a97107de46
Image rebuild (skip scrape) / build (push) Failing after 1h37m12s
Dockerfile: self-contained image with corpus + Chroma + BM25 baked in. Drawbar's compose pulls + runs without volume mounts. Built from sources.json (labels schema), PRODUCT_NAME=crop_chem by default, HYBRID_SEARCH=true (always-on for production quality). RERANK_URL + OLLAMA_URL get set at compose time. .gitea/workflows/refresh.yml: monthly cron (1st @ 06:00 UTC) does full scrape → reindex → image push. Scrapes Bayer (~30 min) + EPA PPLS row-crop filtered (~7h). Skips reindex+push if no corpus diff. Tags pushed: :latest, :<sha12>, :corpus-<YYYY.MM.DD>. .gitea/workflows/image-only.yml: on-demand or auto on code-only pushes to main (paths: docs_mcp/, rag/, scrape/, requirements.txt, Dockerfile, sources.json). Reindexes from committed corpus, builds image, pushes. ~10 min vs ~9h full refresh. .gitignore: corpus/ now COMMITTED (4,159 labels, 265 MB of .md + sidecars). Lets image-only.yml rebuild indexes without re-scraping. chroma/ + bm25/ still gitignored (regenerable binary indexes). .dockerignore: drops venv, eval results, PLAN/README/CLAUDE.md, deploy/, .git/ — keeps the image lean. corpus + chroma + bm25 explicitly NOT in dockerignore (those go INTO the image). Co-Authored-By: Claude Opus 4.7 (1M context) <noreply@anthropic.com>
947 lines
48 KiB
Markdown
947 lines
48 KiB
Markdown
# KOCHIAVORE
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- EPA Reg No: **1381-258**
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- Registrant: WINFIELD SOLUTIONS, LLC
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- Signal word: Caution
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- Active ingredients: 2,4-D, 2-ethylhexyl ester (25.93%); Bromoxynil octanoate (25.13%); Fluroxypyr 1-methylheptyl ester (10%)
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- Label accepted: 2022-12-19
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- Source PDF: https://www3.epa.gov/pesticides/chem_search/ppls/001381-00258-20221219.pdf
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---
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
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WASHINGTON, DC 20460
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OFFICE OF CHEMICAL SAFETY
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AND POLLUTION PREVENTION
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December 19, 2022
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Diana Williams
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Registration Specialist
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Winfield Solutions, LLC
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P.O. Box 64589
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St. Paul, MN 55164-0589
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Subject: Registration Review Label Amendments Incorporating Mitigation Measures from
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the Interim Decisions for Bromoxynil and Fluroxypyr and the National Marine
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Fisheries Services’ (NMFS) Biological Opinion on the Effects of Bromoxynil on
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Pacific Salmonids
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Product Name: KOCHIAVORE
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EPA Registration Number: 1381-258
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Application Dates: 9/8/21, 9/17/2021, and 2/24/2022
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Decision Numbers: 578355, 578556, and 589109
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Dear Diana Williams:
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The Agency, in accordance with the Federal Insecticide, Fungicide and Rodenticide Act
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(FIFRA), as amended, has completed reviewing all the information submitted with your
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application to support the Registration Review of the above referenced product in connection
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with the Bromoxynil and Fluroxypyr Interim Decisions. The Agency has concluded that your
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submission is acceptable.
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This letter also addresses the label mitigation resulting from the NMFS’ Biological Opinion on
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the effects of Bromoxynil on Pacific salmonids. The Agency has concluded that your submission
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is also acceptable. The label referred to above, submitted in connection with registration under
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FIFRA, as amended, is acceptable.
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Should you wish to add/retain a reference to the company’s website on your label, then please be
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aware that the website becomes labeling under the Federal Insecticide Fungicide and Rodenticide
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Act and is subject to review by the Agency. If the website is false or misleading, the product
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would be misbranded and unlawful to sell or distribute under FIFRA section 12(a)(1)(E). 40
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CFR 156.10(a)(5) list examples of statements EPA may consider false or misleading. In addition,
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regardless of whether a website is referenced on your product’s label, claims made on the
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website may not substantially differ from those claims approved through the registration process.
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Therefore, should the Agency find or if it is brought to our attention that a website contains false
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or misleading statements or claims substantially differing from the EPA approved registration,
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the website will be referred to the EPA’s Office of Enforcement and Compliance.
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Page 2 of 2
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EPA Reg. No. 1381-258
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Decision No. 578355, 578556, and 589109
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A stamped copy of your labeling is enclosed for your records. This labeling supersedes
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all previously accepted labeling. You must submit one copy of the final printed labeling
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before you release the product for shipment with the new labeling. In accordance with 40
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CFR 152.130(c), you may distribute or sell this product under the previously approved
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labeling for 12 months from the date of this letter. After 12 months, you may only
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distribute or sell this product if it bears this new revised labeling or subsequently
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approved labeling. “To distribute or sell” is defined under FIFRA section 2(gg) and its
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implementing regulation at 40 CFR 152.3.
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If you have any questions about this letter, please contact Quinn Gavin at gavin.quinn@epa.gov.
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Sincerely,
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Linda Arrington, Branch Chief
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Risk Management and Implementation Branch 4
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Pesticide Re-Evaluation Division
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Office of Pesticide Programs
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Enclosure
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1
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2,4-D, FLUROXYPYR GROUP 4 HERBICIDE
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BROMOXYNIL GROUP 6 HERBICIDE
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Kochiavore®
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FOR SELECTIVE POSTEMERGENCE CONTROL OF BROADLEAF WEEDS
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IN WHEAT, BARLEY, CORN, SORGHUM, NON-CROPLAND AREAS,
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CONSERVATION RESERVE PROGRAM LAND AND FALLOWLAND
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DO NOT APPLY TO RESIDENTIAL AREAS
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ACTIVE INGREDIENTS:
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2-ethylhexyl ester of 2,4-dichlorophenoxyacetic acid1 ……………………………. 25.93%
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Octanoic acid ester of bromoxynil (3,5-dibromo-4-hydroxybenzonitrile)2 ………. 25.13%
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Fluroxypyr 1-methylheptyl ester ((4-amino-3,5-dichloro-6-fluoro-2-
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pyridinyl)oxy) acetic acid, 1-methylheptyl ester3 ……………………….. 10.00%
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OTHER INGREDIENTS: …………………………………………………………… 38.94%
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TOTAL ……………………………………………………………………………… 100.00%
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Contains petroleum distillates
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Equivalent to: 1 2,4-dichlorophenoxyacetic acid 17.26%, 1.67 lb/gal
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2 Bromoxynil 17.26%, 1.67 lb/gal
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3 Fluroxypyr acid 6.94%, 0.67 lb/gal
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KEEP OUT OF REACH OF CHILDREN
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CAUTION
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FIRST AID
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If swallowed x Immediately call a poison control center or doctor.
