PRN 96-7: Termiticide Labeling

EPA 730-N-96-006
October 1, 1996

Notice To: Manufacturers, Producers, Formulators, and Registrants of Pesticide Products

Attention: Persons Responsible for the Registration of Pesticide Products

Subject: Termiticide Labeling

This notice sets forth the Agency's policy with respect to certain labeling statements and minimum product performance (5 year period) for soil treatment termiticide products.

On this page:
  1. Background
  2. Scope
  3. Effective Dates
  4. Efficacy
  5. Limitations On Use
  6. Personal Protective Equipment Statements
  7. Precautionary Statements
  8. Environmental Hazard Statements
  9. Storage and Disposal Statements
  10. Use Directions
  11. Coordination With The Association Of Structural Pest Control Regulatory Officials (ASPCRO)
  12. Procedures
  13. For Further Information

  1. Background

    Because of the highly specialized nature of termiticides, a number of labeling issues have evolved over the years regarding: 1) limitations on distribution, sale or use; 2) precautionary statements; 3) environmental hazards statements; 4) storage and disposal statements; 5) use directions; 6) the minimum product performance of termiticide treatments; and 7) application at less than labeled rates. This notice describes the Agency's policies on these issues for current and future termiticide products.

  2. Scope

    This notice addresses product labeling statements for currently registered uses and future uses of soil treatment termiticide products. The labeling statements addressed by the notice include labeling statements regarding environmental hazards, exposure information for construction workers, retreatment, and use directions. This notice is not applicable to fumigant type termiticides such as sulfuryl fluoride and nitrogen, and dry baits, such as hexaflumuron.

    In addition, this notice addresses questions about minimum product performance and application at less than labeled rates. EPA believes that the label changes and policy clarifications set forth in this PR Notice will reduce risk while maintaining the efficacy associated with currently registered products. Accordingly, failure of any registrant subject to this notice to adopt the label changes set forth in this policy may result in the issuance of a notice of intent to cancel or an enforcement action. It should be noted, however, that wherever there is a more protective existing label requirement, the more protective requirement supersedes the PR Notice provisions.

    Lastly, the Agency is announcing a new procedure for submission of new termiticide registration applications and significant amendments to current termiticide registrations that will ensure coordination with the Association of Structural Pest Control Regulatory Officials (ASPCRO).

  3. Effective Dates

    Registrants should make the changes specified in this notice on all applicable termiticide products and submit an application for amendment to the appropriate Product Manager in accordance with Section XII. of this notice. All products distributed or sold by registrants and supplemental registrants should bear approved labeling which is consistent with this notice and complies with the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) by October 1, 1997. All products distributed or sold by any person after October 1, 1999 should bear this same approved labeling. After these dates, the Agency may either issue a Notice of Intent to Cancel a product or bring enforcement action against registrants or other persons distributing or selling products bearing labeling inconsistent with this notice. Registrants should submit their applications for amendment as soon as possible to ensure adequate time for review and approval from EPA before the effective dates in this notice.

  4. Efficacy

    1. Minimum Product Performance

      The current Agency policy (see Pesticide Assessment Guidelines, Subdivision G, Product Performance, Section 95-12(b)(i)(C)) regarding termiticides is that soil treatment termiticide products should demonstrate efficacy for at least five years against termites. The most recent data from the USDA Gulfport Mississippi Laboratory indicate that most currently registered products are effective for three to five or more years. In addition, the information from the USDA Gulfport Mississippi Laboratory supports the current five year termite soil treatment warranties required by Federal housing agencies concerned with new construction.

      The Agency believes that registration of a product demonstrating less than five (5) years of efficacy for control of termites is generally not appropriate from a safety or efficacy standpoint, considering the costs of treatment and the potential damage that could occur. The Agency does not believe that the homeowner should be subjected to such costly protection as would occur with products that are only efficacious for one year. Such products could, quite possibly, pose unreasonable adverse effects to the environment and/or humans because of higher risks than longer-acting alternatives. The more frequent treatments required could result in greater exposure and risk, or lower benefits, because of being less effective if not retreated, or more expensive if retreated.

      Thus, the Agency will generally not grant a registration for a termiticide that requires annual retreatment. The Agency will continue its current policy of requiring that applications for registration of soil treatment termiticide products be supported by data showing a minimum of 5 years of efficacy which is accepted by the Agency, unless the applicant can demonstrate that the pesticide is either significantly less toxic than currently registered pesticides or the benefits from the use of the pesticide are much greater than currently registered alternatives.

      Until more data can be gathered and evaluated regarding what the longevity of termiticide treatments should be, the Agency will consider applications requesting registration of termiticide products on an individual basis. However, in addition to the standard data package for termiticide products and the risk and benefit information just described, the Agency will require additional data on anticipated homeowner and/or applicator exposure risks resulting from treatment and retreatment over the projected life-span of the structure to be treated and/or retreated.

