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ziram (Milbam) Denial of SLN Request 6/96

New York State Department of Environmental Conservation
Division of Solid & Hazardous Materials
Bureau of Pesticides & Radiation
Pesticide Product Registration Section
50 Wolf Road, Albany, New York 12233-7257
Phone 518-457-7446 FAX 518-485-8990

                                              June 12, 1996

Mr. Christopher Davis
Manager, Product Registrations
Agrichemical Division
Elf Atochem North America, Incorporated
2000 Market Street
Philadelphia, PA 19103-3222

Dear Mr. Davis:

Re:  Denial of Special Local Need (SLN) Request for Use of Ziram 76DF
     Fungicide (EPA Reg. No. 4581-140) on Grapes

     This letter confirms your conversation of June 7, 1996 with Teresa Foster 
of my staff.

     Elf Atochem submitted an application to this Department on April 12, 1996 
requesting approval of a Special Local Need registration pursuant to Section 
24(c) of FIFRA for use of Ziram 76DF Fungicide on grapes up to 21 days pre-
harvest to control black rot, Phomopsis cane and leaf spot, and downy mildew. 
(The currently approved Ziram label only allows applications through the 
beginning of fruit formation.)

     Among the reasons cited for requesting the Ziram SLN labeling are that 
the registered fungicides are either not allowed to be used past early season 
or do not provide control o' all of the diseases, and that the current Ziram 
instructions for use on grapes are ambiguous and poorly worded. The proposed 
S= label would alleviate many of these problems by providing broad spectrum 
disease control and permitting use of Ziram throughout the season.

     We reviewed all of the data submitted in support of this SLN request, and 
spoke to growers who might be affected by the proposed SLN label for Ziram in 
New York State. We have received little support from growers for the Ziram SLN 
label and have received no complaints about problems managing diseases using 
the currently registered fungicides.

     The justification of a special local need condition for Ziram is not 
strong. Although researchers at Cornell University indicate that Ziram is a 
useful product from which the grape industry might benefit, they concede that 
use during the 1996 growing season is not critical. For the immediate future, 
New York State grape growers have a number of alternatives for disease 
control; including ferbam, myclobutanil and sulfur. These products, which are 
federally registered for control of diseases on grapes, provide adequate 
protection when applied at the proper time according to label directions.

     Based on this information, we believe there is insufficient justification 
to warrant issuing this SLN registration at this time. Therefore, the request 
to register a Special Local Need label for Ziram 76DF Fungicide on grapes is 
denied.

     While we agree that the directions for use on the proposed SLN labeling 
are less ambiguous, we recommend that this issue be rectified through the 
federal Section 3 registration process. If and when Section 3 registration is 
obtained, you may submit the revised labeling to this Department for review 
and a response within 60 days. Section V.B. of the New York State Pesticide 
Product Registration Procedures Handbook (January, 1996) does not require 
submission of a fee when sending the Department a revised label.

     Please contact Teresa Foster at (518) 457-7446, if you have any questions 
regarding this matter.


                                       Sincerely,



                                       Maureen P. Serafini
                                       Supervisor
                                       Pesticide Product Registration Section

cc: W. Smith - Cornell University, PMEP






New York State Department of Environmental Conservation
Division of Solid & Hazardous Materials
Bureau of Pesticides & Radiation
Pesticide Product Registration Section
50 Wolf Road, Albany, New York 12233-7257
Phone 518-457-7446 FAX 518-485-8990

                                        July 18, 1996

Mr. Christopher Davis
Manager, Product Registrations
Elf Atochem North America, Inc
20O0 Market Street
Philadelphia, PA 19103-3222

Dear Mr. Davis:

Re:  Registration of Special Local Need Label for Ziram 76DF Fungicide 
     (EPA Reg. No. 4581-140)

     Elf Atochem North America has petitioned this Department to reconsider an 
application to register a Special Local Need (SLN) label for Ziram 76DF 
Fungicide on grapes up to 21 days pre- harvest. The original SLN request 
received on April 12, 1996 for this use was denied because of insufficient 
evidence of a special local need condition in New York State, and the 
availability of alternative registered fungicides for use on grapes.

     Through the latest request (with information supported by growers, the 
grape industry and researchers at Cornell University), this Department has 
been made aware of details regarding product availability not presented in the 
original request. Of primary concern are the unavailability of ferbam to New 
York State growers and the high disease pressure caused by excessive rainfall 
this growing season. With ferbam in short supply and with disease pressure 
very high, many growers are at or are approaching their limit on the number of 
applications of alternative registered products allowed for the season. 
Growers in New York State may soon be without sufficient protective measures 
available to them unless appropriate measures are taken.

     Upon reconsideration, we believe that there is now adequate justification 
that a special local need condition exists for Ziram in New York State. 
Therefore, under the authority of Section 24(c) of FIFRA, this Department 
hereby grants a Special Local Need registration for Ziram 76DF Fungicide for 
use on grapes up to 21 days pre-harvest to control black rot, Phomopsis Cane 
and Leaf Spot, and downy mildew during the 1996 growing season. The 
registration expires on December 31, 1996. The registration is assigned SLN 
No. NY-9600007.

     The Certificate of Pesticide Registration and a copy of the New York 
State stamped accepted SLN label for Ziram are enclosed for your records. A 
copy of the approved SLN label must be in the possession of the user at the 
time of pesticide application.

     If you have any questions regarding this matter, please contact Teresa 
Foster at (518) 457-7446.


                                       Sincerely,



                                       Maureen P. Serafini
                                       Supervisor
                                       Pesticide Product Registration Section

Enclosures
cc: w/enc. - W. Smith, Cornell University, PMEP