Petition for Writ of Certiorari — Willowood, LLC, et al., Petitioners v. Syngenta Crop Protection, LLC

Supreme Court briefMar 17, 2020

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No. _______

In The

Supreme Court of the United States

-------------------------- ♦ ---------------------------

WILLOWOOD, LLC, WILLOWOOD USA, LLC,

WILLOWOOD AZOXYSTROBIN, LLC,

WILLOWOOD LIMITED,

Petitioners,

v.

SYNGENTA CROP PROTECTION, LLC,

Respondent.

-------------------------- ♦ --------------------------

On Petition for a Writ of Certiorari to the United

States Court of Appeals for the Federal Circuit

-------------------------- ♦ --------------------------

APPENDIX

VOLUME II OF II

-------------------------- ♦ --------------------------

Steven E. Tiller

Counsel of Record

WHITEFORD TAYLOR PRESTON LLP

Seven Saint Paul Street, Suite 1300

Baltimore, Maryland 21202

(410) 347-9425

stiller@wtplaw.com

Barry S. Neuman

WHITEFORD TAYLOR PRESTON LLP

1800 M Street, NW, Suite 450N

Washington, DC 20036

(202) 659-6761

bneuman@wtplaw.com

Barry E. Bretschneider

WHITEFORD TAYLOR PRESTON LLP

3190 Fairview Park Drive, Suite 800

Falls Church, Virginia 22042

(703) 280-9086

bretschneider@wtplaw.com

Counsel for Petitioners

Dated: March 17, 2020

THE LEX GROUPDC i 1050 Connecticut Avenue, N.W. i Suite 500, #5190 i Washington, D.C.

(202) 955-0001 i (800) 856-4419 i www.thelexgroup.com

20036

ia

APPENDIX TABLE OF CONTENTS

VOLUME I OF II

Page

Opinion of

The United States Court of Appeals

For the Federal Circuit

entered December 18, 2019 ........................... 1a

Order of

The United States District Court

For the Middle District of North Carolina

Re: Granting in Part Defendants’ Motion for

Summary Judgment and Denying Plaintiff’s

Motion to Exclude Mr. Schatzow’s Report

entered April 10, 2017 ................................. 40a

Memorandum Opinion and Order of

The United States District Court

For the Middle District of North Carolina

Re: Granting in Part and Denying in Part

Plaintiff’s Motion for Summary Judgment,

Denying in Part Defendants’ Motion for

Summary Judgment, and Granting in

Part and Denying in Part Plaintiff’s

Motion to Exclude Certain Expert Opinions

entered March 24, 2017 ............................... 42a

7 U.S.C. § 136.......................................................... 72a

7 U.S.C. § 136a........................................................ 92a

17 U.S.C. § 102...................................................... 143a

17 U.S.C. § 105...................................................... 144a

iia

17 U.S.C. § 501...................................................... 146a

21 U.S.C. § 355...................................................... 149a

35 U.S.C. § 271...................................................... 192a

35 U.S.C. § 287...................................................... 200a

40 C.F.R. § 152.42 ................................................. 209a

40 C.F.R. § 152.50 ................................................. 209a

40 C.F.R. § 152.80 ................................................. 213a

40 C.F.R. § 152.81 ................................................. 214a

40 C.F.R. § 152.82 ................................................. 216a

40 C.F.R. § 152.83 ................................................. 217a

40 C.F.R. § 152.84 ................................................. 219a

40 C.F.R. § 152.85 ................................................. 219a

40 C.F.R. § 152.86 ................................................. 222a

40 C.F.R. § 152.90 ................................................. 225a

40 C.F.R. § 152.91 ................................................. 226a

40 C.F.R. § 152.92 ................................................. 227a

40 C.F.R. § 152.93 ................................................. 228a

40 C.F.R. § 152.94 ................................................. 230a

40 C.F.R. § 152.95 ................................................. 231a

40 C.F.R. § 152.96 ................................................. 232a

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40 C.F.R. § 152.97 ................................................. 234a

40 C.F.R. § 152.98 ................................................. 235a

40 C.F.R. § 152.99 ................................................. 237a

40 C.F.R. § 152.107 ............................................... 241a

40 C.F.R. § 152.108 ............................................... 241a

40 C.F.R. § 152.113 ............................................... 243a

40 C.F.R. § 156.3 ................................................... 246a

40 C.F.R. § 156.10 ................................................. 246a

40 C.F.R. § 156.60 ................................................. 263a

40 C.F.R. § 156.62 ................................................. 265a

40 C.F.R. § 156.64 ................................................. 267a

40 C.F.R. § 156.66 ................................................. 268a

40 C.F.R. § 156.68 ................................................. 269a

40 C.F.R. § 156.70 ................................................. 270a

40 C.F.R. § 156.78 ................................................. 273a

40 C.F.R. § 156.80 ................................................. 277a

40 C.F.R. § 156.85 ................................................. 277a

40 C.F.R. § 156.140 ............................................... 279a

40 C.F.R. § 156.144 ............................................... 283a

40 C.F.R. § 156.146 ............................................... 284a

iva

40 C.F.R. § 156.156 ............................................... 288a

40 C.F.R. § 156.159 ............................................... 290a

40 C.F.R. § 156.200 ............................................... 290a

40 C.F.R. § 156.203 ............................................... 291a

40 C.F.R. § 156.204 ............................................... 292a

40 C.F.R. § 156.206 ............................................... 293a

40 C.F.R. § 156.208 ............................................... 295a

40 C.F.R. § 156.210 ............................................... 299a

40 C.F.R. § 156.212 ............................................... 301a

S. Rep. 100-83, Process Patents Amendments

Act of 1987 (June 23, 1987) .................................. 312a

va

APPENDIX TABLE OF CONTENTS

VOLUME II OF II

Page

H. R. Conf. Rep. 100-576 (1988) ........................... 441a

Letter to Warren Stickle, President of Chemical

Producers & Distributors Association, from

Susan B. Hazen, Principal Deputy Assistant

Administrator of the U.S. Environmental

Protection Agency

dated August 3, 2005 ................................. 480a

Declaration of Lois Rossi

undated....................................................... 483a

Declaration of Debra Edwards,

With Attached Declaration of Lois Rossi,

dated June 17, 2009 ................................... 491a

Willowood Azoxy 2C Label Submitted to EPA

dated August 15, 2013 ............................... 501a

441a

H.R. Conf. Rep. No. 576, 100TH Cong., 2ND Sess.

1988, 1988 U.S.C.C.A.N. 1547, 1988 WL 170253,

H.R. CONF. REP. 100-576 (Leg.Hist.)

P.L. 100–418, OMNIBUS TRADE AND

COMPETITIVENESS ACT OF 1988

DATES OF CONSIDERATION AND PASSAGE

House July 13, 1988

Senate August 3, 1988 Cong. Record Vol. 134 (1988)

RELATED REPORTS

House Report (Ways and Means Committee) No.

100–40(I), Apr. 6, 1987 [To accompany H.R. 3]

House Report (Energy and Commerce Committee)

No. 100–40(II), Apr. 6, 1987 [To accompany H.R. 3]

House Report (Foreign Affairs Committee) No. 100–

40(III), Apr. 6, 1987 [To accompany H.R. 3]

House Report (Banking, Finance and Urban Affairs

Committee) No. 100–40(IV), Apr. 6, 1987 [To

accompany H.R. 3]

House Report (Education and Labor Committee) No.

100–40(V), Apr. 6, 1987 [To accompany H.R. 3]

House Report (Agriculture Committee) No. 100–

40(VI), Apr. 7, 1987 [To accompany H.R. 3]

No Senate or House Report was submitted with this

legislation. A related report is set out.

Much of Public Law 100–418 is derived from

H.R. 3, the predecessor bill vetoed by President

Reagan on May 24, 1988, primarily because of

the inclusion of a subtitle requiring employers to

provide employees with notice of plant closings and

mass layoffs; that subtitle has been separated from

Public Law 100– 418 (see Pub.L. 100–379). The

conference report to accompany H.R. 3 is to be

442a

treated as the legislative history to accompany

Public Law 100–418 (see section 2 of Public Law

100–418 for applicability and exceptions). The

conference report to accompany H.R. 3 (H.R. Rep.

No. 100–576, Apr. 20, 1988) is set out.

(CONSULT NOTE FOLLOWING TEXT FOR

INFORMATION ABOUT OMITTED MATERIAL.

EACH COMMITTEE REPORT IS A SEPARATE

DOCUMENT ON WESTLAW.)

HOUSE CONFERENCE REPORT NO. 100–576

April 20, 1988

*****

JOINT EXPLANATORY STATEMENT OF THE

COMMITTEE OF CONFERENCE

The managers on the part of the House and the

Senate at the conference on the disagreeing votes of

the two Houses on the amendment of the Senate to

the bill (H.R. 3) to enhance the competitiveness of

American industry, and for other purposes, submit

the following joint statement to the House and the

Senate in explanation of the effect of the action agreed

upon by the managers and recommended in the

accompanying conference report:

The Senate amendment struck out all of the

House bill after the enacting clause and

inserted a substitute text.

The House recedes from its disagreement to the

amendment of the Senate with an amendment which

is a substitute for the House bill and the Senate

amendment. The differences between the House bill,

the Senate amendment, and the substitute agreed to

443a

in conference are noted below, except for clerical

corrections, conforming changes made necessary by

agreements reached by the conferees, and minor

drafting and clarifying changes.

The conferees agreed to the House and Senate

provisions.

2. INFRINGEMENT LIABILITY (SEC. 1403 OF

HOUSE BILL; SEC. 3302 OF SENATE

AMENDMENT)

Present law

No provision.

House bill

Provides that using, selling or importing a

product made in violation of a U.S. process patent is

an act of patent-infringement. Limits remedies

against mere users or retailers by requiring

exhaustion of remedies against importers and nonretailer sellers. Liability is further limited by

excluding products which have been materially

changed by subsequent processes or if the product is

a minor or nonessential component of another

product.

Senate bill

Similar to House bill in that it provides that

using, selling or importing a product made in

violation of a U.S. process patent is an act of patentinfringement. Limits remedies against mere users

(for non-commercial use) or retailers by requiring

exhaustion of remedies against importers and nonretailer sellers. Liability is further limited by

excluding products which have been materially

444a

changed by subsequent processes or if the product is

a trivial and nonessential component of another

product.

Conference agreement

House recedes to the Senate on both “noncommercial use” and “trivial and” amendments.

As to the former, the House recession implies

that exhaustion of other remedies must occur before

recourse is made against a non-commercial user.

It should be noted that many of the “products”

produced by patented processes are themselves

“used” in the manufacture of another product which

is introduced into commerce. Consider a process

patent held on a method for preparing a plasmid or

other vector. The use of the plasmid or vector to insert

a new gene into a living cell, instructing the cell to

produce an important human protein (such as insulin

or interferon) which will then be separated from the

fermentation mash, purified, and packaged into

single dosage forms, is a commercial use and is

ineligible for the limited protection granted to noncommercial uses. The field of biotechnology is

particularly susceptible to commercial “users”

without sales. For example, a patent may cover a

process for producing a microorganism using

recombinant DNA technology. The microganism is

then used to produce a particular commercial endproduct of great value. The bill's provisions limiting

remedies against users are not intended to apply to

such commercial uses. The Committee believes that

without expeditious remedies against use-based

infringement, merely stopping non-retail sale of the

445a

microorganism after its entry into the country fails to

prevent commercial use of the microorganism.

In the biotechnology field it is well known that

all living organisms contain within them particular

genetic sequences composed of unique structural

characteristics. The patented process may be for the

process of preparing a DNA molecule comprising a

specific genetic sequence. A foreign manufacturer

uses the patented process to prepare the DNA

molecule which is the product of the patented process.

The foreign manufacturer inserts the DNA molecule

into a plasmid or other vector and the plasmid or

other vector containing the DNA molecule is, in turn,

inserted into a host organism; for example, a

bacterium. The plasmid-containing host organism

still containing the specific genetic sequence

expresses that sequence to produce the desired

polypeptide. Even if a different organism was created

by this biotech procedure, if it would not have been

possible or Requires the Secretary of Transportation

to solicit the views of the Department of Commerce

and the United States Trade Representative in

addition to the Department of State before taking

action on a complaint.

Senate amendment

Identical to House bill.

Conference agreement

House bill

4. Present law

Does not require reports to Congressional

Committees on actions taken on a complaint.

446a

House bill

Requires the Secretary of Transportation to

report within 30 days of taking action on a complaint

to the House Committee on Public Works and

Transportation and the Senate Committee on

Commerce, Science and Transportation on what

actions have been taken.

Senate amendment

Requires the same reports as the House bill,

except that the Secretary does not have to report if

the complaint is withdrawn before the 30th day.

Conference agreement

House bill

From the Committee on Ways and Means, for

consideration of titles I, II, VIII, and XV and sections

704 and 906 of the House bill, and titles I, II, III

(except sections 308 and 310), IV (except sections 412

through 415), V through VIII, IX (except sections 963,

967 through 972, 974, 975, and 977) of the Senate

amendment, and modifications committed to

conference:

DAN ROSTENKOWSKI,

SAM M. GIBBONS,

THOMAS J. DOWNEY,

DON J. PEASE,

MARTY RUSSO,

FRANK GUARINI,

ROBERT T. MATSUI,

JOHN J. DUNCAN,

447a

BILL ARCHER,

GUY VANDER JAGT,

From the Committee on Ways and Means, for

consideration of sections 321, 323, 363, 907 through

909 of the House bill, and title XXXVII and sections

308, 310, 412, 977, 2002, and 3871 of the Senate

amendment, and modifications committed to

conference:

DAN ROSTENKOWSKI,

SAM M. GIBBONS,

THOMAS J. DOWNEY,

DON J. PEASE,

MARTY RUSSO,

RICHARD T. SCHULZE,

From the Committee on Ways and Means, for

consideration of sections 613, 626, 627, 671 through

675, 681, 682, 691, and 692 of the House bill, and

sections 974, 975, 2112, 2128, 2171, 2173 through

2175, 2191, 2193, and 2194 of the Senate amendment,

and modifications committed to the conference:

DAN ROSTENKOWSKI,

SAM M. GIBBONS,

DON J. PEASE,

MARTY RUSSO,

ROBERT T. MATSUI,

WM. THOMAS,

From the Committee on Ways and Means, for

consideration of sections 605 through 607, 611, and

663 of the House bill, and sections 2113, 2114, and

448a

2136 of the Senate amendment, and modifications

committed to conference:

DAN ROSTENKOWSKI,

SAM M. GIBBONS,

ROBERT T. MATSUI,

WM. THOMAS,

From the Committee on Ways and Means, for

consideration of title X of the House bill, and section

3911 of the Senate amendment, and modifications

committed to conference:

SAM M. GIBBONS,

FRANK GUARINI,

From the Committee on Ways and Means, for

consideration of sections 351, 901, and 902 of the

House bill, and sections 968 through 972, 1030

through 1033, and 3811 through 3824 of the Senate

amendment, and modifications committed to

conference:

DAN ROSTENKOWSKI,

SAM M. GIBBONS,

THOMAS J. DOWNEY,

BILL ARCHER,

RICHARD T. SCHULZE,

From the Committee on Agriculture, for

consideration of title VI and sections 318 through 321

of the House bill, and title XXI (except sections

2178 through 2180A and 2185 through 2187) and

sections 601, 602, 604, 605, 974, 975, and 4706 of the

Senate amendment, and modifications committed to

conference:

449a

E DE LA GARZA,

GEORGE E. BROWN, Jr.,

LEON E. PANETTA,

DAN GLICKMAN,

CHARLIE STENHOLM,

HAROLD L. VOLKMER,

PAT ROBERTS,

SID MORRISON,

STEVE GUNDERSON,

FRED GRANDY,

From the Committee on Agriculture, for

consideration of section 308 of the Senate

amendment, and modifications committed to

conference:

E DE LA GARZA,

GEORGE E. BROWN, Jr.,

DAN GLICKMAN,

PAT ROBERTS,

SID MORRISON,

From the Committee on Banking, Finance and

Urban Affairs, for consideration of section 126

(insofar as it would add new sections 311(g)(1) and (2)

to the Trade Act of 1974), sections 401 through 427,

and 431 through 452 of the House bill, and titles XIII

and XVII and sections 108, 2008, 2012, and 2178

through 2180A of the Senate amendment, and

modifications committed to conference:

FERNAND J. ST GERMAIN,

WALTER E. FAUNTROY,

450a

ROBERT GARCIA,

JOHN J. LAFALCE

CHARLES E. SCHUMER,

BRUCE A. MORRISON,

DOUG BEREUTER,

From the Committee on Banking, Finance and

Urban Affairs, for consideration of section 322 of the

House bill, and section 1106 of the Senate

amendment, and modifications committed to

conference:

FERNAND J. ST GERMAIN,

MARY ROSE OAKAR,

ROBERT GARICA,

BRUCE VENTO,

CHARLES E. SCHUMER,

BRUCE A. MORRISON,

DOUG BEREUTER,

From the Committee on Banking, Finance and

Urban Affairs, from consideration of sections 341 and

344 of the House bill, and modifications committed to

conference:

WALTER E. FAUNTROY,

MARY ROSE OAKAR,

ROBERT GARCIA,

JOHN J. LAFALCE,

CHARLES E. SCHUMER,

BRUCE A. MORRISON

DOUG BEREUTER,

451a

From the Committee on Banking, Finance

and Urban Affairs, for consideration of section 428

of the House bill, and section 1506 of the Senate

amendment, and modifications committed to

conference:

FERNAND J. ST GERMAIN,

MARY ROSE OAKAR,

BRUCE VENTO,

DOUG BARNARD, Jr.,

CHARLES E. SCHUMER,

BRUCE A. MORRISON,

DOUG BEREUTER,

From the Committee on Banking, Finance and

Urban Affairs, for consideration of sections 461

through 471 of the House bill, and sections 3801

through 3809 of the Senate amendment, and

modifications committed to conference:

FERNAND J. ST GERMAIN,

WALTER E. FAUNTROY,

ROBERT GARCIA,

MARY ROSE OAKAR,

JOHN J. LAFALCE,

BRUCE F. VENTO,

From the Committee on Banking, Finance and

Urban Affairs, for consideration of sections 476 and

477 of the House bill, and sections 1101 through 1103

of the Senate amendment, and modifications

committed to conference:

FERNAND J. ST GERMAIN,

WALTER E. FAUNTROY,

452a

MARY ROSE OAKAR,

ROBERT GARCIA,

JOHN J. LAFALCE,

BRUCE VENTO,

DOUG BEREUTER,

TOBY ROTH,

From the Committee on Banking, Finance and

Urban Affairs, for consideration of sections 907 of the

House bill, and modifications committed to

conference:

FERNAND J. ST GERMAIN,

WALTER E. FAUNTROY,

MARY ROSE OAKAR,

ROBERT GARCIA,

BRUCE VENTO,

CHARLES E. SCHUMER,

DOUG BEREUTER,

From the Committee on Banking, Finance and

Urban Affairs, for consideration of section 911 of the

House bill, and modifications committed to

conference:

FERNAND J. ST GERMAIN,

MARY ROSE OAKAR,

JOHN J. LAFALCE,

BRUCE VENTO,

CHARLES E. SCHUMER,

BRUCE A. MORRISON,

DOUG BEREUTER,

453a

From the Committee on Banking, Finance and

Urban Affairs, for consideration of section 959 of the

Senate amendment, and modifications committed to

conference:

FERNAND J. ST GERMAIN,

WALTER E. FAUNTROY,

MARY ROSE OAKAR,

ROBERT GARCIA,

JOHN J. LAFALCE,

CHARLES E. SCHUMER,

DOUG BEREUTER,

From the Committee on Banking, Finance and

Urban Affairs, for consideration of sections 1026 and

1027 of the Senate amendment, and modifications

committed to conference:

FERNAND J. ST GERMAIN,

MARY ROSE OAKAR,

JOHN J. LAFALCE,

BRUCE VENTO,

CHARLES E. SCHUMER,

BRUCE A. MORRISON,

DOUG BEREUTER,

TOBY ROTH,

From the Committee on Banking, Finance and

Urban Affairs, for consideration of sections 1501

through 1504 of the Senate amendment, and

modifications committed to conference:

FERNAND J. ST GERMAIN,

MARY ROSE OAKAR,

454a

BRUCE VENTO,

DOUG BARNARD, Jr.,

CHARLES E. SCHUMER,

BRUCE A. MORRISON,

DOUG BEREUTER,

From the Committee on Banking, Finance and

Urban Affairs, for consideration of section 1805 of the

Senate amendment, and modifications committed to

conference:

FERNAND J. ST GERMAIN,

WALTER E. FAUNTROY,

ROBERT GARCIA,

BRUCE VENTO,

CHARLES E. SCHUMER,

BRUCE A. MORRISON,

DOUG BEREUTER,

From the Committee on Banking, Finance and

Urban Affairs, for consideration of title XIX and

section 2001 of the Senate amendment, and

modifications committed to conference:

FERNAND J. ST GERMAIN,

WALTER E. FAUNTROY,

ROBERT GARCIA,

JOHN J. LAFALCE,

BRUCE VENTO,

CHARLES E. SCHUMER,

DOUG BEREUTER,

455a

From the Committee on Banking, Finance and

Urban Affairs, for consideration of section 313 of the

House bill, and sections 1201 and 1203 of the Senate

amendment, and modifications committed to

conference:

WALTER E. FAUNTROY,

ROBERT GARCIA,

BRUCE A. MORRISON,

DOUG BEREUTER,

From the Committee on Banking, Finance and

Urban Affairs, for consideration of section 326 of the

House bill, and modifications committed to

conference:

FERNAND J. ST GERMAIN,

MARY ROSE OAKAR,

ROBERT GARCIA,

From the Committee on Banking, Finance and

Urban Affairs, for consideration of section 345 of the

House bill, and modifications committed to

conference:

MARY ROSE OAKAR,

JOHN J. LAFALCE,

BRUCE VENTO,

DOUG BEREUTER,

From the Committee on Banking, Finance and

Urban Affairs, for consideration of section 664 of the

House bill, and sections 1801, 3903, and 3906 of the

Senate amendment, and modifications committed to

conference:

456a

FERNAND J. ST GERMAIN,

WALTER E. FAUNTROY,

ROBERT GARCIA,

DOUG BEREUTER,

From the Committee on Banking, Finance and

Urban Affairs, for consideration of section 702 of the

House bill, and modifications committed to

conference:

FERNAND J. ST GERMAIN,

WALTER E. FAUNTROY,

MARY ROSE OAKAR,

From the Committee on Banking, Finance and

Urban Affairs, for consideration of sections 902, 905,

and 912 of the House bill, and title XIV and sections

3811 through 3824, 3861 through 3867, and 4501 of

the Senate amendment, and modifications committed

to conference:

MARY ROSE OAKAR,

JOHN J. LAFALCE,

BRUCE VENTO,

J. ALEX MCMILLAN,

TOBY ROTH,

From the Committee on Banking, Finance and

Urban Affairs, for consideration of section 1303 of the

House bill, and modifications committed to

conference:

MARY ROSE OAKAR,

WALTER E. FAUNTROY,

ROBERT GARCIA,

457a

From the Committee on Banking, Finance and

Urban Affairs, for consideration of section 1105 of the

Senate amendment, and modifications committed to

conference:

FERNAND J. ST GERMAIN,

MARY ROSE OAKAR,

ROBERT GARCIA,

DOUG BEREUTER,

From the Committee on Banking, Finance and

Urban Affairs, for consideration of section 1505 of the

Senate amendment, and modifications committed to

conference:

FERNAND J. ST GERMAIN,

MARY ROSE OAKAR,

BRUCE F. VENTO,

From the Committee on Banking, Finance and

Urban Affairs, for consideration of section 3854 of the

Senate amendment, and modifications committed to

conference:

FERNAND J. ST GERMAIN,

MARY ROSE OAKAR,

BRUCE F. VENTO,

From the Committee on Foreign Affairs, for

consideration of title III (except sections 322, 326, and

351) and sections 451, 601 through 612, 621 through

623, 625, 631 through 637, 641 through 651, 653, 663,

701, 903, 907, and 912 of the House bill, and titles X

(except sections 1030 through 1033), XII, XVI, XVIII

(except section 1801), XX (except sections 2001 and

2008), and XLVII and sections 311, 413 through 415,

458a

958, 963 through 972, 977, 1104, 1304, 1504, 2111,

2113 through 2127, 2129, 2132 through 2136, 2138,

2139A through 2166, 2180B through 2182, 2184,

2192, 3851, 3871, 4501, and 4901 of the Senate

amendment, and modifications committed to

conference:

DANTE B. FASCELL,

DON BONKER,

DAN MICA,

HOWARD L. BERMAN (except for

section 331 of the House bill, and section

1020 of the Senate amendment),

MEL LEVINE (except for sections 301

through 321, 323 through 325, 345, 601

through 612, 621 through 623, 625, 631

through 637, 641 through 651, 653, 663,

and 912 of the House bill, and sections

311, 958, 968 through 972, 1802 through

1805, 1807 through 1809, 2002 through

2007, 2009 through 2012, 2111, 2113

through 2127, 2129, 2132 through 2136,

2138, 2139A through 2166, 2180B

through 2182, 2192, 4501, and 4901, and

titles XII and XLVII of the Senate

amendment),

JAMES H. BILBRAY (except for section

331 of the House bill, and section 1020 of

the Senate amendment),

TOBY ROTH,

DOUGLAS BEREUTER,

JOHN MILLER (except for section 331

of the House bill, and section 1020 and

title XLVII of the Senate amendment),

459a

From the Committee on Foreign Affairs, for

consideration of section 331 of the House bill, and

section 1020 of the Senate amendment:

HOWARD WOLPE,

From the Committee on Foreign Affairs, for

consideration of section 325 of the House bill, and title

XLVII and sections 311, 958, 968 through 972, 2002

through 2007, 2009 through 2012, and 4901 of the

Senate amendment:

STEPHEN J. SOLARZ,

From the Committee on Foreign Affairs, for

consideration of sections 318 through 321, 345, 601

through 612, 621 through 623, 625, 631 through 637,

641 through 651, 653, 663, and 912 of the House bill,

and sections 2111, 2113 through 2127, 2129, 2132

through 2136, 2138, 2139A through 2166, 2180B

through 2182, 2192, and 4501 of the Senate

amendment:

SAM GEJDENSON,

From the Committee on Foreign Affairs, for

consideration of title XLVII of the Senate

amendment:

BENJAMIN A. GILMAN,

From the Committee on Foreign Affairs, for

consideration of sections 322, 326, 351, 461 through

471, 664, 702, 703, 901, 902, 905, 1303 through 1306,

and 1310 of the House bill, and title XIV and sections

308, 412, 1105, 1505, 1801, 3801 through 3824, 3854,

3902 through 3907, 3910, and 3912 of the Senate

amendment, and modifications committed to

conference:

460a

DON BONKER,

DAN MICA (except for sections 1303

through 1306 and 1310 of the House bill,

and sections 3902 through 3907, 3910,

and 3912 of the Senate amendment),

HOWARD L. BERMAN (except for

section 664 of the House bill, and

sections 308 and 2178 through 2180A of

the Senate amendment),

DOUG BEREUTER (except for sections

1303 through 1306 and 1310 of the

House bill, and sections 3902 through

3907, 3910, and 3912 of the Senate

amendment),

From the Committee on Foreign Affairs, for

consideration of section 664 of the House bill, and

sections 308 and 2178 through 2180A of the Senate

amendment:

SAM GEJDENSON,

From the Committee on Foreign Affairs, for

consideration of sections 1303 through 1306 and 1310

of the House bill, and sections 3902 through 3907,

3910, and 3912 of the Senate amendment:

JAMES H. BILBRAY,

BILL BROOMFIELD,

From the Committee on Foreign Affairs, for

consideration of sections 1030 through 1033 of the

Senate amendment, and modifications committed to

conference:

DANTE B. FASCELL,

DON BONKER,

461a

DAN MICA,

WM. BROOMFIELD,

TOBY ROTH,

From the Committee on Energy and

Commerce, for consideration of title II and section 703

of the House bill, and sections 901 through 913 of the

Senate amendment, and modifications committed to

conference:

JOHN D. DINGELL,

JAMES J. FLORIO,

EDWARD J. MARKEY,

PHILIP R. SHARP,

AL SWIFT,

MIKE SYNAR,

D.E. ECKART,

JIM SLATTERY,

NORMAN F. LENT,

CARLOS J. MOORHEAD,

MATT RINALDO,

DON RITTER,

From the Committee on Energy and

Commerce, for consideration of sections 104, 181, 183,

324, 701, 903, 904, 906, and 909 of the House bill, and

title XVI and sections 1503, 1802, and 3851 through

3853 of the Senate amendment, and modifications

committed to conference; for consideration of sections

121 and 124 of the House bill, and sections 306 and

307 of the Senate amendment, and modifications

committed to conference, except for those matters

relating to suspension, withdrawal, or prevention of

462a

trade agreement concessions or to imposition of duties

or other import restrictions on goods; and for

consideration of section 201 of the Senate amendment

(insofar as it would add new sections 204(d)(1)(B)(ii)

and 204(d) (2)(B) through (E) to the Trade Act of

1974), and modifications committed to conference:

JOHN D. DINGELL,

JAMES J. FLORIO,

EDWARD J. MARKEY,

PHILIP R. SHARP,

AL SWIFT,

JOHN BRYANT,

NORMAN F. LENT,

CARLOS J. MOORHEAD,

MATT RINALDO,

From the Committee on Energy and

Commerce, for the consideration of section 198 of the

House bill, and sections 2185 through 2188 of the

Senate amendment, and modifications committed to

conference:

JOHN D. DINGELL,

JAMES J. FLORIO,

EDWARD J. MARKEY,

PHILIP R. SHARP,

AL SWIFT,

JOHN BRYANT,

NORMAN F. LENT,

CARLOS J. MOORHEAD,

DAN COATS,

463a

From the Committee on Energy and

Commerce, for the consideration of sections 908, 910,

and 911 of the House bill, and section 310 of the

Senate amendment, and modifications committed to

conference:

JOHN D. DINGELL,

JAMES J. FLORIO,

EDWARD J. MARKEY,

PHILIP R. SHARP,

AL SWIFT,

JOHN BRYANT,

NORMAN F. LENT,

MATT RINALDO,

DON RITTER,

From the Committee on Energy and

Commerce, for consideration of sections 311 through

316, 345, 461 through 471, 901, 902, 905, 907, and 912

of the House bill, and titles XII (except section 1207)

and XIV and sections 968 through 972, 1801, 1802,

3801 through 3824, and 4501 of the Senate

amendment, and modifications committed to

conference:

JOHN D. DINGELL,

JAMES J. FLORIO,

EDWARD J. MARKEY,

NORMAN F. LENT, (except for sections

461–471 of the House bill and sections

3801–3809 of the Senate amendment),

From the Committee on Energy and

Commerce, for consideration of section 331 of the

464a

House bill,

conference:

and

modifications

committed

to

JOHN D. DINGELL,

JAMES J. FLORIO,

NORMAN F. LENT,

From the Committee on Energy and

Commerce, for consideration of section 702 of the

House bill, and sections 1505 and 3854 of the Senate

amendment, and modifications committed to

conference:

JOHN D. DINGELL,

JAMES J. FLORIO,

EDWARD J. MARKEY,

NORMAN F. LENT,

MATT RINALDO,

From the Committee on Energy and

Commerce, for consideration of sections 3861 through

3867 of the Senate amendment, and modifications

committed to conference:

JOHN D. DINGELL,

JAMES J. FLORIO,

EDWARD J. MARKEY,

NORMAN F. LENT,

DON RITTER,

From the Committee on Education and Labor,

for consideration of title V (except subtitle B) of the

House bill, and titles XXIII through XXXII of the

Senate amendment, and modifications committed to

conference:

465a

AUGUSTUS F. HAWKINS,

WILLIAM D. FORD,

DALE E. KILDEE,

PAT WILLIAMS,

JIM JEFFORDS,

BILL GOODLING,

TOM COLEMAN,

From the Committee on Education and Labor,

for consideration of subtitle B of title V of the House

bill, and title XXII of the Senate amendment (except

the portion of section 2202 that would add new part B

to title III of the Job Training Partnership Act), and

modifications committed to conference:

AUGUSTUS F. HAWKINS,

WILLIAM D. FORD,

JOSEPH M. GAYDOS,

W.L. CLAY,

MATTHEW G. MARTINEZ,

JIM JEFFORDS,

MARGE ROUKEMA,

STEVE GUNDERSON,

From the Committee on Education and Labor,

for consideration of section 2202 of the Senate

amendment (insofar as it would add new part B to

title III of the Job Training Partnership Act), and

modifications committed to conference:

AUGUSTUS F. HAWKINS,

WILLIAM D. FORD,

JOSEPH M. GAYDOS,

466a

W.L. CLAY,

MATTHEW G. MARTINEZ,

AUSTIN J. MURPHY,

JIM JEFFORDS,

From the Committee on Education and Labor,

for consideration of section 904 of the House bill, and

modifications committed to conference:

AUGUSTUS F. HAWKINS,

WILLIAM D. FORD,

JOSEPH M. GAYDOS,

JIM JEFFORDS,

BILL GOODLING,

From the Committee on the Judiciary, for

consideration of title XIV and sections 166, and 171

through 173 of the House bill, and titles XXXIII

through XXXVI and sections 201 (insofar as it would

add new section 203(f) to the Trade Act of 1974), 401,

415, 416, 1107, 1806, 1908, and 1910 of the Senate

amendment, and modifications committed to

conference:

PETER W. RODINO, Jr.,

BOB KASTENMEIER,

DON EDWARDS,

WILLIAM J. HUGHES,

PAT SCHROEDER,

GEO. W. CROCKETT, Jr.,

BILL McCOLLUM,

DANIEL E. LUNGREN,

HAMILTON FISH, Jr.,

467a

CARLOS J. MOORHEAD,

HENRY J. HYDE,

DANIEL E. LUNGREN,

From the Committee on the Judiciary, for

consideration of sections 872 and 873 of the House

bill, and modifications committed to conference:

PETER W. RODINO, JR.,

BOB KASTENMEIER,

DON EDWARDS,

WILLIAM J. HUGHES,

PAT SCHROEDER,

GEO. W. CROCKETT, JR.,

BILL MCCOLLUM,

DANIEL E. LUNGREN,

HAMILTON FISH, JR.,

CARLOS J. MOORHEAD,

From the Committee on the Judiciary, for

consideration of sections 326, 905, and 912 of the

House bill, and titles XIV and XLVIII, and sections

1105 and 3861 through 3867 of the Senate

amendment, and modifications committed to

conference:

PETER W. RODINO, Jr.,

DON EDWARDS,

WILLIAM J. HUGHES,

HAMILTON FISH, Jr.,

CARLOS J. MOORHEAD,

468a

From the Committee on the Judiciary, for

consideration of section 351 of the House bill, and

modifications committed to conference:

BOB KASTENMEIER,

PAT SCHROEDER,

HAMILTON FISH, Jr.,

CARLOS J. MOORHEAD,

From the Committee on the Judiciary, for

consideration of section 701 of the House bill, and

sections 1603 through 1605 of the Senate

amendment, and modifications committed to

conference:

PETER W. RODINO, Jr.,

WILLIAM J. HUGHES,

GEO. W. CROCKETT, Jr.,

BILL MCCOLLUM,

From the Committee on the Judiciary, for

consideration of section 703(h) of the House bill, and

modifications committed to conference:

PETER W. RODINO, Jr.,

WILLIAM J. HUGHES,

GEO. W. CROCKETT, Jr.,

HAMILTON FISH, Jr.,

CARLOS J. MOORHEAD,

From the Committee on Government

Operations, for consideration of titles X and XVI of the

House bill, and title XLVIII of the Senate

amendment, and modifications committed to

conference:

469a

JACK BROOKS,

JOHN CONYERS, Jr.,

STEVE NEAL,

BARNEY FRANK,

BOB WISE,

FRANK HORTON,

ROBERT WALKER (except for title XVI

of the House bill, title XLVIII of the

Senate amendment, and sections 5301

through 5303 of the Conference report,

WILLIAM F. CLINGER (except for title

XVI of the House bill, title XLVIII of the

Senate amendment, and section 5301

through 5303 of the conference report),

From the Committee on Government

Operations, for consideration of sections 461 through

471 of the House bill, and sections 1030 through 1033

and 3801 through 3809 of the Senate amendment,

and modifications committed to conference:

JACK BROOKS (except for the

Competitiveness

Policy

Council

provided for in sections 461 through 471

of the House bill, sections 3801 through

3809 of the Senate amendment, and

sections 5201 through 5210 of the

Conference

Report),

TR#JOHN

CONYERS, Jr.,

STEVE NEAL,

FRANK HORTON (except for the

Competitiveness

Policy

Council

provided for in sections 461 through 471

of the House bill, sections 3801 through

470a

3809 of the Senate amendment, and

sections 5201 through 5210 of the

conference report),

From the Committee on Merchant Marine and

Fisheries, for consideration of title XI of the House

bill, and title XLVI and section 2011 of the Senate

amendment, and modifications committed to

conference:

WALTER B. JONES,

GLENN M. ANDERSON,

GERRY STUDDS,

DON BONKER,

WILLIAM J. HUGHES,

BOB DAVIS,

NORMAN F. LENT,

DON YOUNG,

NORMAN D. SHUMWAY,

From the Committee on Public Works and

Transportation, for consideration of title XII of the

House bill, and section 4502 of the Senate

amendment, and modifications committed to

conference:

NORMAN Y. MINETA,

JAMES L. OBERSTAR,

HENRY J. NOWAK,

NICK RAHALL,

DOUGLAS APPLEGATE,

RON DE LUGO,

JOHN PAUL HAMMERSCHMIDT,

471a

ARLAN STANGELAND,

NEWT GINGRICH,

WILLIAM F. CLINGER,

From the Committee on Small Business, for

consideration of title XIII and section 186 of the

House bill, and titles XXXVII and XXXIX and section

1804 (insofar as it would add new section 661(d)(2)(B)

to the Foreign Assistance Act of 1961) of the Senate

amendment, and modifications committed to

conference:

JOHN J. LAFALCE,

NEAL SMITH,

IKE SKELTON,

NICK MAVROULES,

JAMES H. BILBRAY,

JOSEPH M. McDADE,

ANDY IRELAND,

SILVIO O. CONTE,

From the Committee on Small Business, for

consideration of section 314 of the House bill (insofar

as it would add new section 203(c) to the Export

Administration Amendments Act of 1985), and

modifications committed to conference:

JOHN J. LAFALCE,

NEAL SMITH,

IKE SKELTON,

JOSEPH M. McDADE,

ANDY IRELAND,

472a

From the Committee on Science, Space, and

Technology, for consideration of section 911 of the

House bill, and modifications committed to

conference:

ROBERT A. ROE,

DOUG WALGREN,

BUDDY MACKAY,

TIM VALENTINE,

GEORGE E. BROWN, Jr.,

JIM SCHEUER,

MANUEL LUJAN, Jr.,

SHERWOOD BOEHLERT,

DON RITTER,

RON PACKARD,

From the Committee on Science, Space, and

Technology, for consideration of sections 3852 and

3853 of the Senate amendment, and modifications

committed to conference:

ROBERT A. ROE,

DOUG WALGREN,

BUDDY MACKAY,

GEORGE E. BROWN, Jr.,

JIM SCHEUER,

MARILYN LLOYD,

MANUEL LUJAN, Jr.,

SID MORRISON,

DON RITTER,

CONSTANCE MORELLA,

473a

From the Committee on Science, Space, and

Technology, for consideration of section 3871 of the

Senate amendment, and modifications committed to

conference:

ROBERT A. ROE,

DOUG WALGREN,

BUDDY MACKAY,

GEORGE E. BROWN, Jr.,

JIM SCHEUER,

MARILYN LLOYD,

MANUEL LUJAN, Jr.,

SHERWOOD, BOEHLERT,

From the Committee on Science, Space, and

Technology, for consideration of sections 3881

through 3884 of the Senate amendment, and

modifications committed to conference:

ROBERT A. ROE,

DAVE MCCURDY,

DAN GLICKMAN,

BILL NELSON,

TOM MCMILLEN,

JIMMY HAYES,

MANUEL LUJAN, Jr.,

TOM LEWIS,

DON RITTER,

From the Committee on Science, Space, and

Technology, for consideration of titles XL through

XLIV, and sections 4503 through 4505 of the Senate

474a

amendment,

conference:

and

modifications

committed

to

ROBERT A. ROE,

DOUG WALGREN,

GEORGE E. BROWN, Jr.,

JIM SCHEUER,

MARILYN LLOYD,

DAN GLICKMAN,

MANUEL LUJAN, Jr.,

SHERWOOD BOEHLERT,

CLAUDINE SCHNEIDER,

DON RITTER,

From the Committee on Science, Space, and

Technology, for consideration of section 4902 of the

Senate amendment, and modifications committed to

conference:

ROBERT A. ROE,

DOUG WALGREN,

GEORGE E. BROWN, Jr.,

JIM SCHEUER,

MARILYN LLOYD,

DAN GLICKMAN,

Manuel Lujan, Jr.,

Tom Lewis,

RON PACKARD,

JACK BUECHNER,

From the Committee on Science, Space, and

Technology, for consideration of sections 461 through

471 and 904 of the House bill, and sections 2305, 3801

475a

through 3809, and 3909 of the Senate amendment,

and modifications committed to conference:

ROBERT A. ROE,

DOUG WALGREN,

GEORGE E. BROWN, Jr. (except for

sections 461 through 471 of the House

bill, and sections 3801 through 3809 of

the Senate amendment),

MANUEL LUJAN, Jr.,

SHERWOOD BOEHLERT (except for

sections 461 to 471 of the House bill and

sections 3801 to 3809 of the Senate

amendment),

From the Committee on Science, Space, and

Technology, for consideration of section 412 of the

Senate amendment, and modifications committed to

conference:

ROBERT A. ROE,

RALPH M. HALL,

ROBERT TORRICELLI,

MANUEL LUJAN, Jr.,

From the Committee on Science, Space, and

Technology, for consideration of sections 3861

through 3867 of the Senate amendment, and

modifications committed to conference:

ROBERT A. ROE,

DOUG WALGREN,

TIM VALENTINE,

MANUEL LUJAN, Jr.,

DON RITTER,

476a

From the Committee on Rules, for

consideration of title XVI and sections 114(d) and (e)

of the House bill, and sections 104, 107, 110, and 2131

of the Senate amendment, and modifications

committed to conference:

CLAUDE PEPPER,

JOE MOAKLEY,

BUTLER DERRICK,

TONY P. HALL,

ALAN WHEAT,

TRENT LOTT,

GENE TAYLOR,

From the Committee on Armed Services, for

consideration of sections 1030 through 1034, and 4901

of the Senate amendment, and modifications

committed to conference:

LES ASPIN,

SAMUEL S. STRATTON,

NICK MAVROULES,

From the Committee on Armed Services, for

consideration of section 1021 of the Senate

amendment, and modifications committed to

conference:

LES ASPIN,

NICK MAVROULES,

DUNCAN HUNTER,

Managers on the Part of the House.