    2. Minimum Application Rate

      Under Section 2(ee) of FIFRA, a pesticide may be applied at any dosage, concentration, or frequency less than that specified on the labeling, unless the labeling specifically prohibits such a deviation. However, EPA has been informed by state enforcement agencies of inadequate efficacy and unnecessary retreatments resulting from termiticide applications at less than the labeled rates. In this regard some states have in accordance with FIFRA section 24(a) regulated the use of termiticides to prohibit the application of less than the specified dosage or concentration. Until now, the Agency has not officially addressed the application of termiticides at less than the labeled rate.

      EPA has always required efficacy data to be submitted by registrants to demonstrate that termiticides perform their intended function as claimed. EPA has reviewed such data prior to registration to assure that the benefits of the use would outweigh the potential risks.

      No efficacy data have been submitted by registrants or reviewed by EPA concerning use of termiticides at rates lower than the minimum rate specified on the label. Consequently, EPA has no evidence that such lower rates would result in adequate efficacy. Accordingly, EPA is concerned that registered termiticides used at rates lower than those specified on the label may not achieve adequate benefits to counterbalance the risks from use.

      EPA is further concerned that application at rates lower than the minimum would likely necessitate more frequent applications which, in turn, would increase the risks to applicators and users. Such increased risks, when balanced against lower or inadequate efficacy, would likely make a product unregistrable (or subject to cancellation). EPA realizes however, that there are significant differences between pre-construction and post-construction treatment which affect the applicators ability to apply the full label rate. For the purposes of this PR Notice, pre-construction applications are defined as those applications made prior to the finished grade being installed, and post-construction applications are defined as those applications made after the final grade is installed. There are often circumstances encountered in post-construction treatment that make application at the full label rate impossible or undesirable. These circumstances could include environmental conditions such as the presence of a well, structural barriers that do not allow application of the labeled volume, or construction elements that would encourage a reduced volume. Treatment to the top of the footing is sometimes not possible because of equipment limitations or the inordinate amount of labor involved.

      In order to assure that termiticide products perform their intended function, that the benefits of their use outweigh their risks, and that states are able to carry out enforcement necessary to protect the public, EPA has determined that, for pre-construction applications, no termiticide should be used at less than the dosage and/or concentration specified on the labeling. Accordingly, registrants should add the following statement to the labeling of termiticides:

      "PRE-CONSTRUCTION TREATMENT: DO NOT APPLY AT A LOWER DOSAGE AND/OR CONCENTRATION THAN SPECIFIED ON THIS LABEL FOR APPLICATIONS PRIOR TO INSTALLATION OF THE FINISHED GRADE."

       

      EPA has also determined that for post-construction applications, the dosage and/or concentration of use may be less than label rates. However, states may continue to prohibit applications at less than label dosage and/or concentration if they so choose.

  5. Limitations On Use

    Most currently registered termiticide products are not classified for restricted use, but contain label statements limiting their use to commercial applicators. Registrants should replace the current statement on the labeling of general use termiticide products intended for use by commercial applicators, or individuals/firms licensed or registered by the state to apply termiticide products, with the following statement:

    "For use by individuals/firms licensed or registered by the state to apply termiticide products. States may have more restrictive requirements regarding qualifications of persons using this product. Consult the structural pest control regulatory agency of your state prior to use of this product."

    Termiticide products already classified for "Restricted Use" will remain so classified and must bear the required restricted use statements on product labeling.

  6. Personal Protective Equipment Statements

    Registrants of end-use termiticide products should make revisions necessary to ensure that their product labeling contains the current personal protective equipment (PPE) terminology described in this section. An end-use termiticide product is a product for which the labeling bears instructions for using or applying the product (as packaged and sold, or after dilution by the applicator) for controlling termites. In general, PPE requirements for pesticide handlers should be based on the acute toxicity of the end-use product, by route of entry, and the amount of expected exposure. Handlers, under this guidance, are defined as persons directly exposed to a pesticide, such as mixers, loaders, and applicators. Registrants of end-use termiticide products should refer to the acute toxicity data for the end-use product and determine the PPE required based on that data. Additionally, the Agency through the pesticide reregistration program may impose additional PPE and/or engineering control requirements due to the toxicity of the active ingredient. Such requirements will be imposed through Reregistration Eligibility Decision documents.

    The following sample personal protective equipment statements are for products with acute toxicity endpoints in the same acute toxicity category; reflect the minimum requirements, based on the acute toxicity of the end-use product and expected exposure; and contain acceptable terminology. Refer to the footnotes for specific guidance on respiratory and ocular protection.

