This electronic document was downloaded from the GPO web site, November 2003, and is provided for information purposes only. The Code of Federal Regulations, Title 40, is updated July 1 of each year. The most current version of the regulations may be found at the GPO web site.
 
[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR152.160]
 
[Page 32]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 152--PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES--Table of Contents
 
                 Subpart I--Classification of Pesticides
 
Sec. 152.160  Scope.
 
    Source: 53 FR 15986, May 4, 1988, unless otherwise noted.
 
 
    (a) Types of classification. A pesticide product may be 
unclassified, or it may be classified for restricted use or for general 
use. The Agency does not normally classify products for general use; 
products that are not restricted remain unclassified.
    (b) Kinds of restrictions. The Agency may restrict a product or its 
uses to use by a certified applicator, or by or under the direct 
supervision of a certified applicator, as described in FIFRA sec. 
3(d)(1)(C). The Agency may also, by regulation, prescribe restrictions 
relating to the product's composition, labeling, packaging, uses, or 
distribution and sale, or to the status or qualifications of the user.
 
 
 
 
 
[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR152.161]
 
[Page 32]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 152--PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES--Table of Contents
 
                 Subpart I--Classification of Pesticides
 
Sec. 152.161  Definitions.
 
    In addition to the definitions in Sec. 152.3, the following terms 
are defined for the purposes of this subpart:
    (a) Dietary LC50 means a statistically derived estimate 
of the concentration of a test substance in the diet that would cause 50 
percent mortality to the test population under specified conditions.
    (b) Outdoor use means any pesticide application that occurs outside 
enclosed manmade structures or the consequences of which extend beyond 
enclosed manmade structures, including, but not limited to, pulp and 
paper mill water treatments and industrial cooling water treatments.
 
 
 
 
 
[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR152.164]
 
[Page 32-33]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 152--PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES--Table of Contents
 
                 Subpart I--Classification of Pesticides
 
Sec. 152.164  Classification procedures.
 
    (a) Grouping of products for classification purposes. In its 
discretion, the
 
[[Page 33]]
 
Agency may identify a group of products having common characteristics or 
uses and may classify for restricted use same or all of the products or 
uses included in that group. Such a group may be comprised of, but is 
not limited to, products that:
    (1) Contain the same active ingredients.
    (2) Contain the same active ingredients in a particular 
concentration range, formulation type, or combination of concentration 
range and formulation type.
    (3) Have uses in common.
    (4) Have other characteristics, such as toxicity, flammability, or 
physical properties, in common.
    (b) Classification reviews. The Agency may conduct classification 
reviews and classify products at any time, if it determines that a 
restriction on the use of a pesticide product is necessary to avoid 
unreasonable adverse effects on the environment. However, classification 
reviews normally will be conducted and products classified only in the 
following circumstances:
    (1) As part of the review of an application for new registration of 
a product containing an active ingredient not contained in any currently 
registered product.
    (2) As part of the review of an application for a new use of a 
product, if existing uses of that product previously have been 
classified for restricted use. Review of a restricted use product at 
this time is for the purpose of determining whether the new use should 
also be classified for restricted use. Normally the Agency will not 
conduct initial classification reviews for existing uses of individual 
products in conjunction with an application for amended registration.
    (3) As part of the process of developing or amending a registration 
standard for a pesticide. The Agency normally will conduct 
classification reviews of all uses of a currently registered pesticide 
at this time.
    (4) As part of any special review of a pesticide, in accordance with 
the procedures of 40 CFR part 154.
    (c) Classification procedures. (1) If the Agency determines that a 
product or one or more of its uses should be classified for restricted 
use, the Agency initially may classify the product by regulation. In 
this case, within 60 days after the effective date of a final rule, each 
registrant of a product subject to the rule must submit to the Agency 
one of the following, as directed in the final rule:
    (i) A copy of the amended label and any supplemental labeling to be 
used as an interim compliance measure.
    (ii) A statement, which the Agency considers a report under the Act, 
that the registrant will comply with the labeling requirements 
prescribed by the Agency within the timeframes prescribed by the 
regulation.
    (iii) An application for amended registration to delete the uses 
which have been restricted, or to "split" the registration into two 
registrations, one including only restricted or all uses, and the other 
including only uses that have not been classified.
    (2) Alternatively, EPA may notify the applicant or registrant of the 
classification decision and require that he submit the information 
required by paragraph (c)(1) of this section. The Agency may deny 
registration or initiate cancellation proceedings if the registrant 
fails to comply within the timeframes established by the Agency in its 
notification.
 