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x Do not induce vomiting unless told to by a poison control center or doctor.
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x Do not give any liquid to the person.
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x Do not give anything by mouth to an unconscious person.
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If in eyes x Hold eye open and rinse slowly and gently with water for 15 to 20 minutes.
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x Remove contact lenses, if present, after the first 5 minutes, then continue rinsing eye.
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x Call a poison control center or doctor for treatment advice.
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If on skin or
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clothing
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x Take off contaminated clothing.
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x Rinse skin immediately with plenty of water for 15 to 20 minutes.
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x Call a poison control center or doctor for treatment advice.
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HOT LINE NUMBER: Have the product container or label with you when calling a poison control center or doctor, or going
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for treatment. In case of health emergency, call toll-free 1-877-424-7452.
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NOTE TO PHYSICIAN: May pose an aspiration pneumonia hazard. Contains petroleum distillate.
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See booklet for additional PRECAUTIONARY STATEMENTS, COMPLETE DIRECTIONS FOR USE, WARRANTY
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DISCLAIMER AND LIMITATION OF LIABILITY.
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EPA Reg. No. 1381-258 EPA Est. No. 42750-MO-001
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Distributed By NET CONTENTS 2.5 GALLONS
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Winfield Solutions, LLC
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P.O. Box 64589, St. Paul, MN 55164-0589
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2/1208/2R
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12/19/2022
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1381-258
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2
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PRECAUTIONARY STATEMENTS
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HAZARDS TO HUMANS AND DOMESTIC ANIMALS
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CAUTION: Harmful if swallowed. Causes moderate eye irritation. Avoid contact with eyes, skin or clothing.
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Wash thoroughly with soap and water after handling and before eating, drinking, chewing gum, using
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tobacco or using the toilet. Remove and wash contaminated clothing before reuse.
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PERSONAL PROTECTIVE EQUIPMENT (PPE):
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Some materials that are chemical-resistant to this product are listed below.
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All mixers, loaders, applicators, flaggers, and other handlers must wear:
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x Long-sleeved shirt and long pants
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x Chemical-resistant gloves made of barrier laminate, butyl rubber (> 14 mils), nitrile rubber (> 14 mils),
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or viton (> 14 mils)
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x Chemical-resistant apron when mixing or loading, cleaning equipment, cleaning up spills, or otherwise
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exposed to the concentrate
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x Shoes plus socks
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Discard clothing and other absorbent materials that have been drenched or heavily contaminated with this
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product’s concentrate. Do not reuse them. Follow manufacturer’s instructions for cleaning/maintaining
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PPE. If no such instructions fo r washables exist, use detergent and hot wate r. Keep and wa sh PPE
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separately from other laundry.
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To reduce exposure to residues, wash the spray rig, tractor, and all other equipment used to handle or
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apply this product with water daily or before using the equipment for any other purpose.
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ENGINEERING CONTROLS: When handlers use closed systems, enclosed cabs, or aircraft in a manner
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that meets the requirements listed in the Worker Protection Standard (WPS) for agricultural pesticides [40
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CFR 170.240 (d) (4-6)], the handler PPE may be reduced or modified as specified in the WPS. Pilots must
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use an enclosed cockpit that meets the requirements listed in the WPS for agricultural pesticides [40 CFR
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170.240(d)(6)]
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Handlers must use closed mixing loading systems during mixing/loading liquids for aerial applications to
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fallow land and high-acreage field crops.
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USER SAFETY RECOMMENDATIONS
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Users should:
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• Wash hands before eating, drinking, chewing gum, using tobacco or using the toilet.
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• Remove clothing/PPE immediately if pesticide gets inside. Then wash thoroughly and put on clean
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clothing. If pesticide gets on skin, wash immediately with soap and water.
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• Remove PPE immediately after handling this product. Wash the outside of gloves before removing. As
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soon as possible, wash thoroughly and change into clean clothing.
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ENVIRONMENTAL HAZARDS
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This pesticide is toxic to fish and aquatic invertebrates. Do not apply directly to water, or to areas where
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surface water is present or to intertidal areas below the mean high water mark. Do not contaminate water
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when cleaning equipment or disposing of equipment washwater or rinsate. Drift and runoff may be
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hazardous to aquatic organisms in water adjacent to treated areas.
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This chemical has properties and characteristics associated with chemicals detected in groundwater. The
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use of this chemical in areas where soils are permeable, particularly where the water table is shallow, may
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result in groundwater contamination. Application around a cistern or well may result in contamination of
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drinking water or groundwater.
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NON-TARGET ORGANISM ADVISORY: This product is toxic to plants and may adversely impact the
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forage and habitat of non-target organisms, including pollinators, in areas adjacent to the treated site.
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Protect the forage and habitat of non-target organisms by following label directions intended to minimize
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spray drift.
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3
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Reporting Ecological Incidents:
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To report ecological incidents, including mortality, injury, or harm to plants and animals, call 1-855-494-
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6343.
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PHYSICAL AND CHEMICAL HAZARDS
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Do not mix or allow coming in contact with oxidizing agent. Hazardous chemical reaction may occur.
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DIRECTIONS FOR USE
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It is a violation of Federal law to use this product in a manner inconsistent with its labeling.
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Do not apply this product in a way that will contact workers or other persons, either directly or through drift.
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Only protected handlers may be in the area during application. For any requirement specific to your State
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or Tribe, consult the agency responsible for pesticide regulation.
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Endangered Species Protection Requirements:
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It is a Federal offense to use any pesticide in a manner that results in an unauthorized “take” (e.g., kill or
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otherwise harm) of an endangered species and certain threatened species, under the Endangered Species
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Act section 9. When using this product, you must follow the measures contained in the Endangered Species
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Protection Bulletin for the area in which you are applying the product. You must obtain a Bulletin no earlier
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than six months before using this product. To obtain Bulletins, consult http://www.epa.gov/espp/, call 1-
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844-447-3813, or email ESPP@epa.gov. You must use the Bulletin valid for the month in which you will
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apply the product.
