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Clopyralid - Registration of Special Local Need Labeling for Stinger (EPA Reg.No. 62719-73) on Strawberries, Assigned SLN No. NY-040004 7/04

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

July 28, 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 Special Local Need Labeling for Stinger (EPA Reg. No. 62719-73) Assigned SLN No. NY-040004

    The Department has reviewed your application, received June 17, 2004, to register Special Local Need (SLN) labeling for Stinger (EPA Reg. No. 62719-73) in New York State. The product contains the 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.

    The Stinger SLN labeling is for postemergence broadleaf weed control in strawberry. The SLN label specifies one or two applications per year, not to exceed 2/3 pint per acre per year.

    Stinger was federally registered in October of 2002 for use on strawberries, however a Section 3 registration has not been sought from state regulatory agencies. Due to the potential for minor and transient crop injury, Dow AgroSciences has requested a Special Local Need registration with "Special Conditions of Use."

    Users are directed to read and accept the "Special Conditions of Use" before opening and using the product. The user is warned of potential phytotoxicity when the product is used as directed by the SLN labeling.

    The Department has received numerous letters of support for the use of Stinger on strawberries. According to Professor Marvin Pritts of Cornell University's College of Agriculture and Life Sciences' Department of Horticulture, strawberry growers have very few herbicides available to them, and weed management is the most significant problem for every grower of matted row berries. Studies have shown that weed management accounts for 50% of labor costs. Only two preemergent herbicides are available for use in the planting year, and these are mostly effective against grasses. Since strawberries are grown as perennials in northern climates, broadleaf perennial weeds rapidly become a problem in many fields. Growers have relied on 2,4-D for management of some of these broadleaf weeds, but using this product is tricky because of its tendency to interfere with flower bud development, and its limited scope of activity. Glyphosate is not labeled for use in strawberries as either directed application or as a wipe.

    Thistles, in particular, are a serious problem in strawberry fields. Seeds are often introduced on straw mulch, and thistles are a serious threat to people who frequent U-Pick operations. In field trials conducted by Cornell University staff, clopyralid was shown to be very effective in controlling thistles and certain other broadleaf weeds common in strawberry fields, particularly weeds that are tolerant of 2,4-D. Strawberries are tolerant of clopyralid, and in Canada, it has been used on strawberries for many years. The use of this material would fill an important niche for strawberry growers.

    Due to concerns regarding 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 SLN 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 appears on the main 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."

    Therefore, under the authority of Section 24(c) of FIFRA, the Department hereby grants a Special Local Need registration for Stinger (EPA Reg. No. 62719-73) on strawberries. The Special Local Need labeling is assigned SLN No. NY-040004.

    Since Stinger is classified as a "Restricted Use" pesticide in New York State pursuant to 6 NYCRR 326.23(e), the Special Local Need registration is also classified as "Restricted Use." 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.

    The Certificate of Pesticide Registration and a copy of the New York State stamped "ACCEPTED" SLN labeling for Stinger (SLN No. NY-040004) are enclosed for your records.

    The SLN labeling specifies use on strawberries only. All precautionary statements, applicable use directions, use precautions and limitations of the labeling affixed to the Stinger product container must be followed.

    Please be reminded that a copy of the accepted SLN label must be in the possession of the user at the time of pesticide application.

    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

Supplemental Label for Stinger (PDF)