 
 
 
 
[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR152.164]
 
[Page 32-33]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 152--PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES--Table of Contents
 
                 Subpart I--Classification of Pesticides
 
Sec. 152.164  Classification procedures.
 
    (a) Grouping of products for classification purposes. In its 
discretion, the
 
[[Page 33]]
 
Agency may identify a group of products having common characteristics or 
uses and may classify for restricted use same or all of the products or 
uses included in that group. Such a group may be comprised of, but is 
not limited to, products that:
    (1) Contain the same active ingredients.
    (2) Contain the same active ingredients in a particular 
concentration range, formulation type, or combination of concentration 
range and formulation type.
    (3) Have uses in common.
    (4) Have other characteristics, such as toxicity, flammability, or 
physical properties, in common.
    (b) Classification reviews. The Agency may conduct classification 
reviews and classify products at any time, if it determines that a 
restriction on the use of a pesticide product is necessary to avoid 
unreasonable adverse effects on the environment. However, classification 
reviews normally will be conducted and products classified only in the 
following circumstances:
    (1) As part of the review of an application for new registration of 
a product containing an active ingredient not contained in any currently 
registered product.
    (2) As part of the review of an application for a new use of a 
product, if existing uses of that product previously have been 
classified for restricted use. Review of a restricted use product at 
this time is for the purpose of determining whether the new use should 
also be classified for restricted use. Normally the Agency will not 
conduct initial classification reviews for existing uses of individual 
products in conjunction with an application for amended registration.
    (3) As part of the process of developing or amending a registration 
standard for a pesticide. The Agency normally will conduct 
classification reviews of all uses of a currently registered pesticide 
at this time.
    (4) As part of any special review of a pesticide, in accordance with 
the procedures of 40 CFR part 154.
    (c) Classification procedures. (1) If the Agency determines that a 
product or one or more of its uses should be classified for restricted 
use, the Agency initially may classify the product by regulation. In 
this case, within 60 days after the effective date of a final rule, each 
registrant of a product subject to the rule must submit to the Agency 
one of the following, as directed in the final rule:
    (i) A copy of the amended label and any supplemental labeling to be 
used as an interim compliance measure.
    (ii) A statement, which the Agency considers a report under the Act, 
that the registrant will comply with the labeling requirements 
prescribed by the Agency within the timeframes prescribed by the 
regulation.
    (iii) An application for amended registration to delete the uses 
which have been restricted, or to "split" the registration into two 
registrations, one including only restricted or all uses, and the other 
including only uses that have not been classified.
    (2) Alternatively, EPA may notify the applicant or registrant of the 
classification decision and require that he submit the information 
required by paragraph (c)(1) of this section. The Agency may deny 
registration or initiate cancellation proceedings if the registrant 
fails to comply within the timeframes established by the Agency in its 
notification.
 
 
 
 
 
[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR152.166]
 
[Page 33]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 152--PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES--Table of Contents
 
                 Subpart I--Classification of Pesticides
 
Sec. 152.166  Labeling of restricted use products.
 
    (a) Products intended for end use. A product whose labeling bears 
directions for end use and that has been classified for restricted use 
must be labeled in accordance with the requirements of Sec. 156.10 of 
this chapter or other Agency instructions. The Agency will permit the 
use of stickers or supplemental labeling as an interim alternative to 
the use of an approved amended label, in accordance with Sec. 152.167.
    (b) Products intended only for formulation. A product whose labeling 
does not bear directions for end use (a product that is intended and 
labeled solely for further formulation into other pesticide products) is 
not subject to the labeling requirements of this subpart.
 
[[Page 34]]
 
 
 
 
 
[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR152.167]
 
[Page 34]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 152--PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES--Table of Contents
 
                 Subpart I--Classification of Pesticides
 
Sec. 152.167  Distribution and sale of restricted use products.
 