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AGRICULTURAL USE REQUIREMENTS
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Use this product only in accordance with its labeling and with the Worker Protection Standard, 40 CFR Part
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170. This standard contains requirements for the protection of agricultural workers on farms, forests,
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nurseries, and greenhouses, and handlers of agricultural pesticides. It contains requirements for training,
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decontamination, notification, and emergency assistance. It also contains specific instructions and
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exceptions pertaining to the statements on this label about personal protective equipment (PPE) and
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restricted-entry intervals. The requirements in this box only apply to uses of this product that are covered
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by the Worker Protection Standard.
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Do not enter or allow worker entry into treated areas during the restricted-entry interval (REI) of 24 hours,
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except for corn and grass. For corn and grass, do not enter or allow worker entry into treated areas during
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the restricted-entry interval (REI) of 2 days.
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PPE required for early entry to treated areas that is permitted under the Worker Protection Standard and
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that involves contact with anything that has been treated, such as plants, soil, or water, is coveralls,
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chemical-resistant gloves made of barrier laminate, butyl rubber (> 14 mils), nitrile rubber (> 14 mils), or
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viton (> 14 mils), shoes plus socks, and protective eyewear.
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NON-AGRICULTURAL USE REQUIREMENTS
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The requirements in this box apply to uses of this product that are NOT within the scope of the Worker
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Protection Standard for agricultural pesticides (40 CFR part 170). The WPS applies when this product is
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used to produce agricultural plants on farms, forests, nurseries, or greenhouses.
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Do not enter or allow people (or pets) to enter the treated area until sprays have dried.
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USE INFORMATION
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Kochiavore is an emulsifiable concentrate that provides selective postemergence control of broadleaf
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weeds in wheat, barley, corn and sorghum and non-cropland areas, including Conservation Reserve
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Program land and fallowland.
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4
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WEED RESISTANCE MANAGEMENT
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Kochiavore is a premix of two Group 4 and one Group 6 herbicides. Any weed population may contain
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plants naturally resistant to Group 4 and/or Group 6 herbicides. The resistant biotypes may dominate the
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weed population if these herbicides are used repeatedly in the same field. Appropriate resistance-
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management strategies should be followed.
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To delay herbicide resistance, take one or more of the following steps:
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x Rotate the use of this product or other Group 4 and Group 6 herbicides, within a growing season
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sequence or among growing seasons, with different herbicide groups that control the same weeds in
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a field.
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x Use tank mixtures with herbicides from a different group if such use is permitted; where information
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on resistance in target weed species is available use the less resistance-prone partner at a rate that
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will control the target weed(s) equally as well as the more resistance-prone partner. Consult your
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local extension service or certified crop advisor if you are unsure as to which active ingredient is
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currently less prone to resistance.
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x Adopt an integrated weed-management program for herbicide use that includes scouting and uses
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historical information related to herbicide use and crop rotation, and that considers tillage (or other
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mechanical control methods), cultural (e.g., higher crop seeding rates; precision fertilizer application
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method and timing to favor the crop and not the weeds), biological (weed-competitive crops or
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varieties) and other management practices.
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x Scout fields prior to application to identify the weed species present and their growth stage to
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determine if the intended application will be effective.
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x Scout fields after herbicide application to monitor weed populations for early signs of resistance
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development. Indicators of possible herbicide resistance include:
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o Failure to control a weed species normally controlled by the herbicide at the dose applied,
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especially if control is achieved on adjacent weeds.
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o A spreading patch of non-controlled plants of a particular weed species.
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o Surviving plants mixed with controlled individuals of the same species.
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If resistance is suspected, prevent weed seed production in the affected area by an alternative
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herbicide from a different group or by a mechanical method such as hoeing or tillage. Prevent
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movement of resistant weed seeds to other fields by cleaning harvesting and tillage equipment when
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moving between fields, and planting clean seed.
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x If a weed pest population continues to progress after treatment with this product, discontinue use of
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this product, and switch to another management strategy or herbicide with a different mode of action,
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if available.
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x Contact your local extension specialist, certified crop advisors, and/or Winfield Solutions, LLC
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representative for pesticide resistance management and/or integrated weed management
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recommendations for specific crops and resistant weed biotypes.
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x For further information or to report suspected resistance, contact your Winfield Solutions, LLC
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representative.
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USE RESTRICTIONS
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x For Crop Uses: Do NOT apply more than 1.5 pints (0.31 lb. AE 2,4-D; 0.31 lb. AE bromoxynil; 0.13 lb. AE fluroxypyr)
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of this product per acre per application.
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x For Non-Cropland Uses: Unless otherwise noted for a specific non-cropland use, Do NOT apply more
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than 2.4 pints (0.5 lb. AE 2,4-D, 0.5 lb. AE bromoxynil, 0.2 lb. AE fluroxypyr) of this product per acre per year.
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x When applying this product, do not contaminate water used for domestic purposes or irrigation ditches.
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x Do not allow spray drift to come in contact with or apply this product directly to susceptible broadleaf
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plants or broadleaf crops, including but not limited to the following: alfalfa, canola, cotton, edible beans,
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grapes, lentils, lettuce, mustard, peas, potatoes, radishes, soybeans, sugar beets, sunflowers, tobacco
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or tomatoes.
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x 2,4-D esters may volatize during conditions of low humidity and high temperatures. Do not apply during
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conditions of low humidity and high temperatures.
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x Do not apply this product through any type of irritation system (i.e., chemigation).
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x A 30 day Plant Back Interval (PBI) is required for all crops listed on this label or Federally approved
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supplemental labeling. A 120 day PBI is required for all other crops not listed on the label.
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5
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x Only apply this product if the wind direction favors on-target deposition and there are not sensitive
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areas (including, but not limited to, residential areas, bodies of water, known habitat for non-target
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species, non-target crops) within 250 feet downwind.
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x Aerial application to fallowland is prohibited within 250 feet of residential areas (e.g., homes, schools,
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playgrounds, shopping areas, hospitals, etc.).
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x In non-cropland areas (including rights-of-way), this product may be applied aerially only by helicopter.
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Do NOT apply this product to non-cropland areas using fixed-wing aircraft.
