PMEP Home Page Chem-News Chem-News Archive: 1989 Chem-News May 1989

Chem-News May 1989

May 3, 1989
TO:	Contributors to the New York State Pesticide Recommendations 
	(Redbook), the Cornell Recommends Series, and others interested in 
	pesticide information
FROM:	William G. Smith, Extension Associate
Sodium Fluoaluminate (Cryolite) Emergency Exemption Granted
	The Environmental Protection Agency (EPA) has granted New York State an 
emergency exemption for the use of sodium fluoaluminate (Cryolite) for control 
of the Colorado potato beetle on potatoes grown in New York State.  A complete 
copy of the EPA Mailgram and the New York State Department of Environmental 
Conservation (DEC) amendment can be accessed through the CHEM-NEWS Program on 
CENET.
	William G. Smith, Chemicals-Pesticides Program
"Always Wear the Right Stuff" is Here -- and There!
	"Always Wear the Right Stuff," a portable exhibit on protective clothing 
and equipment for pesticide handlers, is ready to go.  The photos, drawings, 
and text encourage good decision-making on the selection, use, and care of 
clothing and equipment worn when handling pesticides.
	Developed with funds from a College of Human Ecology grant, the exhibit 
is designed to support the pesticide applicator training program and to 
complement the related topics of farm and home safety, personal and family 
health, clothing care, gardening, and environmental responsibility.
	Eleven duplicate exhibits will be developed and should mean easy access 
for all.  One exhibit will be housed in Textiles and Apparel and can be 
borrowed by contacting Vicki Wheelock via CENET or at (607) 255-5588.
	Charlotte Coffman, Textiles and Apparel, College of Human Ecology 
Pesticide Notification Law Is In Effect and Will be Enforced by DEC 
	Contrary to what you might have heard or read, the pesticide 
notification law is in effect and will be enforced by DEC.  Marilyn DuBois in 
a March 24, 1989 memo to DEC Regional Pesticide Control Specialist II's stated 
that "the Department's official position on the laws is that prior 
notification and commercial lawn applications statutes are in effect and are 
enforceable.  The laws, Section 325.1 [except (b) and (kk)] and 325.17 were 
specifically exempted from the temporary injunction issued by the court.  
Certified applicators must provide copies of pesticide labels prior to every 
pesticide application to occupants, owner/agents as specified in Section 33-
0905.5.  The commercial lawn application law (Title 10) requires written 
contracts and posting of the visual notification markers.  Any applicators or 
businesses that choose to comply with the regulations are in compliance with 
the laws."
	Copies of sections of Article 33 are included for your use and 
information.
	For additional local notification enforcement information contact your 
regional DEC office.
33-0905 Pesticide Applicator Certification 
5.a.  Every certified applicator shall, prior to the application of a 
pesticide within or on the premises of a dwelling, supply the occupants 
therein with a written copy of the information, including any warnings, 
contained on the label of the pesticide to be applied.
b.  Except as provided in paragraph c of this subdivision, every certified 
applicator shall, prior to the application of a pesticide within or on the 
premises of a multiple dwelling, building, or structure other than a dwelling 
supply the owner or his agent, with a written copy of the information, 
including all warnings, contained on the label of the pesticide to be applied.  
Such owner or agent shall make available upon request at reasonable times such 
information to the occupants or residents of such multiple dwelling, building, 
or structure.
c.  In the case where an occupant of a multiple dwelling unit retains a 
certified applicator to apply pesticides within such unit, such certified 
applicator shall, prior to the application of a pesticide, supply any 
information, including all warnings, contained on the label of the pesticides 
to the occupants.
d.  For the purposes of this subdivision:
(i)  A "dwelling" is any building or structure or portion thereof which is 
occupied in whole or in part as the home, residence or sleeping place for one 
or two families;
(ii)  A "multiple dwelling" shall mean any dwelling which is to be occupied by 
or is occupied as the residence or home of three or more families living 
independently of each other;
(iii)  A "multiple dwelling unit" shall mean that portion of a multiple 
dwelling occupied by one or more persons as the residence or home of such 
persons; and
(iv)  "Premises" shall mean land and improvements or appurtenances or any part 
thereof.