    1. Toxicity Category I. Signal Word: DANGER (Add POISON + Skull and Cross- bones if Toxicity Category I by oral, inhalation or dermal routes)

      "All pesticide handlers (mixers, loaders, and applicators) must wear long-sleeved coveralls worn over long-sleeved shirt and long pants, socks, chemical-resistant footwear, chemical-resistant gloves, respiratory protection device1,and protective eyewear2."

    2. Toxicity Category II. Signal Word: WARNING

      "All pesticide handlers (mixers, loaders, and applicators) must wear long-sleeved coveralls worn over a minimum of short-sleeved shirt and short pants, socks, chemical-resistant footwear, chemical-resistant gloves, and protective eyewear2. In addition, all pesticide handlers must wear a respiratory protection device1 when handling the concentrate or when working in a non-ventilated space."

    3. Toxicity Categories III or IV. Signal Word: CAUTION

      "All pesticide handlers (mixers, loaders, and applicators) must wear long-sleeved shirt and long pants, socks, shoes, and chemical-resistant gloves. In addition: all pesticide handlers must wear a respiratory protection device1 when working in a non-ventilated space; all pesticide handlers must wear protective eyewear2 when working in a non-ventilated space or when applying termiticide by rodding or sub-slab injection."

      1 If the Inhalation Toxicity of the end-use product is Category I or II, or if the Inhalation Toxicity of the end-use product is Category III or IV, but the termiticide is being applied in a non-ventilated space, then one of the following respirator types and the appropriate Mine Safety and Health Administration (MSHA)/National Institute for Occupational Safety and Health (NIOSH) approval number prefix must be indicated: (i) Dust/mist filtering respirator with MSHA/NIOSH approval number prefix TC-21C; or (ii) Respirator with an organic-vapor removing cartridge and a prefilter approved for pesticides with MSHA/NIOSH approval number prefix TC-14G; or (iii) Supplied-air respirator with MSHA/NIOSH approval number prefix TC-19C or self-contained breathing apparatus (SCBA) with MSHA/NIOSH approval number TC-13F.

      2 Protective eyewear is goggles, a faceshield, or safety glasses with front, brow, and temple protection. "Protective eyewear" is the term to be used instead of goggles and/or faceshield and/or shielded safety glasses.

  7. Precautionary Statements

    The Agency's current policy regarding precautionary statements is that they apply to both the concentrate and any use dilution unless the registrant provides data on the use dilution product which demonstrate lower toxicity than the concentrate. For example, if a label states "Do not get in eyes or on skin. Wear chemical-resistant gloves and protective eyewear. etc.," the Agency means that a handler must abide by those precautions during handling of the concentrate and during application of the product diluted for use unless specifically stated otherwise on the pesticide labeling.

    Termiticide labels should be consistent with respect to precautionary statements for applicators, bystanders, and pets. In order to standardize termiticide labels so that they include precautions for each of these three groups, the following additional precautionary statements should be added to all termiticide labels that contain directions for subterranean use:

    "When treating adjacent to an existing structure, the applicator must check the area to be treated, and immediately adjacent areas of the structure, for visible and accessible cracks and holes to prevent any leaks or significant exposures to persons occupying the structure. People present or residing in the structure during application must be advised to remove their pets and themselves from the structure if they see any signs of leakage. After application, the applicator is required to check for leaks. All leaks resulting in the deposition of termiticide in locations other than those prescribed on this label must be cleaned up prior to leaving the application site. Do not allow people or pets to contact contaminated areas or to reoccupy contaminated areas of the structure until the clean up is completed."

  8. Environmental Hazard Statements

    Because termiticides are applied both indoors and outdoors, product labels are required to carry generic environmental hazard statements that may, in some cases, result in inappropriate information. For example, a statement such as "Cover and incorporate spills" on a product intended to be applied only indoors would be inappropriate. Some termiticides may also carry a bee toxicity statement. Such a statement would not be applicable to products intended only to be injected into the soil or applied as a trench treatment. Registrants should modify the Environmental Hazard statements on termiticide products labeled for indoor use where existing Environmental Hazard statements transmit inappropriate or inapplicable information. Existing Environmental Hazard statements should, however, be retained on termiticide products labeled for other uses for which the Environmental Hazard statements are appropriate.

  9. Storage and Disposal Statements

    The Agency has proposed revised Storage and Disposal statements for pesticide products (59 FR 6712, Feb. 11, 1994). Until those statements are issued in final form, the Agency will continue to require the standard storage and disposal label language, as specified in P.R. Notices 83-3, Label Improvement Program for Storage and Disposal Labeling Statements, and 84-1, Clarification of Label Improvement for Farmworker Safety and Pesticide Storage and Disposal Instructions.