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x Handlers must use closed mixing loading systems during mixing/loading liquids for aerial applications
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to fallow land and high-acreage field crops.
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x Do not apply with backpack or hand-held application equipment.
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x Do not apply to playgrounds, schoolyards, or other residential turfgrass areas, including golf courses,
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putting greens, or tees.
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x Do not use this product on sod farms.
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x Holding time restriction: This product is persistent and may be present in plant materials for over 30
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days after application. Do not use treated plant material or manure from animals that have grazed or
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consumed forage from treated areas for compost, mulch, or mushroom spawn until 30 days after
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application.
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x Livestock cleanout period: Animals that have been fed fluroxypyr treated forage must be fed forage
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free of fluroxypyr for at least 3 days before they are moved off the treated property.
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MANDATORY SPRAY DRIFT MANAGEMENT
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Ground Boom Applications
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x User must only apply with the release height recommended by the manufacturer, but no more than 4
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feet above the ground or crop canopy.
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x Do not apply when wind speeds exceed 10 miles per hour at the application site.
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x Do not apply during temperature inversions.
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||
x Apply only as a Medium or coarser spray (ASABE S572.1) or a volume median diameter of 300
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microns or greater for spinning atomizer nozzles.
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x If applying a Medium spray, leave one swath unsprayed at the downwind edge of the treated field.
|
||
|
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Aerial Applications
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||
x Do not release spray at a height greater than 10 ft above the ground or vegetative canopy unless a
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greater application height is necessary for pilot safety.
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x Applicators must use one swath displacement upwind at the downwind edge of the field.
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x Do not apply when wind speeds exceed 10 miles per hour at the application site.
|
||
x Apply only as a Medium or coarser spray (ASABE S572.1) or a volume median diameter of 300
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microns or greater for spinning atomizer nozzles.
|
||
x The distance of the outer most nozzles on the boom must not exceed 75% of the length of the
|
||
wingspan or 90% of the rotor diameter.
|
||
x Do not apply during temperature inversions.
|
||
|
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|
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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 or under unfavorable environmental conditions.
|
||
|
||
Controlling Droplet Size – Ground Boom
|
||
• 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.
|
||
|
||
6
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||
|
||
|
||
• Pressure - Use the lowest spray pressure recommended for the nozzle to produce the target spray volume
|
||
and droplet size.
|
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|
||
• Spray Nozzle - Use a spray nozzle that is designed for the intended application. Consider using nozzles
|
||
designed to reduce drift.
|
||
|
||
Controlling Droplet Size – Aircraft
|
||
• Adjust Nozzles - Follow nozzle manufacturers’ recommendations for setting up nozzles. Generally, to
|
||
reduce fine droplets, nozzles should be oriented parallel with the airflow in flight.
|
||
|
||
BOOM HEIGHT – Ground Boom
|
||
For ground equipment, the boom should remain level with the crop and have minimal bounce.
|
||
|
||
RELEASE HEIGHT - Aircraft
|
||
Higher release heights increase the potential for spray drift.
|
||
|
||
SHIELDED SPRAYERS
|
||
Shielding the boom or individual nozzles can reduce spray drift. Consider using shielded sprayers. Verify
|
||
that the shields are not interfering with the uniform deposition of the spray on the target area.
|
||
|
||
Boomless Ground Applications
|
||
Setting nozzles at the lowest effective height will help to reduce the potential for spray drift.
|
||
|
||
Handheld Technology Applications
|
||
Take precautions to minimize spray drift.
|
||
|
||
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.
|
||
|
||
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.
|
||
|
||
MIXING INSTRUCTIONS
|
||
This product may be tank mixed with other products at specified rates as long as tank mixing is not
|
||
prohibited by the label(s) of the tank mix partner products, or as otherwise noted within the specific crop
|
||
use directions for this product, and the tank mix partner products are labeled for the timing and method of
|
||
application for the use site to be treated. If compatibility with another product is not known, perform a (jar)
|
||
test to determine compatibility (see below).
|
||
|
||
This product can be mixed with some liquid fertilizers or liquid iron materials. Because liquid fertilizers and
|
||
liquid iron differ in pH, free ammonia content, density, salt concentration and percentage of water, a
|
||
compatibility test (see below) is recommended prior to mixing in the application equipment. All regulations,
|
||
either State or Federal, relating to the application of liquid fertilizers or liquid iron and this product must be
|
||
strictly followed.
|
||
|
||
7
|
||
|
||
|
||
Tank Mixing Precautions
|
||
x Follow all applicable directions, restrictions and precautions that appear on the respective tank mix
|
||
product labels.
|
||
x Do not exceed specified application rates. Do NOT tank mix with other pesticide products that
|
||
contain the same active ingredient as this product unless the label of either mix partner specifies
|
||
the maximum dosages that may be applied.
|
||
x Prior to final use, perform a (jar) test to verify the compatibility of tank mix partner products (see
|
||
below).
|
||
|
||
Tank Mix Compatibility (Jar) Test
|
||
The following jar test is recommended prior to tank mixing to ensure the compatibility of this product with
|
||
other tank mix partner products:
|
||
1) Mix the desired tank mix ingredients in their relative proportions in a clear glass quart jar with lid.
|
||
2) Invert the jar containing the mixture several times and observe the mixture for approximately 1/2 hour.
|
||
3) If the mixture balls-up, forms flakes, sludges, gels, oily films or layers, or other precipitates, it is
|
||
not
|
||
compatible and the tank mix combinations should not be used.
|
||
|
||
Tank Mixing Instructions
|
||
Note: When adding ingredients to the mixture, allow time for each ingredient to be thoroughly mixed before
|
||
adding the next.
|
||
|
||
1. Fill spray tank with water equal to 1/4 to 1/3 of the required spray volume and start agitation.
|
||
2. Maintain agitation continuously during mixing, final filling and while applying.
|
||
3. Add different formulation types in the following order, being certain to allow sufficient time for each
|
||
product to completely mix and disperse after addition. Kochiavore is an emulsifiable concentrate
|
||
(EC) formulation.
|
||
a) dry flowables
|
||
b) wettable powders
|
||
c) aqueous suspensions
|
||
d) flowables or liquids
|
||
4. Maintain agitation and fill spry tank to 3/4 of total spray volume and then add this product, other
|
||
emulsifiable concentrates and any solutions.