Title 10
Special Requirements for Commercial Lawn Applications
Section 33-1001  	Requirements and restrictions
        33-1003	Visual notification
        33-1005	Rules and regulations
Section 33-1001  Requirements and Restrictions
1.	Prior to any commercial lawn application the applicator shall enter into 
a written contract with the owner of the property or his agent specifying the 
approximate date or dates of application, number of applications, and total 
cost for the service to be provided and shall supply the property owner or his 
agent with a written copy in at least 12 point type of:
	a.	a list of substances to be applied including brand names and 
generic names of active ingredients;
	b.	any warnings that appear on the label of pesticides to be applied 
that are pertinent to the protection of humans, animals or the environment; 
and
	c.	the company name, address, telephone number, business registration 
number and applicator certification identification card number.
2.	In the event that application on the date or dates specified becomes 
infeasible, the person who is to provide such application shall give the owner 
or his agent oral or written notice of the proposed alternate date or dates, 
and shall receive acceptance of such alternate date or dates from the owner or 
his agent prior to initiating commercial lawn application.
3.	Persons providing commercial lawn applications shall maintain copies of 
all contracts required pursuant to subdivision one of this section.
Section 33-1003  Visual notification
1.	All persons providing commercial lawn application shall affix markers to 
be placed within or along the perimeter of the area where pesticides will be 
applied.  Markers are to be placed so as to be clearly visible to persons 
immediately outside the perimeter of such property.  Such markers shall be 
posted at least twelve inches above the ground and shall be at least four 
inches by five inches in size.
2.	The markers required pursuant to this section shall be in place on the 
day during which the pesticide is being applied and shall instruct persons not 
to enter the property and not to remove the signs for a period of at least 
twenty-four hours.  Such instruction shall be printed boldly in letters at 
least three-eights of an inch in height.
Section 33-1005  Rules and regulations
	The commissioner shall have the power to promulgate the rules and 
regulations necessary and appropriate to carry out the purposes of this title.
	Donald A. Rutz, Chemicals-Pesticides Program
Status of the Notification Lawsuits
	All papers have been filed in the four lawsuits in the State Supreme 
Court and a decision by Judge Cheeseman is expected in the near future.  A 
fifth lawsuit in State Supreme Court was recently filed by the gas and 
electric utilities.  A sixth lawsuit in Federal Court is now under appeal.
	Donald A. Rutz, Chemicals-Pesticides Program
IR-4 Red Alert Reregistration Update - Number 4
Registered uses might be lost under EPA's Reregistration Standards Program due 
to the lack of adequate data. When a Reregistration Standard is issued, IR-4 
requests an update from the major registrant(s) on what uses will be defended. 
The IR-4 RED ALERT is a compendium of what uses will not be defended by the 
major registrant(s).
The following pesticide information has been extracted from the latest IR-4 
Red Alert.  This issue also contains information on several uses of captan 
which are subject to suspension according to the Captan Special Review (24 FEB 
89 Federal Register).
If any of the following uses, that will not be supported by the major 
registrants, are still needed, please complete an IR-4 Pesticide Clearance 
Request (PCR) Form (available from the Chemicals-Pesticides Program) for each 
use and forward it to your appropriate IR-4 Pesticide Regional Coordinator.
(I) INSECTICIDES. MITICIDES AND MOLLUSCICIDES
CHEMICAL: Terbufos (COUNTER)
ACTION: American Cyanamid intends to defend all the  crops currently on the 
COUNTER 15G label.
CHEMICAL: Ethoprop (MOCAP)
ACTION:  Rhone-Poulenc will support all registrations  except the broadcast 
treatment on pineapples with MOCAP EC and MOCAP lOG.
(II) FUNGICIDES AND NEMATICIDES
CHEMICAL:  Captan
ACTION:    The Captan Task Force representing the major manufacturers of 
technical captan, including ICI Americas, Inc., Chevron Chemical Company, Inc. 
and Makhteshim-Agan (America) Inc. will not defend (support) the following 
uses of captan, which are subject to suspension:
 1.  Raspberries:  used as foliar application for control of anthracnose, 
Botrytis fruit rot and spur blight.
 2.  Blackberries:  same use as raspberries.
 3.  Blueberries:  the North American Blueberry Council gathered the residue 
data required to support the continued registration of captan on blueberries. 
IR-4 recently submitted the data to EPA which should allow continued 
registration of captan on blueberries.
 4.  Dewberries:  same use as raspberries.
 5.  Celery:  used as plant bed drench or spray to control damping off. The 
field use (foliar application) has been cancelled.
