Pub. L. 104-170, tit. II, subtit. B, sec. 223
LABEL AND LABELING.
SEC. 223. LABEL AND LABELING. Section 3(c) (7 U.S.C. 136a(c)) is amended by adding at the end the following: “(9) Labeling.— “(A) Additional statements.— Subject to subparagraphs (B) and (C), it shall not be a violation of this Act for a registrant to modify the labeling of an antimicrobial pesticide product to include relevant information on product efficacy, product composition, container composition or design, or other characteristics that do not relate to any pesticidal claim or pesticidal activity. “(B) Requirements.— Proposed labeling information under subparagraph (A) shall not be false or misleading, shall not conflict with or detract from any statement required by law or the Administrator as a condition of registration, and shall be substantiated on the request of the Administrator. “(C) Notification and disapproval.— “(i) Notification.— A registration may be modified under subclause (A) if— “(I) the registrant notifies the Administrator in writing not later than 60 days prior to distribution or sale of a product bearing the modified labeling; and “(II) the Administrator does not disapprove of the modification under clause (ii). “(ii) Disapproval.— Not later than 30 days after receipt of a notification under clause (i), the Administrator may disapprove the modification by sending the registrant notification in writing stating that the proposed language is not acceptable and stating the reasons why the Administrator finds the proposed modification unacceptable. 110 STAT. 1504 “(iii) Restriction on sale.— A registrant may not sell or distribute a product bearing a disapproved modification. “(iv) Objection.— A registrant may file an objection in writing to a disapproval under clause (ii) not later than 30 days after receipt of notification of the disapproval. “(v) Final action.— A decision by the Administrator following receipt and consideration of an objection filed under clause (iv) shall be considered a final agency action. “(D) Use dilution.— The label or labeling required under this Act for an antimicrobial pesticide that is or may be diluted for use may have a different statement of caution or protective measures for use of the recommended diluted solution of the pesticide than for use of a concentrate of the pesticide if the Administrator determines that— “(i) adequate data have been submitted to support the statement proposed for the diluted solution uses; and “(ii) the label or labeling provides adequate protection for exposure to the diluted solution of the pesticide.”.