    Unless modified by the Agency, the compliance dates in this section 
shall apply to restricted use products.
    (a) Sale by registrant or producer. (1) No product with a use 
classified for restricted use may be distributed or sold by the 
registrant or producer after the 120th day after the effective date of 
such classification unless the product:
    (i) Bears an approved amended label which contains the terms of 
restricted use imposed by the Agency and otherwise complies with part 
156 of this chapter;
    (ii) Bears a sticker containing the product name, EPA registration 
number, and any terms of restricted use imposed by the Agency; or
    (iii) Is accompanied by supplemental labeling bearing the 
information listed in paragraph (a)(1)(ii) of this section.
    (2) If the registrant chooses to delete the restricted uses from his 
product label, that product may not be distributed or sold after the 
180th day after the effective date of classification unless the product 
bears amended labeling with the restricted uses deleted.
    (3) Notwithstanding paragraphs (a) (1) and (2) of this section, 
after the 270th day after the effective date of classification, no 
registrant or producer may distribute or sell a product that does not 
bear the approved amended label. After that date, stickers and 
supplemental labeling described in paragraph (a)(1) (ii) and (iii) are 
no longer acceptable.
    (b) Sale by retailer. No product with a use classified for 
restricted use by a regulation may be distributed or sold by a retailer 
or other person after the 270th day after the effective date of the 
final rule unless the product bears a label or labeling which complies 
with paragraph (a)(1) of this section.
 
 
 
 
 
[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR152.168]
 
[Page 34]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 152--PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES--Table of Contents
 
                 Subpart I--Classification of Pesticides
 
Sec. 152.168  Advertising of restricted use products.
 
    (a) Any product classified for restricted use shall not be 
advertised unless the advertisement contains a statement of its 
restricted use classification.
    (b) The requirement in paragraph (a) of this section applies to all 
advertisements of the product, including, but not limited, to:
    (1) Brochures, pamphlets, circulars and similar material offered to 
purchasers at the point of sale or by direct mail.
    (2) Newspapers, magazines, newsletters and other material in 
circulation or available to the public.
    (3) Broadcast media such as radio and television.
    (4) Telephone advertising.
    (5) Billboards and posters.
    (c) The requirement may be satisfied for printed material by 
inclusion of the statement "Restricted Use Pesticide," or the terms of 
restriction, prominently in the advertisement. The requirement may be 
satisfied with respect to broadcast or telephone advertising by 
inclusion in the broadcast of the spoken words "Restricted use 
pesticide," or a statement of the terms of restriction.
    (d) The requirements of this section shall be effective:
    (1) After 270 days after the effective date of restriction of a 
product that is currently registered, unless the Agency specifies a 
shorter time period;
    (2) Upon the effective date of registration of a product not 
currently registered.
 
 
 
 
 
[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR152.170]
 
[Page 34-36]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 152--PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES--Table of Contents
 
                 Subpart I--Classification of Pesticides
 
Sec. 152.170  Criteria for restriction to use by certified applicators.
 
    (a) General criteria. An end-use product will be restricted to use 
by certified applicators (or persons under their direct supervision) if 
the Agency determines that:
    (1) Its toxicity exceeds one or more of the specific hazard criteria 
in paragraph (b) or (c) of this section, or evidence described in 
paragraph (d) of this section substantiates that the product or use 
poses a serious hazard that may be mitigated by restricting its use;
    (2) Its labeling, when considered according to the factors in 
paragraph (e)(2) of this section, is not adequate to mitigate these 
hazard(s);
    (3) Restriction of the product would decrease the risk of adverse 
effects; and
    (4) The decrease in risks of the pesticide as a result of 
restriction would exceed the decrease in benefits.
 
[[Page 35]]
 