 6.  Eggplant:  used as a plant bed or flat treatment as a drench or spray to 
control damping off. The field use (foliar application) has been cancelled.
 7.  Peppers and Pimentos:  used as a plant bed treatment as a drench or spray 
to control damping off. The field use (foliar application) has been cancelled.
 8.  Lettuce:  used as a foliar fungicide to control anthracnose and downy 
mildew.
 9. Mangoes:  used as a foliar fungicide to control Cercospora leaf spot or 
blotch, and use as a postharvest dip or spray to control post-harvest molds 
and storage rots, including Botrytis.
10.  Green Onions:  used as a foliar application to control Botrytis.
11.  Spinach:   used as a preplant soil treatment for control of damping off.
12.  Taro:  used as a preplant soil treatment to prevent Pythium soft rot of 
corms.
(III) HERBICIDES AND PLANT GROWTH REGULATORS
CHEMICAL:  2,4-DB
ACTION:    Rhone-Poulenc will not support use on clover, trefoil and mint.
CHEMICAL:  Ethephon (ETHREL, CERONE)
ACTION:    Rhone-Poulenc will maintain the registration on apples, barley, 
blackberries,  boysenberries, cherries, coffee, cotton,  cucumbers, grapes, 
macadamia nuts, melons,  pineapples, peppers, sugar cane, tobacco,  tomatoes, 
walnuts and wheat. Rhone-Poulenc  has cancelled the uses on blueberries,  
cranberries, figs, filberts, guavas, lemons  or tangerines.
CHEMICAL:  Hexazinone (VELPAR)
ACTION:    DuPont plans to conduct the additional  studies to support 
sugarcane, pineapple and blueberry as well as maintaining the registrations on 
pasturegrass and alfalfa.
(IV) REREGISTRATION PROVISIONS OF THE 1988 FIFRA AMENDMENTS
Reregistration will take place in five phases, as follows:
Phase 1:  EPA is required to publish a list of pesticide active ingredients 
subject to reregistration and to ask registrants of pesticide products 
containing those active ingredients whether they intend to seek 
reregistration. List A, pesticides for which registration standards have been 
issued appeared in the 22 FEB 89 Federal Register, pp 7740-7750. The other 
three lists (List B, C, and D) are to include all other active ingredients 
contained in a product first registered before November 1, 1984, for which 
registration standards have not been issued. These lists will be published as 
groups of 150 active ingredients in April, July and October, 1989.
Phase 2:  Registrants are required to respond to EPA concerning their 
intentions to seek reregistration. The registrants must identify missing and 
inadequate scientific studies and formally agree to fill the data gaps. If a 
registrant decides not to seek reregistration, the registration will be 
cancelled.
Phase 3:  Registrants are required to reformat, summarize and certify that 
they have access to raw data for existing studies. In addition, registrants 
are required to "flag" any studies which indicate adverse effects.
Phase 4:  EPA is required to complete its review of submissions made by 
registrants under Phase 2 and 3, to independently identify data gaps and to 
issue requirements for registrants to fill the remaining gaps.
Phase 5:  EPA will conduct a thorough comprehensive examination of all data 
submitted to support the reregistrations. They will reregister the pesticide 
or take other appropriate regulatory action before 1997.
(V) IR-4 PESTICIDE REGIONAL COORDINATOR
Northeast Region:
J.H. Martini, Dept. of Food Science & Technology,NYS Ag. Exp. Sta./Cornell 
Univ., Geneva, NY 14456
	Source:   Dr. Jerry J. Baron, IR-4 Headquarters
Food Laboratory Monthly Report
	The New York State Department of Agriculture and Markets tested 14 apple 
juice and apple sauce samples for daminozide (Alar) during the month of April.  
Alar was not found at  the 1 ppm level.  Subsequently, new, more sensitive, 
methods were employed to detect Alar at 15 ppb and UDMH (a breakdown product) 
at 10 ppb.  Twelve apple samples were tested by the new procedures.  UDMH was 
not detected.  Alar was found in two samples at 400 ppb and 100 ppb.
	Laboratory personnel also analyzed 44 corn and corn products for 
aflatoxin.  No contamination was found at the 20 ppb level.  The necessary 
precision and accuracy in a high performance liquid chromatographic (HPLC) 
method have been obtained for analysis of aflatoxin in milk.  Sensitivity of 
the method is 0.05 ppb.
	New York State Department of Agriculture and Markets
WGS 5/89

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