Pesticides are federally registered by the U.S. Environmental Protection Agency (EPA) under Section 3 of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) as amended. This law also contains two provisions for states to obtain certain pesticide uses to address local pest management needs:
- Emergency exemptions from registration under Section 18
- Special local needs registrations under Section 24(c)
Emergency Exemptions Under Section 18
Section 18 of FIFRA provides that the Administrator of EPA may exempt certain federal and state agencies from any provision of the Act if it is determined that emergency conditions exist. A Section 18 authorizes EPA to allow states to use an unregistered use of a pesticide, or a pesticide that does not have a tolerance for the food or feed crop to be treated, for a limited time. Uses with existing tolerances can be registered under FIFRA Section 3 or 24(c).
EPA regulations for Section 18 provide four types of emergency exemptions: specific, public health, quarantine, and crisis.
Special Local Needs Registrations - Section 24(c)
In each state the department of agriculture is the designated lead agency responsible for registering pesticides to meet special local needs under section 24(c) of the FIFRA. A special local need (SLN) is defined as, "an existing or imminent pest problem within a State for which the State lead agency, based upon satisfactory supporting information, has determined that an appropriate federally registered pesticide is not sufficiently available."
Each state is authorized to register a new end use product for any use, or an additional use of a federally registered pesticide product, under the following conditions:
- There is a special local need for the 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 a food or feed use.
SLN registrations have been useful particularly to growers of minor crops, who often have limited access to pest management options. Types of SLN registration requests considered include: adding a crop or site; incorporating an alternate application method, such as chemigation or dip (e.g., for bulbs); changing application timing; encouraging the use of reduced-risk pesticides or pesticides that facilitate resistance management; or modifying the application rate.
Contact the local State Department of Agriculture for specific instructions on Section 18 and 24c registrations: