Atch 5b - Exhibit 3 Fipronil Label.pdf

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, DC 20460

PRIA Non-New-Use Label Acceptable v.20150320

OFFICE OF CHEMICAL SAFETY

AND POLLUTION PREVENTION

November 27, 2019

Sue Valentine

Regulatory Manager

Scimetrics Limited Corp.

PO Box 1045

Wellington, CO 80549-1045

Subject: PRIA Label Amendment – Revise Rates

Product Name: Flea Control Bait with Fipronil

EPA Registration Number: 72500-28

Application Date: 5/23/2019

Decision Number: 551444

Dear Ms. Valentine:

The amended label referred to above, submitted in connection with registration under the Federal

Insecticide, Fungicide and Rodenticide Act, as amended, is acceptable. This approval does not affect any conditions that were previously imposed on this registration. You continue to be subject to existing conditions on your registration and any deadlines connected with them.

A stamped copy of your labeling is enclosed for your records. This labeling supersedes all previously accepted labeling. You must submit one copy of the final printed labeling before you release the product for shipment with the new labeling. In accordance with 40 CFR 152.130(c), you may distribute or sell this product under the previously approved labeling for 18 months from the date of this letter. After 18 months, you may only distribute or sell this product if it bears this new revised labeling or subsequently approved labeling. “To distribute or sell” is defined under FIFRA section 2(gg) and its implementing regulation at 40 CFR 152.3.

Should you wish to add/retain a reference to the company’s website on your label, then please be aware that the website becomes labeling under the Federal Insecticide Fungicide and Rodenticide

Act and is subject to review by the Agency. If the website is false or misleading, the product would be misbranded and unlawful to sell or distribute under FIFRA section 12(a)(1)(E). 40

CFR 156.10(a)(5) list examples of statements EPA may consider false or misleading. In addition, regardless of whether a website is referenced on your product’s label, claims made on the website may not substantially differ from those claims approved through the registration process.

Therefore, should the Agency find or if it is brought to our attention that a website contains false or misleading statements or claims substantially differing from the EPA approved registration, the website will be referred to the EPA’s Office of Enforcement and Compliance.

Your release for shipment of the product constitutes acceptance of these conditions. If these conditions are not complied with, the registration will be subject to cancellation in accordance

EPA Reg. No. 72500-28

Decision No. 551444 with FIFRA section 6. If you have any questions, please contact Matt Aubuchon by phone at

703-347-0477, or via email at aubuchon.matthew@epa.gov.

Sincerely, Jacquelyn Herrick, Product Manager 03

Invertebrate & Vertebrate Branch 1

Registration Division (7505P)

Office of Pesticide Programs

Enclosure

72500-28: Page 1 of 4 Amendment to SAL02.15.18

UPDATED LABEL 11.26.2019

{Front Panel}

Restricted Use Pesticide Due to Need for Highly Specialized Applicator Training

For retail sale to and use only by Certified Applicators or persons under their direct supervision and only for those uses covered by the Certified Applicator’s certification.

Flea Control Bait With Fipronil

Active Ingredient:

Fipronil (CAS Number 120068-37-3) ................................................... 0.005% Other Ingredients ...................................................................................... 99.995% Total ............................................................................................................ 100.000%

Keep Out of Reach of Children

CAUTION

See back panel [below] for First Aid and Precautionary Statements.

EPA Reg. No. 72500-28 EPA Est. 72500-CO-1

Net Weight:

4 – 50 lbs. [1.81 – 22.7 kg]

[More Than Rodent Management Products]

{Back Panel/ Below}

First Aid Have the product container or label with you when calling a poison control center or doctor, or going for treatment.

You may also contact the National Poison Control Center at 1-800-222-1222 for emergency medical treatment information.

If swallowed, immediately call a poison control center or doctor for treatment advice. Have person sip a glass of water if able to swallow. Do not induce vomiting unless told to do so by the poison control center or doctor. Do not give anything by mouth to an unconscious person.

Note to Physician: No specific antidote is available; treat the patient symptomatically.

