PMEP Home Page Chem-News Chem-News Archive: 1990 Chem-News February 1990

Chem-News February 1990

DATE:             February, 12, 1990
TO:               Those Interested in Pesticide Information
FROM:             William G. Smith
                  Senior Extension Associate
INDEX 
New York State Notification Regulations Ruled Invalid Again 
Section 18, Emergency Exemptions For New York
Tolerance Set For Caneberries
Tolerance Established For Iprodione on Strawberries
USDA Proposes Survey For Pesticides
EPA's 1991 Pesticide Budget
EPA Market Estimates Predict Decline in Pesticide Use
Atrazine Restricted by EPA
IR-4 To Defend 77 Minor Reregistration Uses
New York Food Laboratory Report
New Video Programs At Cornell
Mesurol Food Uses Discontinued
NEW YORK STATE NOTIFICATION REGULATIONS RULED INVALID AGAIN
On December 21, 1989, the Appellate Division of the New York State 
Supreme Court issued its decision regarding the prior notification and 
commercial lawn application regulations. It declared the regulations 
null and void, based on two matters. First, the Court found that the 
State did not comply with the state Administrative Procedures Act by not 
filing its regulations within the required period of time. Second, the 
Court found that the State did not meet the requirements of the State 
Environmental Quality Review Act, by failing to prepare an environmental 
impact statement, based on the impacts on Integrated Pest Management. 
The Department expects to ask the Court to appeal the decision to the 
State Court of Appeals. This request must be filed within 30 days of the 
Court decision.
The recent decision (12/21/89) of the Appellate Division of the State 
Supreme Court invalidated all of the regulations promulgated by the 
Department for prior notification and commercial lawn applications of 
pesticides. The amendments to Section 325.1 and 325.17, and new Sections 
325.3, 325.28, 325.29 and 325.45 are not in effect. Note that the 
previously existing definitions in Part 325.1 remain in effect. In 
addition, the requirements for commercial application, contained in the 
Environmental Conservation Law (ECL) Section 33-0905(1) and (2) continue 
to apply, although the conforming amendments to Part 325.17 were 
annulled. The Department is reviewing the decision to determine whether 
to request Appellate Court permission to appeal the decision to the 
Court of Appeals. 
The prior notification and commercial lawn application obligations now 
rely on the statutes, Section 33-0905.5 and Title 10 of Article 33, ECL.
 
I. Prior Notification Statute
The law requires that prior to each pesticide application performed by a 
certified applicator, within or on the premises of a dwelling, multiple 
dwelling, or building/structure that is not a dwelling, the label(s) of 
the pesticides to be applied must be provided to the occupants of the 
dwelling or the multiple dwelling unit (where the applicator is retained 
by the applicant); and to the owner/agent of a multiple family dwelling 
or a building or structure that is not a dwelling. The label must be 
provided prior to the pesticide application. When the law requires 
the label to be given to the owner/agent, that person must make the 
label available to anyone that requests it. Dwelling is defined as the 
home, residence or sleeping place for one or two families.  Premises is 
defined as the land and improvements or appurtenances or any part 
thereof.
II. Commercial Lawn Applications Statute
A. Written Contracts
The law requires that written contracts must be entered into prior to 
the commercial lawn application of pesticides. The contract must contain 
the following information:
  
      -- the approximate date or dates of application;
      -- number of applications;
      -- total cost for the service;
      -- in 1 2-point type or larger,
      -- a list of substances to be applied, including brand and generic 
         names of active ingredients;
      -- any warnings appearing on the labels of pesticides to be
         applied that are pertinent to the protection of humans, 
         animals or the   environment; and 
      -- the company name, address, telephone number, business 
         registration number and applicator certification 
         identification card number.
If the dates become infeasible, the contracting party must be provided 
with oral or written notice of the proposed alternate dates, and the 
applicator shall receive acceptance of the alternative dates prior to 
the pesticide application.
The contracting party may waive notification of the dates, but the 
waiver must fully inform such persons of their rights, be in writing and 
signed by the contracting party (i.e. the customer).
B. Visual Notification Markers
The visual notification markers must instruct persons, in type size at 
least three-eighths of an inch in height, not to enter the property and 
not to remove the signs for a period of at least twenty-four hours. The 
markers are to be placed within or along the perimeter of the area where 
pesticides will be applied, and they must be posted at the time of the 
application. They must be clearly visible to persons immediately outside 
the perimeter of such property. They must be posted at least 12 inches 
above the ground the signs must be at least 4 inches by 5 inches. 
