Resolving a Section 3 Label, a 24(c) Label, and a Grower Request
A grower wants 1.5 pt/A of herbicide X on corn at the V5 stage, tank-mixed with a partner product containing active ingredient B. The Section 3 label for X allows 1.0 to 2.0 pt/A but states plainly: "Do not tank mix with any product containing active ingredient B." A Kansas 24(c) special local need label for X on corn permits 0.75 pt/A tank-mixed with B, and only for control of a named grass species from the 1-leaf to 4-leaf stage. The Section 3 label also requires a 60-foot downwind buffer from sensitive aquatic habitat and a 12-hour restricted-entry interval. A creek borders the field, wind is forecast at 8 mph toward the creek, and the corn is well past 4-leaf.
1. Which label governs, and is the grower's requested application legal?
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Neither label authorizes what the grower asked for.
- The 24(c) label is a state-specific authorization that adds a use; it does not repeal the Section 3 label and cannot be stretched beyond its own terms. This SLN is limited to 0.75 pt/A, with B, at the 1- to 4-leaf stage, for one named grass. The corn is at V5.
- Outside the SLN's stated use, the Section 3 label controls - and that label prohibits the B tank mix outright.
- 1.5 pt/A with B therefore violates the SLN (wrong rate, wrong growth stage) and the Section 3 label (prohibited tank mix) at the same time.
Rule to apply: when a Section 3 label and a 24(c) label both exist, the 24(c) governs only within its four corners; everything else falls back to the Section 3 label. Where a Section 3 label and any other labeling conflict, the more restrictive direction controls. The applicator must have the 24(c) label in hand - it is not printed on the jug.
2. The grower says the weeds are too big for a low rate and wants to go to 1.5 pt/A. What legitimate options exist?
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Options that are actually legal:
- Apply X alone under the Section 3 label at up to 2.0 pt/A, but only if the weeds are within the labeled size and the buffer and wind conditions are met. That solves the rate question and abandons B.
- Apply per the SLN at 0.75 pt/A plus B - but only if the target is the named grass and the corn is at 1- to 4-leaf. Neither is true here.
- Change the plan: a different tank-mix partner not containing B, cultivation, or a later sequential treatment.
What is not an option: splitting the difference, using "half the SLN rate plus half the Section 3 rate," or assuming that because 2.0 pt is on one label and B is on the other, both together must be fine. Labels combine as the intersection of permissions, not the union.
Also worth telling the grower plainly: a rate increase on oversized weeds usually buys poor control and resistance pressure rather than a rescue.
3. What conditions and paperwork must be satisfied before any application to this field?
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Weather and setback:
- Wind is 8 mph toward a creek with sensitive aquatic habitat. Confirm the actual downwind buffer distance from the treated edge to the habitat exceeds 60 feet, and confirm the wind direction and speed at the boom height, not at the truck. If either fails, do not spray - 8 mph toward water is not a close call, it is a stop.
- Check the SLN label; it may impose its own buffer or setback that is more restrictive than the Section 3 label, in which case the larger buffer wins.
Paperwork and possession:
- The 24(c) label must be physically available at the point of use; it is a supplemental label, not optional reading.
- Verify the SLN has not expired and that the county/use site matches.
- Record product, rate, date, time, wind speed and direction, temperature, target pest, acres treated, and applicator, per state recordkeeping requirements.
- Confirm the REI of 12 hours is communicated to the grower and posted if workers will be in the field.