From the Committee on Finance:

LLOYD BENTSEN,

477a

SPARK M. MATSUNAGA,

DANIEL P. MOYNIHAN,

MAX BAUCUS,

DAVID BOREN,

BOB PACKWOOD,

JOHN H. CHAFEE,

BILL ROTH,

JOHN DANFORTH,

From the Committee on Banking, Housing, and

Urban Affairs:

PAUL SARBANES,

ALAN J. DIXON,

JOHN HEINZ,

From the Committee on Commerce, Science,

and Transportation:

ERNEST F. HOLLINGS,

DANIEL K. INOUYE,

J.J. EXON,

DAN RIEGLE,

JOHN C. DANFORTH,

BOB PACKWOOD,

From the Committee on Labor and Human

Resources:

EDWARD M. KENNEDY,

CLAIBORNE PELL,

HOWARD M. METZENBAUM,

BARBARA MIKULSKI,

478a

BROCK ADAMS,

From the Committee on Small Business:

DALE BUMPERS,

JIM SASSER,

LOWELL P. WEICKER, Jr.,

From the Committee on the Judiciary:

DENNIS DECONCINI,

PATRICK LEAHY,

From the Committee on Foreign Relations:

CLAIBORNE PELL,

PAUL SARBANES,

CHRISTOPHER J. DODD,

From the Committee on Agriculture, Nutrition,

and Forestry:

PAT LEAHY,

JOHN MELCHER,

DAVID PRYOR,

From the Committee on Governmental Affairs:

JOHN GLENN,

LAWTON CHILES,

JEFF BINGAMAN,

TED STEVENS (I object to the antiAlaskan provisions and several nontrade provisions),

Solely for the consideration of sections 1029

through 1036 of title X:

479a

ALAN CRANSTON,

Solely for the consideration of title XIV:

J.J. EXON,

JOHN C. DANFORTH,

Managers on the Part of the Senate.

(Note: 1. PORTIONS OF THE SENATE, HOUSE

AND CONFERENCE REPORTS, WHICH ARE

DUPLICATIVE OR ARE DEEMED TO BE

UNNECESSARY TO THE INTERPRETATION OF

THE LAWS, ARE OMITTED. OMITTED

MATERIAL IS INDICATED BY FIVE ASTERISKS:

*****. 2. TO RETRIEVE REPORTS ON A PUBLIC

LAW, RUN A TOPIC FIELD SEARCH USING THE

PUBLIC LAW NUMBER, e.g., TO(99-495))

H.R. Conf. Rep. No. 576, 100TH Cong., 2ND Sess.

1988, 1988 U.S.C.C.A.N. 1547, 1988 WL 170253, H.R.

CONF. REP. 100-576 (Leg.Hist.)

480a

UNITED STATES ENVIRONMENTAL

PROTECTION AGENCY

WASHINGTON, DC 20460

OFFICE OF

PREVENTION,

PESTICIDES AND

TOXIC SUBSTANCES

AUG 3 2005

Mr. Warren Stickle, President

Chemical Producers & Distributors Association

P.O. Box 25793

Alexandria, VA 22313

Dear Mr. Stickle:

Thank you for your letter of July 11, expressing

your concern about the potential impacts of the court’s

recent decision in FMC Corp. v. Control Solutions,

Inc. I share your concern about the potential impacts

on EPA’s Pesticide Program for the following program

policy reasons.

First, it must be stressed that the pesticide

label is an important part of the federally approved

registration that provides necessary information and

directions to users regarding the pesticide and how

the pesticide must be used. The label also is an

important element in EPA’s analysis of whether a

pesticide can be used without causing unreasonable

adverse effects to human health and the environment.

Accordingly, it is important for the protection of the

environment and public health that products that are

similar and ill tended for similar uses have clear and

481a

consistent labeling. It has been the practice of the

Office of Pesticide Programs since the enactment of

FIFRA section 3(c)(7)(A) in 1978 to strongly

encourage “me-too” product labels to be identical or

substantially similar to the labels of the products on

which their registrations are based. When they are

not, OPP may be unable to conclude that products

meet the FIFRA section 3(c)(7)(A) standard for

issuing “me-too” registrations. Thus, this is not

merely a matter of convenience for OPP. Similar

products need to communicate use instructions and

warnings in a clear and consistent fashion to ensure

that the products are used appropriately.

Conveying application instructions and safety

messages for similar products in different ways

increases the likelihood that the product will be

misused. It also diminishes the Agency’s ability to

enforce pesticide labeling in a consistent manner and

thus defeats the primary purpose of the labeling. For

example, precautionary language on mosquito control

products, which is intended to manage risks to

aquatic life, has varied considerably from product to

product, causing confusion’ among users and

enforcement personnel. The Agency recently issued a

Pesticide Registration Notice (PR Notice 2005-1),

which recommends consistent environmental hazard

label statements. The recommended language will

help achieve the objective of effective mosquito control

while protecting water and aquatic life.

Second, if the FMC v. CSI decision stands,

EPA’s Pesticide Program would likely be inundated

with applications to amend thousands of “me-too”

labels as their registrants endeavor to avoid potential

copyright infringement claims. It is difficult to

482a

imagine how many different ways companies might

come up with to convey the same information, and it

is equally hard to imagine the amount of staff time

that would be required to conduct a detailed review of

each label. For example, there are over 650 2,4-D

products, the majority of which are “me-toos”. It is

simply not reasonable to expect that each label could

be sufficiently different from all others to avoid

copyright infringement and yet ensure that users will

not be confused. Users are bound to be confused if all

of the these products’ labels convey their instructions

for use in different ways. And, as you have pointed

out, amendments to “me-too” labels are not subject to

the payment of fees under the Pesticide Registration

Improvement Act, but we are required by law to

complete those reviews within 90 days. These

applications would require us to devote significant

resources to activities that are essentially

administrative and do not enhance environmental

protection. The result would be a major diversion of

resources that would undermine our ability to protect

human health and the environment.

We are continuing to analyze the FMC decision

as we keep abreast of pending litigation on this issue.

We are grateful that you have shared your own

analysis with us.

Sincerely,

/s/

Susan B. Hazen

Principal Deputy Assistant Administrator

483a

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF

NORTH CAROLINA

BASF AGROCHEMICAL

PRODUCTS B.V. et al.

Plaintiffs,

v.

MAKHTESHIM AGAN OF

NORTH AMERICA, INC., et al.

Civil Action No.

06-CV-536

Defendants.

DECLARATION OF LOIS ROSSI

I, Lois Rossi, am over 18 years of age, and I am

competent to be a witness in this proceeding. I give

this Declaration based on my own personal knowledge

or on a review of information contained in the records

of the U.S. Environmental Protection Agency (“EPA”

or” Agency”) or supplied by current EPA employees

under my supervision.

1.

I currently serve as Director of the

Registration Division in the Office of Pesticide

Programs (“OPP”) at the EPA, a position I have held

since December 2003. My office is located at One

Potomac Yard, 2777 S. Crystal Drive, Arlington, VA,

22202.

2.

Before serving in my current role, I held

numerous staff and managerial positions in OPP

beginning in 1978, including serving as a Product

Manager in the Registration Division. In both my role

as Registration Division Director and as a Product

Manager, I have overseen and been involved in the

484a

process of approving pesticide product labeling

pursuant to section 3 of the Federal Insecticide,

Fungicide and Rodenticide Act (“FIFRA”). Also, in my

role as a Branch Chief in and Director of the Special

Review and Reregistration Division, I was involved in

generating and reviewing proposed label language for

registered pesticides to mitigate risks identified in the

FIFRA section 4 reregistration process.

3.

A pesticide registration is an EPA

permit that allows registrants to sell and distribute

pesticides in the United States. The requirements for

registering pesticides under FIFRA are found in

section 3 of that Act. Section 3(c)(5) requires the

Agency to determine, among other things, that the

pesticide, when used in accordance with widespread

and commonly recognized practices, will not cause

unreasonable adverse effects to human health and

the environment and that pesticide product labeling

complies with the provisions of FIFRA.

4.

In evaluating pesticide applications, the

Agency requires all registrants to submit, or offer

compensation for, a significant body of toxicity and

exposure data and to submit proposed labeling for

pesticides for which they are seeking registration.

EPA reviews the submitted data and conducts a risk

assessment for each pesticide. EPA then uses that

risk assessment, together with consideration of the

benefits of the pesticide, to determine, consistent with

the FIFRA standard, the appropriate terms and

conditions for registration of that pesticide.

5.

The EPA-approved labeling is an

integral part of the federally approved registration. It

is the primary means through which EPA establishes

and enforces the terms of the registration and

485a

regulates the use of the pesticide. Indeed, it is a

violation of FIFRA to use a registered pesticide in a

manner inconsistent with the EPA-approved labeling.

A pesticide label sets forth the lawful conditions of use

for a pesticide in order to ensure that the pesticide

will not cause unreasonable adverse effects to human

health and the environment. EPA must, therefore,

carefully review product labeling to ensure that the

directions are clear, capable of being followed and

enforceable, and that, when followed, product use will

be consistent with the FIFRA standard.

6.

Many components of the label are

circumscribed by EPA regulations and policy; however,

the majority of conditions for use of a pesticide are

determined by EPA on a pesticide-by-pesticide basis.

This is because of the enormous variety in the nature

of pesticides, their use sites, and the pests they are

designed to control. As part of this process, EPA reviews

the considerable toxicity and exposure data that are

required to be submitted to EPA by all pesticide

registrants. Evaluating these data and determining the

appropriate conditions of use to ensure the pesticide

meets the FIFRA standard requires extensive EPA

review and involvement and results, in most cases, in

significant revisions to the initial proposed label

submitted by an applicant for registration.

7.

Indeed, it is the development of the

pesticide database. the review of that data, the risk

assessment, and the subsequent establishment of the

conditions for use of the pesticide that involve the

most significant use of registrant and Agency

resources. The labeling instructions are simply the

mechanism through which the EPA-approved

conditions of use are expressed. For example, if it is

486a

necessary to ensure that a pesticide does not get into

water because it may kill fish and other aquatic

organisms, the Agency might require that a no-use

buffer zone around lakes, rivers, and streams be

imposed before approving a registration for the

pesticide. It is the determination that a buffer is

needed-and the size of that buffer- that will involve

significant time and effort. Although it is critical that

the label language putting that registration condition

in place be as clear and understandable to users as

possible, crafting the actual language is largely a

mechanistic process of modifying similar language

already found on hundreds of existing pesticide labels

to fit the particular conditions of use for the pesticide.

8.

Under FIFRA, an applicant may seek

what is known as a “me-too” registration for

pesticides where “the pesticide and proposed use are

identical or substantially similar or differ only in

ways that would not significantly increase the risk

ofID1reasonable adverse effects on the environment.”

FIFRA § 3(c)(7)(A). This standard is different from the

standard for registration of an original pesticide in

that it only requires EPA to compare an applicant’s

product to existing pesticides” and determine that the

product is, in fact, a “me-too” version of an existing

product and will not increase the risk of unreasonable

adverse effects to human health and the environment.

The Agency determines that the pesticide meets this

standard by verifying that the composition of the

pesticide product is identical or substantially similar

to the original product or differs only in ways that

would not significantly increase the risk of

unreasonable adverse effects to human health and

the environment. Since the label is the means by

which the Agency regulates the use of the pesticide,

487a

the Agency determines that the proposed use of the

pesticide meets the 3(c)(7)(A) standard by evaluating

the me-too’s proposed label to ensure that it is

identical or substantially similar to the original

product label or differs only in ways that would not

significantly increase the risk of unreasonable

adverse effects to human health and the environment.

Congress passed this provision in 1978 to permit

follow-on registrants to share e market with existing

registrants under the same conditions that are

imposed on existing registrants, based primarily on

the similarity in composition and use of these

pesticides and the assumption that such products

generally would not increase the risk of unreasonable

adverse effects on the environment

9.

In addition, under section 3(c)(3) of

FIFRA, the Agency is required to act expeditiously

(i.e., within 90 days) on an application for a me-too

pesticide that, as proposed, would be identical or

substantially similar in composition and labeling to a

currently registered pesticide identified in the

application, or that would differ only in ways that

would not significantly increase the risk of

unreasonable adverse effects on the environment.

10.

EPA has read sections 3(c)(7)(A) and

3(c)(3) as a congressional endorsement of the use and

approval of labeling that is identical or substantially

similar to labeling found on currently registered

pesticides, and EPA has generally encouraged me-too

applicants to use labeling that is either identical or

substantially similar to the already-EPA-reviewed

and approved use instructions and label warnings

found on currently registered products. Indeed, given

the statutory language in both of these sections. EPA

488a

has generally considered that the FIFRA “me-too”

provisions envision that “me-too” labels will generally

be identical or substantially similar labels and

therefore not require considerable agency resources to

review. If however, me-too applicants are forced to

find alternative means to express the EPA-approved

conditions of use, it would require extensive EPA

resources and time to discern whether the new

language is in fact conveying the same necessary

information to allow for the protection of human

health and the environment. If the label does not

convey the same necessary information. the product

cannot be approved as-a me-too because FIFRA

prohibits the Agency from approving products under

section 3(c)(7)(A) that do not meet the “me-too”

standard found in that section.

11.

Most of the many thousands of me-too

product labels on the market are in large respect

either identical or substantially similar to the labels

used by the original registrants of the pesticide. Thus,

if this court rules that Makhteshim Agan’s label is a

violation of copyright, virtually any me-too label could

be considered a copyright violation. To the extent metoo registrants are prohibited from using language

that is substantially similar to labeling for the

original pesticide, the practical result may be that the

Agency will not be in a position to approve many

products as me-toos because they will not meet the

section 3(c)(7)(A) standard.

12.

I am familiar with the federal court

decision issued last year, entitled FMC Corp. v.

Control Solutions, Inc., and I believe that it ignores

serious. potential impacts on EPA’s pesticide

program. For example, if that decision were followed

489a

by this Court and others, EPA’s pesticide program

likely would be inundated with applications to amend

several hundreds of me-too labels as their registrants

endeavor to avoid potential copyright infringement

claims. In fact, since the FMC decision was issued last

year, my staff has informed me that it has received

several dozen requests to amend labels to avoid

potential copyright infringement actions. These

applications have required. and will continue to

require, the Agency to devote significant resources to

activities that are essentially administrative and do

not enhance environmental protection. EPA is in

essence simply determining whether products that it

has already approved as me-toos can continue to be

registered as me-toos with altered labeling use

instructions. The result is, and will continue to be, a

major diversion of resources away from other

important activities that would protect human health

and the environment.

13.

Moreover, it is difficult to imagine how

many different ways companies might devise to convey

the same information without violating copyright.

When EPA establishes a particular condition of use

for a pesticide to prevent unreasonable adverse effects

to human health and the environment, there are a

very limited number of ways – if there is more than

one - to express this condition on the label. It is hard

to imagine that any of those alternatives ways would

not be at least “substantially similar” to the original

label and thus still potentially subject to copyright

infringement actions. For example, there are over 650

2,4-D products, the majority of which are me-toos. It

is simply not reasonable to expect that each label

would be significantly different from all others to

490a

avoid copyright infringement and yet ensure that

users will not be confused.

14.

There is a real concern that these

copyright infringement actions complicate the

Agency’s ability to ensure protection of human health

and the environment. It is important for pesticides

that are similar and are intended to be used similarly

to have clear and consistent labeling. The label is

essential in ensuring that me- too products are used

in the same manner as the original product.

Conveying application instructions and safety

messages for similar products in different ways

increases the likelihood that the product will be

misused. For example, my staff has informed me that

some companies who have sought amendments of

their labels to avoid copyright infringement claims

have submitted labels in which language that was

mandatory on the original label is paraphrased as

discretionary. While the Agency would not be able to

approve such a change in language under section

3(c)(7)(A), this example highlights the difficulty and

confusion of registrants in trying to meet the FIFRA

me-too standard and avoid potential copyright

infringement actions. Differences in labeling similar

products also diminish the Agency’s ability to enforce

pesticide labeling in a consistent manner and thus

defeats one of the primary purposes of labeling.

I hereby declare and affirm, subject to the

penalties of perjury, that the foregoing statement is

true and correct.

/s/

Lois Rossi

491a

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

GOWAN CO., LLC and

CANYON GROUP, LLC

Plaintiffs,

v.

ACETO AGRICULTURAL

CHEMICALS CORPORATION

Civil Action No.

09-1124

Defendant.

DECLARATION OF DEBRA EDWARDS

I, Debra Edwards, give this Declaration based

on my own personal knowledge or on a review of

information contained in the records of the U.S.

Environmental Protection Agency (“EPA” or

“Agency”) or supplied by current EPA employees

under my supervision.

1.

I currently serve as Director of the Office

of Pesticide Programs (“OPP”) at the EPA, a position

I have held since April 2007. My office is located at

One Potomac Yard, 2777 S. Crystal Drive, Arlington,

VA, 22202. In my position as Director of OPP, I am

responsible for all the activities of that Office.

2.

I confirm that Lois Rossi is currently

still the Director of the Registration Division in OPP,

as she was when she developed her declaration filed

in BASF Agrichemical Products, B.V. et al. v.

Makhteshim Agan of North America Inc., et al., in the

U.S. District Court for the Middle District of North

Carolina (Civil Action No. 06-CV-536). I also confirm

that the views expressed in that declaration continue

492a

to be the views of the Agency. A copy of that

declaration is attached

I hereby declare and affirm, subject to the

penalties of perjury, that the foregoing statement is

true and correct.

June 17, 2009

Date

/s/

Debra Edwards

493a

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF

NORTH CAROLINA

BASF AGROCHEMICAL

PRODUCTS B.V. et al.

Plaintiffs,

v.

MAKHTESHIM AGAN OF

NORTH AMERICA, INC., et al.

Civil Action No.

06-CV-536

Defendants.

DECLARATION OF LOIS ROSSI

I, Lois Rossi, am over 18 years of age, and I am

competent to be a witness in this proceeding. I give

this Declaration based on my own personal knowledge

or on a review of information contained in the records

of the U.S. Environmental Protection Agency (“EPA”

or” Agency”) or supplied by current EPA employees

under my supervision.

1.

I currently serve as Director of the

Registration Division in the Office of Pesticide

Programs (“OPP”) at the EPA, a position I have held

since December 2003. My office is located at One

Potomac Yard, 2777 S. Crystal Drive, Arlington, VA,

22202.

2.

Before serving in my current role, I held

numerous staff and managerial positions in OPP

beginning in 1978, including serving as a Product

Manager in the Registration Division. In both my role

as Registration Division Director and as a Product

Manager, I have overseen and been involved in the

494a

process of approving pesticide product labeling

pursuant to section 3 of the Federal Insecticide,

Fungicide and Rodenticide Act (“FIFRA”). Also, in my

role as a Branch Chief in and Director of the Special

Review and Reregistration Division, I was involved in

generating and reviewing proposed label language for

registered pesticides to mitigate risks identified in the

FIFRA section 4 reregistration process.