  10. Use Directions

    1. Retreatment

      To remain consistent with the requirements of FIFRA, registrants should add the following retreatment statement to their labels:

      "Retreatment for subterranean termites can only be performed if there is clear evidence of reinfestation or disruption of the barrier due to construction, excavation, or landscaping and/or evidence of the breakdown of the termiticide barrier in the soil. These vulnerable or reinfested areas may be retreated in accordance with application techniques described in this product's labeling. The timing and type of these retreatments will vary, depending on factors such as termite pressure, soil types, soil conditions and other factors which may reduce the effectiveness of the barrier.

      Annual retreatment of the structure is prohibited unless there is clear evidence that reinfestation or barrier disruption has occurred."

    2. Mixing Directions

      To remain consistent with the requirements of FIFRA, registrants should include clear and specific mixing directions for each application rate on the label. A table should be added to each label to make the label mixing directions as simple as possible. Only the rates that are applicable to the product at that site and target pest should be on the label.

      The following generic directions should be used in labeling each termiticide for soil treatment:

      "Mix the termiticide use dilution in the following manner:

       

      To prepare a % water emulsion, ready for use, dilute gallons of (product name) with gallons of water. To prepare a % (for labels with more than one rate) water emulsion, ready for use, dilute gallons of (product name) with gallons of water. For termite control operations requiring smaller volumes use fluid ounces of (product name) per gallon of water to achieve a % concentration.

      Application Volume: To provide maximum control and protection against termite infestation apply the specified volume of the finished water emulsion and active ingredient as set forth in the directions for use section of this label. If soil will not accept the labeled application volume, the volume may be reduced provided there is a corresponding increase in concentration so that the amount of active ingredient applied to the soil remains the same. NOTE: Large reductions of application volume reduce the ability to obtain a continuous barrier. Variance is allowed when volume and concentration are consistent with label directed rates and a continuous barrier can still be achieved."

      All labels should contain the following statement:

      "Do not treat soil that is water saturated or frozen. Do not treat while precipitation is occurring."

      1. Fill tank 1/4 to 1/3 full.
      2. Start pump to begin by-pass agitation and place end of treating tool in tank to allow circulation through hose.
      3. Add appropriate amount of (product name).
      4. Add remaining amount of water.
      5. Let pump run and allow recirculation through the hose for 2 to 3 minutes.
    3. Pre-Construction Subterranean Termite Treatment
      1. Treatment Of Foundations

        Registrants should add the following statement to the pre- construction section of their label:

        "PRE-CONSTRUCTION TREATMENT: DO NOT APPLY AT A LOWER DOSAGE AND/OR CONCENTRATION THAN SPECIFIED ON THIS LABEL FOR APPLICATIONS PRIOR TO THE INSTALLATION OF THE FINISHED GRADE.
         

        When treating foundations deeper than 4 feet, apply the termiticide as the backfill is being replaced, or if the construction contractor fails to notify the applicator to permit this, treat the foundation to a minimum depth of 4 feet after the backfill has been installed. The applicator must trench and rod into the trench or trench along the foundation walls and around pillars and other foundation elements, at the rate prescribed from grade to a minimum depth of 4 feet. When the top of the footing is exposed, the applicator must treat the soil adjacent to the footing to a depth not to exceed the bottom of the footing. However, in no case should a structure be treated below the footing."

    4. Post-Construction Soil Treatment
      1. Treatment Of Foundations

        Treatment to the top of the footing is sometimes not possible in post-construction soil treatment because of equipment limitations or the inordinate amount of labor involved. Also, termite activity is generally limited to the upper four (4) feet of soil. The following statements should be added to the post-construction soil treatment section of all termiticide labels:

        "POST-CONSTRUCTION TREATMENT: For applications made after the final grade is installed, the applicator must trench and rod into the trench or trench along the foundation walls and around pillars and other foundation elements, at the rate prescribed from grade to the top of the footing. When the footing is more than four (4) feet below grade, the applicator must trench and rod into the trench or trench along the foundation walls at the rate prescribed to a minimum depth of four feet. The actual depth of treatment will vary depending on soil type, degree of compaction, and location of termite activity. When the top of the footing is exposed, the applicator must treat the soil adjacent to the footing to a depth not to exceed the bottom of the footing. However, in no case should a structure be treated below the footing."

      2. Crawl Spaces

        The wording used on labels dealing with overall crawl space treatment must indicate precisely where and how overall soil treatment may be applied in crawl spaces. To provide standardized labeling for treating crawl spaces (both accessible and inaccessible), the following standardized wording for treatment of crawl space areas should be used.