There are no color requirements in the law. There are no sign posting 
intervals in the law.
III. Enforcement
The Department will enforce the above statutory provisions until such 
time as a decision is made by the Court of Appeals or other action is 
taken by the Department or the Legislature. The regional staff should 
actively enforce these provisions in the course of its inspections, in 
response to complaints and other enforcement activities. Regions should 
continue to track these activities in order to monitor compliance and to 
determine where changes might be warranted in the law or regulations. 
 
       Marilyn M. DuBois, Director, Bureau of Pesticide Management
EDITORIAL NOTE:  Under Number 1, Prior Notification Statute, DuBois 
states that the label must be provided prior to the pesticide 
application.  The law does not specifically state the word "label," but 
clearly indicates that only "a written copy of the information, 
including any warnings, contained on the label of the pesticide to be 
applied" must be provided.
        W. Smith, Chemicals-Pesticides Program
SECTION 18, EMERGENCY EXEMPTION REQUESTS FOR NEW YORK STATE
The following FIFRA section 18, emergency exemptions, have been 
completed and submitted to the Department of Environmental Conservation 
for their review and approval:
            Carboxin plus thiram (Pro-Gro) seed treatment for control of
            onion smut in/on onions (DEC submitted this to EPA on
            2/1/90).
            Pendimethalin (Prowl) for control of prostrate spurge and
            other weeds in onions (DEC submitted this to EPA on 2/1/90).
            Cyromazine (Trigard) for control of onion maggot in onions(
            the DEC has denied this request indicating that it should be
            covered under an experimental use permit program.  The
            Chemicals-Pesticides Program concurs with this decision
            since the company, Ciba-Geigy, would only allow
            the use of cyromazine on a total of 25 acres).
            Sodium fluoaluminate (Kryocide, Prokil) to control the
            Colorado potato beetle on potatoes (submitted to DEC on
            1/30/90).
            Imazethapyr (Pursuit) to control broadleaf weeds in snap
            beans and dry beans (red kidney only) (submitted on
            1/25/90).
TOLERANCE SET FOR FUNGICIDE ON CANEBERRIES
The Environmental Protection Agency (EPA) has established a tolerance of 
0.1 p.p.m. on caneberries for residues of the fungicide aluminum tris 
(O-ethyl-phosphonate) also known as fosetyl-al. The tolerance was based 
on a petition submitted by Rhone-Poulenc Inc. 
Aluminum tris (O-ethylphosphonate) is classified as a Category C 
oncogen (possible human carcinogen with limited evidence of 
carcinogenicity in animals) by EPA, with an allowable daily intake (ADI) 
of 3.0 mg/kg body weight per day.
     Pesticide & Toxic Chemical News, 1/31/90 
TOLERANCE ESTABLISHED FOR IPRODIONE (ROVRAL) ON STRAWBERRIES
A pesticide tolerance has been established for the fungicide 
iprodione (Rovral) in or on strawberries at 15.0 parts per million.  
Rhone-Poulenc Inc. submitted the petition.
    Federal Register, 1/29/90
USDA PROPOSES $25 MILLION PROGRAM TO SURVEY PESTICIDE USAGE AND 
RESIDUES
The USDA has proposed a $25 million "food safety initiative" as 
part of its fiscal year 1991 budget package, including a program to 
collect pesticide usage and residue data for fruits and vegetables.
Noting that EPA pesticide registration decisions "assume that all 
pesticides are used at the maximum allowable amounts for the maximum 
number of approved applications," and that FDA residue monitoring is 
"limited to warranting validation," USDA's budget summary indicated.
The initiative includes $15.8 million to be channeled to states 
for "statistically based tests of commodity residues."  The program 
would begin with fruits and vegetables and would be expanded to milk and 
dairy products, wheat and rice, nuts, and processed food products in 
1992.
A new survey of on-farm pesticide usage was proposed for $7 
million. The data would be used to support the water quality programs as 
well as other environmental studies and would be useful in determining 
what chemicals to isolate in the national residue monitoring program. 
The remainder of the $25 million includes: $1. 2 million for the 
Economic Research Service to estimate the impacts of alternative 
pesticide regulations and policies and conduct additional research on 
the economics of food safety, and $1 million for residue exposure 
estimates based on the residue data and USDA food consumption surveys.
