In an effort to improve pesticide product labeling, the EPA has been exploring the feasibility of allowing registrants to make “legally enforceable pesticide product labeling” available to users via the Internet. What began with EPA in 2007 with a “Web-Distributed Labeling Workgroup” and a “User Acceptance Pilot” program in 2010 has now progressed to the Agency recently releasing new guidance regarding a voluntary approach to web-distributed labeling (WDL). It would essentially allow registrants to refer users to a website for the appropriate product information while also having the label attached to the product container. 

 

NAAA has been actively involved with the EPA and other stakeholders in discussing this issue, as it could markedly change the way users and dealers are able to access labels and comply with the appropriate crop protection product application regulations. The Association has expressed concern with this proposed system as there are numerous questions still unanswered, along with the burden such a system could potentially place on applicators. Among NAAA’s concerns are rural website accessibility and security as well as confusion that may arise should electronic labels differ from labels accompanying the physical product.  

 

A web-distributed label, as proposed by EPA, would work something like this: a downloadable label would provide “a streamlined version” of the actual product labeling and include directions for use as well as necessary information related to the user’s specific state and intended use while the product container would still be accompanied by a physical copy of the EPA-accepted label. Registrants wishing to use WDL would be responsible for submitting an amended registration application to EPA and then for ultimately creating, publishing and maintaining the website containing the WDL. To ensure WDL is enforceable under FIFRA, registrants would need to add a statement to their product container label that would specify the electronic version of the label was also legally valid and in cases of conflict users would be able to choose which version—electronic or hard copy—to follow. 

 

The current draft PR Notice provides guidance on how EPA intends to implement WDL as a result of the previous work completed on this issue. The Agency is explicit to point out that it is not binding in nature, as clearly there are still many issues to resolve before a web-based system can be successfully and efficiently implemented. Please click here to link to the Federal Register with details about the draft PR Notice or go to Regulations.gov and enter docket number: EPA-HQ-OPP-2012-0906. The Agency is soliciting public comments that must be received on or before April 16, 2013.