|
||
5. Finish filling the spray tank.
|
||
|
||
While spraying, the tank mix ingredients may settle out of suspension if agitation is stopped before the
|
||
spray tank is empty. The settled materials must be resuspended before any spraying is resumed. Note that
|
||
settled material may be more difficult to resuspend than when originally mixed.
|
||
|
||
|
||
APPLICATION TIMING
|
||
Only weeds that have emerged at the time of application will be controlled, therefore, be certain to apply to
|
||
actively growing weeds. Weed control may be reduced and the risk of crop injury (at all stages of growth)
|
||
may increase if extreme growing conditions (such as drought or near-freezing temperatures) occur prior to,
|
||
at, or following application. Control may be decreased if target plant foliage is wet at the time of application.
|
||
Applications of this product are rainfast within 1 hour after application.
|
||
|
||
Effect of Temperature on Herbicidal Activity
|
||
The herbicidal activity of this product is influenced by weather conditions. Optimum herbicidal activity
|
||
requires active plant growth and temperatures between 55°F to 75°F. Reduced efficacy will occur when
|
||
temperatures are below 45°F or above 85°F. Weed control and crop tolerance may be reduced if frost
|
||
occurs before or shortly after application (3 days).
|
||
|
||
SPRAY COVERAGE
|
||
Use sufficient spray volume to provide thorough coverage and a uniform spray pattern. For best results
|
||
(and to minimize spray drift), apply in a spray volume of 8 gallons or more per acre by ground and 3 or
|
||
more gallons of total spray volume per acre by air. Spray volume should be increased as weed density and
|
||
vegetative canopy increase in order to obtain equivalent weed control; however, do not exceed 40 gallons
|
||
|
||
8
|
||
|
||
per acre total spray volume. Rather than increasing boom pressure, decrease spraying speed or use larger
|
||
nozzle tips to increase spray volume.
|
||
|
||
Use only nozzle types and spray equipment designed for herbicide application. To reduce spray drift, be
|
||
certain to follow the precautions under the heading, “Spray Drift Management”.
|
||
|
||
Adjuvants
|
||
Unless otherwise noted within the specific crop and non-cropland use directions, a high-quality adjuvant
|
||
may be used to improve weed control. An adjuvant can optimize herbicidal activity when applications are
|
||
made at lower carrier volumes, under conditions of cool temperature, low relative humidity or drought, or to
|
||
small, heavily pubescent kochia. When an adjuvant is to be used with this product, Winfield Solutions,
|
||
LLC recommends the use of a Council of Producers & Distributors of Agrotechnology (CPDA) certified
|
||
adjuvant.
|
||
|
||
Spot Treatments
|
||
Only apply using a calibrated boom sprayer using the directions below. Application rates in the table below
|
||
are based on an area of 1,000 square feet.
|
||
|
||
Do not apply with backpack or hand-held application equipment.
|
||
|
||
Mix the amount of this product (fluid ounces or ml) corresponding to the desired broadcast rate in one or
|
||
more gallons of spray. To calculate the amount of this product required for larger areas, multiply the table
|
||
value (fluid ounces or ml) by the area to be treated in “thousands” of square feet. An area of 1,000 square
|
||
feet is approximately 10.5 X 10.5 yards (strides) in size.
|
||
|
||
For example: If the area to be treated is 3,500 square feet, multiply the table value by 3.5 (calc. 3,500 ÷
|
||
1,000 + 3.5).
|
||
|
||
Broadcast Rate Conversion Table for Spot Treatments
|
||
Broadcast Rate
|
||
(Pints per Acre)
|
||
Kochiavore per Gallon
|
||
(Fluid Ounces (ml))
|
||
1
|
||
(0.21 lb. AE 2,4-D; 0.21 lb. AE bromoxynil; 0.08 AE fluroxypyr)
|
||
0.37 (10.9)
|
||
1-1/2
|
||
(0.31 lb. AE 2,4-D; 0.31 lb. AE bromoxynil; 0.13 lb. AE fluroxypyr)
|
||
0.55 (16.3)
|
||
2-2/5 (Non-Cropland Use Only)
|
||
(0.5 lb. AE 2,4-D, 0.5 lb. AE bromoxynil and 0.2 lb. AE fluroxypyr)
|
||
0.88 (26.1)
|
||
|
||
|
||
APPLICATION RATES
|
||
In general, the application rates at the lower end of the specified rate range will be efficacious when applied
|
||
to susceptible weed species with young, succulent growth. Use the higher rates within the rate range when
|
||
applying to less sensitive species, perennials, and under conditions where control is more difficult (e.g.,
|
||
when plants are stressed due to drought or extreme temperatures, in dense weed stands and/or the weeds
|
||
are larger). The higher rates will also be needed to control or suppress weeds in areas where competition
|
||
from crops is not present (e.g., fallowland).
|
||
|
||
SPRAYER CLEANUP
|
||
To avoid injury to desirable plants, before applying other chemicals with the equipment used to apply this
|
||
product, all equipment must be thoroughly cleaned.
|
||
1. After applying this product, flush and rinse application equipment with water thoroughly, disposing
|
||
of the water according to the disposal instructions in this label. All rinse water must be disposed of
|
||
in compliance with local, state and federal guidelines.
|
||
2. Hose down the interior surfaces of the tank, flushing the tank, hoses, boom and nozzles with clean
|
||
water for 10 minutes.
|
||
3. Fill the tank with water and recirculate for 15 minutes.
|
||
4. Spray part of the mixture through the hoses, boom and nozzles and drain the tank.
|
||
5. Remove the nozzles and screens and clean separately.
|
||
|
||
9
|
||
|
||
6. If the spray equipment will be used on crops other than those labeled for this product, repeat steps
|
||
1 and 2 and thoroughly wash the outside of spray tank and the boom.
|
||
|
||
|
||
APPLICATION INFORMATION
|
||
Broadleaf Weeds Controlled or Suppressed
|
||
Arrowhead
|
||
Bedstraw (cleavers)
|
||
Bindweed, field†
|
||
Bindweed, hedge
|
||
Buckwheat, wild
|
||
Canola, volunteer
|
||
Chickweed
|
||
Clover, white
|
||
Cocklebur
|
||
Cockle, cow
|
||
Coffeeweed
|
||
Devilsclaw
|
||
|
||
Fiddleneck
|
||
Flax, volunteer
|
||
Frenchweed
|
||
Goatsbeard
|
||
Gumweed
|
||
Hemp dogbane
|
||
Horsetail, field
|
||
†
|
||
Horseweed (marestail)
|
||
Jimsonweed
|
||
Knotweed
|
||
Kochia
|
||
1
|
||
Lambsquarter
|
||
Mallow, common†
|
||
Mallow, venice
|
||
Marshelder
|
||
Morningglory
|
||
Mustard spp.
