FIFRA 2(ee) and Supplemental Labels

The FIFRA Section 2(ee) addresses use of any registered pesticide in a manner inconsistent with its labeling. The term “to use any registered pesticide in a manner inconsistent with its labeling” means to use any registered pesticide in a manner not permitted by the labeling, except that the term shall not include:
(1) applying a pesticide at any dosage, concentration, or frequency less than that specified on the labeling unless the labeling specifically prohibits deviation from the specified dosage, concentration, or frequency,
(2) applying a pesticide against any target pest not specified on the labeling if the application is to the crop, animal, or site specified on the labeling, unless the Administrator has required that the labeling specifically state that the pesticide may be used only for the pests specified on the labeling or after the Administrator has determined that the use of the pesticide against other pests would cause an unreasonable adverse effect on the environment,
(3) employing any method of application not prohibited by the labeling unless the labeling specifically states that the product may be applied only by the methods specified on the labeling, or
(4) mixing a pesticide or pesticides with a fertilizer when such mixture is not prohibited by the labeling.
A FIFRA Section 2(ee) recommendation is occasionally submitted to the Florida Department of Agriculture and Consumer Services for a pesticide product. These recommendations constitute University research “added” to labels. It is important to note that the manufacturers claim no responsibility to anything on 2(ee) recommendations, which often look like a label. A 2(ee) is not a supplemental label - they are not submitted to EPA and are not approved by EPA, which is stated on all 2(ee) recommendations. Supplemental labels are just like the main label and they are submitted and approved by EPA. Certain manufacturers combine 2(ee) recommendations into the main label every few years. (IR-4 email dialogue, 9/5/06).