3.

A pesticide registration is an EPA

permit that allows registrants to sell and distribute

pesticides in the United States. The requirements for

registering pesticides under FIFRA are found in

section 3 of that Act. Section 3(c)(5) requires the

Agency to determine, among other things, that the

pesticide, when used in accordance with widespread

and commonly recognized practices, will not cause

unreasonable adverse effects to human health and

the environment and that pesticide product labeling

complies with the provisions of FIFRA.

4.

In evaluating pesticide applications, the

Agency requires all registrants to submit, or offer

compensation for, a significant body of toxicity and

exposure data and to submit proposed labeling for

pesticides for which they are seeking registration.

EPA reviews the submitted data and conducts a risk

assessment for each pesticide. EPA then uses that

risk assessment, together with consideration of the

benefits of the pesticide, to determine, consistent with

the FIFRA standard, the appropriate terms and

conditions for registration of that pesticide.

5.

The EPA-approved labeling is an

integral part of the federally approved registration. It

is the primary means through which EPA establishes

and enforces the terms of the registration and

495a

regulates the use of the pesticide. Indeed, it is a

violation of FIFRA to use a registered pesticide in a

manner inconsistent with the EPA-approved labeling.

A pesticide label sets forth the lawful conditions of use

for a pesticide in order to ensure that the pesticide

will not cause unreasonable adverse effects to human

health and the environment. EPA must, therefore,

carefully review product labeling to ensure that the

directions are clear, capable of being followed and

enforceable, and that, when followed, product use will

be consistent with the FIFRA standard.

6.

Many components of the label are

circumscribed by EPA regulations and policy; however,

the majority of conditions for use of a pesticide are

determined by EPA on a pesticide-by-pesticide basis.

This is because of the enormous variety in the nature

of pesticides, their use sites, and the pests they are

designed to control. As part of this process, EPA reviews

the considerable toxicity and exposure data that are

required to be submitted to EPA by all pesticide

registrants. Evaluating these data and determining the

appropriate conditions of use to ensure the pesticide

meets the FIFRA standard requires extensive EPA

review and involvement and results, in most cases, in

significant revisions to the initial proposed label

submitted by an applicant for registration.

7.

Indeed, it is the development of the

pesticide database. the review of that data, the risk

assessment, and the subsequent establishment of the

conditions for use of the pesticide that involve the

most significant use of registrant and Agency

resources. The labeling instructions are simply the

mechanism through which the EPA-approved

conditions of use are expressed. For example, if it is

496a

necessary to ensure that a pesticide does not get into

water because it may kill fish and other aquatic

organisms, the Agency might require that a no-use

buffer zone around lakes, rivers, and streams be

imposed before approving a registration for the

pesticide. It is the determination that a buffer is

needed-and the size of that buffer- that will involve

significant time and effort. Although it is critical that

the label language putting that registration condition

in place be as clear and understandable to users as

possible, crafting the actual language is largely a

mechanistic process of modifying similar language

already found on hundreds of existing pesticide labels

to fit the particular conditions of use for the pesticide.

8.

Under FIFRA, an applicant may seek

what is known as a “me-too” registration for

pesticides where “the pesticide and proposed use are

identical or substantially similar or differ only in

ways that would not significantly increase the risk

ofID1reasonable adverse effects on the environment.”

FIFRA § 3(c)(7)(A). This standard is different from the

standard for registration of an original pesticide in

that it only requires EPA to compare an applicant’s

product to existing pesticides” and determine that the

product is, in fact, a “me-too” version of an existing

product and will not increase the risk of unreasonable

adverse effects to human health and the environment.

The Agency determines that the pesticide meets this

standard by verifying that the composition of the

pesticide product is identical or substantially similar

to the original product or differs only in ways that

would not significantly increase the risk of

unreasonable adverse effects to human health and

the environment. Since the label is the means by

which the Agency regulates the use of the pesticide,

497a

the Agency determines that the proposed use of the

pesticide meets the 3(c)(7)(A) standard by evaluating

the me-too’s proposed label to ensure that it is

identical or substantially similar to the original

product label or differs only in ways that would not

significantly increase the risk of unreasonable

adverse effects to human health and the environment.

Congress passed this provision in 1978 to permit

follow-on registrants to share e market with existing

registrants under the same conditions that are

imposed on existing registrants, based primarily on

the similarity in composition and use of these

pesticides and the assumption that such products

generally would not increase the risk of unreasonable

adverse effects on the environment

9.

In addition, under section 3(c)(3) of

FIFRA, the Agency is required to act expeditiously

(i.e., within 90 days) on an application for a me-too

pesticide that, as proposed, would be identical or

substantially similar in composition and labeling to a

currently registered pesticide identified in the

application, or that would differ only in ways that

would not significantly increase the risk of

unreasonable adverse effects on the environment.

10.

EPA has read sections 3(c)(7)(A) and

3(c)(3) as a congressional endorsement of the use and

approval of labeling that is identical or substantially

similar to labeling found on currently registered

pesticides, and EPA has generally encouraged me-too

applicants to use labeling that is either identical or

substantially similar to the already-EPA-reviewed

and approved use instructions and label warnings

found on currently registered products. Indeed, given

the statutory language in both of these sections. EPA

498a

has generally considered that the FIFRA “me-too”

provisions envision that “me-too” labels will generally

be identical or substantially similar labels and

therefore not require considerable agency resources to

review. If however, me-too applicants are forced to

find alternative means to express the EPA-approved

conditions of use, it would require extensive EPA

resources and time to discern whether the new

language is in fact conveying the same necessary

information to allow for the protection of human

health and the environment. If the label does not

convey the same necessary information. the product

cannot be approved as-a me-too because FIFRA

prohibits the Agency from approving products under

section 3(c)(7)(A) that do not meet the “me-too”

standard found in that section.

11.

Most of the many thousands of me-too

product labels on the market are in large respect

either identical or substantially similar to the labels

used by the original registrants of the pesticide. Thus,

if this court rules that Makhteshim Agan’s label is a

violation of copyright, virtually any me-too label could

be considered a copyright violation. To the extent metoo registrants are prohibited from using language

that is substantially similar to labeling for the

original pesticide, the practical result may be that the

Agency will not be in a position to approve many

products as me-toos because they will not meet the

section 3(c)(7)(A) standard.

12.

I am familiar with the federal court

decision issued last year, entitled FMC Corp. v.

Control Solutions, Inc., and I believe that it ignores

serious. potential impacts on EPA’s pesticide

program. For example, if that decision were followed

499a

by this Court and others, EPA’s pesticide program

likely would be inundated with applications to amend

several hundreds of me-too labels as their registrants

endeavor to avoid potential copyright infringement

claims. In fact, since the FMC decision was issued last

year, my staff has informed me that it has received

several dozen requests to amend labels to avoid

potential copyright infringement actions. These

applications have required. and will continue to

require, the Agency to devote significant resources to

activities that are essentially administrative and do

not enhance environmental protection. EPA is in

essence simply determining whether products that it

has already approved as me-toos can continue to be

registered as me-toos with altered labeling use

instructions. The result is, and will continue to be, a

major diversion of resources away from other

important activities that would protect human health

and the environment.

13.

Moreover, it is difficult to imagine how

many different ways companies might devise to convey

the same information without violating copyright.

When EPA establishes a particular condition of use

for a pesticide to prevent unreasonable adverse effects

to human health and the environment, there are a

very limited number of ways – if there is more than

one - to express this condition on the label. It is hard

to imagine that any of those alternatives ways would

not be at least “substantially similar” to the original

label and thus still potentially subject to copyright

infringement actions. For example, there are over 650

2,4-D products, the majority of which are me-toos. It

is simply not reasonable to expect that each label

would be significantly different from all others to

500a

avoid copyright infringement and yet ensure that

users will not be confused.

14.

There is a real concern that these

copyright infringement actions complicate the

Agency’s ability to ensure protection of human health

and the environment. It is important for pesticides

that are similar and are intended to be used similarly

to have clear and consistent labeling. The label is

essential in ensuring that me- too products are used

in the same manner as the original product.

Conveying application instructions and safety

messages for similar products in different ways

increases the likelihood that the product will be

misused. For example, my staff has informed me that

some companies who have sought amendments of

their labels to avoid copyright infringement claims

have submitted labels in which language that was

mandatory on the original label is paraphrased as

discretionary. While the Agency would not be able to

approve such a change in language under section

3(c)(7)(A), this example highlights the difficulty and

confusion of registrants in trying to meet the FIFRA

me-too standard and avoid potential copyright

infringement actions. Differences in labeling similar

products also diminish the Agency’s ability to enforce

pesticide labeling in a consistent manner and thus

defeats one of the primary purposes of labeling.

I hereby declare and affirm, subject to the

penalties of perjury, that the foregoing statement is

true and correct.

/s/

Lois Rossi

501a

GROUP 11 FUNGICIDE

Willowood Azoxystrobin 2.08SC

Broad spectrum fungicide for control of plant

diseases and for control of listed post-harvest

diseases in banana and citrus and control of listed

diseases on labeled turf sites.

ACTIVE INGREDIENT:

Azoxystrobin: methyl (E)-2-{2-[6-(2cyanophenoxy)pyrimidin-4-yloxy]phenyl}-3methoxyacrylate*................................................ 22.9%

OTHER INGREDIENTS: ................................ 77.1%

TOTAL:............................................................. 100.0%

Contains 2.08 lb. a.i. of active ingredient per gallon.

*IUPAC

KEEP OUT OF REACH OF CHILDREN

CAUTION

FIRST AID

If swallowed:

• Call a poison control center or

doctor immediately for treatment

advice.

• Have person sip a glass of water

if able to swallow.

• Do not induce vomiting unless

told to do so by a poison control

center or doctor.

• Do not give anything by mouth to

an unconscious person.

502a

If

skin

clothing:

or • Take off contaminated clothing.

• Rinse skin immediately with

plenty of water for 15-20 minutes.

• Call a poison control center or

doctor for treatment advice.

HOT LINE NUMBER

Have the product container or label with you when

calling a poison control center or doctor, or going for

treatment. For emergency information concerning

this product, call the National Pesticides Information

Center (NPIC) at 1-800-858-7378 seven days a week,

6:30am to 4:30pm Pacific Time or your poison control

center at 1-800-222-1222.

PRECAUTIONARY STATEMENTS

HAZARDS TO HUMANS AND

DOMESTIC ANIMALS

CAUTION

Harmful if swallowed. Harmful if absorbed through

skin. Avoid contact with skin, eyes or clothing.

EPA Reg. No. 87290-xx

Manufactured for:

Willowood, LLC

1600 NW Garden Valley Blvd. #120

Roseburg, OR 97471

EPA Est. No.

Net Contents:

PERSONAL PROTECTIVE EQUIPMENT (PPE)

Some materials that are chemically resistant to this

product are listed below. If you want more options,

follow the instructions for category A on an EPA

chemical resistance category selection chart.

503a

Applicators and other handlers must wear:

• Long-sleeved shirt and long pants

• Chemical-resistant gloves made of any

waterproof material such as polyvinyl chloride,

nitrile rubber or butyl rubber

• Shoes plus socks

USER SAFETY REQUIREMENTS

Follow the manufacturer’s instructions for cleaning/

maintaining PPE. If no such instructions for

washables exist, use detergent and hot water. Keep

and wash PPE separately from other laundry.

ENGINEERING CONTROLS

When handlers use closed systems, enclosed cabs, or

aircraft in a manner that meets the requirements

listed in the Worker Protection Standard (WPS) for

agricultural pesticides (40 CFR 170.240 (d) (4-6)), the

handler PPE requirements may be reduced or

modified as specified in the WPS.

IMPORTANT: When reduced PPE is worn because a

closed system is being used, handlers must be

provided all PPE specified above for “applicators and

other handlers” and have such PPE immediately

available for use in an emergency, such as a spill or

equipment breakdown.

USER SAFETY RECOMMENDATIONS

Users should:

• Wash hands before eating, drinking, chewing

gum, using tobacco or using the toilet. Wash

thoroughly with soap and water after handling.

504a

• Remove clothing/PPE immediately if pesticide

gets inside. Then wash thoroughly and put on

clean clothing.

• Remove PPE immediately after handling this

product. Wash the outside of gloves before

removing. As soon as possible, wash thoroughly

and change into clean clothing.

ENVIRONMENTAL HAZARDS

The active ingredient, azoxystrobin, in this product

can be persistent for several months or longer.

Azoxystrobin has degradation products which have

properties similar to chemicals which are known to

leach through soil to ground water under certain

conditions as a result of agricultural use. Use of this

chemical in areas where soils are permeable,

particularly where the water table is shallow may

result in ground water contamination.

This pesticide is toxic to freshwater and

estuarine/marine fish and aquatic invertebrates. Do

not apply directly to water except as specified on this

label. For terrestrial uses, do not apply directly to

water or to areas where surface water is present or to

intertidal areas below the mean high watermark.

Drift and runoff may be hazardous to aquatic

organisms in neighboring areas. Do not contaminate

water when disposing of equipment washwater or

rinsate.

Notify State and/or Federal authorities and

Willowood, LLC immediately if you observe any

adverse environmental effects due to use of this

product.

505a

DIRECTIONS FOR USE

It is a violation of Federal Law to use this product in

a manner inconsistent with its labeling. Failure to

follow the use directions and precautions on this label

may result in plant injury or poor disease control.

Use of this product through airblast application

equipment on grapes is prohibited in the following

townships and boroughs of Erie County,

Pennsylvania:

North East, Harborcreek, Lawrence Park, Erie,

Presque Isle, Millcreek, Fairview, Girard and

Springfield

This prohibition is intended to help eliminate

phytotoxicity problems with apples observed in this

geographic location.

FAILURE TO FOLLOW THE USE DIRECTIONS

AND PRECAUTIONS ON THIS LABEL MAY

RESULT IN PLANT INJURY OR POOR

DISEASE CONTROL.

Do not apply this product in a way that will contact

workers or other persons, either directly or through

drift. Only protected handlers may be in the area

during application. For any requirements specific to

your State or Tribe, consult the agency responsible for

pesticide regulation.

AGRICULTURAL USES

Commercial turf farm use (Not for use in California).

AGRICULTURAL USE REQUIREMENTS

Use this product only in accordance with its labeling

and with the Worker Protection Standard, 40 CFR

506a

part 170. This Standard contains requirements for

the protection of agricultural workers on farms,

forests, nurseries, and greenhouses, and handlers

of agricultural pesticides. It contains requirements

for training, decontamination, notification, and

emergency assistance. It also contains specific

instructions and exceptions pertaining to the

statements on this label about personal protective

equipment (PPE) and restricted-entry interval. The

requirements in this box only apply to uses of this

product that are covered by the Worker Protection

Standard.

Do not enter or allow worker entry into treated areas

during the restricted entry interval (REI) of 4 hours.

PPE required for early entry to treated areas that is

permitted under the Worker Protection Standard and

that involves contact with anything that has been

treated, such as plants, soil, or water, is:

• Coveralls

• Chemical-resistant gloves made of any waterproof

material such as polyvinyl chloride, nitrile rubber

or butyl rubber

• Shoes plus socks

NON-AGRICULTURAL USES

Golf Courses (Not for use in California).

For use to control diseased on turf on golf courses,

lawns and landscape areas around residential,

institutional, public, commercial and industrial

buildings, parks, recreational areas and athletic

fields.

507a

NON-AGRICULTURAL USE REQUIREMENTS

The requirements in this box apply to uses of this

product that are NOT within the scope of the Worker

Protection Standard for agricultural pesticides (40

CFR Part 170). The WPS applies when this product

used to produce agricultural plants on farms, forests,

nurseries, or greenhouses. The area being treated

must be vacated by unprotected persons. ·

Do not treat areas while unprotected humans or

domestic animals are present in the treatment areas.

Because certain states may require more restrictive

reentry intervals, consult your State Department of

Agriculture for further information.

Do not allow entry into treatment area until area that

was treated with this product is dry.

PRODUCT INFORMATION

Willowood Azoxystrobin 2.08SC is a broad spectrum,

preventative fungicide with systemic and curative

properties recommended for the control of many

important plant diseases. Willowood Azoxystrobin

2.08SC may be applied as a foliar spray in alternating

spray programs or in tank mixes with other registered

crop protection products. All applications must be

made according to the use directions that follow.

RESTRICTIONS

Do not graze or feed clippings from treated turf areas

to animals.

Do not use for disease control in food crops grown in

greenhouses. Use for disease control in greenhouses

for non-agricultural uses on grass, turf or ornamental

plants (listed on this label) are permitted.

508a

DO NOT spray Willowood Azoxystrobin 2.08SC

where spray drift may reach apple trees.

DO NOT spray when conditions favor drift beyond

area intended for application. Conditions which may

contribute to drift include thermal inversion, wind

speed and direction, sprayer nozzle/pressure

combinations, spray droplet size, etc. Contact your

State extension agent for spray drift prevention

guidelines in your area.

DO NOT use spray equipment which has been

previously used to apply Willowood Azoxystrobin

2.08SC to spray apple trees. Even trace amounts can

cause unacceptable phytotoxicity to certain apple and

crabapple varieties.

PRECAUTIONS

Willowood Azoxystrobin 2.08SC

phytotoxic to certain apple varieties.

is

extremely

AVOID SPRAY DRIFT. Extreme care must be used to

prevent injury to apple trees (and apple fruit).

AVOIDING

SPRAY

DRIFT

IS

RESPONSIBILITY OF THE APPLICATOR.

THE

Willowood Azoxystrobin 2.08SC may demonstrate

some phytotoxic effects when mixed with products

that are formulated as EC’s. These effects are

enhanced if applications are made under cool, cloudy

conditions and these conditions remain for several

days following application. In addition, adjuvants

that contain some form of silicone have also

contributed to phytotoxicity.

509a

USE INSTRUCTIONS

Application: Thorough coverage is necessary to

provide good disease control. Make no more spray

solution than is needed for application. Avoid spray

overlap, as crop injury may occur.

Adjuvants: When an adjuvant is to be used with this

product, the use of an adjuvant that meets the

standards of the Chemical Producers and Distributors

Association (CPDA) adjuvant certification is

recommended.

Efficacy: Under certain conditions conducive to

extended infection periods, use another registered

fungicide for additional applications if maximum

amount of Willowood Azoxystrobin 2.08SC has been

used. If resistant isolates to Group 11 fungicides are

present, efficacy can be reduced for certain diseases.

The higher rates in the rate range and/or shorter

spray intervals may be required under certain

conditions of heavy infection pressure, with highly

susceptible varieties, or when environmental

conditions are conducive to disease.

INTEGRATED PEST (DISEASE)

MANAGEMENT

Willowood Azoxystrobin 2.08SC should be integrated

into an overall disease and pest management strategy

whenever the use of a fungicide is required. Cultural

practices known to reduce disease development

should be followed. This should include selection of

varieties with disease tolerance, removal of plant

debris in which inoculums overwinters, and proper

timing and placement of irrigation. Consult your

local agricultural authorities for additional IPM

strategies established for your area. Willowood

510a

Azoxystrobin 2.08SC may be used in State

Agricultural Extension advisory (disease forecasting)

programs which recommend application timing based

on environmental factors favorable for disease

development.

Crop Tolerance: Plant tolerance has been found to

be acceptable for all crops on the label, however, not

all possible tank-mix combinations have been tested

under all conditions. When possible, it is

recommended to test the combinations on a small

portion of the crop to ensure that a phytotoxic

response will not occur as a result of application. See

the PRECAUTIONS section for apple phytotoxicity

information.

RESISTANCE MANAGEMENT

GROUP 11 FUNGICIDE

Willowood Azoxystrobin 2.08SC (azoxystrobin) is a

Group 11 fungicide. The mode of action for Willowood

Azoxystrobin 2.08SC is the inhibition of the Qol

(quinone outside) site within the electron transport

system [Group 11]. Fungal pathogens can develop

resistance to products with the same mode of action

when used repeatedly. Because resistance develop

cannot be predicted, use of this product should

conform to resistance management strategies

established for the crop and use area. Consult your

local or State agricultural authorities for resistance

management strategies that are complementary to

those in this label. Resistance management strategies

may include alternating and/or tank-mixing with

products having different modes of action or limiting

the total number of applications per season. Syngenta

encourages responsible resistance management to

511a

ensure effective long-term control of the fungal

diseases on this label.

Follow the crop specific resistance management

recommendations in the directions for use. If no

resistance

recommendation

on

number

of

applications is specified in the directions for use,

follow the recommendations in the table below.