PRECAUTIONARY STATEMENTS

Hazards to Humans and Domestic Animals

CAUTION: Keep away from children, domestic animals and pets. Avoid contact with eyes, skin and clothing. Wash arms, hands and face with soap and water after applying and before eating, drinking, chewing gum, using tobacco or using the toilet. Applicators must wear long-sleeved shirt, long pants, socks, shoes and waterproof gloves.

User Safety Requirements Follow manufacturer’s instructions for cleaning/maintaining personal protective equipment (PPE). If no such instructions for washables, use detergent and hot water. Keep and wash PPE separately from other laundry.

11/27/2019

72500-28

72500-28: Page 2 of 4

Environmental Hazards This product is toxic to aquatic invertebrates. Do not apply this product directly to water, or to areas where surface water is present or to intertidal areas below the mean high water mark. Do not contaminate water when disposing of equipment washwaters.

DIRECTIONS FOR USE

Restricted Use Pesticide

It is a violation of Federal law to use this product in a manner inconsistent with its labeling.

This label must be in the user’s possession at the time of application of this product.

Apply this product only for the sites, pests and application methods specified on this label.

Read this Label:

Read this entire label and follow all use directions and use precautions.

IMPORTANT: Do not expose children, pets or other domestic animals to this product. To help prevent accidents:

1. Store product not in use in locations out of reach of children, pets and other animals.

2. Keep pets and livestock out of treated areas until bait has been consumed by the rodents.

3. Dispose of product container, unused, spoiled or unconsumed bait as directed on this label.

Use Restrictions: Use this product to kill flea populations on prairie dogs of the Genus Cynomys in parks, golf courses, non-crop rights-of-way and other non-crop areas. The insecticide in this product acts systemically to kill fleas (Oropsylla spp.) that commonly infest prairie dogs. Do not apply bait over roads, walkways or water.

Wear waterproof gloves when applying bait. With detergent and hot water, wash all utensils used for applying bait.

Do not use these utensils for mixing, holding or transferring foods or feeds.

Baiting: Scatter ½ cup (approx. 4 oz.) of bait on ground within 6 feet of each burrow opening used by prairie dogs.

The openings of active burrows will generally be free of leaves, seeds, other debris or spiderwebs, and will show freshly turned earth, and have prairie dog feces nearby.

Bait spoons, measuring cups or other suitable implements may be used to measure and distribute bait. Maximum rate per baiting application per acre is 20 lbs. of Flea Control Bait with Fipronil (0.001 lbs. AI). 20 lbs. treat 80 burrows per acre.

Follow-Up Applications: Applications may be repeated every three months, using ½ cup of bait per active burrow.

Do not exceed 4 baiting applications in a 12-months period. Do not exceed at total of 80 lbs. of product (0.004 lbs.

AI) per acre in a 12-months period.

Storage and Disposal Do not contaminate water, food or feed by storage or disposal.

Pesticide Storage: Store in original container in a cool, dry place inaccessible to children and pets. Pesticide Disposal: Wastes resulting from the use of this product may be disposed of on site or at an approved waste disposal facility. Container Handling: {Plastic Buckets} Non-refillable container; do not reuse or refill this container. Offer for recycling, if available, or reconditioning, if appropriate; otherwise, dispose of empty container in a sanitary landfill; or by incineration.

{Plastic Bags} Non-refillable container; do not reuse or refill this container. Completely empty bag then offer for recycling, if available; otherwise, dispose of empty bag in a sanitary landfill; or by incineration.

72500-28: Page 3 of 4

WARRANTY

To the extent consistent with applicable law, Manufacturer and Seller make no warranty, express or implied, concerning the use of this product other than indicated on the label. Buyer assumes all risk of use and/or handling of this material when such use/handling is contrary to label instructions.

