2.2 Directions for Use, Safety Instructions, and Restricted Entry Intervals (REI)

Directions for Use, Safety Instructions, and Restricted Entry Intervals (REI)

The Label is a Legal Document

Under both federal and state pesticide laws, the pesticide label is a legally binding document. Section 12(a)(2)(G) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) states that it is unlawful for any person to "use any registered pesticide in a manner inconsistent with its labeling." In Massachusetts, this requirement is reinforced by the Massachusetts Pesticide Control Act (M.G.L. c. 132B) and MDAR regulations under 333 CMR 10.03.

The phrase "the label is the law" means that you must follow all instructions on the label exactly. This includes directions for mixing, application rate, application site, target crop, storage, disposal, and safety precautions. Applying a pesticide to a site, crop, or animal not listed on the label is a major violation, even if you are trying to control a pest that is listed. The EPA approves labels based on rigorous safety assessments for specific environments; applying the chemical elsewhere introduces unknown ecological and public health risks.

Legal Exceptions to the Label: FIFRA Section 2(ee)

While the label is legally binding, FIFRA Section 2(ee) establishes four specific exceptions where an applicator may legally deviate from the printed label instructions, unless the label explicitly prohibits such deviations:

1. Applying at a Lower Rate, Dosage, or Concentration: You may apply less pesticide or use a lower concentration than the label recommends. This is a key principle of Integrated Pest Management (IPM), which aims to minimize chemical use. However, you may never exceed the maximum labeled rate, as doing so violates the law, risks crop damage, and leaves illegal chemical residues.
2. Targeting a Pest Not Listed on the Label: You may apply a pesticide to control a pest that is not named on the label, provided the application is made to a crop, animal, or site that is explicitly listed on the label. For example, if a product is labeled for use on turfgrass to control grubs, you may legally apply it to turfgrass to control an unlisted beetle larva.
3. Mixing with Fertilizers: You may mix a pesticide with a fertilizer, provided the mixture is not prohibited on the label.
4. Using an Unspecified Application Method: You may use any method of application that is not explicitly forbidden by the label. For example, if the label does not prohibit backpack sprayers, you may use one even if it only mentions boom sprayers.

State-Specific Warning: Massachusetts state regulations can be more restrictive than federal law. For example, under 333 CMR 14.00, pesticide applications in schools, daycare centers, and school-age child care programs must adhere to strict Integrated Pest Management plan requirements, which can override some of these general exceptions.

Pre-Harvest Interval (PHI)

For pesticides applied to food or feed crops, the label specifies a Pre-Harvest Interval (PHI). The PHI is the minimum number of days that must elapse between the last pesticide application and the day the crop is harvested.

The purpose of the PHI is to allow the pesticide residues on the crop to degrade naturally to a concentration that is below the legal safety threshold, known as the tolerance. Tolerances are established by the EPA based on dietary risk assessments and are enforced by the Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA). Harvesting a crop before the PHI has elapsed is a serious offense that can lead to the seizure and destruction of the entire crop, severe fines, and the suspension of the applicator's license.

Restricted Entry Interval (REI)

The Restricted Entry Interval (REI) is the period immediately following a pesticide application during which agricultural workers and other individuals are prohibited from entering the treated area. The REI is found in the "Agricultural Use Requirements" box on the label, which complies with the federal Worker Protection Standard (WPS).

If a specific REI is not printed on the label, the WPS mandates default REIs based on the product’s toxicity category:

• Category I (DANGER-POISON/DANGER): 48 hours (extended to 72 hours for certain organophosphate pesticides applied in dry regions).
• Category II (WARNING): 24 hours.
• Category III and IV (CAUTION): 12 hours.

Early-Entry Regulations

Workers may only enter a treated area before the REI expires under strict, limited conditions:

• No-Contact Early Entry: Workers may enter if they will have absolutely no contact with any treated surfaces (such as soil, water, or foliage).
• Short-Term Tasks (Limited Contact): Workers may enter for critical tasks (such as repairing irrigation equipment) for no more than 1 hour in a 24-hour period, provided they wear the specific early-entry PPE required by the label, are trained under the WPS, and the area has been ventilated or dry-times met.

Storage and Container Disposal

The "Storage and Disposal" section of the label contains legally binding instructions for handling leftover products and empty containers.

Liquid pesticide containers must be thoroughly decontaminated before disposal. The standard legal method is triple-rinsing:

1. Empty the container into the spray tank and drain it in a vertical position for 30 seconds.
2. Fill the container one-quarter (1/4) full with clean water.
3. Replace the cap, shake the container vigorously for at least 30 seconds, and pour the rinsate into the spray tank, draining for another 30 seconds.
4. Repeat this rinsing procedure two more times.
5. Puncture the container to make it unusable, and dispose of it through recycling or an approved landfill.

Alternatively, pressure-rinsing uses a high-pressure nozzle connected to a clean water source to flush the inside of the container directly into the mix tank for at least 30 seconds, which is faster and equally effective.