Incident Report

Subform I: General Information

1. Report Type.

New incident report

Incident Report Number: 2007-6511

2. Registrant Information.

Registrant Reference Number: PROSAR Case 1-15203601

Registrant Name (Full Legal Name no abbreviations): The Scotts Company LLC

Address: 14111 Scottslawn Road

City: Marysville

Prov / State: Ohio

Country: USA

Postal Code: 43041

3. Select the appropriate subform(s) for the incident.

Human

4. Date registrant was first informed of the incident.

10-AUG-07

5. Location of incident.

Country: UNITED STATES

Prov / State: NORTH DAKOTA

6. Date incident was first observed.

28-MAY-07

Product Description

7. a) Provide the active ingredient and, if available, the registration number and product name (include all tank mixes). If the product is not registered provide a submission number.

Active(s)

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PMRA Registration No.       PMRA Submission No.       EPA Registration No.

Product Name: Ortho Weed-B-Gon Max - EPA: 239-2682

• Active Ingredient(s)
  • 2,4-D (PRESENT AS AMINE SALTS : DIMETHYLAMINE SALT, DIETHANOLAMINE SALT, OR OTHER AMINE SALTS)
    • Guarantee/concentration .12 %
  • DICAMBA (PRESENT AS ACID, AMINE SALT, ESTER, OR SODIUM SALT)
    • Guarantee/concentration .05 %
  • MECOPROP (PRESENT AS AMINE SALTS)
    • Guarantee/concentration .22 %

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7. b) Type of formulation.

Liquid

Application Information

8. Product was applied?

Yes

9. Application Rate.

Unknown

10. Site pesticide was applied to (select all that apply).

Site: Res. - Out Home / Rés - à l'ext.maison

11. Provide any additional information regarding application (how it was applied, amount applied, the size of the area treated etc).

To be determined by Registrant

12. In your opinion, was the product used according to the label instructions?

Unknown

Subform II: Human Incident Report (A separate form for each person affected)

1. Source of Report.

Data Subject

2. Demographic information of data subject

Sex: Male

Age: Unknown / Inconnu

3. List all symptoms, using the selections below.

System

• Eye
  • Symptom - Other
  • Specify - Visual defect
  • Symptom - Other
  • Specify - Stroke in the eye

4. How long did the symptoms last?

Unknown / Inconnu

5. Was medical treatment provided? Provide details in question 13.

Yes

6. a) Was the person hospitalized?

Yes

6. b) For how long?

1

Day(s) / Jour(s)

7. Exposure scenario

Non-occupational

8. How did exposure occur? (Select all that apply)

Application

9. If the exposure occured during application or re-entry, what protective clothing was worn? (select all that apply)

None

10. Route(s) of exposure.

Eye

11. What was the length of exposure?

Unknown / Inconnu

12. Time between exposure and onset of symptoms.

>8 hrs <=24 hrs / > 8 h < = 24 h

13. Provide any additional details about the incident (eg. description of the frequency and severity of the symptoms, type of medical treatment, results from medical tests, outcome of the incident, amount of pesticide exposed to, etc.)

History: Caller states he used the product on 5-28-07, reports "some water splashed back on me when disconnecting from the hose, thought it was just on my glasses, didn't seem like any got in my eyes, it didn't burn, I think I rinsed my eyes." Went to the hospital "a couple hours after" exposure with visual disturbances, stayed overnight, states, "the Dr. said I had a stroke from it." Reports the stroke was "in his eye" not his brain, doesn't remember what treatment was done at the hospital. States "in my right eye, all I can see is a plain white spot, it is not as bad as it was." Last saw HCP on 5-31-07, has follow-up on 9-26-07, has been instructed to flush eyes with water daily. When trying to gather specific product information, caller states "it is out in the garage, I don't want to touch it." Assessment: - Direct ocular exposure to the product might result in irritation, such as stinging and redness, which would be expected to resolve following irrigation. - No significant eye damage would be expected following this type of exposure. - The SX described would not be expected following an exposure to this product. - Recommended to continue following up with HCP for treatment. - Case # given, encouraged to call back with any additional questions or concerns. Note: Based on the toxicologic profile of the product and the alleged contact/effect in the incident description, the symptoms alleged would be inconsistent with what would be expected from the described product contact.

To be determined by Registrant

14. Severity classification.

Major

15. Provide supplemental information here.