If planned total

1 2 3 4 5 6 7 8 9 10 11 12

number of

fungicide

applications per

crop is:

Recommended

1 1 2 2 2 2 2 3 3 3 3 4

Solo Qol fungicide

sprays

Recommended Qol

1 2 2 2 2 3 3 4 4 5 5 6

fungicide sprays

in mixture (tankmix formulation)

In situations requiring multiple sprays, develop

season long spray programs for Group 11 (Qol)

fungicides. In crops where two sequential Group 11

fungicide applications are made, they should be

alternated with two or more applications of a

fungicide that is not ·in Group 11. If more than 12

applications are made, observe the following

guidelines:

• When using Qol fungicide as a solo product, the

number of applications must be no more than

1/3 (33%) of the total number of fungicide

applications per season.

• For Qol mixes in programs in which tank mixes

or pre mixes of Qol with mixing partners of a

512a

different mode of action are utilized, the

number of Qol containing applications must be

no more than Y. (50%) of the total number of

fungicide applications per season.

• In programs in which applications of Qol are

made with both solo products and mixtures, the

number of Qol containing applications must be

no more than Y. (50%) of the total number of

fungicide applications per season.

If Group 11 fungicide is applied to the seed or soil, do

not make another application with a Group 11

fungicide for at least 3 weeks.

Rotational Crop Restrictions

The following crops may be planted at the specified

interval following application of this product.

Crop Rotational Interval

Buckwheat, millet

All other crops with Azoxystrobin

registered uses

Plant Back

Interval

12 months

0 days

SOILBORNE/SEEDLING DISEASE CONTROL

For those crops that have specific use directions for

soilborne disease control: Willowood Azoxystrobin

2.08SC can provide control of many soilborne diseases

if applied early in the growing season. Specific

applications for soilborne diseases include in-furrow

applications and banded applications applied over the

row, either shortly after plant emergence or during

herbicide applications or cultivation. These

applications will provide control of pre- or

513a

postemergence damping off and diseases that infect

plants at the soil-plant interface.

The use of either type of application depends on the

cultural practices in the region. In some locations, one

type of application may provide better disease control

that the other, depending on the timing of the disease

epidemic. Seedling diseases are generally controlled

by in-furrow applications while banded applications

are more effective against soilborne diseases that

develop later in the season. Consult your local expert

to get some guidance regarding application type.

Under cool, wet conditions, crop injury from soil

directed applications can occur.

BANDED

• Apply Willowood Azoxystrobin 2.08SC prior to

infection as a directed spray to the soil, using

single or multiple nozzles, adjusted to provide

thorough coverage of the lower stems and the

soil surface surrounding the plants.

• Band width should be limited to 7 inches or

less.

• Apply Willowood Azoxystrobin 2.08SC at a rate

of 0.40-0.80 fl. oz. product (0.10-0.20 oz.

a.i.)/1000 row feet. For banded applications on

22-inch rows, the maximum application rate is

0. 70 fl. oz./1000 row feet.

• These applications come into contact with the

foliage and are counted as foliar applications

when considering resistance management.

• They may be applied during cultivation or

hilling operations to provide soil incorporation.

514a

IN-FURROW

• Apply Willowood Azoxystrobin 2.08SC as an infurrow spray in 3-15 gallons of water at

planting.

• Mount the spray nozzle so the spray is directed

into the furrow just before the seeds are

covered.

• Use the higher rate when the weather

conditions are expected to be conducive for

disease development, if the field has a history

of Pythium problems, or if minimum/low till

programs are in place.

IN-FURROW APPLICATION RATES

RATE

PER 1000

ROW

FEET

PRODUCT PER ACRE (fl. oz.)

Fl.

oz.

prod- Oz. 22” 30” 32” 34” 36” 38” 40”

uct a.i. Rows Rows Rows Rows Rows Rows Rows

0.40 0.10 9.5

7.0

6.5

6.1

5.8

5.5

5.2

0.60 0.15 14.3 10.5 9.8

9.2

8.7

8.3

7.8

0.80 0.20 19.0 14.0 13.0 12.2 11.6 11.0 10.4

22” = 23,760 row ft., 30” = 17,424 row ft., 32” = 16,315

row ft., 34” = 15,374 row ft., 36” = 4,520 row ft., 38” =

13,754 row ft., and 40” = 13,068 row ft./Acre

DRIP

Refer to the Application Instructions Through

Irrigation System section.

515a

SPRAY DRIFT MANAGEMENT

To avoid spray drift, do not apply when conditions

favor drift beyond the target area. The interaction of

many equipment and weather related factors

determine the potential for spray drift. AVOIDING

SPRAY DRIFT AT THE APPLICATION SITE IS

THE RESPONSIBILITY OF THE APPLICATOR

AND THE GROWER.

ATTENTION

Willowood Azoxystrobin 2.08SC

phytotoxic to certain apple varieties.

is

extremely

AVOID SPRAY DRIFT. Extreme care must be used to

prevent injury to apple trees (and apple fruit).

DO NOT spray Willowood Azoxystrobin 2.08SC

where spray drift may reach apple trees.

DO NOT spray when conditions favor drift beyond

area intended for application. Conditions which may

contribute to drift include thermal inversion, wind

speed and direction, sprayer nozzle/pressure

combinations, spray droplet size, etc. Contact your

State extension agent for spray drift prevention

guidelines in your area.

DO NOT use spray equipment which has been

previously used to apply Willowood Azoxystrobin

2.08SC to spray apple trees. Even trace amounts can

cause unacceptable phytotoxicity to certain apple and

crabapple varieties.

AVOIDING

SPRAY

DRIFT

IS

RESPONSIBILITY OF THE APPICATOR.

THE

Do not apply when weather conditions favor drift from

treated areas to non-target aquatic habitat.

516a

MIXING AND APPLICATION METHODS

Spray Equipment

Willowood Azoxystrobin 2.08SC may be applied with

all types of spray equipment commonly used for

making ground and aerial applications. Proper

adjustments and calibration of spraying equipment to

give good canopy penetration and coverage is

essential for good disease control.

Nozzles

• Equip sprayers with nozzles that provide

accurate and uniform application.

• Nozzles should be the same size and uniformly

spaced across the boom.

• Calibrate sprayer before use.

• It is suggested that screens be used to protect

the pump and to prevent nozzles from clogging.

• Screens placed on the suction side of the pump

should be 16-mesh or coarser.

• Do not place a screen in the recirculation line.

• Use 50-mesh or coarser screens between the

pump and boom, and where required, at the

nozzles.

• Check nozzle manufacturer’s recommendations.

Pump

• Use a pump with capacity to:

(1) Maintain 35-40 psi at nozzles

517a

(2) Provide sufficient agitation in tank to keep

mixture in suspension – this requires

recirculation of 10% of tank volume per minute.

• Use a jet agitator or liquid sparge tube for

agitation.

• Do not air sparge.

For more information on spray equipment and

calibration, consult sprayer manufacturers and state

recommendations. For specific local directions and

spray schedules, consult the current state

agricultural recommendations.

Mixing Instructions

• Willowood

Azoxystrobin

2.08SC

is

suspension concentrate (SC) formulation.

a

• Prepare no more spray mixture than is

required for the immediate operation.

• Thoroughly clean spray equipment before

using this product.

• Agitate the spray solution before and during

application.

• Rinse spray tank thoroughly with clean water

after each day’s use and dispose of pesticide

rinsate by application to an already treated

area.

Willowood Azoxystrobin 2.08SC Alone (No Tank

Mix)

• Add 1/2-2/3 of the required amount of water to

the spray or mixing tank.

• With the agitator running, add Willowood

Azoxystrobin 2.08SC to the tank.

518a

• Continue agitation while adding the remainder

of the water.

• Begin application of the spray solution after

Willowood Azoxystrobin 2.08SC has completely

dispersed into the mix water.

• Maintain agitation until all of the mixture has

been sprayed.

Willowood Azoxystrobin 2.08SC + Tank

Mixtures: Willowood Azoxystrobin 2.08SC is usually

compatible with all tank-mix partners listed on this

label. To determine the physical compatibility of

Willowood Azoxystrobin 2.08SC with other products,

use a jar test. Using a quart jar, add the proportionate

amounts of the products to 1 qt. of water. Add

wettable powders and water dispersible granular

products first, then liquid flowables, and emulsifiable

concentrates last. After thoroughly mixing, let stand

for at least 5 minutes. If the combination remains

mixed or can be remixed readily, it is physically

compatible. Once compatibility has been proven, use

the same procedure for adding required ingredients to

the spray tank.

Willowood Azoxystrobin 2.08SC has demonstrated

some phytotoxic effects when mixed with products

that are formulated as emulsifiable concentrates

(EC). These effects are enhanced if applications are

made under cool, cloudy conditions and these

conditions remain for several days following

application. In addition, adjuvants that contain some

form of silicone have also contributed to phytotoxicity.

Mixing in the Spray Tank

• Add 1/2- 2/3 of the required amount of water to

the spray or mixing tank.

519a

• With the agitator running, add the tank-mix

partner(s) into the tank in the same order as

described above.

• Allow the material to completely dissolve and

disperse into the mix water. Continue agitation

while adding the remainder of the water and

Willowood Azoxystrobin 2.08SC to the spray

tank.

• Allow Willowood Azoxystrobin 2.08SC to

completely disperse.

• Spray the mixture with the agitator running.

APPLICATION INSTRUCTIONS THROUGH

IRRIGATION SYSTEMS (CHEMIGATION)

Application

Through

(Chemigation)

Irrigation

Systems

• Use only on crops for which chemigation is

specified on this label.

• Apply this product only through center pivot,

solid set, hand move, or moving wheel

irrigation systems. Do not apply this product

through any other type of irrigation system.

• Crop injury, lack of effectiveness, or illegal

pesticide residues in the crop can result from

nonuniform distribution of treated water.

• Apply in 0.1-0.25 inches/acre. Excessive water

may reduce efficacy.

• If you have questions about calibration, you

should contact State Extension Service

specialists, equipment manufacturers, or other

experts.

520a

• Do not connect an irrigation system (including

greenhouse systems) used for pesticide

application to a public water system, unless the

pesticide label-prescribed safety devices for

public water systems are in place.

• A person knowledgeable of the chemigation

system and responsible for its operation, or

under the supervision of the responsible

person, shall shut the system down and make

necessary adjustments should the need arise.

Spray Preparation: Chemical tank and injector

system should be thoroughly cleaned. Flush system

with clean water.

Drip Irrigation: Willowood Azoxystrobin 2.08SC

may be applied through drip irrigation systems for

soilborne disease control. The soil should have

adequate moisture capacity prior to drip application.

Terminate drip irrigation at fungicide depletion from

the main feed supply tank or after 6 hours from start,

whichever is shorter. For maximum efficacy,

subsequent irrigation (water only) should be delayed

for at least 24 hours following drip application.

Sprinkler Irrigation

• Apply this product through sprinkler irrigation

systems including center pivot, lateral move,

end tow, side [wheel] roll, traveler, big gun,

solid set, or hand move irrigation systems.

• Do not apply this product through any other

type of irrigation system except as specified on

this label.

521a

• Apply with center pivot or continuous-move

equipment distributing Y, acre-inch or less

during treatment.

• In general, use the least amount of water

required for proper distribution and coverage.

• If stationary systems (solid set, handlines or

wheel lines other than continuous-move) are

used, this product should be injected into no

more than the last 20-30 minutes of the set.

• Do not apply when winds are greater than 1015 mph to avoid drift or wind skips.

• Do not apply when wind speed favors drift

beyond the area intended for treatment.

• Plant injury, lack of effectiveness, or illegal

pesticide residues in the crop can result from

nonuniform treated water.

• Thorough coverage of foliage is required for

good control.

• Good agitation should be maintained during

the entire application period.

If you have questions about calibration you should

contact State Extension Service specialist, equipment

manufacturers or other experts.

Operating Instructions

1) Do not apply when wind speed favors drift

beyond the area intended for treatment.

2) The system must contain a functional check

valve, vacuum relief valve, and low pressure

drain appropriately located on the irrigation

522a

pipeline to prevent water-source contamination

from backflow.

3) The pesticide injection pipeline must contain a

functional, automatic, quick-closing check

valve to prevent the flow of fluid back toward

the injection pump.

4) The pesticide injection pipeline must also

contain a functional, normally closed solenoidoperated valve located on the intake side of the

injection pump and connected to the system

interlock to prevent fluid from being

withdrawn from the supply tank when the

irrigation system is either automatically or

manually shut down.

5) The

system

must

contain

functional

interlocking controls to automatically shut off

the pesticide injection pump when the water

pump motor stops.

6) The irrigation line or water pump must include

a functional pressure switch which will stop

the water pump motor when the water

pressure decreases to the point where pesticide

distribution is adversely affected.

7) Systems must use a metering pump, such as a

positive displacement injection pump (e.g.,

diaphragm pump) effectively designed and

constructed of materials that are compatible

with pesticides and capable of being fitted with

a system interlock.

8) Allow sufficient time for pesticide to be flushed

through all lines and all nozzles before turning

off irrigation water. A person knowledgeable of

the chemigation system and responsible for its

523a

operation, or under the supervision of the

responsible person, shall shut the system down

and make necessary adjustments should the

need arise.

9) Do not connect an irrigation system (including

greenhouse systems) used for pesticide

application to a public water system unless the

pesticide label-prescribed safety devices for

public water systems are in place.

Center Pivot Irrigation Equipment

Notes: (1) Use only with drive systems which provide

uniform water distribution. (2) Do not use end guns

when chemigating Willowood Azoxystrobin 2.08SC

through center pivot systems because of nonuniform

application.

• Determine the size of the area to be treated.

• Determine the time required to apply 1/8-1/2

inch of water over the area to be treated when

the system and injection equipment are

operated at normal pressures as specified by

the equipment manufacturer. When applying

Willowood Azoxystrobin 2.08SC through

irrigation equipment, use the lowest obtainable

water volume while maintaining uniform

distribution. Run the system at 80-95% of the

manufacturer’s rated capacity.

• Using water, determine the injection pump

output when operated at normal line pressure.

• Determine the amount of Willowood

Azoxystrobin 2.08SC required to treat the area

covered by the irrigation system.

524a

• Add the required amount of Willowood

Azoxystrobin 2.08SC and sufficient water to

meet the injection time requirements to the

solution tank.

• Make sure the system is fully charged with

water before starting injection of the Willowood

Azoxystrobin 2.08SC solution. Time the

injection to last at least as long as it takes to

bring the system to full pressure.

• Maintain constant solution tank agitation

during the injection period.

• Continue to operate the system until the

Willowood Azoxystrobin 2.08SC solution has

cleared the sprinkler head.

Solid Set, Hand Move, and Moving Wheel

Irrigation Equipment

• Determine

sprinklers.

the

acreage

covered

by

the

• Fill injector solution tank with water and

adjust flow rate to use the contents over a 20 to

30-minute interval. When applying Willowood

Azoxystrobin 2.08SC through irrigation

equipment use the lowest obtainable water

volume

while

maintaining

uniform

distribution.

• Determine

the

amount

ofWillowood

Azoxystrobin 2.08SC required to treat the area

covered by the irrigation system.

• Add the required amount of Willowood

Azoxystrobin 2.08SC into the same quantity of

water used to calibrate the injection period.

525a

• Operate the system at the same pressure and

time interval

established during

the

calibration.

• Stop injection equipment after treatment is

completed. Continue to operate the system

until the Willowood Azoxystrobin 2.08SC

solution has cleared the last sprinkler head.

Specific Instructions for Public Water Systems

1. Public water system means a system for the

provision to the public of piped water for

human consumption if such system has at least

15 service connections or regularly serves an

average of at least 25 individuals daily at least

60 days out of the year.

2. Chemigation systems connected to public

water systems must contain a functional

reduced-pressure zone, back-flow preventer

(RPZ) or the functional equivalent in the water

supply line upstream from the point of

pesticide introduction. As an option to the RPZ,

the water from the public water system should

be discharged into a reservoir tank prior to

pesticide introduction. There shall be a

complete physical break (air gap) between the

outlet end of the fill pipe and the top or

overflow rim of the reservoir tank of at least

twice the inside diameter of the fill pipe.

3. The pesticide injection pipeline must contain a

functional, automatic, quick-closing check

valve to prevent the flow of fluid back toward

the injection pump.

526a

4. The pesticide injection pipeline must contain a

functional, normally closed, solenoid-operated

valve located on the intake side of the injection

pump and connected to the system interlock to

prevent fluid from being withdrawn from the

supply tank when the irrigation system is

either automatically or manually shut down.

5. The

system

must

contain

functional

interlocking controls to automatically shut off

the pesticide injection pump when the water

pump motor stops, or in cases where there is no

water pump, when the water pressure

decreases to the point where pesticide

distribution is adversely affected.

6. Systems must use a metering pump, such as a

positive displacement injection pump (e.g.,

diaphragm pump) effectively designed and

constructed of materials that are compatible

with pesticides and capable of being fitted with

a system interlock.

7. Do not apply when wind speed favors drift

beyond the area intended for treatment.

USE INSTRUCTIONS

Crop

Alfalfa

(See

Nongrass

Animal

Feeds

Forage,

Target

Diseases

Use Rate

fl. oz.

product/A

(lb. a.i./A) Remarks

527a

Fodder,

Straw

and Hay)

Almonds Alternaria Leaf 6.0-15.5 Willowood

and Fruit Spot (0.10-0.25) Azoxystrobin

2.08SC

(Alternaria

alternata)

applications

Anthracnose

should begin

prior to

(Colletotrichum

acutatum) Leaf

disease and

continue

Blight

throughout

(Seimatosporium

the season

lichenicola) Leaf

Rust

following the

resistance

(Tranzschelia

discolor) Scab

management

Cladosporium

guidelines.

carpophilum)

Applications

may be made

Shot Hole

by ground,

(Wilsonomyces

air or

carpophilus)

Brown Rot

12.0-15.5 chemigation.

Blossom Blight (0.20-0.25) For aerial

applications

(Monilinia laxa,

apply in a

M fructicola)

minimum of

15 GPA.

Thorough

and uniform

coverage is

essential for

disease

control.

Reduced

efficacy has

528a

been

observed

when

uniform

coverage

cannot be

obtained.

Willowood

Azoxystrobin

2.08SC may

be applied by

air only at

growth

stages prior

to and

including 5

weeks after

petal fall. An

adjuvant

may be

added at

specified

rates.

Anthracnose,

scab and

shot hole:

Begin

applications

prior to

disease

development

and continue

at 7- to 14day intervals

529a

throughout

the season.

Blossom

blight: Begin

applications

at early

bloom and

continue

through

petal fall.

Do not apply

more than

two

sequential

applications

of Willowood

Azoxystrobin

2.08SC or

other Group

11 fungicides

before

alternation

with a

fungicide

that is not in

Group 11.

Specific Use Restrictions:

1) Do not apply more than 92.3 fl. oz. of

product/A/season.

2) Do not apply more than 1.5 lb. a.i./Aiseason of

azoxystrobin-containing products.

3) Do not apply within 28 days of harvest (28-day

PHI).

530a

Use Rate

fl. oz.

Target product/A

Diseases (lb. a.i./A)

Crop

Remarks

Artichoke, Ramularia 11.0-15.5 Begin

Globe

Leaf Spot (0.18-0.25) applications

(Ramularia

prior to or in the

cynarae)

early stages of

disease

development

and continue as

needed

throughout the

season at a 2-3

week interval,

up to and

including the

day of harvest.

Do not apply at

less than 7-day

intervals.

Applications

may be made by

ground, air or

chemigation. For

ground

applications,

apply in 50-200

gallons of water

per acre to

obtain coverage

without

excessive runoff.

For aerial

applications,

531a

apply in a

minimum of 5

gallons of water

per acre. An

adjuvant may be

added at

specified rates.

Do not apply

more than one

application of

Willowood

Azoxystrobin

2.08SC or other

Group 11

fungicides before

alternation with

a fungicide that is

not in Group 11.

Specific Use Restrictions:

1) Do not apply more than 92.3 fl. oz. of product!

A/season.

2) Do not apply more than 1.5 lb. a. i./A/season of

azoxystrobin-containing products.

3) Willowood Azoxystrobin 2.08SC may be

applied the day of harvest (0-day PHI).

Use Rate

fl. oz.

product/A

Target

(lb. a.i./A) Remarks

Crop

Diseases

Asparagus Stemphyllium 6.0-15.5 Willowood

Purple Spot

(0.1 0-0.25) Azoxystrobin

(Stemphyllium

2.08SC

vesicarium)

applications

should begin

532a

prior to

disease

development

and continue

throughout

the season

on a 7- to 14day

schedule,

following the

resistance

management

guidelines.

Applications

may be made

by ground,

air or

chemigation.

An adjuvant

may be

added at

specified

rates. Use a

minimum of

10 gallons of

water per

acre by air.