|
||
|
||
|
||
Nightshade spp†.
|
||
Pennycress, field
|
||
Pigweed spp.
|
||
Plantain
|
||
Potato, volunteer†
|
||
Prickly lettuce
|
||
Prickly pear cactus
|
||
Puncturevine
|
||
Purslane, common
|
||
Ragweed, common
|
||
Smartweed, annual
|
||
Sunflower
|
||
Thistle, Russian
|
||
Velvetleaf
|
||
|
||
|
||
†Indicates Suppression Only - Suppression is a reduction in weed competition (reduction is population or
|
||
vigor) as compared to untreated areas. The degree of weed control and duration of effect may vary with
|
||
weed size, density, application rate, coverage, and growing conditions before, during and after treatment.
|
||
|
||
1Includes biotypes that are herbicide-resistant or tolerant. Weeds germinating after spraying will not be
|
||
controlled.
|
||
|
||
Management of Kochia Biotypes
|
||
Research indicates many biotypes of kochia may occur within a single field and while kochia biotypes can
|
||
vary in their susceptibility to this product, in general all biotypes will be suppressed or controlled at the
|
||
labeled rate of 1 to 1-1/2 pints per acre. A shift to more tolerant biotypes within a field may occur if this
|
||
product is applied at rates lower than specified.
|
||
|
||
Practices for Resistance Management
|
||
Extensive populations of dicamba -tolerant kochia have been identified in certain small grain and corn
|
||
production regions (such as Chouteau, Fergus, Liberty, Toole, and Treasure counties in the state of
|
||
Montana). For optimal control of dicamba-tolerant kochia in these counties, apply this product at the rate of
|
||
1-1/2 pints per acre.
|
||
|
||
To minimize selection pressure and preserve the utility of this product for control of dicamba-tolerant kochia
|
||
biotypes, this product should be rotated with products that do not contain dicamba.
|
||
|
||
|
||
CROP USES
|
||
CROP KOCHIAVORE
|
||
APPLICATION RATE
|
||
DIRECTIONS
|
||
BARLEY
|
||
WHEAT
|
||
1 to 1-1/2 pints per acre POSTEMERGENT APPLICATION: Apply from the 4-leaf
|
||
(Zadoks 14) to emergence of the flag leaf (Zadoks 37). Use the
|
||
higher rates when weeds are less susceptible or for heavy
|
||
weed populations. To avoid injury, do not use with atrazine,
|
||
crop oils or other adjuvants, such as non-ionic surfactants.
|
||
Restrictions and limitations for barley and wheat:
|
||
x Do NOT harvest treated forage or allow livestock to graze treated areas within 45 days of
|
||
application.
|
||
x Do NOT feed treated straw to livestock.
|
||
|
||
10
|
||
|
||
x The risk of crop injury at all stages of growth and poor weed control is increased if the application
|
||
is made and extreme growing conditions (such as drought or near freezing temperatures) occur
|
||
prior to, at, and following the application. Reduced weed control may also occur during these
|
||
conditions.
|
||
x Do NOT apply when crop canopy covers the weeds as poor control will result.
|
||
x Preharvest Interval (PHI): Do NOT apply within 40 days prior to harvesting grain and straw or
|
||
within 14 days prior to cutting hay.
|
||
x Make no more than one postemergence application per growing season at a maximum of 1.5
|
||
pints
|
||
(0.31 lb. AE 2,4-D; 0.31 lb. AE bromoxynil; 0.13 lb. AE fluroxypyr) per acre per application, up to flag
|
||
leaf emergence stage.
|
||
x Do NOT spray plants beyond the flag leaf emergence stage.
|
||
x Do NOT apply more than 1.5 pints of this product per acre per application.
|
||
x Do NOT apply more than 2.4 pints (0.5 lb. AE 2,4-D, 0.5 lb. AE bromoxynil, 0.2 lb. AE fluroxypyr) of this
|
||
product per acre per year.
|
||
FIELD
|
||
CORN
|
||
1 to 1-1/2 pints per acre PREPLANT APPLICATION: Apply prior to planting. Delay
|
||
planting for a minimum of 7 days after application. Planting
|
||
sooner may result in unacceptable crop injury. Do not perform
|
||
tillage for at least 7 days after application. Do not use on sandy
|
||
soils or unacceptable crop injury may result.
|
||
1 to 1-1/2 pints per acre PREEMERGENCE and REDUCED TILLAGE APPLICATION:
|
||
Make applications after corn is planted but before emergence
|
||
to control emerged broadleaf weeds. Use the higher rates
|
||
when weeds are less susceptible or for heavy weed
|
||
populations. The seed furrow must be completely closed at
|
||
application or severe crop injury may result. Do not use on
|
||
sandy soils or unacceptable crop injury may result.
|
||
1 to 1-1/2 pints per acre POSTEMERGENT APPLICATION: Apply to field corn as a
|
||
broadcast or band treatment from the V3 to the V5 growth
|
||
stages. Application prior to the V3 growth stage may result in
|
||
increased crop leaf burn. Apply with drop nozzles and
|
||
directed spray only from the V6 growth stage. DO NOT apply
|
||
from 2 weeks before tasseling to dough stage.
|
||
|
||
To avoid crop injury, do not use with atrazine, crop oils or other
|
||
adjuvants, such as non-ionic surfactants. Application during
|
||
high moisture and temperature conditions may cause crop
|
||
injury or brittleness. DO NOT cultivate for a week to 10 days
|
||
after treatment or stalk breakage may occur. Do not use on
|
||
sandy soils or unacceptable crop injury may result.
|
||
Restrictions and limitations for field corn:
|
||
x Do not cut treated crop for feed or fodder or graze for 47 for days following application.
|
||
x Do not harvest within 90 days of application.
|
||
x Seed corn producers should consult the respective seed corn company regarding tolerance of
|
||
certain seed production inbred lines to bromoxynil octanoate.
