Risks Remain Uncertain While Prohibited Safety Claims Continue
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Risks Remain Uncertain While Prohibited Safety Claims Continue
Date:
Tue, 13 Aug 2002 11:07:41
-400
From:
Stephen Tvedten <steve@getipm.com>
Organization: Get Set Inc. (www.getipm.com)
To: Paul Helliker <phelliker@cdpr.ca.gov>
Director, State of California, Department of Pesticide
Regulation
cc: Christine Whitman whitman.christine@epa.gov
United States General Accounting Office
Report to the Chairman, Subcommittee on Toxic Substances,
Environmental Oversight, Research and Development, Committee on
Environment and Public Works, U.S. Senate
GAO/RCED-90-134
March 1990
LAWN CARE PESTICIDES
Risks Remain Uncertain While Prohibited Safety Claims Continue
Executive Summary
Purpose
The professional lawn care business has developed into a billion dollar
industry over the last decade as more and more people have turned to such
companies for lawn maintenance. To create beautiful lawns free of weeds and
pests, professional lawn care companies rely on chemical pesticides. Many
homeowners purchase this service, while others purchase and apply these
pesticides themselves. As with most pesticides, these chemicals have the
potential to create serious problems affecting human health and the
environment. The range of concerns about the risks of pesticides has expanded
to include potential chronic health effects, such as cancer and birth
defects, and adverse ecological effects.
Currently these pesticides are being applied in large amounts without complete knowledge of their safety. Concerns have been raised about protecting the public from exposure to the risk of lawn care pesticides. As a result, the Chairman, Subcommittee on Toxic Substances, Environmental Oversight, Research and Development, Senate Committee on Environment and Public Works, requested that GAO review the information that the lawn care pesticides industry-manufacturers, distributors, and professional applicators-provides to the public about the safety of its products, federal enforcement actions taken against lawn care pesticide safety advertising claims, and the re-registration status of 34 lawn care pesticides.
Download the full 1990 GAO Report on Safety Claims from the following url
http://www.getipm.com/government/fifra-laws/gao-rpt.htm
==================================
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 150 to 189]
[Revised as of July 1, 1999]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR156]
(5) False or misleading statements. Pursuant to section 2(q)(1)(A) of the Act, a pesticide or a device declared subject to the Act pursuant to Sec. 152.500, is misbranded if its labeling is false or misleading in any particular including both pesticidal and non-pesticidal claims. Examples of statements or representations in the labeling which constitute misbranding include:
(i) A false or misleading statement concerning the composition of the product;
(ii) A false or misleading statement concerning the effectiveness of the product as a pesticide or device;
(iii) A false or misleading statement about the value of the product for purposes other than as a pesticide or device;
(iv) A false or misleading comparison with other pesticides or devices;
(v) Any statement directly or indirectly implying that the pesticide or device is recommended or endorsed by any agency of the Federal Government;
(vi) The name of a pesticide which contains two or more principal active ingredients if the name suggests one or more but not all such principal active ingredients even though the names of the other ingredients are stated elsewhere in the labeling;
(vii) A true statement used in such a way as to give a false or misleading impression to the purchaser;
(viii) Label disclaimers which negate or detract from labeling statements required under the Act and these regulations;
(ix) Claims as to the safety of the pesticide or its ingredients, including statements such as ``safe,'' ``nonpoisonous,'' ``noninjurious,'' ``harmless'' or ``nontoxic to humans and pets'' with or without such a qualifying phrase as ``when used as directed''; and
(x) Non-numerical and/or comparative statements on the safety of the product, including but not limited to:
(A) ``Contains all natural ingredients'';
(B) ``Among the least toxic chemicals known''
(C) ``Pollution approved''
(6) Final printed labeling. (i) Except as provided in paragraph (a)(6)(ii) of this section, final printed labeling must be submitted and accepted prior to registration. However, final printed labeling need not be submitted until draft label texts have been provisionally accepted by the Agency.
(ii) Clearly legible reproductions or photo reductions will be accepted for unusual labels such as those silk-screened directly onto glass or metal containers or large bag or drum labels. Such reproductions must be of microfilm reproduction quality.
(b) Name, brand, or trademark. (1) The name, brand, or trademark under which the pesticide product is sold shall appear on the front panel of the label.
(2) No name, brand, or trademark may appear on the label which:
(i) Is false or misleading, or
(ii) Has not been approved by the Administrator through registration or supplemental registration as an additional name pursuant to Sec. 152.132.
(c) Name and address of producer, registrant, or person for whom produced. An unqualified name and address given on the label shall be considered as the name and address of the producer. If the registrant's name appears on the label and the registrant is not the producer, or if the name of the person for whom the pesticide was produced appears on the label, it must be qualified by appropriate wording such as ``Packed for * * *,'' ``Distributed by * * *,'' or ``Sold by * * *'' to show that the name is not that of the producer.
(d) Net weight or measure of contents. (1) The net weight or measure of content shall be exclusive of wrappers or other materials and shall be the average content unless explicitly stated as a minimum quantity.
(2) If the pesticide is a liquid, the net content statement shall be in terms of liquid measure at 68 deg.F (20 deg.C) and shall be expressed in conventional American units of fluid ounces, pints, quarts, and gallons.
(3) If the pesticide is solid or semisolid, viscous or pressurized, or is a mixture of liquid and solid, the net content statement shall be in terms of weight expressed as avoirdupois pounds and ounces.
(4) In all cases, net content shall be stated in terms of the largest suitable units, i.e., ``1 pound 10 ounces'' rather than ``26 ounces.''
(5) In addition to the required units specified, net content may be expressed in metric units.
(6) Variation above minimum content or around an average is permissible only to the extent that it represents
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