An adjuvant

may be

added at

specified

rates.

Do not apply

more than

one

533a

application

of Willowood

Azoxystrobin

2.08SC or

other Group

11 fungicides

before

alternation

with a

fungicide

that is not in

Group 11.

Specific Use Restrictions:

1) Do not apply more than 92.3 fl. oz. of

product/A/season.

2) Do not apply more than 1.5 lb. a. i./A/season of

azoxystrobin-containing products.

3) Do not apply within 100 days of harvest (100day PHI).

Use Rate

fl. oz.

Target

product/A

(lb. a.i./A) Remarks

Crop

Diseases

Bananas Black Sigatoka

5.5-8.5 Willowood

Plantains (Mycosphaerella

Azoxystrobin

(0.09fijiensis)

0.135) 2.08SC

Yellow Sigatoka

applications

(Mycosphaerella

should begin

musicola)

prior to

disease

development

and continue

throughout

the season

534a

every 12-14

days

following the

resistance

management

guidelines.

Applications

may be

made by

ground, air

or

chemigation.

An adjuvant

may be

added at

specified

rates.

Do not apply

more than

two

sequential

applications

of Willowood

Azoxystrobin

2.08SC or

other Group

11

fungicides

before

alternations

with a

fungicide

that is not in

Group 11.

535a

Specific Use Restrictions:

1) Do not apply more than 66.4 fl. oz. of

product/A/season.

2) Do not apply more than 1.08 lb. a.i./A/season of

azoxystrobin-containing products.

3) Willowood Azoxystrobin 2.08SC may

applied the day of harvest (0-day PHI).

be

Use Rate

fl. oz.

product/A

Target

(lb. a.i./A)

Crop

Diseases

Remarks

Cereals Kernel Blight

6.0-12.0 Willowood

(0.10-0.20) Azoxystrobin

Barley (Alternaria

spp.)

2.08SC should

Oats

Leaf Rust

be applied prior

Rye

(Puccinia

to disease

hordel)

development.

Barley Stripe 9.0-12.0 Protecting the

(Drechslera

(0.15-0.20) flag leaf is

important for

graminea

=

maximizing

Pyrenophora

disease control.

graminea) Net

For best

Blotch

results,

(Pyrenophora

sufficient water

teres)

volume must be

Powdery

12.0

used to provide

Mildew

(0.20)

thorough

(Erysiphe

coverage.

graminis f. sp.

Willowood

Hordei)

Azoxystrobin

Stagonospora

2.08SC can be

Blotch

applied by

(Stagonospora

ground, air or

nodorum)

536a

chemigation. A

crop oil

concentrate

adjuvant may

be added at 1%

v/v to optimize

efficacy. For

chemigation,

apply in 0.10.25 inches/A of

water.

Chemigation

with excessive

water may lead

to a decrease in

efficacy.

Do not apply

more than two

sequential

applications of

Willowood

Azoxystrobin

2.08SC or other

Group 11

fungicides

before

alternation

with a fungicide

that is not in

Group 11. Do

not make more

than two (2)

applications of

Willowood

Azoxystrob·m

537a

2.08SC or other

Group 11

fungicide per

season.

Specific Use Restrictions:

1) Do not apply after Feekes 10.54.

2) Do not apply more than 0.40 lb. a.i./A/season

of azoxystrobin-containing products.

3) Do not apply within 7 days of grazing or

harvest (7-day PHI) for forage and hay.

Use Rate

fl. oz.

Target

product/A

(lb. a.i./A) Remarks

Crop

Diseases

Berries

Alternaria

6.0-15.5 Willowood

Bushberry Fruit Rot

(0.1 0- Azoxystrobin

Subgroup (Alternaria

0.25)

2.08SC

13-07B

spp.)

applications

should begin

Anthracnose

Aronia

Fruit

Rot

prior to

Berry

disease

Blueberry, (Colletotrichum

development

gloeosporioides)

Highbush

Botryosphaeria

and continue

Blueberry,

Canker

throughout

Lowbush

(Botryosphaeria

the season

Buffalo

spp.)

on a 7- to 14Currant

day

Mummyberry

Chilean

schedule,

(Monilinia

Guava

following the

Cranberry, vacciniiresistance

Highbush corymbost)

Phomopsis

management

Current,

Stem Canker

guidelines.

Black

(Phomopsis

Applications

Currant,

vaccinii)

may be

Red

538a

Elderberry Powdery

European

Mildew

(Sphaerotheca

Barberry

Gooseberry spp.)

Honeysuckle, Septoria

Edible

Blight

Huckleberry (Septaria spp.)

Jostaberry

Juneberry

(Saskatoon

Berry)

Lingonberry

Native

Currant

Salal

Sea

Buckthorn

Including

all cultivars

and/or

hybrids of

these.

made by

ground, air

or

chemigation.

An adjuvant

may be

added at

specified

rates.

Do not apply

more than

two

sequential

applications

of Willowood

Azoxystrobin

2.08SC or

other Group

11

fungicides

before

alternation

with a

fungicide

that is not in

Group 11.

Specific Use Restrictions:

1) Do not apply more than 46 fl. oz. of

product/A/season.

2) Do not apply more than 0.751b. a.i./A/season of

azoxystrobin-containing products.

3) Willowood Azoxvstrobin 2.08SC may be

applied the day of harvest (0-day PHI).

539a

Use Rate

fl. oz.

Target

product/A

Crop

Diseases

(lb. a.i./A) Remarks

Berries,

Anthracnose

6.0-15.5 Begin

Caneberry (Spaceloma

(0.10-0.25) applications

Subgroup necator)

at onset of

(Eisinoe veneta)

13-07A

disease and

continue

Blackberry Botryosphaeria

Canker

until

Bingleberry

harvest.

Boysenberry (Botryosphaeria

dothidea)

Make

Dewberry

Colletotrichum

applications

Lowberry

on a 7- to 14Marionberry Rot

day

(Colletotrichum

Olallieberry

schedule.

Youngberry gloeosporioides)

Use a

Loganberry Leaf Spot

(Septaria

rubi)

minimum

Red and

(Sphaerulina

water

Black

rubi)

volume of 10

Raspberry

gallons per

Powdery

Wild

acre by

Raspberry Mildew

(Sphaerotheca

ground and

Including

a minimum

all cultivars macularis)

of 3 gallons

Rosette or

and/or

by air.

hybrids of Double

Blossom of

Do not apply

these

Blackberries

more than

(Cercosporella

two

rubi)

sequential

Spur Blight

applications

(Didymella

of Willowood

applanate)

Azoxystrobin

Blackberry

10-15.5

2.08SC or

Rust

(0.16-0.25) other Group

540a

(Phragmidium

spp.)

11

fungicides

before

alternation

with a

fungicide

that is not in

Group 11.

Specific Use Restrictions:

1) Do not apply more than 92.3 fl. oz. of

product/A/season.

2) Do not apply more than 1.5 lb. a.i/A/season of

azoxystrobin-containing products.

3) Willowood Azoxystrobin 2.08SC may be applied

the day of harvest (0-day PHI).

Use Rate

fl. oz.

product/A

Target

Crop

Diseases (lb. a.i./A) Remarks

Berry,

Anthracnose

6.0-15.5 Willowood

Low

(Colletotrichum (0.10-0.25) Azoxystrobin

Growing fragariae)

2.08SC

Subgroup Leather Rot

applications

13-07G

should begin

(Phytophthora

(except

prior to disease

cactorum)

Cranberry) Powdery

development

Mildew

and continue

Strawberry

throughout the

(Sphaerotheca

See

season on a 7macularis)

additional

to 10-day

Suppression

crops

schedule,

of Botrytis on

below.

following the

the Foliage

resistance

management

541a

(Botrytis

cinerea)

guidelines.

Applications

may be made

by ground, air

or

chemigation.

An adjuvant

may be added

at specified

rates.

For leather rot

control apply 2

applications on

a 7-day

schedule from

late bloom

through

harvest.

For dip

applications

at

transplanting

for

commercial

berry

production:

For

suppression of

root and crown

rot caused by

Colletotrichum

spp., mix 5-8 fl.

oz. of

Willowood

Azoxystrobin

542a

2.08SC per 1

00 gallons of

water. Dip

plants for 2-5

minutes. Plant

treated plants

as quickly as

possible. It is

recommended

that

transplants be

washed to

remove excess

soil prior to

dipping. For

continued

anthracnose

control, follow

with foliar

applications

beginning 2-3

weeks after

transplant.

Do not apply

more than two

sequential

applications of

Willowood

Azoxystrobin

2.08SC or

other Group 11

fungicides

before

alternation

with a

543a

fungicide that

is not in Group

11.

Soilborne

0.40-0.80 For soilborne/

Diseases

seedling

fl.

Seedling Root oz./1000 disease control,

Rot,

row feet see directions

Basal Stem

and rates

Rot

under the

(Rhizoctonia

SOILBORNE/

solani)

SEEDLING

DISEASE

CONTROL

section.

Additional Low Growing Berries: Bearberry,

Bilberry, Cloud berry, Muntries, Partridgeberry

including all cultivars and/or hybrids of these.

Specific Use Restrictions:

1) Do not apply more than 61.5 fl. oz. of

product/A/season.

2) Do not apply more than 1.0 lb. a. i./A/season of

azoxystrobin-containing products.

3) Do not use in plant propagation nurseries.

4) Willowood Azoxystrobin 2.08SC may be applied

the day of harvest (0-day PHI).

Target

Crop

Diseases

Brassica Alternaria

Head and Leaf Spot

Stem

(Alternaria

Subgroup spp.)

Use Rate

fl. oz.

product/A

(lb. a.i./A) Remarks

6.0-15.5 Willowood

(0.10-0.25) Azoxystrobin

2.08SC

applications

544a

Downy

Broccoli

Mildew

Chinese

(Peronospora

Broccoli

parasilica)

Pin Rot

(gai lon)

(Alternaria

Brussels

spp.)

Sprouts

Cabbage

Chinese

Cabbage

(napa)

Chinese

Mustard

Cabbage

(gai choy)

Cauliflower

Cavalo

Broccolo

Kohlrabi

Including

all cultivars

and/or

hybrids of

these

should begin

prior to

disease

development

and continue

throughout

the season on

a 7- to 14-day

schedule,

following the

resistance

management

guidelines.

Applications

may be made

by ground, air

or

chemigation.

An adjuvant

may be added

at specified

rates. Use a

minimum of

10 gallons of

water per

acre by

ground, and

minimum of 3

gallons per

acre by air.

Do not apply

more than

two

applications

of Willowood

545a

Azoxystrobin

2.08SC or

other Group

11 fungicides

before

alternation

with a

fungicide that

is not in

Group 11.

Specific Use Restrictions:

1) Do not apply more than 92.3 fl. oz. of

product/A/season.

2) Do not apply more than 1.5 lb. a. i./A/season

azoxystrobin-containing products.

3) Willowood Azoxvstrobin 2.08SC may

applied the day of harvest (0-day PHI).

Target

Diseases

Crop

Brassic Black Spot

a Leafy (Alternaria

Greens spp.)

Cercospora

Subgroup

Leaf Spot

Broccoli (Cercospora

spp.)

Raab

Cabbage, White Rust

Chinese (Albugo

Collards candida)

be

Use Rate

fl. oz.

product/

A (lb.

a.i./A)

Remarks

6.0-15.5 Willowood

(0.1 0- Azoxystrobin

0.25)

2.08SC

applications

should begin

prior to disease

development and

continue

throughout the

season on a 7- to

14-day schedule,

546a

Kale

Mizuna

Mustard

Greens

Mustard

Spinach

Rape

Greens

Includin

g all

cultivars

and/or

hybrids

of these

following the

resistance

management

guidelines.

Applications may

be made by

ground, air or

chemigation. An

adjuvant may be

added at

specified rates.

Do not apply

more than one

application of

Willowood

Azoxystrobin

2.08SC or other

Group 11

fungicides before

alternation with

a fungicide that

is not in Group

11.

Soilborne 0.40-0.80 For

Diseases

fl. oz./1000 soilborne/seedlin

Seedling

row feet g disease control,

see directions

Root Rot,

Basal Stem

and rates under

Rot

the

SOILBORNE/

(Rhizoctoni

SEEDLING

a solani)

DISEASE

CONTROL

section.

547a

Specific Use Restrictions:

1) Do not apply more than 46 fl. oz. of

product/A/season.

2) Do not apply more than 0.75 lb. a.i./A/season

of azoxystrobin-containing products.

3) Willowood Azoxvstrobin 2.08SC may

applied the day of harvest (0-day PHI).

be

Use Rate

fl. oz.

product/A

Target

Diseases (lb. a.i./A) Remarks

Crop

Bulb

Foliar

6.0-12.0 For downy

Vegetables Diseases

(0.10-0.20) mildew, make

Crop

preventative

Cladosporiu

Group 3-07 m Leaf

applications

on a 5- to 7 Blotch

Garlic

(Cladosporium

day

schedule.

Leek

For all other

Onion, bulb allii)

diseases,

Daylily, bulb Purple Blotch

(Alternaria

Willowood

Fritillaria,

porri)

bulb

Azoxystrobin

2.08SC

Garlic, bulb Rust

(Puccinia

Garlic,

applications

allii)

greatshould begin

headed, bulb Botrytis Leaf 9.0-15.5 prior to

Blight

(0.15-0.25) disease

Garlic,

(Botrytis

serpent,

development

aclada)

bulb

and continue

Downy

Lily, bulb

throughout

Onion, bulb Mildew

the season

(Peronospora

Onion,

every 7-14

destructor)

Chinese,

days following

the resistance

bulb

548a

Onion, pearl

Onion,

potato, bulb

Shallot, bulb

Onion, green

Chive, fresh

leaves

Chive,

Chinese,

fresh leaves

Elegans,

hosta

management

guidelines.

Applications

may be made

by ground, air

or

chemigation.

If applications

are made by

air, the higher

rates should

be used for

adequate

control. An

adjuvant may

be added at

specified

rates.

Do not apply

more than one

application of

Willowood

Azoxystrobin

2.08SC or

other Group

11 fungicides

before

alternation

with a

fungicide that

is not in

Group 11.

Mixtures of

Willowood

Azoxystrobin

549a

2.08SC with

insecticides

and silicone

adjuvants

must be

tested for crop

safety before

application to

the crop.

Fritillaria, Soilborne

0.40-0.80 For

leaves

Diseases

fl. oz./1000 soilborne/seed

Rhizoctonia

Kurrat

row feet ling disease

control, see

Lady’s leek Damping-Off

directions

Leek

(Rhizoctonia

under the row

Leek, wild solani)

Onion,

feet

Beltsville

SOILBORNE

/ SEEDLING

bunching

DISEASE

Onion, fresh

Onion, green

CONTROL

Onion,

section. If the

macrostem

application is

Onion, tree,

an in-furrow

tops

application,

the spray

Onion,

should be

Welsh, tops

made just

Shallot,

prior to seed

fresh leaves

placement so

Including all

that the

cultivars

majority of

and/or

the chemical

hybrids of

is under the

these

seed. This will

reduce the

550a

potential for

phytotoxicity,

especially if

fertilizer is

added to the

application.

Specific Use Restrictions:

1) Do not apply more than 92.3 ft. oz. of

product/A/season.

2) Do not apply more than 1.5 lb. a.i./A/season of

azoxystrobin-containing products.

3) Willowood Azoxystrobin 2.08SC may

applied the day of harvest (0-day PHI).

be

Use Rate

fl. oz.

Target

product/A

(lb. a.i./A) Remarks

Crop

Diseases

Canola (see Alternaria

6.0-15.5 In general,

Oilseed

Blackspot

(0.1 0-0.25) apply 7.0 fl.

Crops for

(Alternaria

oz. of

additional spp.)

Willowood

Azoxystrobi

information) Blackleg

(Leptosphaeria

n 2.08SC at

early bud

maculans)

Sclerotinia

followed by

Stem Rot

14.0 fl. oz. at

(Sclerotinia

about 45

scterotiorum)

days before

harvest. A

third

application

of 7.0 fl. oz.

may be

made 30

551a

days before

harvest.

Specifically

for blackleg,

Willowood

Azoxystrobi

n 2.08SC

applications

should be

made at the

2- to 4-leaf

stage. For

Alternaria

or

Sclerotinia,

9.0-15.5 fl.

oz.

product/A

should be

applied at

10-25%

flowering (37 days

following

first flower).

Use the

higher rate

under heavy

disease

pressure or

when

conditions

are

favorable for

disease. For

552a

control of

Alternaria

alone, 8.0 fl.

oz.

product/A

may be

applied at

pod stage

(approximat

ely 95%

petal fall).

Do not apply

more than

one

application

of Willowood

Azoxystrobi

n 2.08SC or

other Group

11

fungicides

before

alternation

with a

fungicide

that is not

in the Group

11.

Applications

may be

made by

ground, air

or

chemigation

. Use a

553a

minimum of

10 gallons of

water per

acre for

ground

applications.

Specific Use Restrictions:

1) Do not apply more than 27.6 fl. oz. of

product/A/season.

2) Do not apply more than 0.45 lb. a.i./A/season of

azoxystrobin-containing products.

3) Do not apply within 30 days of harvest (30-day

PHI).

Use Rate

fl. oz.

Target

product/A

Diseases (lb. a.i./A)

Crop

Remarks

Carrots Early Blight 9.0-20.0 Willowood

(Cercospora (0.15-0.33) Azoxystrobin

carotae)

2.08SC

Late Blight

applications

should begin

(Alternaria

dauci)

prior to disease

White Mold

development and

(Sclerotium

continue

rolfsii)

throughout the

season every 7-14

For

days following

additional

the resistance

diseases, see

management

Vegetables,

guidelines.

Root,

Applications may

Subgroup.

be made by

ground, air or

554a

chemigation. An

adjuvant may be

added at specified

rates.

Do not apply

more than one

application of

Willowood

Azoxystrobin

2.08SC or other

Group 11

fungicides before

alternation with

a fungicide that

is not in Group

11.

Soilborne

0.40-0.80 For soilborne/

Diseases

fl. oz./1000 seedling disease

Rhizoctonia

row feet control, see

Root Rot

directions and

rates under the

(Rhizoctonia

solani)

SOILBORNE/

SEEDLING

DISEASE

CONTROL

section.

Specific Use Restrictions:

1) Do not apply more

product/A/season.

than

123

fi.

oz.

2) Do not apply more than 2.0 lb. a.i./A/season of

azoxystrobin-containing products.

3) Willowood Azoxystrobin 2.08SC may

applied the day of harvest (0-day PHI).

be

555a

Use Rate

fl. oz.

Target

product/A

Diseases (lb. a.i./A)

Crop

Remarks

Celery Early Blight 9.0-15.5 Willowood

(Cercospora (0.15-0.25) Azoxystrobin

apii)

2.08SC

Late Blight

applications

(Septoria

should begin prior

to disease developapicola)

ment and continue

For

additional

throughout the

diseases, see

season every 7-14

Leafy

days following the

Vegatables

resistance

management

guidelines.

Applications may

be made by

ground, air or

chemigation. An

adjuvant may be

added at specified

rates.

Do not apply more

than one

application of

Willowood

Azoxystrobin

2.08SC or other

Group 11

fungicides before

alternation with a

fungicide that is

not in Group 11.

556a

Soilborne

0.40-0.80 For soilborne/

Diseases

fl. oz./1000 seedling disease

Rhizoctonia

row feet control, see

Root Rot

directions and

(Rhizoctonia

rates row feet

solani)

under the

SOILBORNE/

SEEDLING

DISEASE

CONTROL

section.

Specific Use Restrictions:

1) Do not apply more than 92.3 fl. oz. of

product/A/season.

2) Do not apply more than 1.5 lb. a.i./A/season of

azoxystrobin-containing products.

3) Willowood Azoxystrobin 2.08SC may

applied the day of harvest (0-day PHI).

be

Use Rate

fl. oz.

product/A

Target

(lb. a.i./A) Remarks

Crop

Diseases

Christmas Diplodia Tip

6.0-15.5 Willowood

Trees

Blight

(0.1 0-0.25) Azoxystrobin

(Diplodia

2.08SC

pinea)

applications

Lophodermium

should begin

Needlecast

prior to

(Lophodermium

disease

pinastn)

development

and continue

Swiss

throughout

Needlecast

the season

(Phaeocrytopus

at 7- to 21gaumannii)

557a

day

intervals

following the

resistance

management

guidelines.

Applications

may be

made by

ground, air

or

chemigation.

An adjuvant

may be

added at

specified

rates.

Do not apply

more than

two

sequential

applications

of Willowood

Azoxystrobin

2.08SC or

other Group

11

fungicides

before

alternation

with a

fungicide

that is not in

Group 11.