     Pesticide & Toxic Chemical News,  1/31/90
EPA 1991 PESTICIDE BUDGET NEARLY STATIC EXCEPT FOR ENFORCEMENT
The Administration's 1991 pesticide budget request was for $110.1 
million and 1,092 workyears, an increase of $5.3 million and 101 
workyears from 1990. The 1991 request seemed to have an enforcement 
emphasis and added five pesticide pollution prevention projects. Outputs 
for 1991 were level with 1990 except for:
      - Increases in federal and state enforcement activities of 270 
        producer establishment inspections
      - 540 use/reentry and experimental use observations
      - 270 marketplace inspections, and 4,500 import
        inspections .
Also increased from 1990 were: state applicator license and record 
inspections, up 250; state dealer record inspections, up 150, and state 
disposal, storage, transportation and recall inspections, 5,000 (there 
were none in 1990) .
The EPA "Justification of Appropriation Estimates for Committee on 
Appropriations" noted that in 1991, 50 pesticide registration standards 
would be completed compared with 10 estimated for 1990.
Under the heading "generic chemical review," there were five 
pesticide pollution prevention projects noted in the justification 
document with these 
purposes: 
      (1) reduce surface and groundwater contamination and human health 
risks due to application of herbicides in major corn-producing states; 
      (2) work with the Office of Research and Development ( ORD ) to 
develop a pesticides inerts strategy which formally addresses air 
pollution problems associated with volatile organic compounds;
 
      (3) work with ORD and Region III to develop and test the 
reliability of a pesticide hazard index to reduce the risk of pesticides 
in the Chesapeake Bay watershed; 
      (4) work with ORD, the regions and states to develop a decision 
support system that will help states and local governments protect 
groundwater from pesticides, and 
      (5) support ORD in developing information that would lead to a 
reduction in pesticide applications through the management of biological 
degradation processes."
The 1991 budget request for registration, special review and 
tolerances was for $17.9 million and 266 workyears, up $1. 3 million 
over 1990 but with no change in total workyears from 1990.
Under this program request, the justification document said, "In 
1991, the agency expects to conduct 330 reviews of new chemicals and 
biochemical/microbial agents, 3,850 reviews of old chemicals, 4,560 
amended registration reviews, 300 new use reviews, and 475 tolerance 
petition reviews. The emphasis on processing new chemicals and new uses 
will be continued in 1991. This will permit more rapid entry of newer, 
safer chemicals into the market."
The pesticides enforcement request for 1991 was for $24,277,900 and 
157.3 workyears, an increase of $5,734, 300 and 25.1 workyears from 
1990.
      Pesticide & Toxic Chemical News, 1/31/90 
EPA MARKET ESTIMATES PREDICT DECLINE IN AGRICULTURAL PESTICIDE USE
The agricultural share of pesticide usage, representing three-
quarters of the total used annually, has stabilized and may even decline 
in the coming years, 
according to new market estimates from the Economic Analysis Branch, 
Biological and Economic Analysis Division, OPP, EPA. Factors 
contributing to this trend include lower application rates due to the 
introduction of more potent pesticides, more efficient use of products 
and lower farm commodity prices, the economists said.
"It is not unusual to see maximum application rates for new 
agricultural pesticides equal to one or two ounces per acre, whereas 
application rates for older pesticides often reach several pounds per 
acre. This trend is particularly pronounced in the insecticide market 
and to a lesser degree in the market for herbicides," they said in their 
report, "Pesticide Industry Sales and Usage: 1988 Market Estimates." 
Other highlights included:
      -- Herbicides are the leading type of pesticides, in terms of user 
         expenditures and volume used.
      -- About 1.1 billion pounds (active ingredient) of conventional 
         pesticides are used in the U.S.
      -- Total U. S. pesticide use in 1988 approached 2.7 billion pounds 
         of active ingredient (this figure includes wood preservatives, 
   for herbicides," they said in their 
report, "Pesticide Industry Sales and Usage: 1988 Market Estimates." 
Other highlights included:
      -- Herbicides are the leading type of pesticides, in terms of user 
         expenditures and volume used.
      -- About 1.1 billion pounds (active ingredient) of conventional 
         pesticides are used in the U.S.
      -- Total U. S. pesticide use in 1988 approached 2.7 billion pounds 
         of active ingredient (this figure includes wood preservatives, 
         disinfectants and sulfur) .
      -- Farmers' expenditures for pesticides represent slightly less 
         than 4% of total farm production expenditures.
      -- The two most widely used pesticides by volume are 
         alachlor and atrazine.