        1. Accessible Crawl Spaces

          "For crawl spaces, apply vertical termiticide barriers at the rate of 4 gallons of emulsion per 10 linear feet per foot of depth from grade to the top of the footing, or if the footing is more than 4 feet below grade, to a minimum depth of 4 feet. Apply by trenching and rodding into the trench, or trenching. Treat both sides of foundation and around all piers and pipes. Where physical obstructions, such as concrete walkways adjacent to foundation elements, prevent trenching, treatment may be made by rodding alone. When soil type and/or conditions make trenching prohibitive, rodding may be used. When the top of the footing is exposed, the applicator must treat the soil adjacent to the footing to a depth not to exceed the bottom of the footing. Read and follow the mixing and use direction section of the label if situations are encountered where the soil will not accept the full application volume.

          1. Rod holes and trenches must not extend below the bottom of the footing.
          2. Rod holes must be spaced so as to achieve a continuous chemical barrier but in no case more than 12 inches apart.
          3. Trenches must be a minimum of 6 inches deep or to the bottom of the footing, whichever is less, and need not be wider than 6 inches. When trenching in sloping (tiered) soil, the trench must be stepped to ensure adequate distribution and to prevent termiticide from running off. The emulsion must be mixed with the soil as it is replaced in the trench.
          4. When treating crawl spaces, turn off the air circulation system of the structure until application has been completed and all termiticide has been absorbed by the soil."
        2. Inaccessible Crawl Spaces 

          "For inaccessible interior areas, such as areas where there is insufficient clearance between floor joists and ground surfaces to allow operator access, excavate, if possible, and treat according to the instructions for accessible crawl spaces. Otherwise, apply one, or a combination of the following two methods.

          When treating crawl spaces, turn off the air circulation system of the structure until application has been completed and all termiticide has been absorbed by the soil."

          Because overall surface application may increase indoor air concentrations of termiticides, the Agency has required registrants with these use patterns on their product label to submit air monitoring data or relevant information to assess the risk to applicators and inhabitants from inhalation exposure. Accordingly, the Agency will generally require registrants/applicants applying to add these uses to currently registered termiticide products or applying to register new products with these uses to use the above standard labeling language and to submit air monitoring data or relevant information to assess the risk from exposure via the respiratory route to applicators and inhabitants. Such labeling and data must be accepted by the Agency before applications for these uses will be approved.

          Registrants who have currently registered products with these use patterns on their label should submit an amended application to add the above standard language to the label. No additional data are required for these registrants, at this time, if they have already submitted acceptable air monitoring data or exposure information.

          1. To establish a horizontal barrier, apply to the soil surface, 1 gallon of emulsion per 10 sq. ft. overall using a nozzle pressure of less than 25 p.s.i. and a coarse application nozzle (e.g., Delavan Type RD Raindrop, RD-7 or larger, or Spraying Systems Co. 8010LP TeeJet or comparable nozzle). For an area that cannot be reached with the application wand, use one or more extension rods to make the application to the soil. Do not broadcast or powerspray with higher pressures.
          2. To establish a horizontal barrier, drill through the foundation wall or through the floor above and treat the soil perimeter at a rate of 1 gallon of emulsion per 10 square feet. Drill spacing must be at intervals not to exceed 16 inches. Many states have smaller intervals so check state regulations which may apply.
    5. Treatment Of Voids

      The Agency requires that termiticide product labels provide clear and specific instructions for the treatment of different types of structural voids. In order to provide more adequate treatment of voids and to remain consistent with the requirements of FIFRA, registrants should adopt the following label language on all termiticide product labels intended for treatment of voids:

      "Drill and treat voids in multiple masonry elements of the structure extending from the structure to the soil in order to create a continuous treatment barrier in the area to be treated. Apply at the rate of 2 gallons of emulsion per 10 linear feet of footing using a nozzle pressure of less than 25 p.s.i. When using this treatment access holes must be drilled below the sill plate and should be as close as possible to the footing as is practical. Treatment of voids in block or rubble foundation walls must be closely examined: Applicators must inspect areas of possible runoff as a precaution against application leakage in the treated areas. Some areas may not be treatable or may require mechanical alteration prior to treatment. All leaks resulting in the deposition of termiticide in locations other than those prescribed on this label must be cleaned up prior to leaving the application site. Do not allow people or pets to contact contaminated areas or to reoccupy the contaminated areas of the structure until the clean up is completed."

      It should be noted that newly constructed buildings may contain rigid foam insulation. If the registrant intends for its product to be used in voids containing rigid foam insulation, then use directions must be provided on the label. If the registrant does not intend for its product to be used on these systems, then the label should prohibit such use with the following statement.

      "Not for use in voids insulated with rigid foam."

      The Agency also encourages more training of applicators in the treatment of different types of structural voids and encourages national and state pest control associations, termiticide registrants, State Cooperative Extension Services, and State Lead Agencies to continue to provide training and materials in these areas.