|
||
x Maximum application of 3.0 pints (0.62 lb. AE 2,4-D; 0.62 lb. AE bromoxynil; 0.26 lb. AE fluroxypyr) per acre
|
||
per year.
|
||
|
||
Preplant or preemergence:
|
||
x Limited to one preplant or preemergence application per year.
|
||
x Maximum rate of application: 1.5 pints (0.31 lb. AE 2,4-D; 0.31 lb. AE bromoxynil; 0.13 lb. AE fluroxypyr) per
|
||
acre.
|
||
|
||
Postemergence:
|
||
x Limited to one postemergence application per year.
|
||
x Maximum rate of application: 1.5 pints
|
||
(0.31 lb. AE 2,4-D; 0.31 lb. AE bromoxynil; 0.13 lb. AE fluroxypyr) per
|
||
acre.
|
||
|
||
11
|
||
|
||
SORGHUM,
|
||
GRAIN
|
||
AND
|
||
FORAGE
|
||
|
||
1 to 1-1/2 pints per acre Apply to sorghum from the V4 but prior to the pre-boot stage.
|
||
Use drop nozzles and directed spray only from the V8 to the
|
||
pre-boot stage. To reduce the potential for crop injury, drop
|
||
nozzles should direct the spray toward the soil surface, to
|
||
avoid spray contact with grain sorghum foliage. Do not apply
|
||
during the boot, flowering or early dough stages.
|
||
|
||
The higher rate may be needed for some weeds, such as
|
||
perennials or for heavy weed populations, but chances of crop
|
||
injury may increase. To avoid injury, do not use with atrazine,
|
||
crop oils or other adjuvants, such as non-ionic surfactants.
|
||
|
||
Some sorghum varieties and hybrids are 2,4-D sensitive. Crop
|
||
injury may also be increased by h igh moisture and
|
||
temperature conditions. Contact your seed company or
|
||
Extension Service for advice.
|
||
Restrictions and limitations for sorghum:
|
||
x Do not harvest within 70 days of application.
|
||
x Do not permit meat or dairy animals to consume treated crop as fodder or forage or graze for 45 for
|
||
days following application.
|
||
x Limited to 1 application per year.
|
||
x Maximum of 1.5 pints (0.31 lb. AE 2,4-D; 0.31 lb. AE bromoxynil; 0.13 lb. AE fluroxypyr) per acre per application.
|
||
|
||
|
||
NON CROP USES
|
||
(Non-Residential Sites Only)
|
||
NON-CROP AREA KOCHIAVORE
|
||
APPLICATION RATE
|
||
DIRECTIONS
|
||
RIGHTS-OF-WAY,
|
||
ROADSIDES,
|
||
INDUSTRIAL SITES,
|
||
FENCE ROWS,
|
||
NON-IRRIGATION
|
||
DITCHBANKS,
|
||
NON-RESIDENTIAL
|
||
TURFGRASS AREAS
|
||
1-1/4 to 2-2/5 Pints per Acre Mix with an adequate amount of water to
|
||
thoroughly saturate all weeds with spray
|
||
mixture. This may require a spray volume of
|
||
50 to 300 gallons of water per acre. Apply any
|
||
time between the time when plants come into
|
||
full leaf (spring) to when the plants begin to go
|
||
dormant. Best results are obtained when
|
||
weeds are young and actively growing. Do not
|
||
cut weeds until herbicide has translocated
|
||
throughout the plant causing root death. For
|
||
small broadleaf weeds, use the lower rate.
|
||
Heavy, dense stands require the higher rate
|
||
with high water volume.
|
||
|
||
|
||
Use a high surfactant crop oil concentrate such
|
||
as Superb® HC, a high surfactant methylated
|
||
seed oil such as Destiny ® HC or another crop
|
||
oil for improved performance.
|
||
|
||
Restrictions and limitations:
|
||
x Maximum of 2.4 pints (0.5 lb. AE 2,4-D, 0.5 lb. AE bromoxynil, 0.2 lb. AE fluroxypyr) of product per acre per
|
||
year.
|
||
x Limited to 1 application per year.
|
||
x Do not allow livestock to graze in treated areas or feed treated plant material to livestock.
|
||
x Do not use this product on sod farms
|
||
x Applications to non-cropland areas are not applicable to treatment of commercial timber or other
|
||
plants being grown for sale or other commercial use, or for commercial seed production, or for
|
||
research purposes.
|
||
|
||
12
|
||
|
||
CONSERVATION
|
||
RESERVE
|
||
PROGRAM (CRP)
|
||
LAND
|
||
|
||
1-1/4 to 2-2/5 Pints per Acre This product may be used for Conservation
|
||
Reserve Programs (CRP), weed and brush
|
||
control or in State Recognized Noxious Weed
|
||
area (noncropland areas). Refer to “Weeds
|
||
Controlled” section for list of susceptible
|
||
species. For areas underseeded with
|
||
alfalfa, do not apply more than 1.5 pints per
|
||
acre per year.
|
||
|
||
|
||
Some weed species require tank mixes for
|
||
adequate control. Use a high surfactant crop oil
|
||
concentrate such as Superb HC, a high
|
||
surfactant methylated seed oil such as Destiny
|
||
|
||
HC or another crop oil for improved
|
||
performance.
|
||
Restrictions and Limitations:
|
||
x Maximum of 2.4 pints (0.5 lb. AE 2,4-D, 0.5 lb. AE bromoxynil, 0.2 lb. AE fluroxypyr) of product per acre per
|
||
year. Limited to 1 application per year.
|
||
x Do not apply more than 1.5 pints (0.31 lb. AE 2,4-D; 0.31 lb. AE bromoxynil; 0.13 lb. AE fluroxypyr) of product
|
||
per acre per year to CRP areas that are underseeded with alfalfa.
|
||
x Do not add spray adjuvants or fluid fertilizers when applying to CRP areas planted with alfalfa or
|
||
other legumes.
|
||
x Consult the Conservation Reserve Program rules for CRP uses. The more restrictive
|
||
requirements of the program rules or this label must be followed.
|
||
x Do not allow livestock to graze in treated areas or feed treated plant material to livestock.
|
||
|
||
FALLOWLAND 1-1/4 to 2-2/5 Pints per Acre Unless otherwise specified below, apply when
|
||
broadleaf weeds are up to the 8-leaf stage, 4
|
||
inches in height or 2 inches in diameter,
|
||
whichever comes first. Apply to grasses from
|
||
the 3-leaf stage. Use the higher application
|
||
rate for less susceptible weeds.