558a

Specific Use Restrictions:

1) Do not apply more

product/A/season.

than

123

fl.

oz.

2) Do not apply more than 2.0 lb. a.i./A/season of

azoxystrobin-containing products.

Use Rate

fl. oz.

product/

A (lb.

Target

Crop

Diseases

a.i./A)

Remarks

Citrus

Albinism

12.0-15.5 Willowood

Fruit

(Alternaria

(0.20-0.25) Azoxystrobin

2.08SC

Crop

alternate pv

Group 10- citri)

applications

should begin

10

Alternaria

prior to

Calamondi Leaf and Fruit

Spot

disease

n

(Alternaria

development

Citron

citri)

and continue

Grapefruit

throughout

Kumquat Cercospora

the season

Leaf Spot

Lemon

on 7- to 21(Cercospora

Lime

day

Mandarin spp.) Diplodia

Stem-End Rot

intervals

Orange

(Diplodia

following the

(sour and

natalensis)

resistance

sweet)

Greasy

Spot

management

Pummelo

(Mycosphaerell

guidelines.

Satsuma

Under

Mandarin a citri)

Melanose

conditions

Tangerine

(Diaporthe

that favor

citri)

severe

Including

disease

Penicillium

all

Decays

epidemics,

559a

cultivars

and/or

hybrids of

these.

Green Mold,

the higher

Whisker

application

Mold,

rates should

Suppression

be used.

of Blue

Applications

See

Mold

may be

complete

(Penicillium

made by

spp.)

ground, air

list of

or

citrus fruit Phomopsis

crops

Stem-End Rot

chemigation.

below.

(Phomopsis

An adjuvant

citrii)

may be

Post Bloom

added at

Fruit Drop

specified

rates. A

(PFD)

(Colletotrichum

horticultural

acutatum)

spray oil

Powdery

should be

Mildew

used to

(Erysiphe spp.)

improve

control

Scab (Elsinoe

fawcettii)

of greasy

Sweet Orange

spot.

Scab (Eisinoe

Do not apply

australis)

more than

Black Spot

9.0-15.5 two

(Guidnardia (0.15-0.25) sequential

citricarpa)

applications

of Willowood

Azoxystrobin

2.08SC or

other Group

11

fungicides

before

560a

alternation

with a

fungicide

that is not in

Group 11.

Do not make

more than

four (4)

applications

of Willowood

Azoxystrobin

2.08SC or

other Group

11 fungicide

per season.

Pummelo

Citrus

Hybrid

(Uniq fruit

only)

Soilborne

0.40-0.80 For

Diseases

fl. oz./1000 soilborne/

Seedling Root

row feet seedling

Rot, Basal

disease

Stem Rot

control, see

(Rhizoctonia

directions

solani)

and rates

under the

SOILBORN

E/

SEEDLING

DISEASE

CONTROL

section.

Complete List of Citrus Fruit Crops: Australian

Desert Lime (Eremocitrus glauca); Australian Finger

Lime (Microcitrus australasica); Australian Round

Lime (Microcitrus australis); Brown River Finger

Lime

(Microcitrus

papuana);

Calamondin

(Citrofortunella microcarpa); Citron (Citrus medica);

561a

Citrus Hybrids, Citrus spp., Eremocitrus spp.,

Fortunella spp., Microcitrus spp., and Poncirus spp.,

Grapefruit (Citrus paradise); Japanese Summer

Grapefruit

(Citrus

natsudaidai);

Kumquat

(Fortunella spp.); Lemon (Citrus limon); Lime (Citrus

aurantiifolia); Mediterranean Mandarin (Citrus

deliciosa); Mount White Lime (Microcitrus

garrowayae); New Guinea Wild Lime (Microcitrus

warburgiana); Orange, Sour (Citrus aurantium);

Orange, Sweet (Citrus sinensis); Pummelo (Citrus

maxima); Russell River Lime (Microcitrus inodora);

Satsuma Mandarin (Citrus unshiu); Sweet Lime

(Citrus limetta); Tachibana Orange (Citrus

tachibana); Tahiti Lime (Citrus latifolia); Tangelo

(Citrus x tangelo); Tangerine (Mandarin) (Citrus

reticulate); Tanger (Citrus nobilis); Trifoliate Orange

(Poncirus trifoliate); Uniq Fruit (Citrus aurantium

Tangelo group); cultivars, varieties and/or hybrids of

these.

Specific Use Restrictions:

1) Do not apply more than 92.3 fl. oz. of

product/A/season.

2) Do not apply more than 1.5 lb. a.i./A/season of

azoxystrobin-containing products.

3) Do not use Willowood Azoxystrobin 2.08SC in

citrus plant propagation nurseries.

4) Willowood Azoxystrobin 2.08SC may be

applied the day of harvest (0-day PHI).

Crop

Clover

(and

Target

Diseases

Rust

Use Rate

fl. oz.

product/A

(lb. a.i./A)

Remarks

6.0-9.0 For gray leaf

(0.10-0.15) spot, apply

562a

stands (Puccinia

contain- sorghi)

ing

Clover)

(See

Nongrass

Animal

Feeds

Forage,

Fodder,

Straw

and Hay)

Willowood

Azoxystrobin

2.08SC at the

onset of

disease. A

second

application

may be

required 14

days later if

disease

pressure

Corn

Anthracnose

6.0-15.5 persists.

Leaf Blight

(0.10-0.15) For all other

diseases,

Field

(Colletotrichum

Willowood

graminicola)

Pop

Azoxystrobin

Eye Spot

Sweet

2.08SC

(Includes (Aureobasidlum

applications

Seed

zeae)

should begin

Produc- Gray Leaf Spot

prior to

tion)

(Cercospora

disease

sorghi)

development

North Corn

and may

Leaf Blight

continue

(Setosphaeria

throughout the

turcica)

season every 7North Corn

14 days

Leaf Spot

following the

(Cochliobolus

resistance

carbonum)

management

Southern Corn

guidelines.

Leaf Blight

Applications

(Cochliobolus

may be made

heterostrophus)

by ground, air

563a

or

chemigation.

An adjuvant

may be added

at specified

rates.

Do not apply

more than two

sequential

applications of

Willowood

Azoxystrobin

2.08SC or

other Group

11 fungicides

before

alternation

with a

fungicide that

is not in Group

11. For filed

corn and field

corn grown for

seed, do not

make more

than two (2)

applications

per season.

Early

Application

(V4-V8)

6.0

(0.10)

Apply

Willowood

Azoxystrobin

2.08SC early

(V4-V8) for

early season

disease control

564a

and beneficial

physiological

benefits. If

mixing with

herbicides,

other than solo

glyphosate

products,

Callisto®,

Callisto® Xtra,

or Halex® GT,

consult your

local

Willowood,

LLC

representative.

Soilborne

0.40-0.80 For soilborne/

Diseases

fl. oz./1000 seedling

row feet disease

Rhizoctonia

Root and

control, see

Stalk Rot

directions and

(Rhizoctonia

rates under

solani)

the

SOILBORNE/

SEEDLING

DISEASE

CONTROL

section.

Specific Use Restrictions:

1) Do not apply more than 123 fl. oz. of

product/A/season.

2) Do not apply more than 2.0 lb. a.i./A/season of

azoxystrobin-containing products.

3) Do not apply within 7 days of harvest (7-day

PHI).

565a

Use Rate

fl. oz.

Target

product/A

Crop

Diseases (lb. a.i./A)

Remarks

Cotton Anthracnose

6.0-9.0 For optimum

(Glomerella

(0.1-0.15) disease control,

gossypii)

Willowood

Ascochyta

Azoxystrobin

Blight (A.

2.08SC

gossypii)

applications

should begin prior

Boll Rot (A.

to or in the early

gossypii)

Cotton Rust

stages of disease

(Puccinia

development.

Applications may

schedonnardt)

be made by

Hardlock

(Fusarium

ground, air, or

verticillioides)

chemigation. An

Southwestern

adjuvant may be

added at specified

Cotton Rust

(Puccinia

rates. Minimum

application

cacabata)

volumes for air

and ground are 5

and 10 gallons

per acre,

respectively.

The first

Willowood

Azoxystrobin

2.08SC

application

should be

targeted

approximately at

566a

pinhead square to

first bloom to

protect the plant

from diseases.

Subsequent

application(s) are

specified on a 1421-day schedule.

An additional

application may

be made

depending on

environmental

conditions and

the health of the

cotton plant.

Under poor

environmental

conditions

conducive to

seedling disease

and poor cotton

growth,

Willowood

Azoxystrobin

2.08SC may be

applied to early

season cotton to

suppress damping

off and other

diseases which

result in plant

stand loss.

Do not apply

more than two

567a

foliar applications

of Willowood

Azoxystrobin

2.08SC or other

Group 11

fungicides before

alternating with a

fungicide that has

a different mode

of action. Do not

make more than

three (3) foliar

applications of

Willowood

Azoxystrobin

2.08SC or other

Group 11

fungicides per

crop per acre per

year.

Pythium

Seedling

Blight

(Pythium

aphanid

ermatum)

Rhizoctonia

Seedling

Blight

(Rhizoctonia

solani)

InWillowood

Furrow Azoxystrobin

0.40-0.80 2.08SC

fl. oz.

Application

product Directions:

per 1000 Apply Willowood

row feet Azoxystrobin

(0.10-0.20 2.08SC as an inoz. a.i. per furrow spray in 31000 row 7 gallons of water

feet)

at planting.

Mount the spray

nozzle so the

spray is directed

into the furrow

568a

just before the

seed are covered.

Use the higher

rate when the

weather

conditions are

expected to be

conducive for

disease

development, if

the field has a

history of

Pythium

problems, or if

minimum/low till

programs are in

place.

See the

SOILBORNE/

SEEDLING

DISEASE

CONTROL

section for table

illustrating total

fluid ounces per

acre with various

row spacings.

Specific Use Restrictions:

1) Do not apply more than 27 fl. oz. of

product/crop/season as a foliar spray.

2) Willowood Azoxystrobin 2.08SC may be

applied up to 45 days before harvest (45-day

PHI).

569a

Use Rate

fl. oz.

Target

product/A

(lb. a.i./A) Remarks

Crop

Diseases

Cranberry Cottonball

6.0-15.5 Begin

Subgroup (Monilinia

(0.10-0.25) applications

13-07H

oxycocci)

at 5-10%

(except

Fruit Rots

bloom for

Straw(Physalospora

fruit rot,

berry)

vaccinii)

cotton ball,

and twig

Bearberry (Glomerella

cingulata)

blight.

Bilberry

(Coleophoma

Continue

Blueberry,

empetri)

applications

Lowbush

on a 7- to 14Lophodermium

Cloud berry

day schedule

Lingonberry Twig Blight

if conditions

(Lophodermium

Muntries

spp.)

are

Partridgefavorable for

berry

disease

Including

development.

all cultivars

Applications

and/or

may be

hybrids of

made by

these

ground,

chemigation

or air.

Do not apply

more than

two

sequential

applications

of Willowood

Azoxystrobin

2.08SC or

570a

Fairy Ring

(suppression)

(Psilocybe

spp.)

15.5

(0.25)

other Group

11

fungicides

before

alternations

with a

fungicide

that is not in

Group 11.

Make the

first

application

at bud

break.

Measure the

ring

diameter

and add 10

feet to that

diameter.

Apply

Willowood

Azoxystrobin

2.08SC at a

rate

equivalent to

15.5 fl. oz./A

in 30-100

gallons of

water to the

affected

area.

Irrigation (12 hours)

following

571a

application

is advisable

to ensure

penetration

to the base

of the plant.

If necessary

make

another

application

2-4 weeks

later. For

ground

application

ensure

adequate

water

volume for

thorough

canopy

penetration.

Specific Use Restrictions:

1) Do not apply more than 92.3 fl. oz. of

product/A/season.

2) Do not apply more than 1.5 lbs. a. i./A/season

of azoxystrobin-containing products.

3) Do not treat cranberry fields used for

aquaculture of fish and crustacean.

4) Do not apply when weather conditions favor

drift from treated areas to non-target aquatic

habitat. Applicators should use care in making

applications near non-target aquatic habitats.

5) Do not apply to flooded crop.

572a

6) Do not allow release of irrigation or flood water

to non-target aquatic habitat for at least 14

days after the last application.

7) Do not apply within 3 days of harvest (3-day

PHI).

Use Rate

fl. oz.

product/A

Target

Crop

Diseases (lb. a.i./A) Remarks

Cucurbits Anthracnose

6.0-15.5 For both

Cantaloupe (Colletotrichum (0.10-0.25) downy and

Chayote

lagenarium)

powdery

ChineseBelly Rot

mildew, make

preventative

Waxgourd (Rhizoctonia

applications

Cucumber solani)

on a 5- to 7Gourds

Downy

Honeydew Mildew

day schedule.

Melons

(Pseudoperon

For belly rot

Momordica ospor a

control, the

spp.

cubensis)

first

application

(bitter

Gummy Stem

should be

melon,

Blight

made at the 1balsam

(Didymella

bryoniae)

3 leaf crop

apple)

Muskmelon Leaf Spots

stage with a

Watermelon (Alternaria

second

Pumpkin

spp.,

application

Cercospora

just prior to

Squash

spp.)

vine tip over

Zucchini

or 10-14 days

Myrothecium

Including Canker

later

cultivars

whichever

(Myrothecium

and/or

occurs first.

roridum)

For all other

573a

hybrids of

these.

Plectosporium

Blight

(Piectosporium

tabacinum)

Powdery

Mildew

(Sphaerotheca

fuliginea,

Erysiphe

cichoracearum)

Ulocladium

Leaf Spot

(Ulocladium

cucurbitae)

diseases,

Willowood

Azoxystrobin

2.08SC

applications

should begin

prior to

disease

development

and continue

throughout

the season

every 7-14

days following

the resistance

management

guidelines.

Applications

may be made

by ground, air

or

chemigation.

An adjuvant

may be added

at specified

rates.

Do not tank

mix

Willowood

Azoxystrobin

2.08SC with

crop oil

concentrates

(COC),

methylated

574a

spray oil

(MSO) or

silicon

adjuvants.

Do not tank

mix

Willowood

Azoxystrobin

2.08SC with

Malathion,

Kelthane®

Thiodan®,

Phaser®,

Lannate®,

Lorsban®, MPede® or

Botran®. Do

not apply

more than one

application of

Willowood

Azoxystrobin

2.08SC or

other Group

11 fungicides

before

alternation

with a

fungicide that

is not in

Group 11. Do

not make

more than

four (4) foliar

applications of

575a

Willowood

Azoxystrobin

2.08SC or

other Group

11 fungicides

per crop per

acre per year.

Soilborne

Diseases

Rhizoctonia

Root Rot

(Rhizoctonia

solani)

0.40-0.80 For soilborne/

fl. oz./1000 seedling

row feet disease

control, see

directions and

rates under

the

SOILBORNE/

SEEDLING

DISEASE

CONTROL

section.

Specific Use Restrictions:

1) Do not apply more than 92.3 fl. oz. of

product/A/season.

2) Do not apply more than 1.5 lbs. a.i./A/season of

azoxystrobin-containing products.

3) Do not apply within 1 day of harvest (1-day

PHI).

Use Rate

fl. oz.

Target

product/A

Crop

Diseases (lb. a.i./A) Remarks

Fruiting Anthracnose

6.0-15.5 Willowood

Vegetables (Colletotrichum (0.10-0.25) Azoxystrobin

Crop

spp.)

2.08SC

576a

Group 810

Powdery

Mildew

(Sphaerotheca

Pepper

Bell Pepper spp.)

Non-Bell

Pepper

Sweet NonBell Pepper

Eggplant

Okra

Pepino

Including

all cultivars

and/or

hybrids of

these.

See

specific

directions

for use for

Tomatoes.

See

complete

list of

fruiting

vegetables

below.

applications

should begin

prior to

disease

development

and continue

throughout

the season on

a 7- to 14-day

schedule,

following the

resistance

management

guidelines.

Applications

may be made

by ground, air

or

chemigation.

An adjuvant

may be added

at specified

rates.

Do not apply

more than one

application of

Willowood

Azoxystrobin

2.08SC or

other Group

11 fungicides

before

alternation

with a

fungicide that

577a

is not in Group

11.

Soilborne

Diseases

Rhizoctonia

Seedling Rot

(Rhizoctonia

solani)

0.40-0.80 For soilborne/

fl. oz./1000 seedling

row feet disease

control, see

directions and

rates under

the

SOILBORNE/

SEEDLING

DISEASE

CONTROL

section.

Complete List of Fruiting Vegetables: African

Eggplant; Bell Pepper; Eggplant; Martynia; Nonbell

Pepper; Okra; Pea Eggplant; Pepino; Roselle; Scarlet

Eggplant; cultivars, varieties; and/or hybrids of these.

Specific Use Restrictions:

1) Do not apply more than 61.5 fl. oz. of

product/A/season.

2) Do not apply more than 1.0 lb. a.i./A/season of

azoxystrobin-containing products.

3) Willowood Azoxystrobin 2.08SC may be applied

the day of harvest (0-day PHI).

Use Rate

fl. oz.

product/A

Target

Crop

Diseases (lb. a.i./A)

Remarks

Grapes

Black Rot

10.0-15.5 Willowood

and Other (Guignardia (0.16-0.25) Azoxystrobin

Small

bidwellii)

2.08SC

Fruit

Downy

applications

578a

Vine

Mildew

Climbing (Plasmopara

Subgroup viticola)

Phomopsis

13-07F

(except

Cane and

fuzzy

Leaf Spot

kiwifruit) (Phomopsis

viticola)

Amur

Powdery

River

Mildew

Grape

(Uncinula

Kiwifruit, necator)

Hardy

Maypop

Suppression

Muscadines Only:

Schisandra Botrytis

Berry

Bunch Rot

(Botrytis

Including cinereal)

all

cultivars

and/or

hybrids of

these.

should begin

prior to disease

development

and continue

throughout the

season every

10-14 days

following the

resistance

management

guidelines.

Applications

may be made

by ground, air

or chemigation.

An adjuvant

may be added

at specified

rates.

Do not apply

more than two

sequential

foliar

applications of

Willowood

Azoxystrobin 2.

08SC or other

Group 11

fungicides

before

alternating

with a

fungicide that

is not in Group

11.

579a

ATTENTION

Willowood

Azoxystrobin

2.08SC is

extremely

phytotoxic to

certain apple

varieties.

AVOID SPRAY

DRIFT.

Extreme care

must be used to

prevent injury

to apple trees

(and apple

fruit).

DO NOT spray

Willowood

Azoxystrobin

2.08SC where

spray drift may

reach apple

trees.

DO NOT use

spray

equipment

which has been

previously used

to apply

Willowood

Azoxystrobin

2.08SC to

spray apple

trees. Even

580a

trace amounts

can cause

unacceptable

phytotoxicity to

certain apple

and crabapple

varieties.

AVOIDING

SPRAY DRIFT

IS THE

RESPONSIBILITY OF

THE

APPLICATOR.

Specific Use Restrictions:

1) Do not apply more than 92.3 fl. oz. of

product/A/season.

2) Do not apply more than 1.5 lb. a.i./season of

azoxystrobin-containing products.

3) Do not apply within 14 days of harvest (14dayPHI).

Use Rate

fl. oz.

Target product/A

Crop

Diseases (lb. a.i./A)

Remarks

Grasses Ergot Stem 6.0-15.5 Willowood

(grown Diseases

(0.10-0.25) Azoxystrobin

for seed) Powdery

2.08SC applications

Mildew

should begin prior

(Erysiphe

to disease

graminis)

development and

Rust

continue

throughout the

581a

(Puccinia

spp.)

season on a 10- to

14-day schedule,

following the

resistance

management

guidelines.

Applications may

be made by ground,

air or chemigation.

An adjuvant may

be added at

specified rates.

Do not apply more

than two sequential

applications of

Willowood

Azoxystrobin

2.08SC or other

Group 11

fungicides before

alternation with a

fungicide that is

not in Group 11.

Specific Use Restrictions:

1) Do not apply more than 49 fl. oz. of

product/A/season.

2) Do not apply more than 0.8 lb. a.i./A/season of

azoxystrobin-containing products.

3) Do not feed treated straw, seed or screenings

to livestock.

4) Willowood Azoxystrobin 2.08SC may be

applied up to 8 days prior to harvest

(swathing)(8-day PHI).

582a

Use Rate

fl. oz.

Target

product/A

Crop

Diseases

(lb. a.i./A) Remarks

Herbs &

Corynespora

6.0-15.5 Willowood

Spices

Blight

(0.10-0.25) Azoxystrobin

(except

(Corynespora

2.08SC

cassiicola) Dill

applications

black

Blight

should begin

pepper)

at the onset

Crop

(Cercosporidium

Group 19 punctum)

of disease

development

Phoma Blight

Allspice;

and continue

(Passalora

Angelica;

throughout

Anise (seed); puncta)

the season on

Anise, star;

a 7-day

Annatto;

schedule,

Balm; Basil;

following the

Borage;

resistance

Burnet;

management

Camomile;

guidelines.

