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May 29, 2024

DPR Issues California Notice 2024-10 Clarification on “Not Registered for Use In CA” and Similar Statements on Pesticide Labels

Lisa R. Burchi Barbara Christianson

On May 24, 2024, the California Department of Pesticide Regulation (DPR) issued California Notice 2024-10 announcing that the U.S. Environmental Protection Agency (EPA) and DPR have made recent policy changes regarding state-specific language on pesticide labels intended to reduce delays related to state-specific uses. As part of DPR’s evaluation process when reviewing a new registration application, DPR may determine there are not sufficient data to support registration of a specific use in California. In these instances, DPR allows registrants either to submit data to support the uses or choose to revise their labels to add qualifying statements removing the specific use in California. Historically, if registrants chose to revise their label, it would involve adding the statement “Not for Use in California.” This label revision must first be accepted by EPA before it can be accepted by DPR, and this process often leads to delays in the registration process. With Notice 2024-10, and following recent EPA guidance, DPR states its intention to clarify options to expedite the addition of state-specific label statements.

EPA recently noted on its Pesticide Labeling Questions & Answers (Q&A) that certain state-specific statements can be added to the label without notifying or receiving acceptance from EPA (non-notification), if phrased in a specific way. Specifically, EPA’s Q&A states:

The statements “Not for Use in XXXX (insert state)” and “Not for Use in XXXX (insert counties and state)” do not fall under PR Notice 98-10, as a notification because they are changes in the directions for use. Therefore, such statements should be submitted as an amendment. However, if the language is revised to read “Not Registered for Use By (insert state)”, “Not Registered for Use on XXXX (insert commodity) by XXXX (insert state)” or “Not Registered for Use by XXXX (insert state) For Use in XXXX Counties” it may be added to the label via non-notification since it is not a restriction and is a state driven statement.

Based on EPA’s clarification for adding state-specific statements to pesticide labels, DPR states the following in Notice 2024-10:

  • Adding Label Statements or Qualifiers Specific to California: When feasible, DPR will allow registrants to add certain California-specific statements to pesticide labels in a manner that qualifies as a non-notification with EPA. DPR also will allow registrants to add certain California-specific label statements to pesticide labels during the application review process to address certain evaluation program discrepancies.
  • Removing Label Statements or Qualifiers Specific to California: If a registrant wants to remove a California-specific label statement or add the unsupported use site/pest back to the product label, this must be submitted through DPR’s amendment process and be accompanied by the required data, or the registrant must reference data currently on file with DPR.
  • DPR’s Preferred Format for Label Statements or Qualifiers Specific to California: DPR requests that qualifier phrases or statements be easily identifiable to the user and consistent throughout the label. DPR states that a qualifier symbol must be repeated wherever the unsupported use site/pest appears throughout the label. In addition, the qualifier key with the full statement must be repeated at least once on every page where the unsupported use site/pest appears.
  • Adding or Removing Label Statements or Qualifiers Not Specific to California: Pesticide labels that are registered for use and sale in California may have label statements or qualifiers that are specific to states other than California. DPR states that registrants may need to add or remove these types of statements from a California registered label. If formatted in a way as described in Notice 2024-10 so that it does not require notifying EPA (non-notification), DPR also will allow registrants to add or remove certain statements required by other states without notifying DPR (non-notification). Otherwise, the registrant will need to submit an amendment application to DPR to add/remove these label statements.