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clopyralid, monoethanolamine NYS DEC Letter - New Pesticide Product Registration 4/04

New York State Department of Environmental Conservation
Division of Solid & Hazardous Materials

Bureau of Pesticides Management
Pesticide Product Registration Section
625 Broadway, Albany, New York 12233-7257
Phone 518-402-8768     FAX 518-402-9024
Website: http://www.dec.state.ny.us/website/dshm/pesticid/pesticid.htm
E-Mail: ppr@gw.dec.state.ny.us

April 1, 2004

CERTIFIED MAIL
RETURN RECEIPT REQUESTED


Raymond S. Brinkmeyer, Ph.D.
State Regulatory Leader
Regulatory Success - Americas
Dow AgroSciences LLC
9330 Zionsville Road
Indianapolis, Indiana 46268-1054

Dear Dr. Brinkmeyer:

Re: Registration of One New Pesticide Product, Stinger (EPA Reg. No. 62719-73), Which Contains the Active Ingredient Clopyralid, Monoethanolamine Salt

    The New York State Department of Environmental Conservation (Department) has reviewed your application, received November 3, 2003, and additional information, received January 20, 2004, to register one new pesticide product, Stinger (EPA Reg. No. 62719-73), in New York State. The product contains the currently registered active ingredient clopyralid, monoethanolamine salt (chemical code 117401).

    Clopyralid is in the pyridinecarboxylic acid family of chemicals, and is a systemic, auxin type of growth regulator, disrupting in-plant growth processes by binding receptor sites normally used by the plant's natural growth hormones. Uptake occurs through both the roots and the leaves.

    Stinger (EPA Reg. No. 62719-73) is labeled for selective postemergence control of broadleaf weeds in a variety of crops.

    The following is a list of labeled crops and application rates:
Crop single application rate max. application rate
asparagus 1/2 to 2/3 pint per acre 2/3 pint per acre per season
barley, oats and wheat 1/4 to 1/3 pint per acre 1/3 pint per acre per season
Brassica (cole) leafy vegetables 1/4 to 1/2 pint per acre 1/2 pint per acre per season
canola (rapeseed), crambe 1/4 to 1/2 pint per acre 1/2 pint per acre per season
Christmas tree plantations 1/4 to 2/3 pint per acre 2/3 pint per acre per season
corn (field, pop and sweet) 1/4 to 2/3 pint per acre 2/3 pint per acre per season
Cottonwood/Poplar and Eucalyptus Tree Plantations 1/3 to 2/3 pint per acre 1 1/3 pint per acre per season
fallow cropland 1/4 to 2/3 pint per acre 2/3 pint per acre per season
garden beet 1/4 to 1/2 pint per acre 1/2 pint per acre per season
grasses grown for seed 1/4 to 2/3 pint per acre 2/3 pint per acre per season
mint (spearmint and peppermint) 1/3 to 1 pint per acre 1 pint per acre per season
spinach 1/6 to 1/3 pint per acre 1/2 pint per acre per season
stone fruit 1/3 to 2/3 pint per acre 2/3 pint per acre per season
sugarbeet 1/4 to 2/3 pint per acre 2/3 pint per acre per season
turnip (roots and tops) 1/3 to 1/2 pint per acre 1/2 pint per acre per season
rangeland, pasture, conservation reserve program and non-crop uses 1/4 to 1 1/3 pint per acre 1 1/3 pint per acre per season


    The Stinger label contains the following advisory statement: "Clopyralid is a chemical which can travel (seep or leach) through soil and under certain conditions contaminate groundwater which may be used for irrigation or drinking purposes. Users are advised not to apply clopyralid where soils have a rapid to very rapid permeability throughout the profile (such as loamy sand to sand) and the water table of an underlying aquifer is shallow, or to soils containing sinkholes over limestone bedrock, severely fractured surfaces, and substrates which would allow direct introduction into an aquifer. Your local agricultural agencies can provide further information on the type of soil in your area and the location of groundwater."