[WARRANTY DISCLAIMER

The directions for use of this product must be followed carefully. TO THE EXTENT CONSISTENT WITH APPLICABLE LAW, (1) THE GOODS DELIVERED TO YOU ARE FURNISHED “AS IS” BY MANUFACTURER OR

SELLER, AND (2) MANUFACTURER AND SELLER MAKE NO WARRANTIES, GUARANTEES OR

REPRESENTATIONS OF ANY KIND TO BUYER OR USER, EITHER EXPRESS OR IMPLIED, OR BY USAGE OF TRADE, STATUTORY OR OTHERWISE, WITH REGARD TO THE PRODUCT SOLD, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USE OR ELIGIBILITY OF THE PRODUCT FOR ANY PARTICULAR TRADE USAGE. TO THE EXTENT CONSISTENT WITH APPLICABLE LAW, UNINTENDED CONSEQUENCES, INCLUDING BUT NOT LIMITED TO INEFFECTIVENESS MAY RESULT

BECAUSE OF SUCH FACTORS AS THE PRESENCE OR ABSENCE OF OTHER MATERIALS USED IN

COMBINATION WITH THE GOODS, OR THE WEATHER, WIND, AND TEMPERATURE, OR THE MANNER OF USE OR APPLICATION, ALL OF WHICH ARE BEYOND THE CONTROL OF MANUFACTURER OR SELLER, AND

ASSUMED BY BUYER OR USER. THIS WRITING CONTAINS ALL OF THE REPRESENTATIONS AND

AGREEMENTS BETWEEN BUYER OR MANUFACTURER, AND SELLER, AND NO PERSON OR AGENT OF

MANUFACTURER OR SELLER HAS ANY AUTHORITY TO MAKE ANY OTHER REPRESENTATION OR

WARRANTY OR AGREEMENT RELATING IN ANY WAY TO THESE GOODS. NO WARRANTIES SHALL BE

CREATED BY COURSE OF DEALING, USAGE OF TRADE, OR COURSE OF PERFORMANCE. THERE ARE NO

WARRANTIES THAT EXTEND BEYOND THE FACE HEREOF.

LIMITATION OF LIABILITY

TO THE EXTENT CONSISTENT WITH APPLICABLE LAW, IN NO EVENT SHALL MANUFACTURER OR SELLER BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR DAMAGES IN THE NATURE OF PENALTIES RELATING TO THE GOODS SOLD, INCLUDING USE, APPLICATION, HANDLING, AND

DISPOSAL. TO THE EXTENT CONSISTENT WITH APPLICABLE LAW, NEITHER MANUFACTURER NOR

SELLER SHALL BE LIABLE TO BUYER OR USER OR TO CUSTOMERS OF BUYER, IF ANY, FOR

INDEMNIFICATION OR ANY DAMAGES OR SUMS OF MONEY, CLAIMS OR DEMANDS WHATSOEVER,

RESULTING FROM OR BY REASON OF, OR RISING OUT OF THE USE, MISUSE, OR FAILURE TO FOLLOW LABEL WARNINGS OR INSTRUCTIONS FOR USE, OF THE GOODS SOLD. TO THE EXTENT CONSISTENT WITH APPLICABLE LAW, ALL SUCH RISKS SHALL BE ASSUMED BY THE BUYER, USER, OR CUSTOMERS.

TO THE EXTENT CONSISTENT WITH APPLICABLE LAW, BUYER'S OR USER'S EXCLUSIVE REMEDY, AND MANUFACTURER'S OR SELLER'S TOTAL LIABILITY, SHALL BE FOR DAMAGES NOT EXCEEDING THE PURCHASE PRICE OF THE GOODS AND, IF BUYER OR USER WISHES, THE RETURN OF THE GOODS BY

BUYER TO SELLER.]

[Pest Management Solutions]

P.O. Box 1045 Wellington, CO 80549-1045

(970) 482-1330 customerservice@kaputproducts.com

{Optional Marketing Statements:}

72500-28: Page 4 of 4

A Bait Containing an Insecticide to Kill Oropsylla spp. Fleas on Host Prairie Dogs This bait is NOT lethal to the host prairie dogs Grain Bait Formula Kills Oropsylla spp. Fleas on Host Prairie Dog Kills Oropsylla spp. Fleas, not the Prairie Dog Made in USA Patent No. US 7,943,160 B2

[ ] Denotes optional/alternate language { } Denotes language that does not appear on the market label