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The EPA began exploring the viability of the WDL for pesticide products in 2007, and in 2010 initiated a “user acceptance pilot” simulating the WDL via a website where users could provide feedback. The new guidance is a result of the pilot and while the EPA encourages use of the WDL, the practice is voluntary and does not relieve participants of compliance with any product-labeling requirements currently in place.
One of the first things to know is that the WDL is defined as “Legally valid labeling for a pesticide product that is accessed through the Internet and can be tailored to the product user’s intended state and site of application.” Anyone intending to provide the WDL must submit an application to the EPA for amended registration containing new labeling statements and, if approved, will be responsible for creating, publishing, and maintaining the website containing the WDL, in addition to all requirements related to printed labeling.
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The EPA recommends a number of label-specific changes to companies seeking approval for the WDL. This information must be provided on the printed label of a pesticide product* and must appear at the beginning of the directions for use immediately following any required text:
1. A statement directing the user to obtain additional labeling information from the website, including the URL;
2. A note confirming that the electronic version of the label is legally valid; and
3. When WDL information conflicts with printed label information, a statement that the user may choose only one set of labeling instructions.
In addition, the EPA states that “to facilitate linkage to labeling that changes over time,” product labels or containers using the WDL should also provide the date the product was released for shipment and a unique identifier. These are intended to be used to match the product with the correct set of the WDL and directions to the location of both the shipment date and unique identifier must be provided on the printed label and should be placed following the statement defined above.*
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Regarding the WDL provided by the website, the EPA also has specific recommendations. The first page of the WDL should contain two primary sets of information:
1. A statement that establishes the legal validity of the WDL, including the state, the product name, and the unique identifier*; and
2. An explanation of how labeling should be followed when multiple versions are available. The EPA recommends including information that the user must possess a copy of the labeling at the time of application, directions that the user rely on only one set of label instructions, and other compliance information*. The EPA also recommends this information be prominently placed such as at the top of the page following the restricted-use statement.
Each following page of the WDL should contain additional information*, including:
1. An abbreviated legal statement referencing the primary information provided on the first page. The EPA recommends placement of this information in a header at the top of each subsequent page;
2. A statement that the WDL was obtained by accessing the website URL and the date; and
3. A statement containing the product name followed by “Web-Distributed Labeling” and the page numbers in the format “page X of X pages.” The EPA recommends adding the text of both 2. and 3. in a footer on each page.
Registrants for the WDL may also include a “Quick Response Code” or similar symbol that can be scanned by handheld devices used to connect to the Internet and enable users to return to the website listed on the container label or other accompanying materials. Such codes would be considered labeling and as such would be subject to regulatory review by the EPA.
*The EPA provides recommended language for many required statements in the Pesticide Registration Notice available at http://www.epa.gov/oppfead1/cb/csb_page/updates/2014/pesticide-labeling-online-access.html.