A Third Application, a Special Local Need Label, and a Tank That Curdles
A south Georgia sod farm manager holds a Georgia commercial applicator license in the ornamental and turf category and manages 45 acres of St. Augustine sod beside a subdivision pond. Armyworm pressure is heavy in mid-August. He has already made two applications of Insecticide A this season. A's label lists turfgrass including sod farms at 0.5 to 1.0 lb active ingredient per acre, gives a 12-hour reentry interval, and states: do not apply more than 2 times per season. He also has Insecticide B. B's main label lists ornamental nursery stock only, but he has obtained a Georgia 24(c) special local need label allowing B on commercial sod production at 0.25 lb ai/A, with a 7-day restriction on lifting sod after application and a 50-foot buffer from surface water. A's label carries a 25-foot aquatic buffer. He plans to tank-mix A and B in one 45-acre load tomorrow at dawn, before a forecast half-inch of rain.
1. Can he make a third application of A this season, either alone or as part of the tank mix? Analyze under the label and FIFRA section 2(ee).
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No.
- The label statement do not apply more than 2 times per season is a prohibition, not a suggestion. A third application is a use inconsistent with the label.
- Section 2(ee) allows limited deviations, including a lower rate, a different application frequency, or use against a pest not listed on the label, provided the site is on the label and the use is not otherwise prohibited. It is not a tool for exceeding a maximum number of applications or a maximum seasonal rate. Once the label caps the count, a 2(ee) recommendation cannot lift the cap.
- Putting A into a tank mix does not launder the problem. The tank mix is judged product by product against each label, so the third A application is still the third A application.
- Practical consequence: the only defensible paths are B alone under its 24(c) directions, a different product labeled for the site and pest, or nonchemical control. If an applicator makes the third application anyway, neither the low rate nor the mixing partner creates a defense.
2. What is the legal status of the 24(c) label for B, what must he have on hand, and which buffer governs the pond?
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- A 24(c) special local need label is a state-specific registration amendment, issued by the Georgia Department of Agriculture with EPA concurrence. It authorizes that use in Georgia only, for the described site, and it expires on the date printed on it. Using B on sod in another state or after the expiration is not covered.
- The SLN label must be in the applicator's possession at the time of use, and its directions for the covered use control where they differ from the main label. Everything the SLN does not address still comes from the main B label.
- That means the 7-day restriction on lifting sod after application is binding, and the 50-foot surface water buffer for B applies to the pond.
- For A, the pond buffer is 25 feet. In a tank mix, follow the more restrictive condition, which here is 50 feet, because applying A inside that band would mean applying it as part of a mixture that is prohibited there. Also read both labels for tank-mixing prohibitions before assuming the combination is permitted at all.
3. He mixes A and B anyway, and the tank separates into curds within minutes. What should he have done beforehand, and what are his options now?
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Beforehand: (1) read both labels for tank-mix prohibitions and for mixing order; (2) run a jar test in the same water source at the same concentrations and watch for separation, flocculation, or heat; (3) use the standard order of addition, typically water first, then dry formulations, then flowables, then emulsifiable concentrates, then surfactants and additives, agitating between additions; (4) use a compatibility agent only if the labels permit it. A failed jar test costs a quart of water. A failed tank costs a load.
Now: do not spray the curdled mixture. A separated mix will plug screens and nozzles and deliver an unknown dose, which is both an efficacy failure and a label-rate failure. Stop, try to break the mixture only if the labels allow a compatibility agent, otherwise dispose of the tank contents in a manner consistent with the label and Georgia rules, and clean the system thoroughly before the next load. Note that when labels are silent on tank mixing, the applicator still owns the outcome; the label does not guarantee a combination it never contemplated.