UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C

Transcription

1 FIFRA Section 18 Specific Exemption Use Directions EPA File Symbol Numbers 16WA03, 16WA04, and 16WA05 STATE: WASHINGTON CHEMICAL: ISOFETAMID (KENJA 400SC) CROP / SITE: BLACKBERRY, BLUEBERRY, AND RASPBERRY FOR DISTRIBUTION AND USE ONLY IN THE STATE OF WASHINGTON IN THE FOLLOWING COUNTIES: CLALLAM, CLARK, COWLITZ, FRANKLIN, GRAYS HARBOR, KING, LEWIS, PIERCE, SKAGIT, SNOHOMISH, THURSTON, AND WHATCOM. PEST: GRAY MOLD (BOTRYTIS CINEREA) EFFECTIVE PERIOD: THESE USE DIRECTIONS ARE EFFECTIVE 05/19/16 AND EXPIRE ON 10/30/16. USE OUTSIDE OF THESE DATES IS A VIOLATION OF FEDERAL LAW. USE RATE: FL. OZ. OF KENJA 400SC PER ACRE (EQUIVALENT TO TO 0.40 LB. OF ACTIVE INGREDIENT) These use directions must be in the possession of the user at the time of application. Follow all applicable directions, restrictions, Worker Protection Standard requirements, and precautions on the Kenja 400SC (EPA Reg. No ) label. USE DIRECTIONS Apply Kenja 400SC at fl. oz. per acre (0.351 to 0.40 lb. of active ingredient) in a minimum of 50 gallons of water for ground applications and 5 gallons of water per acre for aerial applications. Use sufficient water to obtain adequate coverage of the foliage. Initiate applications prior to disease development and continue on a 14-day interval. When disease pressure is high use the high rate. Restrictions/Precautions: Do not apply more than 54 fl. oz. of Kenja 400SC (1.40 lb. active ingredient) per acre per year. Do not make more than 4 applications at 13.5 fl. oz. per acre per year. Do not make more than 3 applications when using the higher rate (15.5 fl. oz. per acre). The Pre-Harvest Interval (PHI) is 7 days for blackberry, blueberry, and raspberry. Resistance Management: Do not make more than 2 sequential applications of Kenja 400SC or other Group 7 containing fungicides before rotating to a fungicide with a different mode of action. Do not apply a third application of Kenja 400SC within 28 days of the second application. Any adverse effects resulting from the use of Isofetamid (Kenja 400SC) under this emergency exemption must be immediately reported to the Washington State Department of Agriculture ( ). Summit Agro USA, LLC 8000 Regency Park, Suite 265 Cary, NC Warranty and Limitation of Damages: Seller warrants to those persons lawfully acquiring title to this product that at the time of the first sale of this product by seller that this product conformed to its chemical description and is reasonably fit for the purposes stated on the label when used in accordance with Seller's directions under normal conditions of use, and Buyers and users of this product assume the risk of any use contrary to such directions. SELLER MAKES NO OTHER EXPRESS OR IMPLIED WARRANTY, INCLUDING ANY OTHER EXPRESS OR IMPLIED WARRANTY OF FITNESS OR OF MERCHANTABILITY, AND NO AGENT OF SELLER IS AUTHORIZED TO DO SO. In no event shall Seller's liability for any breach of warranty exceed the purchase price of the material as to which a claim is made. Buyers and users of this product are responsible for all loss or damage from use or handling of this product which results from conditions beyond the control of Seller, including, but not limited to, incompatibility with products unless otherwise expressly provided in the Directions for Use of this product, weather conditions, cultural practices, moisture conditions or other environmental conditions outside of the ranges that are generally recognized as being conducive to good agricultural and/or horticultural practices. 08/16 AG-SUP-KENJA

2 Isofetamid 400SC FIFRA Section 18 Specific Exemption Use Directions EPA File Symbol Numbers 16WA03, 16WA04, and 16WA05 STATE: WASHINGTON CHEMICAL: ISOFETAMID (ISOFETAMID 400SC) CROP / SITE: BLACKBERRY, BLUEBERRY, AND RASPBERRY FOR DISTRIBUTION AND USE ONLY IN THE STATE OF WASHINGTON IN THE FOLLOWING COUNTIES: CLALLAM, CLARK, COWLITZ, FRANKLIN, GRAYS HARBOR, KING, LEWIS, PIERCE, SKAGIT, SNOHOMISH, THURSTON, AND WHATCOM. PEST: GRAY MOLD (BOTRYTIS CINEREA) EFFECTIVE PERIOD: THESE USE DIRECTIONS ARE EFFECTIVE 05/19/16 AND EXPIRE ON 10/30/16. USE OUTSIDE OF THESE DATES IS A VIOLATION OF FEDERAL LAW. USE RATE: FL. OZ. OF KENJA 400SC PER ACRE (EQUIVALENT TO TO 0.40 LB. OF ACTIVE INGREDIENT) These use directions must be in the possession of the user at the time of application. Follow all applicable directions, restrictions, Worker Protection Standard requirements, and precautions on the Isofetamid 400SC (EPA Reg. No ) label. USE DIRECTIONS Apply Isofetamid 400SC at fl. oz. per acre (0.351 to 0.40 lb. of active ingredient) in a minimum of 50 gallons of water for ground applications and 5 gallons of water per acre for aerial applications. Use sufficient water to obtain adequate coverage of the foliage. Initiate applications prior to disease development and continue on a 14-day interval. When disease pressure is high use the high rate. Restrictions/Precautions: Do not apply more than 54 fl. oz. of Isofetamid 400SC (1.40 lb. active ingredient) per acre per year. Do not make more than 4 applications at 13.5 fl. oz. per acre per year. Do not make more than 3 applications when using the higher rate (15.5 fl. oz. per acre). The Pre-Harvest Interval (PHI) is 7 days for blackberry, blueberry, and raspberry. Resistance Management: Do not make more than 2 sequential applications of Isofetamid 400SC or other Group 7 containing fungicides before rotating to a fungicide with a different mode of action. Do not apply a third application of Isofetamid 400SC within 28 days of the second application. Any adverse effects resulting from the use of Isofetamid (Isofetamid 400SC) under this emergency exemption must be immediately reported to the Washington State Department of Agriculture ( ). ISK Biosciences Corporation 7470 Auburn Rd., Suite A Concord, Ohio Warranty and Limitation of Damages: Seller warrants to those persons lawfully acquiring title to this product that at the time of the first sale of this product by seller that this product conformed to its chemical description and is reasonably fit for the purposes stated on the label when used in accordance with Seller's directions under normal conditions of use, and Buyers and users of this product assume the risk of any use contrary to such directions. SELLER MAKES NO OTHER EXPRESS OR IMPLIED WARRANTY, INCLUDING ANY OTHER EXPRESS OR IMPLIED WARRANTY OF FITNESS OR OF MERCHANTABILITY, AND NO AGENT OF SELLER IS AUTHORIZED TO DO SO. In no event shall Seller's liability for any breach of warranty exceed the purchase price of the material as to which a claim is made. Buyers and users of this product are responsible for all loss or damage from use or handling of this product which results from conditions beyond the control of Seller, including, but not limited to, incompatibility with products unless otherwise expressly provided in the Directions for Use of this product, weather conditions, cultural practices, moisture conditions or other environmental conditions outside of the ranges that are generally recognized as being conducive to good agricultural and/or horticultural practices. 08/16 AG-SUP

3 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C OFFICE OF CHEMICAL SAFETY AND POLLUTION PREVENTION Washington State Department of Agriculture P.O. Box Olympia, WA Issuance Date: July 27, 2016 Expiration Date: October 30, 2016 Report Due: April 30, 2017 File Symbols: 16WA03 (blackberry), 16WA04 (blueberry), 16WA05 (raspberry) Attn: Erik Johansen/Robin Schoen-Nessa The U.S. Environmental Protection Agency (EPA) hereby grants these specific exemptions under the provisions of section 18 of the Federal Insecticide, Fungicide and Rodenticide Act, as amended, to the Washington Department of Agriculture for the use of isofetamid (CAS No ) to control gray mold (Botrytis cinerea) on blackberries, blueberries, and raspberries. These specific exemptions are subject to the conditions set forth in your request dated April 14, 2016, as well as the following conditions and restrictions: 1. The Washington State Department of Agriculture (WSDA) is responsible for ensuring that all provisions of these specific exemptions are met. WSDA is responsible for providing information in accordance with 40 CFR (b). Accordingly, a report summarizing the results of this program must be submitted to EPA headquarters and the EPA regional office within six months following the expiration date or prior to requesting additional specific exemptions for these uses. Additionally, in accordance with 40 CFR (a), these offices shall also be immediately informed of any adverse effects resulting from use of this pesticide in connection with these exemptions. Any future correspondence in connection with these exemptions should refer to file symbols: 16WA03 (blackberry), 16WA04 (blueberry), and 16WA05 (raspberry). 2. The product, Isofetamid 400SC Fungicide (EPA Reg. No , containing 36% active ingredient (ai) manufactured by ISK Biosciences Corporation) may be applied. All applicable directions, restrictions, Worker Protection Standards, and precautions on the EPA-registered Section 3 label, as well as those outlined in the Section 18 use directions dated April 14, 2016 must be followed, except as modified by this authorization. 1

4 3. Isofetamid 400SC may be applied by ground or air at a rate of 13.5 to 15.5 fluid ounces of product per acre (0.351 to 0.40 pounds of ai/acre). A maximum of four applications may be made per acre per year (equivalent to a maximum of 54 fl. oz. of product (1.40 lbs ai) per acre per year). 4. A 7 day pre-harvest interval and 14-day retreatment interval must be observed. 5. A maximum of 400 acres of blackberries, 14,000 acres of blueberries, and 12,000 acres of raspberries may be treated in the following state of Washington counties: Clallam, Clark, Cowlitz, Franklin, Grays Harbor, King, Lewis, Pierce, Skagit, Snohomish, Thurston, and Whatcom. 6. To reduce resistance buildup of gray mold caused by Botrytis cinerea no more than two sequential applications of Isofetamid 400SC or other Group 7 containing fungicides may be made prior to rotating to a fungicide with a different mode of action. Further, a third application of Isofetamid 400SC should not be made within 28 days of the second application. 7. Applications made in accordance with the above provisions are not expected to result in combined residues of isofetamid, including it metabolites and degradates, in or on blackberry and raspberry in excess of 4.0 ppm, and blueberry in excess of 5.0 ppm. This Agency has determined that these levels are adequate to protect the public health. A time-limited tolerance in connection with these uses will be established in the 40 CFR at These specific exemptions expire October 30, 2016 as noted above. 9. In the event that the WSDA requests these use patterns next year in connection with emergency exemptions, EPA is making a preliminary determination that these uses are not eligible for the re-certification program (40 CFR (b)(5) in Non-routine emergencies resulting from unusual weather conditions are not predictable and therefore are not eligible for re-certification. Should Washington blackberry, blueberry, and raspberry growers experience economic loss due to the change in weather patterns, WSDA must provide the following documentation to support 2017 specific emergency exemptions for these use patterns based on this non-routine situation: An analysis comparing changes in grower yields over the last 5 years to the emergency scenario. This will more clearly demonstrate if growers who used the available fungicides suffered yield impacts that resulted in a significant economic loss. Monitored weather conditions for the 2016 season. 2

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