    (b) Criteria for human hazard--(1) Residential and institutional 
uses. A pesticide product intended for residential or institutional use 
will be considered for restricted use classification if:
    (i) The pesticide, as diluted for use, has an acute oral 
LD50 of 1.5 g/kg or less;
    (ii) The pesticide, as formulated, has an acute dermal 
LD50 of 2000 mg/kg or less;
    (iii) The pesticide, as formulated, has an acute inhalation 
LC50 of 0.5 mg/liter or less, based upon a 4-hour exposure 
period;
    (iv) The pesticide, as formulated, is corrosive to the eye (causes 
irreversible destruction of ocular tissue) or results in corneal 
involvement or irritation persisting for more than 7 days;
    (v) The pesticide, as formulated, is corrosive to the skin (causes 
tissue destruction into the dermis and/or scarring) or causes severe 
irritation (severe erythema or edema) at 72 hours; or
    (vi) When used in accordance with label directions, or widespread 
and commonly recognized practice, the pesticide may cause significant 
subchronic, chronic or delayed toxic effects on man as a result of 
single or multiple exposures to the product ingredients or residues.
    (2) All other uses. A pesticide product intended for uses other than 
residential or institutional use will be considered for restricted use 
classification if:
    (i) The pesticide, as formulated, has an acute oral LD50 
of 50 mg/kg or less;
    (ii) The pesticide, as formulated, has an acute dermal 
LD50 of 200 mg/kg or less;
    (iii) The pesticide, as diluted for use, has an acute dermal 
LD50 of 16 g/kg or less;
    (iv) The pesticide, as formulated, has an acute inhalation 
LC50 of 0.05 mg/liter or less, based upon a 4-hour exposure 
period;
    (v) The pesticide, as formulated, is corrosive to the eye or causes 
corneal involvement or irritation persisting for more than 21 days;
    (vi) The pesticide, as formulated, is corrosive to the skin (causes 
tissue destruction into the dermis and/or scarring); or
    (vii) When used in accordance with label directions, or widespread 
and commonly recognized practice, the pesticide may cause significant 
subchronic toxicity, chronic toxicity, or delayed toxic effects on man, 
as a result of single or multiple exposures to the product ingredients 
or residues.
    (c) Criteria for hazard to non-target species--(1) All products. A 
pesticide product intended for outdoor use will be considered for 
restricted use classification if:
    (i) When used according to label directions, application results in 
residues of the pesticide, its metabolites, or its degradation products, 
in the diet of exposed mammalian wildlife, immediately after 
application, such that:
    (A) The level of such residues equals or exceeds one-fifth of the 
acute dietary LC50; or
    (B) The amount of pesticide consumed in one feeding day (mg/kg/day) 
equals or exceeds one-fifth of the mammalian acute oral LD50;
    (ii) When used according to label directions, application results, 
immediately after application, in residues of the pesticide, its 
metabolites or its degradation products, in the diet of exposed birds at 
levels that equal or exceed one-fifth of the avian subacute dietary 
LC50;
    (iii) When used according to label directions, application results 
in residues of the pesticide, its metabolites or its degradation 
products, in water that equal or exceed one-tenth of the acute 
LC50 for non-target aquatic organisms likely to be exposed; 
or
    (iv) Under conditions of label use or widespread and commonly 
recognized practice, the pesticide may cause discernible adverse effects 
on non-target organisms, such as significant mortality or effects on the 
physiology, growth, population levels or reproduction rates of such 
organisms, resulting from direct or indirect exposure to the pesticide, 
its metabolites or its degradation products.
    (2) Granular products. In addition to the criteria of paragraph 
(c)(1) of this section, a pesticide intended for outdoor use and 
formulated as a granular product will be considered for restricted use 
classification if:
    (i) The formulated product has an acute avian or mammalian oral 
LD50 of
 
[[Page 36]]
 
50 mg/kg or less as determined by extrapolation from tests conducted 
with technical material or directly with the formulated product; and
    (ii) It is intended to be applied in such a manner that significant 
exposure to birds or mammals may occur.
    (d) Other evidence. The Agency may also consider evidence such as 
field studies, use history, accident data, monitoring data, or other 
pertinent evidence in deciding whether the product or use may pose a 
serious hazard to man or the environment that can reasonably be 
mitigated by restricted use classification.
    (e) Alternative labeling language. (1) If the Agency determines that 
a product meets one or more of the criteria of paragraphs (b) or (c) of 
this section, or if other evidence identified in paragraph (d) of this 
section leads the Agency to conclude that the product should be 
considered for restricted use classification, the Agency will then 
determine if additional labeling language would be adequate to mitigate 
the identified hazard(s) without restricted use classification. If the 
labeling language meets all the criteria specified in paragraph (e)(2) 
of this section, the product will not be classified for restricted use.
    (2) The labeling will be judged adequate if it meets all the 
following criteria:
    (i) The user, in order to follow label directions, would not be 
required to perform complex operations or procedures requiring 
specialized training and/or experience.
    (ii) The label directions do not call for specialized apparatus, 
protective equipment, or materials that reasonably would not be 
available to the general public.
    (iii) Failure to follow label directions in a minor way would result 
in few or no significant adverse effects.
    (iv) Following directions for use would result in few or no 
significant adverse effects of a delayed or indirect nature through 
bioaccumulation, persistence, or pesticide movement from the original 
application site.
    (v) Widespread and commonly recognized practices of use would not 
nullify or detract from label directions such that unreasonable adverse 
effects on the environment might occur.
 