      -- There are about 1.2 million certified pesticide applicators in 
         the U.S.
      -- Annual U.S. pesticide user expenditures totalled approximately 
         $7.4 billion in 1988 .
      -- U.S. pesticide sales represent about one-quarter of the world 
         market.
The report said the efficiency of pesticide use had improved as a 
result of more and better certification programs, more widespread use of 
integrated pest manage- ment and the pesticide producers' provision of 
better information to farmers. "Increased interest in Low Input 
Sustainable Agriculture (LISA) will probably tend to further reduce the 
quantity of pesticides used in the future," it said.
      Pesticide & Toxic Chemical News, 1/31/90 
ATRAZINE USE RESTRICTED; OTHER LABEL CHANGES IMPOSED BY EPA
Atrazine has been classified by the Environmental Protection 
Agency (EPA) as a restricted-use pesticide based on groundwater 
contamination criteria.  Also, EPA has agreed to other label changes 
voluntarily proposed by registrants.
Atrazine, of which 75 to 90 million pounds are used annually, has 
been found in the groundwater of approximately 25 states due to both 
point and non-point sources, EPA said. It has been classified as a Group 
C (possible human carcinogen), based on increased incidence of mammary 
tumors in female rats. The Office of Drinking Water has proposed a 
Maximum Contaminant Level (MCL) of 3 parts per billion (ppb). 
The EPA has advised the technical registrants of atrazine of its 
approved label amendments designed to reduce worker exposure and point-
source groundwater contamination . Without the new labels, no product 
will be released for shipment after September 1, 1990.  In letters sent 
last week to Ciba-Geigy Corp., E. I . du Pont de Nemours & Co. Inc., 
Drexel Chemical Co., and Oxon Italia and Industria Prodotti Chimici, the 
agency commended the companies for voluntarily requesting the changes, 
but noted that additional action may be necessary to reduce groundwater 
contamination by atrazine.
The revised end-use product labels must carry the following 
statements: 
  1. "Restricted-use pesticide (groundwater concerns). For retail sale 
to and use only by certified applicators or persons under their direct 
supervision, and only for those uses covered by the certified 
applicator's certification. This product is a restricted-use herbicide 
due to groundwater concerns. Users must read and follow all 
precautionary statements and instructions for use in order to minimize 
potential for atrazine to reach groundwater."The revised precautionary 
statements and instructions in EPA's letter are:
  2. "Users are required to wear long sleeve shirts and long pants or 
equivalent, chemical resistant gloves, and boots (waterproofed). In 
addition, persons involved in mixing/loading operations are required to 
use chemical resistant rubber or neoprene gloves and a face shield or 
goggles."
  3. "Groundwater contamination may be reduced by diking and flooring 
of permanent liquid bulk storage sites with an impermeable material."
  4. "This product may not be mixed/loaded, or used within 50 feet of 
all wells including abandoned wells, drainage wells, and sink holes."
  5. "Do not apply this product through any type of irrigation system."
  6. "Postemergence application to corn and sorghum must be made before 
corn and sorghum reaches 12 inches in height."
  7. The maximum application rate for corn and sorghum is 3 lbs. a.i. 
per acre per calendar year. Applications for quackgrass suppression in 
corn and sorghum are restricted to a spring application only. No fall 
applications are permitted."
  8. "Application rates to non-crop land for industrial weed control 
cannot exceed a maximum of 10 lbs. a.i. per acre per calendar year."
Label statements for manufacturing use products must carry the 
following:
  1. "This product can only be used to formulate products with 
agricultural and/or industrial weed control directions if the labeling 
for such end-use products contains a restricted use classification and 
the following information and/or revised use directions".
  2. "If this product is used to formulate lawn care products with less 
than 2% atrazine active ingredient, the above restrictions (the 
precautionary statements and instructions already litime to process the changes prior to 
the release for shipment date, the letter said .
After September 1, 1990, it will be considered a violation of the 
revised technical label to formulate end-use products after that date 
which do not bear the new label. The agency will not require relabeling 
of stocks in the channels of trade.
    Pesticide & Toxic Chemical News, 1/32/90
IR-4 SCHEDULED TO DEFEND 77 MINOR REREGISTRATION USES IN 1990
During 1990, the IR-4 Project is scheduled to defend 77 minor 
reregistration uses, according to this month's "IR-4 Pesticide 
Reregistration Alert".  