|
||
|
||
Use a high surfactant crop oil concentrate such
|
||
as Superb HC, a high surfactant methylated
|
||
seed oil such as Destiny HC or another crop oil
|
||
for improved performance.
|
||
|
||
Kochia seedlings less than 4 inches tall
|
||
(including ALS resistant biotypes) will be
|
||
controlled using the 1.25 pint per acre rate.
|
||
However, when conditions for control are less
|
||
favorable, such as under drought or cool
|
||
temperature, a rate of 1.5 pints per acre will
|
||
provide more consistent control of kochia
|
||
seedlings 1 to 4 inches tall. For more
|
||
consistent control of small kochia, apply when
|
||
the plants are at least 1 inch tall. A rate of 1.5
|
||
pints per acre should be used for optimal
|
||
control of dicamba tolerant kochia populations
|
||
(refer to the “Management of Kochia Biotypes”
|
||
in the “Application Information” section above).
|
||
Restrictions and Limitations:
|
||
x Do not allow livestock to graze in treated areas or feed treated grass to livestock.
|
||
x Limited to two applications per year.
|
||
x Minimum of 30 days between applications.
|
||
x Do not apply more than 2.4 pints (0.5 lb. AE 2,4-D, 0.5 lb. AE bromoxynil, 0.2 lb. AE fluroxypyr) of this
|
||
product per acre per year.
|
||
|
||
13
|
||
|
||
|
||
|
||
|
||
STORAGE AND DISPOSAL
|
||
Prohibitions
|
||
Do not contaminate water, food, or feed by storage and disposal.
|
||
Pesticide Handling
|
||
Store in original containers only. Keep container closed when not in use. Do not store near food or feed.
|
||
In case of spill or leak on floor or paved surfaces, soak up with sand, earth, or synthetic absorbent.
|
||
Remove to chemical waste area. DO NOT ALLOW PRODUCT TO FREEZE.
|
||
Pesticide Disposal
|
||
Pesticide wastes are acutely hazardous. Improper disposal of excess pesticide, spray mixture, or rinsate
|
||
is a violation of Federal law. If these wastes cannot be disposed of by use according to label instructions,
|
||
contact your State Pesticide or Environmental Control Agency, or the Hazardous Waste Representative at
|
||
the nearest EPA Regional Office for guidance.
|
||
Container Disposal: Use label language appropriate for container size and type.
|
||
Nonrefillable containers. Do not reuse or refill this container. Clean container promptly after emptying.
|
||
Nonrefillable container equal to or less than 5 gallons. 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 ¼ full with water and recap. Shake for 10 seconds. Pour rinsate into application equipment
|
||
or a mix tank or store rinsate for later use or disposal. Drain for 10 seconds after the flow begins to drip.
|
||
Repeat this procedure two more times. Then offer for recycling or reconditioning, or puncture and dispose
|
||
of in a sanitary landfill, or by incineration, or, if allowed by state and local authorities, by burning. If burned,
|
||
stay out of smoke.
|
||
Nonrefillable container greater than 5 gallons. Triple rinse as follows: Empty the remaining contents
|
||
into application equipment or a mix tank. Fill the container ¼ full with water. Replace and tighten closures.
|
||
Tip container on its side and roll it back and forth, ensuring at least one complete revolution, for 30 seconds.
|
||
Stand the container on its end and tip it back and forth several times. Turn the container over onto its other
|
||
end and tip it back and forth several times. Empty the rinsate into application equipment or a mix tank or
|
||
store rinsate for later use or dispos al. Repeat this procedure two more times. Then offer for recycling or
|
||
reconditioning, or puncture and dispose of in a sanitary landfill, or by incineration, or, if allowed by state and
|
||
local authorities, by burning. If burned, stay out of smoke.
|
||
Refillable container. Refill this container with pesticide only. Do not reuse this container for any other
|
||
purpose. Cleaning 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 clean the container before final
|
||
disposal, empty the remaining contents from this container into application equipment or mix tank. Fill the
|
||
container about 10 percent full with water. Agitate vigorously or recirculate water with the pump for 2
|
||
minutes. Pour or pump rinsate into application equipment or rinsate collection system. Repeat this rinsing
|
||
procedure two more times. Then offer for recycling or reconditioning, or puncture and dispose of in a
|
||
sanitary landfill, or by incineration, or, if allowed by state and local authorities, by burning. If burned, stay
|
||
out of smoke.
|
||
|
||
FOR CHEMICAL EMERGENCY: Spill, leak, fire, exposure or accident, call
|
||
CHEMTREC 1-800-424-9300.
|
||
|
||
|
||
|
||
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 LIMITE D 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
|
||
|
||
14
|
||
|
||
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 THE NATURE OF PENALTIES RELATING TO THE GOODS SOLD, INCLUDING USE,
|
||
APPLICATION, HANDLING, AND DISPOSAL. TO THE EXTENT CONSISTENT WITH APPLICABLE
|
||
LAW, MANUFACTURER OR SELLER SHALL NOT BE LIABLE TO BUYER OR USER BY WAY OF
|
||
INDEMNIFICATION TO BUYER OR TO CUSTOMERS OF BUYER, IF ANY, OR FOR ANY DAMAGES OR
|
||
SUMS OF MONEY, CLAIMS OR DEMANDS WHATSOEVER, RESULTING FROM OR BY REASON OF,
|
||
OR RISING OUT OF THE MISUSE, OR FAILURE TO FOLLOW LABEL WARNINGS OR INSTRUCTIONS
|
||
FOR USE, OF THE GOODS SOLD BY MANUFACTURER OR SELLER TO BUYER. ALL SUCH RISKS
|
||
SHALL BE ASSUMED BY THE BUYER, USER, OR ITS CUSTOMERS. BUYER’S OR USER’S
|
||
EXCLUSIVE REMEDY, AND MANUFACTURER’S OR SELLER’S TOTAL LIABILITY SHALL BE FOR
|
||
DAMAGES NOT EXCEEDING THE COST OF THE PRODUCT.
|
||
|
||
If you do not agree with or do not accept any of 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.
|
||
|
||
Destiny
|
||
® Kochiavore®, and Superb® are registered trademarks of Winfield Solutions, LLC.
|