    6. Foam Treatment

      Foam application is a recent innovation enabling volumetric treatment of certain inaccessible voids. It has been found to be useful in treating areas where conventional application may not give acceptable distribution of an aqueous emulsion. These sites would include situations such as sub-slab treatments where the fill has settled, and voids in and behind fireplaces, veneers, piers, etc.

      Most current labels give dilution directions only for water and provide treatment information in gallons per square feet. Because foam applications involve the use of foaming agents other than water, termiticide labels must bear specific instructions for use of such agents or such use constitutes a misuse pursuant to section 12 of FIFRA. Registrants must have specific rates for using foam or liquid, including proper dosage and dilution, incorporated into the Directions for Use under post-construction treatments. The sites of application where foam treatment is appropriate, recommended expansion ratios for each site, and the methods of application must be provided. The labels must include an explanation of what an expansion ratio actually is; meaning how many gallons of foam are required to move one gallon of termiticide solution. Also there must be an explanation of how to determine the expansion ratio by calibration of the foaming equipment. Also, the label must indicate what the desired ratio would be to yield effective delivery of their product. Generally, the Agency recommends that the termiticide solution be applied with at least 75% of the labeled rate delivered with typical liquid application. The remaining 25% or less may be delivered to appropriate areas, such as hollow voids, beneath concrete slabs, and earth-filled porches, using foam application.

      Registrants should develop language of their own which follows the above guidelines or add the following label statement which addresses foam treatment to their labels:

      "FOAM APPLICATIONS: The emulsion may be converted to a foam and the foam used to control or prevent termite infestations.

      Depending on the circumstances, foam applications may be used alone or in combination with liquid emulsion applications. Applications may be made behind veneers, piers, chimney bases, into rubble foundations, into block voids or structural voids, under slabs, stoops, porches, or to the soil in crawlspaces, and other similar voids.

      Foam and liquid application must be consistent with volume and active ingredient instructions in order to ensure proper application has been made. The volume and amount of active ingredient are essential to an effective treatment. At least X% (fill in the correct number) of the labeled liquid emulsion volume of product must be applied, with the remaining percent delivered to appropriate areas using foam application. Refer to label and use recommendations of the foam manufacturer and the foaming equipment manufacturer.

      Foam applications are generally a good supplement to liquid treatments in difficult areas, but may be used alone in difficult spots."

      Registrants applying to add these uses to currently registered termiticide products or to register new products with these uses should incorporate the above instructions or develop language of their own which follows the above guidelines. Product performance data are required to support new label uses unless adequate distribution data are provided with the submission. Such data will be reviewed by the Agency in light of the Pesticide Assessment Guidelines, Subdivision G, Product Performance, Section 95-12(b)(i)(C), which states that soil treatment termiticide products should demonstrate efficacy for at least five years (Refer to Section IV. Efficacy). Such labeling and data must be accepted by the Agency before applications for these uses will be approved.

      Registrants who currently have registered products with these use patterns on their label should submit an amended application to add the above standard language or language they developed which follows the above guidelines to the label. No additional data are required for these registrants, at this time, if they have already submitted acceptable data/information.

    7. Treatment Around Wells Or Cisterns

      To remain consistent with the requirements of FIFRA, registrants should have specific instructions for treatment of structures that contain wells or cisterns which address the following general guidelines. Treatment restrictions on structures which contain a cistern should be limited to a cistern in use or in usable condition. Structures which contain cisterns which have been permanently disabled may be treated by normal methods. For wells, the treatment technique(s) specified must consider the proximity of the well to the structure, soil type, and the characteristics of the termiticide. The applicator should be instructed to take these and other site specific conditions into consideration when selecting a treatment method. The label should refer the applicator to state, county, and local authorities, including the state Wellhead Protection Program, for good practices to determine proper treatment procedures relating to factors such as water table, soil conditions, etc. The treated backfill technique may be permitted to allow treatment of a structure when a well is within, adjacent, or near the structure. To remain consistent with the requirements of FIFRA, registrants should add the following specific label statement which addresses treatment around wells or cisterns.

      "Do not contaminate wells or cisterns.

      "STRUCTURES WITH WELLS/CISTERNS INSIDE FOUNDATIONS

      Structures that contain wells or cisterns within the foundation of a structure can only be treated using the following techniques:

      1. Do not treat soil while it is beneath or within the foundation or along the exterior perimeter of a structure that contains a well or cistern. The treated backfill method must be used if soil is removed and treated outside/away from the foundation. The treated backfill technique is described as follows:
        1. trench and remove soil to be treated onto heavy plastic sheeting or similar material or into a wheelbarrow.
        2. treat the soil at the rate of 4 gallons of dilute emulsion per 10 linear feet per foot of depth of the trench, or 1 gallon per 1.0 cubic feet of soil. See "Mixing Directions" section of the label. (If Mixing Directions are not already on the label, provide directions in this section.) Mix thoroughly into the soil taking care to contain the liquid and prevent runoff or spillage.
        3. After the treated soil has absorbed the diluted emulsion, replace the soil into the trench.
      2. treat infested and/or damaged wood in place using an injection technique such as described in the "Control of Wood Infesting Insects" section of this label.
         

