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The amended FIFRA (Federal Insecticide, Fungicide, and Rodenticide Act)
permits a state to provide registration for additional uses of
federally registered pesticides for distribution and use within that
state to meet "special local needs." Such registrations are referred
to as state labels, special local needs, or 24(c) registrations and
are considered as federal registrations that authorize distribution
and use only within the granting state. Such registrations are subject
to all provisions of FIFRA that apply to currently registered
products, including cancellations, renewals, and suspensions.
A special local need is defined as a situation in which an
appropriate, federally registered product is not sufficiently
available for an existing or imminent pest problem within a state, as
determined by the state lead agency (for example, the Illinois
Department of Agriculture, IDoA), based on satisfactory supporting
information. States are authorized to register a new product for any
use, or an additional use of a federally registered pesticide product,
if the following conditions exist:
- A special local need exists for its use within the state.
- The use is covered by necessary tolerances, exemptions, or
other clearances under the Federal Food, Drug, and Cosmetic Act
if the use is for food or feed use.
- Registration for the same use has not previously been denied,
disapproved, suspended, or canceled by the administrator due to
health or environmental concerns about an ingredient contained in
the pesticide product--unless such denial, disapproval,
suspension, or cancellation has been suspended by subsequent
action of the USEPA.
- Registration would be in accord with the purposes of FIFRA.
States may not register a new product that contains any active or
inert ingredient not found in a federally registered product.
The pesticide regulatory agency in each state is responsible for
registering pesticides for special local needs. Specific items or
documents are requested to be included in each special local needs
24(c) packet sent for consideration. Documentation requirements vary,
based on the proposed changes to the label, and may include data on
pesticide residue, metabolism, and environmental fate. If disapproved
by the USEPA administrator, a registration issued by a state for
special local needs shall not be effective for more than 90 days. If
the registration is inconsistent with the Federal Food, Drug, and
Cosmetic Act or constitutes an imminent hazard, the administrator may
immediately disapprove the registration. Section 24(c) pesticide
registrations are governed by Title 40 of the Code of Federal
Regulations, Part 162. For detailed information about this type of
registration, see
http://www.epa.gov/opprd001/24c .
Section 18 Registration
Amended FIFRA makes it illegal to use a pesticide for any reason
unless it has been registered for that use or purpose. However, there
are situations for which a registered pesticide is not available for a
certain use. An outbreak of a previously minor pest may occur on a
crop for which no registered pesticide is available for use on that
crop. If the crop is a food crop and no tolerance exists on that crop,
a state 24(c) label cannot be obtained. Amended FIFRA provides for
emergency use of pesticides in these situations or others similar to
it. A state may obtain permission to use an unregistered pesticide in
an emergency when a registered pesticide is not available to control
the pest problem. FIFRA provides for three types of exemptions:
1. Specific exemption. When a pest out-break has occurred or
is about to occur and a registered pesticide for that use or purpose
is not available, a request for an exemption to use a certain
pesticide to control the outbreak may be made by the state lead agency
(IDoA). Information including the nature, scope, and frequency of the
problem; the pest involved; which pesticide or pesticides will be used
and in what amounts; the economic benefits anticipated; and an
analysis of possible adverse effects must be supplied. The USEPA
grants the exemptions. Reports must be filed when the treatment is
over. A specific exemption is good only for a specified amount of time
and for a designated area.
2. Quarantine or public
health exemption. This exemption may be granted to prevent the
introduction or spread of a foreign pest into or throughout the United
States, or to prevent a public health problem. No pesticide that has
been suspended by the USEPA may be used. The procedure for requesting
this exemption is the same as for the specific exemption.
3. Crisis exemption. A
crisis exemption may be used if a pesticide registered to control or
eradicate the pest is not readily available and there is not time to
request and get approval for a specific exemption. However, the state
must notify the USEPA at least 36 hours in advance of utilization of
the crisis provisions to allow a cursory review of the proposed use.
If concerns are noted, the USEPA confers with the state and may not
allow a crisis to be declared. The duration of a crisis exemption is
short (maximum of 15 days, unless application for a specific exemption
has been submitted), and no pesticide that has been suspended or
canceled may be used. Within 3 months following the last date of
treatment, the state must file information similar to that required
for the specific exemption.
Section 18 pesticide registrations are governed by Title 40 of the
Code of Federal Regulations, Part 166.
Please note: If you wish to apply a pesticide for a use covered by
a Section 24(c) or Section 18 supplemental label you must have a copy
of that label in your possession at the time of use. You can obtain
these labels from your pesticide dealer or directly from the pesticide
manufacturer. Remember that these labels specifically state where,
how, and for how long the product may be used.
Source:
Illinois
Fruit and Vegetable News, Vol. 8, No. 5, April 25, 2002;
http://www.aces.uiuc.edu/~ipm/news/frveg0205.html.
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