 
 
 
 
[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR152.171]
 
[Page 36]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 152--PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES--Table of Contents
 
                 Subpart I--Classification of Pesticides
 
Sec. 152.171  Restrictions other than those relating to use by certified 
applicators.
 
    The Agency may by regulation impose restrictions on a product or 
class of products if it determines that:
    (a) Without such restrictions, the product when used in accordance 
with warnings, cautions and directions for use or in accordance with 
widespread and commonly recognized practices of use may cause 
unreasonable adverse effects on the environment; and
    (b) The decrease in risks as a result of restricted use would exceed 
the decrease in benefits as a result of restricted use.
 
 
 
[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR152.175]
 
[Page 36-40]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 152--PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES--Table of Contents
 
                 Subpart I--Classification of Pesticides
 
Sec. 152.175  Pesticides classified for restricted use.
 
    The following uses of pesticide products containing the active 
ingredients specified below have been classified for restricted use and 
are limited to use by or under the direct supervision of a certified 
applicator.
 
[[Page 37]]
 
 
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                Criteria influencing
          Active ingredient                     Formulation                 Use pattern            Classification \1\               restriction
--------------------------------------------------------------------------------------------------------------------------------------------------------
Acrolein............................  As sole active ingredient. No   All uses...............  Restricted................  Inhalation hazard to humans.
                                       mixtures registered.                                                                 Residue effects on avian
                                                                                                                            species and aquatic
                                                                                                                            organisms.
Aldicarb............................  As sole active ingredient.....  Ornamental uses (indoor  ......do..................  Other hazards--accident
                                                                       and outdoor).                                        history.
                                      No mixtures registered........  Agricultural crop uses.  Under further evaluation..
Aluminum phosphide..................  As sole active ingredient. No   ......do...............  ......do..................  Inhalation hazard to humans.
                                       mixtures registered.
Azinphos methyl.....................  All liquids with a              ......do...............  ......do..................      Do.
                                       concentration greater than
                                       13.5 pct.
                                      All other formulations........  ......do...............  Under futher evaluation...
Carbofuran..........................  All concentrate suspensions     ......do...............  ......do..................  Acute inhalation toxicity.
                                       and wettable powders 40% and
                                       greater.
                                      All granular formulations.....  Rice...................  Under evaluation..........
                                      All granular and fertilizer     All uses except rice...  ......do..................
                                       formulations.
Chloropicrin........................  All formulations greater than   All uses...............  ......do..................  Acute inhalation toxicity.
                                       2%.
                                      All formulations..............  Rodent control.........  ......do..................  Hazard to non-target
                                                                                                                            organisms.
                                      All formulations 2% and less..  Outdoor uses (other      Unclassified..............
                                                                       than rodent control).
Clonitralid.........................  All wettable powders 70% and    All uses...............  Restricted................  Acute inhalation toxicity.
                                       greater.
                                      All granulars and wettable      Molluscide uses........  Restricted................  Effects on aquatic organisms.
                                       powders.
                                      Pressurized sprays 0.55% and    Hospital antiseptics...  Unclassified..............
                                       less.
Dicrotophos.........................  All liquid formulations 8% and  All uses...............  Restricted................  Acute dermal toxicity;
                                       greater.                                                                             residue effects on avian
                                                                                                                            species (except for tree
                                                                                                                            injections).
Disulfoton..........................  All emulsifiable concentrates   ......do...............  Restricted................      Do.
                                       65% and greater, all                                                                Acute inhalation toxicity.
                                       emulsifiable concentrates and
                                       concentrate solutions 21% and
                                       greater with fensulfothion
                                       43% and greater, all
                                       emulsifiable concentrates 32%
                                       and greater in combination
                                       with 32% fensulfothion and
                                       greater.
                                      Non-aqueous solution 95% and    Commercial seed          Restricted................  Acute dermal toxicity.
                                       greater.                        treatment.
                                      Granular formulations 10% and   Indoor uses              ......do..................  Acute inhalation toxicity.
                                       greater.                        (greenhouse).
Ethoprop............................  Emulsifiable concentrates 40%   Aquatic uses...........  ......do..................  Acute dermal toxicity.
                                       and greater.
                                      All granular and fertilizer     All uses...............  Under evaluation..........
                                       formulations.
Ethyl parathion.....................  All granular and dust           ......do...............  Restricted................  Inhalation hazard to humans.
                                       formulations greater than 2                                                          Acute dermal toxicity.
                                       pct, fertilizer formulations,                                                        Residue effects on
                                       wettable powders,                                                                    mammalian, aquatic, avian
                                       emulsifiable concentrates,                                                           species.
                                       concentrated suspensions,
                                       concentrated solutions.
                                      Smoke fumigants...............  ......do...............  ......do..................  Inhalation hazard to humans.
                                      Dust and granular formulations  ......do...............  ......do..................  Other hazards--accident
                                       2 pct and below.                                                                     history.
Fenamiphos..........................  Emulsifiable concentrates 35%   ......do...............  ......do..................  Acute dermal toxicity.
                                       and greater.
Fonofos.............................  Emulsifiable concentrates 44%   ......do...............  ......do..................  Acute dermal toxicity.
                                       and greater.
                                      Emulsifiable concentrates       Tobacco................  Unclassified..............
                                       12.6% and less with pebulate
                                       50.3% and less.
Methamidophos.......................  Liquid formulations 40% and     ......do...............  Restricted................  Acute dermal toxicity;
                                       greater.                                                                             residue effects on avian
                                                                                                                            species.
                                      Dust formulations 2.5% and      ......do...............  ......do..................  Residue effects on avian
                                       greater.                                                                             species.
 
[[Page 38]]
 
 
Methidathion........................  All formulations..............  All uses except nursery  ......do..................      Do.
                                                                       stock, safflower and
                                                                       sunflower.
                                      All formulations..............  Nursery stock,           Unclassified..............
                                                                       safflower and
                                                                       sunflower.
Methomyl............................  As sole active ingredient in 1  Nondomestic outdoors-    Restricted................  Residue effects on mammalian
                                       pct to 2.5 baits (except 1      agricultural crops,                                  species.
                                       pct fly bait).                  ornamental and turf.
                                                                       All other registered
                                                                       uses.
                                      All concentrated solution       ......do...............  ......do..................  Other hazards-accident
                                       formulations.                                                                        history.
                                      90 pct wettable powder          ......do...............  ......do..................      Do.
                                       formulations (not in water
                                       soluble bags).
                                      90 pct wettable powder          ......do...............  Unclassified..............
                                       formulation in water soluble
                                       bags.
                                      All granular formulations.....  ......do...............  ......do..................
                                      25 pct wettable powder          ......do...............  ......do..................
                                       formulations.
                                      In 1.24 pct to 2.5 pct dusts    ......do...............  ......do..................
                                       as sole active ingredient and
                                       in mixtures with fungicides
                                       and chlorinated hydrocarbon,
                                       inorganic phosphate and
                                       biological insecticides.
Methyl bromide......................  All formulations in containers  All uses...............  Restricted................      Do.
                                       greater than 1.5 lb.
                                      Containers with not more than   Single applications      Unclassified..............
                                       1.5 lb of methyl bromide with   (nondomestic use) for
                                       0.25 pct to 2.0 pct             soil treatment in
                                       chloropicrin as an indicator.   closed systems.
                                      Container with not more than    All uses...............  Restricted................      Do.
                                       1.5 lb having no indicator.
Methyl parathion....................  All dust and granular           ......do...............  ......do..................  Other hazards-accident
                                       formulations less than 5 pct.                                                        history. All foliar
                                                                                                                            applications restricted
                                                                                                                            based on residue effects on
                                                                                                                            mammalian and avian species.
                                      Microencapsulated.............  ......do...............  ......do..................  Residue effects on avian
                                                                                                                            species. Hazard to bees.
                                      All dust and granular           ......do...............  ......do..................  Acute dermal toxicity.
                                       formulations 5 pct and                                                               Residue effects on mammalian
                                       greater and all wettable                                                             and avian species.
                                       powders and liquids.
Nicotine (alkaloid).................  Liquid and dry formulations     Indoor (greenhouse)....  ......do..................  Acute inhalation toxicity.
                                       14% and above.
                                      All formulations..............  Applications to          ......do..................  Effects on aquatic organisms.
                                                                       cranberries.
                                      Liquid and dry formulations     All uses (domestic and   Unclassified..............
                                       1.5% and less.                  nondomestic).
Paraquat (dichloride) and paraquat    All formulations and            All uses...............  Restricted................  Other hazards. Use and
 bis(methyl sulfate).                  concentrations except those                                                          accident history, human
                                       listed below.                                                                        toxicological data.
                                      Pressurized spray formulations  Spot weed and grass      ......do..................
                                       containing 0.44 pct Paraquat    control.
                                       bis(methyl sulfate) and 15
                                       pct petroleum distillates as
                                       active ingredients.
 