The tentative projects for the year included:
Fungicides: Benomyl -- spinach, mustard greens, papaya; Captan-- 
green onion, lettuce, caneberry, mango; chlorothalonil-- mint, papaya; 
Ferbam-- cherry, caneberry, cranberry, grape, currant, gooseberry, date, 
guava, mango, papaya; Ziram-- spinach, pepper, tomato, grape, 
blackberry, raspberry. .
Herbicides: Ametryn-- tanier; Linuron-- parsnip.
Insecticides: Azinphos-methyl-- kiwifruit, parsley; diazinon-- 
blueberry, filbert, coffee, fig, watercress; dicofol-- blackberry, 
raspberry; malathion-- papaya, passion fruit; methomyl-- chicory; 
Naled-- turnip greens, eggplant, mushroom, hops; parathion-- 
cranberry, raspberry, avocado, hops; phorate-- hops.
     IR-4 Pesticide Reregistration Alert, 1/90
NEW YORK STATE DEPARTMENT OF AGRICULTURE AND MARKETS
FOOD LABORATORY
Monthly Report for December, 1989
During December, 173 samples were tested for the presence of pesticides. 
Four samples contained residue in excess of tolerances.  Results 
indicate that 66 percent of the samples were free of detectable 
pesticides.
Special projects in December included:
1. Analysis of raw milk for DDT and DDE.
2. Testing of vacuum packaged meat products for salt, nitrites and 
    nitrates.
3. Testing of Long Island potatoes for endosulfan.
4. Analysis of a wide variety of Kosher products for misbranding.
5. Analysis of egg bread for egg content.
6. Tour of laboratory by 36 food technology students.
7. Tour of laboratory by Senate and Assembly Agriculture 
    Committees.
     Monthly Report for January, 1990
No residues were detected in any of the 49 milk samples 
analyzed. Six reinspection samples of potatoes from a farm in Suffolk 
County contained excessive levels of endosulfan (Thiodan) (0.27-0.32 
ppm). Potatoes from a second farm in the same county also contained 0.22 
ppm of endosulfan. The tolerance is 0.20 ppm. An imported sample of 
mixed cereal with nuts and dry fruit contained 0.04 ppm Methyl 
Pirimiphos and 0.08 ppm Fenitrothin. Tolerances have not been set for 
either of the two pesticides.
Special projects during January included:
1. Testing of potatoes for endosulfan.
2. Analysis of canned evaporated milk for animal drugs.
3. Examination of oysters for excessive free liquor.
4. Ongoing testing of fresh sausage and ground beef for ascorbates 
    and niacin.
5. Analysis of apples for Alar.
6. Analysis of milk for Sulfamethazine.
Source: New York State Agriculture & Markets Monthly Report
NEW VIDEO PROGRAMS AT CORNELL
The Chemicals/Pesticides Program has added two new video programs 
to the Audio Visual Center (AVC).  A VHS video tape containing two 
programs discussing the environment and health risks is now available. 
The rental for county agents is one-half the listed price. To-date  
rates have not been established, but will be soon.  Call Rich Gray (607) 
255-2091 for AVC rental information. The following are brief 
descriptions of the two programs:
Big Fears Little Risks
Walter Cronkite narrates a report on chemicals in the environment. 
Presented by the American Council on Health, the health effects of the 
environment are discussed by world leading experts on cancer, chemistry 
and the effects of chemicals on the body.
20/20 The Polluted World According to Dr. Ames.
The 20/20 news team, with John Stossel reporting, investigates the 
popular assumptions of chemicals, cancer and pollution. Featuring 
interviews with Dr. Bruce Ames.
     Ron Gardner, Chemicals-Pesticides Program
METHIOCARB (MESUROL)  FOOD USES EXPIRE
Reregistration requirements and associated expense on cherries and 
blueberries have made it necessary for Mobay not to support the 
continued use of methiocarb (Mesurol) on food crops (food uses for 
Mesurol 75 WP expired on September 15, 1989). Mesurol 75 WP, with 
foodcrop label(s), is not to be sold, used, or distributed after that 
date and grower use of the product on food crops in 1990 will violate 
EPA and state regulations.  Mobay will be happy to take back 
inventory in the original containers for full credit.
Mesurol 75 WP is still labelled for use on ornamentals (nurseries 
and greenhouse only).
Mobay Corporation, Agricultural Chemicals Division
WGS 2/90

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For more information relative to pesticides and their use in New York State, please contact the PMEP staff at:   5123 Comstock Hall Cornell University Ithaca, NY 14853-0901 (607) 255-1866

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