    Due to the potential for groundwater contamination, all currently registered clopyralid containing products are "Not for sale, use, or distribution in Nassau and Suffolk counties in the state of New York."

    The Stinger label also bears the New York State specific language requirement which prohibits the sale, use, or distribution in Nassau and Suffolk counties in the state of New York.

    The maximum application rate of the acid equivalent of clopyralid in New York State is 0.25 lb. per acre per crop year.

    The following New York State specific application rate language has been added to the Stinger label: "In New York State, the maximum application rate for Stinger is 2/3 pint (0.25 lb. acid equivalent of clopyralid) per acre per growing season. Do not exceed a total cumulative amount of 0.25 lb. acid equivalent of the active ingredient clopyralid per acre per crop year."

    Based on the above information, registration will be granted to allow postemergent use at a maximum of 2/3 pint (0.25 lb. acid equivalent clopyralid) of Stinger per acre per growing season and a maximum cumulative amount of 0.25 lb acid equivalent of clopyralid per acre per crop year with the understanding that the Department will review any new or additional information on the active ingredients which may become available. Due to the concerns for groundwater contamination, the Department will also classify this label as Restricted Use to more accurately track the use of this product in New York State.

    Therefore, the Department hereby accepts for Restricted Use registration in New York State the new pesticide product Stinger (EPA Reg. No. 62719-73). The labeling bears the New York State specific restrictive statements: "NOT FOR SALE USE OR DISTRIBUTION IN NASSAU AND SUFFOLK COUNTIES IN NEW YORK STATE." and "In California and New York, the maximum application rate for Stinger is 2/3 pint per acre per growing season. Do not exceed a cumulative amount of 2/3 pint (0.25 lb acid equivalent (a.e.)) of clopyralid per acre per crop year."

    Stinger is classified as a "Restricted Use" pesticide in New York State pursuant to 6 NYCRR 326.23(e). Please note the "YES" under the "restriction" column on the enclosed Certificate of Pesticide Registration and the "classified for restricted use in New York State" stamp on the enclosed product label.

As such this product is restricted in its purchase, distribution, sale, use and possession in     New York State. Furthermore, this product may only be purchased and used by a certified applicator in New York State.

    According to New York State Department of Environmental Conservation Regulations 6NYCRR 326.3(a): "It shall be unlawful for any person to distribute, sell, offer for sale, purchase for the purpose of resale, or possess for the purpose of resale, any restricted pesticide unless said person shall have applied for, and been issued a commercial permit."

    Should you require information to obtain a commercial permit, please contact the Pesticide Certification Section at (518) 402-8748.

    The Pesticide Reporting Law (PRL) in the Environmental Conservation Law Article 33 Title 12 requires all certified commercial pesticide applicators to report information annually to the Department regarding each pesticide application they make. Commercial pesticide retailers are required to report all sales of restricted pesticide products and sales of general use pesticide products to private applicators for use in agricultural crop protection. If no sales are made within New York State, a report still must be filed with the Department indicating this is the case.

    If you need information relating to the Pesticide Reporting Law, or annual report forms, please visit the Department's website or contact the Pesticide Reporting Section at (518) 402-8765.

    Enclosed are your New York State stamped "ACCEPTED" label and a copy of the Certificate of Registration.

    Dow AgroSciences LLC is reminded that if New York State registration is requested for this product or for any other product which contains clopyralid with an increased application rate, expanded use sites, and/or additional application method the product will be considered a Major Change in Labeling and the Department will require an extensive review.

    Please contact Ms. Jeanine Broughel, of my staff, at (518) 402-8768, if you have any questions.

Sincerely,

Samuel J. Jackling
Chief
Pesticide Product Registration Section

Enclosures
cc: w/enc. - N. Kim/D. Luttinger - NYS Dept. of Health
R. Zimmerman/ R. Mungari - NYS Dept. of Ag. & Markets
G. Good/W. Smith - Cornell University, PMEP