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dithiopyr (Dimension) NYSDEC Conditional Registration 12/93

New York State Department of Environmental Conservation
Pesticide Product Registration Section
50 Wolf Road - Room 436 
Albany, New York 12233-7250

James Davis, State Regulatory Manager 
Agricultural Chemicals
Rohm and Haas Company 
Independence Mall West 
Philadelphia, PA. 19105

Dear Mr. Davis,

RE: Registration of Dimension Turf Herbicide (EPA Reg. No.707-245) SLN NY-95 0001

The pesticide product, Dimension Turf Herbicide, on the enclosed Certificate of Registration
has been registered in New York State under the following conditions:
(A) registered under Special Local Need only excluding Nassau and Suffolk Counties. (B) the Department has determined that the product, as noted in the " restriction" column on the Certificate, is to be classified as "restricted use" under rules and regulations 6NYCRR 326.2(g).
As such, Dimension Herbicide is restricted in it's distribution, purchase, sale, use, and possession 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, any restricted pesticide unless said person shall have applied for, and been issued a commercial permit." A review of our records indicates that Rohm and Haas does not possess a currently valid Commercial Permit Should you require information on obtaining a commercial permit, please contact Mr. James S. Moran, supervisor, Bureau of Pesticide Regulation, at (518) 457-7482. Prior to your purchase of the subject product, from Monsanto Company, the Department had conditionally registered Dimension Turf Herbicide (EPA Reg. No. 521-431). The conditions placed on this registration were:
1. Dimension Turf Herbicide is not to be sold, distributed, or used on Long Island due to it's high population density which is exclusively dependent upon groundwater as a source of drinking water, porous soil conditions, and vulnerable aquifer. Monsanto must provide a label to this Department noting that Dimension Turf Herbicide is not for use on Long Island prior to marketing this product within New York State. This label can be either an amended federal label, or a special local need label for registration only in New York State. 2. Monsanto must conduct a field lysimeter study (leachate and soil sampling), under soil type and conditions to be specified in advance by this Department, to address remaining concerns about potential groundwater contamination. Prior to initiation of said study, protocols must be approved by this Department. Upon completion and review of the study, the registration of Dimension in New York State will be re-evaluated. 3. Monsanto must provide this Department with a copy of the final results, when available, of the MON 13200 Aquatic plant study, which Monsanto is using to support the contention that aquatic macrophytes will not demonstrate a greater sensitivity than algae to dithiopyr.
On September 23, 1994, EPA approved the transfer of Dimension Turf Herbicide from Monsanto to Rohm and Haas, company number 707. The EPA Reg. No. 524-421 was changed to 707-245. Rohm and Haas Company has submitted an approved lysimeter study protocol to the Department. On January 10, 1995, Rohm and Haas applied for a Special Local Need label for dimension Turf Herbicide with the required restrictions. Because Rohm and Haas has fulfilled their requirement of an approved Lysimeter Study protocol, submitted a letter of transfer from Monsanto to Rohm and Haas for Dimension, and submitted approved special local need labeling to the Department; the Department approves, the sale and use of dithiopyr in this state with the exception of Nassau and Suffolk Counties, as stated on the enclosed approved labels. If you have any questions, please contact Betty Seeley at (518) 457-7446. Sincerely, Maureen P. Serafini Supervisor Pesticide Product Reg. Section Division of Hazardous Substances Regulation