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
iiia
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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