In the April 5 issue of the Bulletin, Kevin Steffey discussed Section 2(ee) supplemental pesticide labeling. As you'll recall, companies issue Section 2(ee) recommendations for products to control pests in crops for which the products are already registered. These recommendations allow companies to offer quick "updates" before the federal (Section 3) label is amended. This article explains two other, often confusing, types of supplemental labels that also merit your attention.|
Section 24(c) Registration
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, 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 productunless 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 IDoA's Bureau of Environmental Programs is responsible for registering pesticides for special local needs in Illinois. Specific items or documents are requested to be included in each special local needs 24(c) packet sent to Illinois 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 (http://www.pesticide.net/cfr/index.htm). 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 outbreak 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 (http://www.pesticide.net/cfr/index.htm). For detailed information about this type of registration, see http://www.epa.gov/opprd001/section18.
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.--Bruce Paulsrud
Source: Illinois Pesticide Applicator Training Manual 39-13: Demonstration and Research, University of Illinois Extension, 2001.