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                                      Liquid fertilizers containing   All uses...............  Unclassified..............
                                       concentrations of 0.025 pct
                                       paraquat dichloride and 0.03
                                       percent atrazine; 0.03 pct
                                       paraquat dichloride and 0.37
                                       pct atrazine, 0.04 pct
                                       paraquat dichloride and 0.49
                                       pct atrazine.
Phorate.............................  Liquid formulations 65% and     ......do...............  Restricted................  Acute dermal toxicity.
                                       greater.                                                                            Residue effects on avian
                                                                                                                            species (applies to foliar
                                                                                                                            applications only).
                                                                                                                           Residue effects on mammalian
                                                                                                                            species (applies to foliar
                                                                                                                            application only).
                                      All granular formulations.....  Rice...................  ......do..................  Effects on aquatic organisms.
Phosphamidon........................  Liquid formulations 75% and     ......do...............  ......do..................  Acute dermal toxicity.
                                       greater.                                                                            Residue effects on mammalian
                                                                                                                            species.
                                                                                                                           Residue effects on avian
                                                                                                                            species.
                                      Dust formulations 1.5% and      ......do...............  ......do..................      Do.
                                       greater.                                                                            Residue effects on mammalian
                                                                                                                            species.
Picloram............................  All formulations and            ......do...............  ......do..................  Hazard to nontarget organisms
                                       concentrations except tordon                                                         (specifically nontarget
                                       101 R.                                                                               plants both crop and
                                                                                                                            noncrop).
                                      Tordon 101 R forestry           Control of unwanted      Unclassified..............
                                       herbicide containing 5.4 pct    trees by cut surface
                                       picloram and 20.9 pct 2.4-D.    treatment.
Sodium cyanide \3\..................  All capsules and ball           All uses...............  Restricted................  Inhalation hazard to humans.
                                       formulations.
Sodium fluoroacetate................  All solutions and dry baits...  ......do...............  ......do..................  Acute oral toxicity. Hazard
                                                                                                                            to nontarget organisms. Use
                                                                                                                            and accident history.
Strychnine..........................  All dry baits, pellets and      ......do...............  ......do..................  Acute oral toxicity. Hazard
                                       powder formulations greater                                                          to nontarget avain species.
                                       than 0.5 pct.                                                                        Use and accident history.
                                      All dry baits, pellets and      All uses calling for     ......do..................  Hazard to nontarget
                                       powder formulations.            burrow builders.                                     organisms.
                                      All dry baits, pellets and      All uses except subsoil  ......do..................      Do.
                                       powder formulations 0.5 pct
                                       and below.
                                      ......do......................  All subsoil uses.......  Unclassified..............
Sulfotepp...........................  Sprays and smoke generators...  All uses...............  Restricted................  Inhalation hazard to humans.
Zinc Phosphide......................  All formulations 2% and less..  All domestic uses and    Unclassified..............
                                                                       non-domestic uses in
                                                                       and around buildings.
                                      All dry formulations 60% and
                                       greater..
                                                                      All uses...............  Restricted................  Acute inhalation toxicity.
                                      All bait formulations.........  Non-domestic outdoor     ......do..................  Hazard to non-target
                                                                       uses (other than                                     organisms.
                                                                       around buildings).
                                      All dry formulations 10% and    Domestic uses..........  ......do..................  Acute oral toxicity.
                                       greater.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ "Under evaluation" means no classification decision has been made and the use/formulation in question is still under active review within EPA.
\2\ Percentages given are the total of dioxathion plus related compounds.
\3\ (Note--M-44 sodium cyanide capsules may only be used by certified applicators who have also taken the required additional training.)
 
 
[43 FR 5790, Feb. 9, 1978, as amended at 44 FR 45132, Aug. 1, 1979; 46 
FR 5698, Jan. 19, 1981. Redesignated and amended at 53 FR 15988, May 4, 
1988; 60 FR 32096, June 19, 1995]
 
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Subparts J-T [Reserved]
 
 
 
 
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