        STRUCTURES WITH ADJACENT WELLS/CISTERNS AND/OR OTHER WATER BODIES

        Applicators must inspect all structures with nearby water sources such as wells, cisterns, surface ponds, streams, and other bodies of water and evaluate, at a minimum, the treatment recommendations listed below prior to making an application.

      3. Prior to treatment, if feasible, expose the water pipe(s) coming from the well to the structure, if the pipe(s) enter the structure within 3 feet of grade.
      4. Prior to treatment applicators are advised to take precautions to limit the risk of applying the termiticide into subsurface drains that could empty into any bodies of water. These precautions include evaluating whether application of the termiticide to the top of the footer may result in contamination of the subsurface drain. Factors such as depth to the drain system and soil type and degree of compaction should be taken into account in determining the depth of treatment.
      5. When appropriate (i.e., on the water side of the structure), the treated backfill technique (described above) can also be used to minimize off-site movement of termiticide."
    8. Plugging Of Holes

      For safety reasons all exterior holes and accessible drilled holes in commonly occupied areas into which material has been applied must be plugged. To remain consistent with the requirements of FIFRA, registrants of currently registered termiticide products should add the following statements to the product label:

      "All holes in commonly occupied areas into which material has been applied must be plugged. Plugs must be of a non-cellulose material or covered by an impervious, non-cellulose material."

    9. Covering Treated Soil

      The Agency no longer requires the label statement "cover treated soil with a layer of untreated soil" and this statement has been deleted on most termiticide labels. This statement was originally required due to the concern for exposure to certain termiticides such as chlordane and heptachlor. Because all termiticide products containing these active ingredients have been cancelled, the Agency believes this statement is no longer necessary to prevent adverse health effects and may in fact limit the efficacy of all currently registered products. To remain consistent with the requirements of FIFRA, registrants should delete this statement from all termiticide products.

    10. Exposure Information For Construction Workers

      EPA does not have any information demonstrating that a precautionary statement informing construction workers to wear protective clothing during or subsequent to pre-construction termiticide applications is necessary. In general, construction personnel or other individuals on-site during or subsequent to a pre-construction treatment application are neither directly nor frequently exposed to the pesticides being applied and, therefore, are generally considered not to be at risk. However, to ensure that construction personnel and other individuals are not exposed to termiticides during or subsequent to treatment, the Agency believes that label precautions are necessary. Accordingly, to remain consistent with the requirements of FIFRA, the following statement should be added to the label of all termiticide products with pre-construction application use directions:

      "Prior to each application, applicators must notify the general contractor, construction superintendent, or similar responsible party, of the intended termiticide application and intended sites of application and instruct the responsible person to notify construction workers and other individuals to leave the area to be treated during application and until the termiticide is absorbed into the soil."

    11. Variable Concentrations

      The Agency encourages termiticide registrants, pest control companies, national and state pest control associations, State Cooperative Extension Services, State Lead Agencies and others responsible for applicator training to emphasize the importance of training applicators in the use of proper application volumes, dosages, and uniform distribution to control all species of subterranean termites in their applicator training plans and in their research and development plans. Termiticide product registrants, pest control companies, and others responsible for applicator training should incorporate data from USDA's Starkville, Mississippi Laboratory, as well as regional research centers, together with recommendations of appropriate state entomologists, in the training of applicators in order to facilitate their choice of the proper concentration where variable concentrations exist on the termiticide product label.

      The Agency is also receptive to the generation of data supporting variable concentrations and appropriate label provisions regarding variable concentrations. In addition, the Agency encourages the development of information and label provisions regarding the efficacy of such treatments in different soil types.

      However, any change in concentration will likely affect the product's efficacy and the duration of the efficacy. Therefore, product performance data to support use of lower concentrations than those currently specified on the label must be submitted to the Agency with an application to amend the product registration to add those lower concentrations (refer to Section XII.). Such data will be reviewed by the Agency in light of the Pesticide Assessment Guidelines, Subdivision G, Product Performance, Section 95- 12(b)(i)(C), which states that soil treatment termiticide products should demonstrate efficacy for at least five years (Refer to Section IV. Efficacy). Such labeling and data must be accepted by the Agency before applications for these uses will be approved.

