UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                       WASHINGTON, D.C.  20460

October 9, 1992                                                PR NOTICE 92-4

        NOTICE TO MANUFACTURERS, FORMULATORS, PRODUCERS 
             AND REGISTRANTS OF PESTICIDE PRODUCTS 

ATTENTION:  Persons Responsible for Registration of Pesticides

SUBJECT:    Material Safety Data Sheets as Pesticide Labeling

     This Notice describes EPA's interpretation that a Material Safety Data
Sheet (MSDS) may accompany a pesticide or device without approval from EPA as
long as it does not conflict with approved pesticide labeling.  This policy
is effective immediately.


I.  BACKGROUND AND RATIONALE

     FIFRA Section 2(p)(2)(A) defines labeling as "all labels and all other
written, printed, or graphic matter accompanying the pesticide or device at any
time."  Therefore, an MSDS which accompanies a pesticide product is labeling.  

     However, EPA does not intend to review MSDSs as labeling at this time.
Instead, EPA will permit MSDS sheets to accompany a pesticide product under the
provisions of 40 CFR 152.46(b)(3). That section permits registrants to change a
product's labeling or packaging, including additions or changes required by
other Federal statutes or regulations, without notification to or approval by
the Agency, provided such labeling is consistent with the 40 CFR part 156
labeling requirements.  

     MSDSs, which are required by the Occupational Safety and Health Adminis-
tration, provide health and safety information to persons in an occupational
setting.  However, it is possible that information on an MSDS could conflict
with a pesticide label (e.g., personal protective equipment recommendations or
first aid directions).  Therefore, the registrant should assure that the MSDS
and the approved pesticide labeling are not in conflict.   EPA may find such
a conflict to be a misbranding violation under FIFRA section 12(a)(1)(E) as
defined in FIFRA section 2(q).


II. POLICY     

     An MSDS may accompany a pesticide or device as long as it does not conflict
with approved pesticide labeling.  MSDSs may be attached to or shipped with
pesticide containers so long as they do not obscure or conflict with the
pesticide labeling. 


III. EFFECTIVE DATE

     This policy is effective immediately.  


IV. FURTHER INFORMATION
     
     If you have questions regarding this policy you may contact Jeff Kempter,
Registration Division (703-305-5448).

                              Douglas D. Campt, Director
                              Office of Pesticide Programs

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