOSAL: Triple rinse (or equivalent). Then offer for recycling or reconditioning, or puncture and disposf" of in a sanitary landfill, or by other procedures approved by State and local authorities. WARRANTY DISCLAIMER , The directions for use of this product must be followed carefully. THE GOODS DELIVERED TO YOU ARE FI IPNISHED u,\C:; J!"" BY MANUFACTURER OR SELLER. TO THE EXTENT PERMITTED BY LAW, MANUFACTURER AT ·3::::"'LER MAI'E N'J WARRANTIES, GUARANTEES, OR.REPRESENTATIONS OF ANY KIND TO BUYER OR USER, EITHER [:i'r.[SS OR IMPLI:::D, OR BY USAGE OF TRADE, STATUTORY OR OTHERWISE, WITH REGARD TO THE PRODUCT SOLD, INCLUDING, BUT !II(IT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USE, OR ELIGIBILITY OF THE PRODUT FqR 4

ANY PARTICULAR TRADE USAGE. UNINTENDED CONSEQUENCES, INCLUDING BUT NOT LIMITED TO CROP INJURY OR 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 PERMITTED BY LAW, IN NO EVENT SHALL MANUFACTURER OR SELLER 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. 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 OR INSTRUCTIONS FOR USE, OF THE GOODS SOLD BY MANUFACTURER OR SELLER TO BUYER. 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. ALL SUCH RISKS SHALL BE ASSUMED BY THE BUYER, USER, OR ITS CUSTOMERS. If you do not agree with or do not accept any of 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. (RV092906) 5