Section 18 Emergency Exemption


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Section 18 Emergency Exemption from Registration


Emergency Exemption


Under Section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), WSDA may apply to the U.S. Environmental Protection Agency (EPA) for a time-limited emergency exemption from federal registration to allow an unregistered use of a pesticide in an emergency pest situation. An emergency must be both urgent and non-routine and require the use of a pesticide.  

WSDA may request an emergency exemption when an emergency pest situation jeopardizes the production of agricultural goods, the environment, or public health and there are inadequate tools (including registered pesticides) to address the pest situation. Examples of events triggering an emergency could include an outbreak of a new pest, documented development of resistance in pests to existing pesticides, unusual weather conditions that caused a pest outbreak, or product cancellation. Emergencies are not common.

Registrants for products may not submit Section 18 requests to WSDA. Applicants typically include Washington State University (WSU) research and extension specialists, agricultural consultants, and/or commodity organizations.

Application and Review Process

  • Persons interested in submitting an application package should contact WSDA first.
  • There is no fee to apply for a Section 18 emergency exemption.
  • An applicant should submit a complete application package to WSDA as early as possible and, when possible, at least 120 days before the intended use of the product.
  • The WSDA review process begins when an applicant submits a complete application package.
  • WSDA reviews the application package, requests additional information or clarification as needed, and determines whether to submit the request to EPA for a thorough review and final decision. 
  • For more information on EPA’s process visit EPA’s Pesticide Emergency Exemptions web page.

Contact

Matt Sunseri
(360) 902-2078
msunseri@agr.wa.gov