    12. Formosan Termites

      The Agency encourages termiticide registrants, pest control companies, national and state pest control associations, State Cooperative Extension Services, State Lead Agencies and others responsible for applicator training to emphasize the importance of training applicators in the control of Formosan termites. Applicators should be instructed in the use of proper application volumes, dosages and uniform distribution to control Formosan termites in their applicator training plans and in their research and development plans in areas where Formosan termites are known or suspected to occur. In this regard, considerable data concerning application rates for Formosan termites and other types of termites are well documented by the United States Department of Agriculture's Forest Service (USDA-FS). USDA-FS can provide such data to interested parties. Requests for such data should be sent to:

      USDA-FS, Southern Research Station
      P.O. Box 928
      Starkville, Mississippi 39760-0928

      Street Address:
      201 Lincoln Green
      Starkville, Mississippi 39759

      Phone Number:
      601-325-0199
       

      Because application rates and method of control for the treatment of Formosan termites may differ from current labeling, any registrant adding Formosan Termite Treatment to his/her product label or seeking to register a new product for Formosan Termite Treatment may have to submit applicator exposure and possibly air monitoring data to the Agency. Registrants contemplating adding this use pattern to their product label should consult with the Agency Product Manager for guidance prior to submitting their application.

    13. Plenum Construction

      The Agency's policy with regard to plenum construction is that label directions for use in plenum construction will be the responsibility of the individual registrant, subject to Agency approval. However, registrants should be aware that they should also contact the Agency to determine any data needed to support application to such areas. For example, because these treatments are likely to increase air concentrations, adequate air monitoring data or relevant information to assess the risk from exposure via the respiratory route to applicators and inhabitants must first be submitted by the registrant and accepted by the Agency.

      At a minimum, labels which include directions for application in plenum air spaces should include the following standard language:

      "When treating plenums, turn off the air circulation system of the structure until application has been completed and all termiticide has been absorbed by the soil."

      Registrants applying to add these uses to currently registered termiticide products or to register new products with these uses should use the above labeling statement and submit air monitoring data or relevant information to assess the risk from exposure via the respiratory route to applicators and inhabitants. Such labeling and data must be accepted by the Agency before applications for these uses will be approved.

      Registrants who have currently registered products with these use patterns on their label should submit an amended application to add the above standard language to the label. No additional data are required for these registrants, at this time, if they have already submitted acceptable air monitoring data or exposure information.

  11. Coordination With The Association Of Structural Pest Control Regulatory Officials (ASPCRO)

    Effective as of the date of this notice, the Agency requests that registrants submit a copy of the proposed label and the relevant efficacy data for any new termiticide product or for any significant amendment to a currently registered termiticide product, such as a change in concentration or method of application, to the Association of Structural Pest Control Regulatory Officials (ASPCRO) at the same time the application is submitted to the Agency. This will allow ASPCRO the opportunity to review the pertinent portions of the proposed registration or amendment and communicate any concerns or questions they have regarding the proposed registration or amendment to the Agency and the registrant in the early stages of the registration process and to provide sufficient time for resolving any issues prior to a registration decision.

    ASPCRO will designate 3 to 5 state officials to serve on a Termiticide Review Committee whose function will be to review the proposed registrations/amendments. ASPCRO agrees to appoint to this committee only representatives from those states whose pesticide laws provide the ability to maintain the integrity of Confidential Business Information (CBI) received with the submission. ASPCRO and its representatives assigned to this committee agree that they will sign and abide by confidentiality agreements provided by the registrants with respect to any information provided to them that is not available to the general public under federal law, and is clearly marked as CBI. Further, no information which later becomes public shall be covered by these agreements. ASPCRO representatives agree to sign such agreements prior to receiving any information under this PR Notice. ASPCRO will review the submission and submit written recommendations to the Agency within 90 days of their receipt of the submission. ASPCRO's recommendations will be one of the factors considered in the Agency's decision making process. The specifics of this coordinated review process will be further detailed in a Memorandum of Understanding (MOU) between the Agency and ASPCRO. The Agency believes that the involvement of ASPCRO in the review process will speed review of amendments and applications and therefore strongly encourages registrants to submit applications to ASPCRO. Copies of termiticide applications should be sent to the following address:

    ASPCRO Termiticide Review
    c/o George Saxton
    Office of the Indiana State Chemist
    Purdue University
    1154 Biochemistry Building
    West Lafayette, IN 47907-1154
    ATTN: Jim Wright

  12. Procedures

    All modifications to termiticide product labeling should be submitted as proposed amendments on the EPA application form 8570-1. In Section I. of the application, indicate the Registration Division (RD) Product Manager (PM) for the product. In Section II. of the application, make the following notation: "Amendment to product label in accordance with PR Notice 96-7 on Termiticides." The amendment should be accompanied by five (5) copies of the proposed revised labeling. Applications should be sent according to current submission requirements.

​

Stephen L. Johnson, Director
Registration Division

Pesticide Registration

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Last updated on December 14, 2023