Caper

Applications

(buds);

may be made

Caraway;

by ground

Caraway,

only. An

black;

adjuvant

Cardamon;

may be

Cassia

added at

(buds);

specified

Catnip;

rates. Use a

Celery Seed;

minimum

of

Chervil

30 gallons of

(dried);

water per

Chive;

acre.

Chive,

Chinese;

583a

Cinnamon;

Clary; Clove

(buds);

Coriander

(cilantro) or

Chinese

parsley)(

leaf);

Coriander

(seed);

Costmary;

Culantro

(leaf and

seed);

Cumin,

Curry (leaf);

Dill (seed);

Dillweed;

Fennel,

Common;

Fennel,

Florence

(seed);

Fenugreek;

Grains of

Paradise;

Horehound;

Hyssop;

Juniper

(berry);

Lavender;

Lemongrass;

Lovage (leaf

and seed);

Mace;

Do not apply

more than

two

sequential

applications

of Willowood

Azoxystrobin

2.08SC or

other Group

11 fungicides

before

alternation

with a

fungicide

that is not in

Group 11.

584a

Marigold;

Marjoram;

Mustard

(seed);

Nasturtium;

Nutmeg;

Parsley

(dried);

Pennyroyal;

Pepper,

White;

Poppy Seed;

Rosemary;

Rue;

Saffron;

Sage;

Savory,

Summer

and Winter

Sweet Bay;

Tansy;

Tarragon;

Thvme;

Vanilla;

Wintergreen;

Woodruff;

Wormwood

Wasabi

Fusarium

6.2-15.4 Willowood

Rhizome and (0.10-0.25) Azoxystrobin

Root Rot

2.08SC

(Pythium spp.)

applications

should begin

at the onset

of disease

585a

development

and continue

throughout

the season on

a 7-day

schedule,

following the

resistance

management

guidelines.

Applications

may be made

by ground or

through the

irrigation

system

(chemigation).

An adjuvant

may be

added at

specified

rates. Use a

minimum of

30 gallons of

water per

acre.

Do not apply

more than

two

sequential

applications

of Willowood

Azoxystrobin

2.08SC or

other Group

586a

11 fungicides

before

alternation

with

fungicide

that is not in

Group 11.

Specific Use Restrictions:

1) Do not apply more than 92.3 fl. oz. of

product/A/season.

2) Do not apply more than 1.5 lbs. a.i./A/season of

azoxystrobin-containing products.

3) Willowood Azoxvstrobin 2.08SC may be applied

the day of harvest (0-day PHI).

Use Rate

fl. oz.

product/A

Target

Crop

Diseases (lb. a.i./A) Remarks

Leafy

Foliar

6.0-15.5 For both

Vegetables Diseases

(0.10-0.25) downy and

(except

powdery

Alternaria

brassica) Leaf Spot

mildew, make

preventative

(Alternaria

Amaranth sonchi, A. spp.)

applications

Arugula

on a 5- to 7Anthracnose

(Microdochium

day schedule.

Cardoon

panattonianum,

Celery

For all other

Colletotrichum

Celtuce

diseases,

dematium)

Chervil

Willowood

Chrysanthe- Cercospora

Azoxystrobin

mum,

Leaf Spot

2.08SC

Edible

(Cercospora

applications

spp.)

587a

Coriander, Septaria Leaf

should begin

Leaves

Spot (Septaria

prior to

(Cilantro) petroselini)

disease

Corn Salad White Rust

development

Cress

(Albugo

and continue

Dandelion occidentalis)

throughout

Dock

Downy Mildew 12.0-15.5 the season

Endive

(Bremia

(0.20-0.25) every 7-14

Fennel

days following

lactucae)

Lettuce,

the resistance

Powdery

Head and Mildew

management

Leaf Orach (Eyrisiphe

guidelines.

Parsley

Applications

cichoracearum)

Purslane

may be made

Radicchio

by ground, air

Rhubarb

or

Spinach

chemigation.

An adjuvant

Swiss

Chard

may be added

at specified

Including

rates.

cultivars

and/or

hybrids of

these

Do not apply

more than one

application of

Willowood

Azoxystrobin

2.08SC or

other Group

11 fungicides

before

alternation

with a

fungicide that

is not in Group

11.

588a

ATTENTION:

Applications of

Willowood

Azoxystrobin

2.08SC to

leafy vegetable

foliage have

contributed to

phytotoxicity

under certain

circumstances.

Proceed with

caution with

regard to tank

mixes and

adjuvants

when treating

all leafy

vegetables

with

Willowood

Azoxystrobin

2.08SC.

Willowood

Azoxystrobin

2.08SC must

not be tank

mixed on leaf

lettuce with

Ambush® WP,

Pounce® WP,

Aliette®,

Warrior with

Zeon

Technology®,

589a

or another

product that

may increase

the

penetration of

Willowood

Azoxystrobin

2.08SC into

the leaf

surface, such

as, but not

limited to

silicone

welters.

Soilborne

Diseases

Webb Blight,

Bottom Rot,

Crater Rot,

Root Rot.

(Rhizoctonia

solani)

0.40-0.80 For soilborne/

fl oz./1000 seedling

row feet disease

control, see

directions and

rates under

the

SOILBORNE/

SEEDLING

DISEASE

CONTROL

section.

Specific Use Restrictions:

1) Do not apply more than 92.3 fl. oz. of

product/A/season.

2) Do not apply more than 1.5 lb. a.i./A/season of

azoxystrobin-containing products.

3) Willowood Azoxvstrobin 2.08SC may be applied

the day of harvest (0-day PHI).

590a

Use Rate

fl. oz.

product/

Target

A (lb.

Crop

Diseases

a.i./A)

Remarks

Legume

Bean Rust

6.0

Willowood

Vegetables, (Uromyces

(0.10) Azoxystrobin

Dry and

appendicul

2.08SC

Succulent atus)

applications

and

Alternaria

6.0-15.5 should begin

Legume

Blight

(0.10- prior to

Vegetables, (Alternaria

0.25) disease

Foliage of spp.)

development

any

and continue

Alternaria

Cultivar of Leaf Spot

throughout

Bean

the season

(Alternaria

(Phaseolus alternata)

every 7-14

spp.) and Anthracnose

days

Field Pea (Colletotrichu

following the

(Pisum

resistance

m

spp.)

management

lindemuthianu

guidelines.

Bean

m) Ascochyta

Use the

(Lupinus

Blight

spp.)

higher rates

(Mycosphaerell

(includes

under severe

a

grain lupin, pinodes)

disease

pressure.

sweet lupin, Ascochyta Leaf

Applications

white lupin, and Pod Spot

may be made

and white

(Ascochyta

by ground,

sweet lupin) spp.)

air or

Bean

Ascochyta Leaf

chemigation.

(Phaseolus Spot

An adjuvant

spp.)

(Ascochyta

may be

(includes

phaseolorum)

added at

field bean,

591a

kidney bean, Rust

specified

lima bean, (Phakopsora

rates. For

navy bean, spp.) Southern

rust, use of a

pinto bean, Blight

non-ionic

surfactant is

runner bean, (Sclerotium

recommende

snap bean, rolfsii)

d.

tepary

Web Blight

(Rhizoctonia

bean, wax

Do not apply

solani)

bean)

more than

Bean (Vigna

two

spp.)

sequential

(includes

applications

adzuki bean,

of Willowood

asparagus

Azoxystrobin

bean,

2.08SC or

blackeyed

other Group

pea, cowpea,

11 fungicides

catjang,

before

Chinese

alternation

longbean,

with a

crowder pea,

fungicide

moth bean,

that is not in

mung bean,

Group 11.

rice bean,

Soilborne

0.40-0.80 For soilborne/

southern

fl.

Disease

seedling

pea, urd

Rhizoctonia

oz./1000 disease

bean,

Root Rot

row feet control, see

yardlong

directions and

(Rhizoctonia

bean) Bean

rates under

solani)

(Glycine

the

max)

SOILBORNE

Soybean,

/ SEEDLING

Immature

DISEASE

Seed

(edamame)

592a

Broad bean

(lava bean)

(Vicia faba)

Chickpea

(garbanzo

bean)(Cicer

arietinum)

Guar

(Cyamopsis

tetragonolob

a)

Jackbean

(Canavalia

ensiformis)

Lablab Bean

(hyacinth

bean)

(Lablab

purpureus)

Lentil (Lens

esculenta)

Pea (Pisum

spp.)

(Includes

dwarf pea,

edible-pod

pea, English

pea, garden

pea, green

pea, field

pea, snow

pea, sugar

snap pea)

Pigeon Pea

CONTROL

section.

Willowood

Azoxystrobin

2.08SC can be

applied to the

furrow and

covering soil

at plant time

in a 7-inch

band. Avoid a

concentrated

stream

directly on

the seed or

delayed

emergence

may occur.

If using a

narrow spray

as an

infurrow

spray, adjust

the spray

stream to hit

the soil next

to the seed

but not hit

the seed.

NOTE:

Conduct a

seed safety

test with your

crop before

making

593a

(Cajanus

cajan)

Sword Bean

(Canavalia

gladiate)

infurrow

applications.

Specific Use Restrictions:

1) Do not apply more than 92.3 fl. oz. of

product/A/season.

2) Do not apply more than 1.5 lb. a.i./A/season of

azoxystrobin-containing products.

3) Do not apply within 14 days of harvest (14-day

PHI) of dry legume vegetables (dry bean and

dry pea seeds).

4) Willowood Azoxystrobin 2.08SC may be

applied the day of harvest (0-day PHI) for

succulent beans and peas.

5) For use on soybeans, please refer to the

soybean crop directions for use.

Use Rate

fl. oz.

Target product/A

Diseases (lb. a.i./A)

Crop

Remarks

Mint

Powdery

6.0-15.5 Willowood

(Fresh or Mildew

(0.10-0.25) Azoxystrobin

for

(Erysiphe

2.08SC

processing spp.) Rust

applications

into mint (Puccinia

should begin

oil)

menthae)

prior to disease

development and

continue

throughout the

season on a 7- to

10-day schedule,

594a

following the

resistance

management

guidelines.

Applications

may be made by

ground, air or

chemigation. An

adjuvant may be

added at

specified rates.

Do not apply

more than two

sequential

applications of

Willowood

Azoxystrobin

2.08SC or other

Group 11

fungicides before

alternation with

a fungicide that

is not in Group

11.

Soilborne

0.40-0.80 For soilborne/

Diseases

fl. oz./1000 seedling disease

Seedling

row feet control, see

Root Rot,

directions and

Basal Stem

rates under the

Rot

SOILBORNE/

(Rhizoctonia

SEEDLING

solani)

DISEASE

CONTROL

section.

595a

Specific Use Restrictions:

1) Do not apply more than 46 fl. oz. of

product/A/season.

2) Do not apply more than 0.75 lb. a.i./A/season of

azoxystrobin-containing products.

3) For processed mint, do not apply within 7 days

of harvest (7-day PHI).

4) For fresh mint, Willowood Azoxystrobin

2.08SC may be applied the day of harvest (0day PHI).

Use Rate

fl. oz.

Target product/A

Crop

Diseases (lb. a.i./A) Remarks

Nongrass Alternaria

6.0-15.5 Willowood

Animal

Leaf Spot

(0.10-0.25) Azoxystrobin

Feeds

(Alternaria

2.08SC

Forage,

spp.)

applications

Fodder,

should begin

Cercospora

Straw and Leaf Spot

prior to disease

Hay

development

(Cercospora

and continue

spp.)

For

throughout the

pure/mixed Powdery

season. Use

stands of the Mildew

the higher

(Oidium

following or

rates under

spp.,

stands

severe disease

Erysiphe

mixed with

pressure.

spp.)

grasses:

Applications

Rust

Alfalfa

may be made

(Medicago (Phakopsora

by ground, air

spp.)

saliva

or

subsp.

chemigation.

saliva)

596a

Bean, Velvet

(Mucuna

pruriens

var. utilis)

Clover

(Trifolium

spp.,

Melilotus

spp.) Kudzu

(Pueraria

lobata)

Lespedeza

(Lespedeza

spp.) Lupin

(Lupinus

spp.)

Sainfoin

(Onobrychis

viciifofia)

Trefoil

(Lotus spp.)

Vetch (Vicia

spp.) Vetch,

Crown

(Coronilla

varia)

Vetch, Milk

(Aslragalus

spp.)

Use of an

additive such

as crop oil

concentrate or

non-ionic

surfactant is

recommended.

For

management

of outbreaks of

Asian soybean

rust and other

Puccinia

species on

alternate hose

species such as

kudzu,

lespedeza,

trefoil and

vetch, apply

Willowood

Azoxystrobin

2.08SC to

forages grown

in the vicinity

of soybeans

and other

legume crops

(beans and

peas) as a part

of an Asian

rust disease

management

strategy.

Consult with

597a

local experts

and

Specific Use Restrictions:

1) Do not apply more than 0.25 lb. a.i./A per

cutting.

2) Do not apply more than 0.75 lb. a.i./A/season of

azoxystrobin-containing products.

3) Do not apply within 14 days of grazing or

harvest (14-day PHI) for forage and hay.

4) Not for use on rangeland.

Use Rate

fl. oz.

product/A

Target

Crop

Diseases (lb. a.i./A)

Remarks

Oilseed Alternaria

6.0-15.5 Apply 6.0 fl. oz.

Crops

Leaf Spot

(0.1-0.25) of Willowood

Crop

(Atternaria

Azoxystrobin

Group 20 spp.) Downy

2.08SC at early

Mildew

bud followed by

Crambe

(Pfasmopora

14.0 fl. oz. at

Flax

about 45 days

Mustard, halstedii,

before harvest.

Pfasmopora

Indian

A third

Mustard, helianthi)

application of

Pasmo

Field

7.0 fl. oz. may

(Septoria

Mustard,

be made 30

linicola

Black

days before

garass)

Rapeseed

harvest.

Rapeseed, Sunflower

Applications

Rust

Indian

(Puccinia

may be made

Safflower

by ground, air

Sunflower helianthi)

or chemigation.

Including

Use a

all

598a

cultivars

and/or

hybrids of

these

See

complete

list of

oilseed

crops

below.

minimum of 10

gallons of

water per acre

for ground

applications.

Do not apply

more than two

sequential

applications of

Willowood

Azoxystrobin

2.08SC or other

Group 11

fungicides

before

alternation

with a

fungicide that

is not in Group

11.

Complete List of Oilseed Crops: Borage;

Calendula; Castor Oil Plant; Chinese Tallowtree;

Cottonseed; Crambe; Cuphea; Echium; Euphorbia;

Evening Primrose; Flax Seed; Gold of Pleasure;

Hare’s Ear Mustard; Jojoba; Lesquerella; Lunaria;

Meadowfoam; Milkweed; Mustard Seed; Niger Seed;

Oil Radish; Poppy Seed; Rapeseed; Rose Hip;

Safflower; Sesame; Stokes Aster; Sunflower; Sweet

Rocket; Tallowwood; Tea Oil Plant; Vernonia;

cultivars varieties, and/or hybrids of these.

Specific Use Restrictions:

1) Do not apply more than 27 fl. oz. of

product/A/season.

599a

2) Do not apply more than 0.45 lb. a.i./A/season of

azoxystrobin-containing products.

3) Do not apply within 30 days of harvest (30-day

PHI).

Use Rate

fl. oz.

product/A

Target

(lb. a.i./A) Remarks

Crop

Diseases

Peanuts Soilborne

0.40-0.80 Apply

Diseases fl. oz./1000 Willowood

row feet Azoxystrobin

early season

2.08SC in(in-furrow

application)

furrow at

Aspergillus

planting for

Crown Rot

control of

(Aspergillus

various

niger) Pythium

seed/seedling

Damping Off

diseases

(Pythium spp.)

including early

Stem Rot/White

season

suppression of

Mold

Sunnression

stem rot. See

(Sclerotium

directions and

rolfsii)

rates under

PRODUCT

INFORMATION section.

Soilborne

12.0-24.5 Willowood

Diseases (0.20-0.40) Azoxystrobin

mid-late

2.08SC should

season

be applied at

Rhizoctonia Peg

approximately

and Pod Rot

60 and 90 days

(Rhizoctonia

after planting

600a

solani) Stem

Rot/White Mold

(Sclerotium

rolfsii)

Suppression

Only:

Cylindrocladium

Black Rot

(Cylindoctadium

crotatariae)

Pythium Pod

Rot (Pythium

myriotylum)

as a foliar

application.

This

application

regime may be

applied earlier

in the season if

environmental

conditions

favor disease

development.

These two

applications of

Willowood

Azoxystrobin

2.08SC will

provide

protection

against the soil

borne diseases

and will also

provide control

of the foliar

diseases listed

for a 10- to 14day period

after each

spray. Under

heavy disease

pressure and/or

where there is

a high rainfall

and/or

irrigation, use

18.5-24.5 fl.

601a

oz./A. For light

disease

pressure and

dry

environmental

conditions

(non-irrigated,

low rainfall),

use 12.0-24.5 fl.

oz./A. For

control of

Pythium, a rate

of 24.5 fl. oz./A

is required.

Additional

applications of

other

fungicides on a

leaf spot

application

schedule will

be required to

provide seasonlong disease

control of the

leaf spot

diseases.

Applications

may be made

by ground, air

or chemigation.

An adjuvant

may be added

at specified

rates.

602a

Foliar

6.0-18.5 For foliar

Diseases

(0.10-0.30) disease control

Early Leaf Spot

only, a lower

(Cercospora

rate of

arachidicola)

Willowood

Late Leaf Spot

Azoxystrobin 2.

08SC may be

(Cercosporidium

personalum)

applied on a

Rust (Puccinia

10- to 14-day

arachidis) Web

interval.

Blotch (Phoma

Do not apply

arachidicola)

more than two

sequential

applications of

Willowood

Azoxystrobin

2.08SC or other

Group 11

fungicides

before

alternation

with a

fungicide that

is not in Group

11.

Specific Use Restrictions:

1) Do not apply more than 49 ft. oz. of

product/A/season.

2) Do not apply more than 0.8 lb. a.i./A/season of

azoxystrobin-containing products.

3) Do not apply within 14 days of harvest (14-day

PHI).

603a

Use Rate

fl. oz.

Target

product/A

Crop

Diseases

Remarks

(lb. a.i./A)

Pecans Anthracnose

6.0-12.0 Willowood

(Glomerella

(0.10-0.20) Azoxystrobin

cingulata) Scab

2.08SC

(Cladosporium

applications

caryigenum)

should begin

prior to disease

development and

continue

throughout the

season on 7- to

21-day intervals

following the

resistance

management

guidelines.

Applications may

be made by

ground, air or

chemigation. An

adjuvant may be

added at

specified rates.

Do not apply

more than two

sequential

applications of

Willowood

Azoxystrobin

2.08SC or other

Group 11

fungicides before

604a

alternation with

a fungicide that

is not in Group

11.

Specific Use Restrictions:

1) Do not apply more than 73.8 fl. oz. of

product/A/season.

2) Do not apply more than 1.2 lbs. a.i./A/season of

azoxystrobin-containing products.

3) Do not apply within 45 days of harvest (45-day

PHI).

Use Rate

fl. oz.

Target

product/A

(lb. a.i./A) Remarks

Crop

Diseases

Pistachios Alternaria Late 6.0-15.5 Willowood

Blight

(0.10-0.25) Azoxystrobin

(Alternaria

2.08SC

alternata)

applications

Botryosphaeria

should begin

Panicle and

prior to

Shoot Blight

disease

(Botryosphaeria

development

dothidea)

and continue

Septoria Leaf

throughout

Spot (Septoria

the season on

pistaciarum)

7- to 21-day

intervals

following the

resistance

management

guidelines.

Applications

605a

may be made

by ground,

air or

chemigation.

An adjuvant

may be

added at

specified

rates.

Do not apply

more than

two

sequential

applications

of Willowood

Azoxystrobin

2.08SC or

other Group

11 fungicides

before

alternation

with a

fungicide

that is not in

Group 11.

Specific Use Restrictions:

1) Do not apply more than 92.3 fl. oz. of

product/A/season.

2) Do not apply more than 1.5 lbs. a.i./A/season of

azoxystrobin-containing products.

3) Do not apply within 7 days of harvest (7-day

PHI).

606a

Use Rate

fl. oz.

Target

product/A

Crop

D

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Petition for Writ of Certiorari — Willowood, LLC, et al., Petitioners v. Syngenta Crop Protection, LLC | Frix