1. A. Content of active ingredients on all pesticides should be at the level of guarantee. However, determination of compliance based on assay of a single sample shall be made as follows.

   1. 1. A single sample whose assay deviates below the stated guarantee shall be considered in compliance except as noted in Paragraph 2, below, if its active ingredients are found to be within the following ranges.

      Active Ingredient Percent Guaranteed	Allowable Deviation below Guarantee
      Up to 1.00 percent	15 percent of Guarantee
      1.01 percent-19.99 percent	0.1 plus 5 percent of Guarantee
      20.00 percent-49.99 percent	0.5 plus 3 percent of Guarantee
      50.00 percent-100.00 percent	1.0 plus 2 percent of Guarantee

   2. 2. A single sample whose assay deviates below the stated guarantee beyond the above limits may not be considered deficient if special sampling problems such as those associated with fertilizer-pesticide mixtures and granular formulations or if problems associated with accuracy, specificity or reproducibility of the method of analysis can reasonably be expected to have contributed to the lower assay.

   3. 3. A single sample whose assay ranges above the stated guarantee shall be judged individually. However, an assay ranging above the stated guarantee shall not be considered violative if:

      1. a. no illegal residue can be expected to result when product is used according to label directions;
      2. b. no significant increase in hazard to man or the environment can be expected to result when product is used according to label directions;
      3. c. stability of the formulation or ingredients thereof require over-formulation to insure that assay over a period stated on the label shall not fall below the minimum provided in Paragraph 1, above.

Authority Note

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:3225 and R.S. 3:3271.

Historical Note

HISTORICAL NOTE: Promulgated by the Department of Agriculture, Advisory Commission of Pesticides, LR 11:943 (October 1985), repromulgated by Department of Agriculture and Forestry, Office of Agricultural and Environmental Sciences, Advisory Commission on Pesticides, LR 37:3468 (December 2011).