On December 14, 2017, an inspector for the U.S. Environmental Protection Agency conducted an inspection at the Kennecott offices located in South Jordon, Utah to determine compliance with FIFRA. Kennecott produces an EPA registered pesticide, Sulfuric Acid Desiccant, EPA Reg. No. 57559-1, and distributes this product as a potato vine desiccant to multiple facilities.
The EPA?s Pesticide Registration Notice (PR Notice) 2007-4 directs pesticide manufacturers to update their labels to comply with 40 C.F.R. part 156 established by Final Rule Pesticide Management and Disposal; Standards for Pesticide Containers and Containment (71 FR 47330, August 16, 2006). As specified in the final rule, all pesticide products distributed or sold by a registrant must have labels that comply with the new requirements (40 C.F.R. ? 156.159) by August 16, 2011.
The label for Sulfuric Acid Desiccant, EPA Reg. No. 57559-1, was last approved by the EPA on September 27, 2006. The 2006 label does not contain any of the required language directed by PR Notice 2007-4. Kennecott has been selling or distributing a pesticide that is misbranded in that the label did not contain required directions as of August 16, 2011.
Additionally, 40 C.F.R. ? 165.67(f)(1) directs the registrant to develop a refilling residue removal procedure that describes how to remove pesticide residue from a refillable container. Also 40 C.F.R. ? 165.67(f)(2) directs the registrant to develop a description of acceptab