Section 18, FIFRA, Emergency Exemption from Pesticide Registration
What is the purpose of this emergency exemption?
Under Section 18 of the Federal Insecticide Fungicide and Rodenticide Act (FIFRA), WSDA can request an emergency exemption from federal registration in order to allow the use of an unregistered pesticide in an emergency situation. An emergency situation must be urgent and non-routine and may include: an outbreak of a new pest, development of resistance to existing pesticides, unusual weather conditions that caused a pest outbreak, or product cancellation. If you are dealing with an urgent, non-routine pest problem and have no viable options for control, you may have a valid reason for requesting a Section 18 emergency exemption.
What activities require this emergency exemption and who needs to get it?
Control of a pest in an emergency situation when there are no effective pesticide products that are registered to use and there are no other viable methods of control. A particular group of pesticide applicators, often times a commodity group such as the potato commission or hop commission on behalf of their members, normally apply for a Section 18 emergency exemption.
How do I apply?
You apply by completing a form located here.
How much will it cost?
WSDA does not require a fee to apply for a Section 18 emergency exemption.
Do I need to include anything with my application?
See “Guide For Requesting Section 18 Emergency Exemptions from Registration”:
General Information required:
1. Type of request: Specific Quarantine Public Health Crisis.
2. Contact persons (technical and economic).
3. Description of pesticide.
4. Description of proposed use.
5. Alternative methods of control.
6. Efficacy data – summarize data.
7. Residue data – summarize data, must support the proposed time-limited tolerance.
8. Risk information – summarize risks to human health and the environment, list proposed mitigation measures.
9. Acknowledgement of registrant.
10. Previous use under Section 18 (repeat requests only.)
11. Progress towards registration.
Information required for specific exemption, as appropriate:
1. Pest(s) to be controlled.
2. Events which brought about the emergency conditions.
3. Risks to T/E species, beneficial organisms, or environment that are mitigated.
4. Discussion of economic loss – Tier 1, 2, or 3 as appropriate.
Applicants for repeat Section 18 requests eligible for re-certification must submit a letter or email to WSDA certifying the following:
1. The emergency condition still exists.
2. The information is still accurate.
3. The conditions of use are identical.
4. Any conditions or limitations from previous exemptions are satisfied.
5. There are no new alternative control measures that are effective.
Re-certification requests cannot be submitted as regional requests.
The following items must be included with Section 18 requests (when applicable):
1. Letter of support from the registrant – all Section 18 requests.
2. Draft Section 18 label (1 copy) – all Section 18 requests.
3. Current federal label (1 copy) – all Section 18 requests.
4. Letter of support from a WSU researcher, extension specialist and/or other unaffiliated expert verifying the emergency condition – new Section 18 requests only.
5. Residue data (food or feed uses) – new Section 18 requests only, unless additional studies were conducted.
6. Efficacy data – new Section 18 requests only, unless additional studies were conducted.
7. Data on risks to human health and the environment – new Section 18 requests only, unless additional studies were conducted.
8. Aquatic risk assessment form (except for indoor and seed treatment uses) – new Section 18 requests only.
9. Use report - repeat Section 18 requests only. Also, be sure to include any data required by the EPA granting document (if applicable).
Is the Section 18 label format consistent with EPA and WSDA requirements?
1. All applicable requirements and conditions from the request (crop/site, use rate, restrictions, etc.) submitted by WSDA
2. Any additional requirements and conditions from the EPA granting document (including the EPA file symbol number, first use date and expiration date)
3. If the Section 18 label has a waiver of liability statement, it must be consistent with EPA and WSDA requirements
Is the decision to approve my request dependent on anything besides the information in my application?
General Information required:
1. Type of request: Specific Quarantine Public Health Crisis.
2. Contact persons (technical and economic).
3. Description of pesticide.
4. Description of proposed use.
5. Alternative methods of control.
6. Efficacy data – summarize data.
7. Residue data – summarize data, must support the proposed time-limited tolerance.
8. Risk information – summarize risks to human health and the environment, list proposed mitigation measures.
9. Acknowledgement of registrant.
10. Previous use under Section 18 (repeat requests only.)
11. Progress towards registration.
Information required for specific exemption, as appropriate:
1. Pest(s) to be controlled.
2. Events which brought about the emergency conditions.
3. Risks to T/E species, beneficial organisms, or environment that are mitigated.
4. Discussion of economic loss – Tier 1, 2, or 3 as appropriate.
Applicants for repeat Section 18 requests eligible for re-certification must submit a letter or email to WSDA certifying the following:
1. The emergency condition still exists.
2. The information is still accurate.
3. The conditions of use are identical.
4. Any conditions or limitations from previous exemptions are satisfied.
5. There are no new alternative control measures that are effective.
Re-certification requests cannot be submitted as regional requests.
The following items must be included with Section 18 requests (when applicable):
1. Letter of support from the registrant – all Section 18 requests.
2. Draft Section 18 label (1 copy) – all Section 18 requests.
3. Current federal label (1 copy) – all Section 18 requests.
4. Letter of support from a WSU researcher, extension specialist and/or other unaffiliated expert verifying the emergency condition – new Section 18 requests only.
5. Residue data (food or feed uses) – new Section 18 requests only, unless additional studies were conducted.
6. Efficacy data – new Section 18 requests only, unless additional studies were conducted.
7. Data on risks to human health and the environment – new Section 18 requests only, unless additional studies were conducted.
8. Aquatic risk assessment form (except for indoor and seed treatment uses) – new Section 18 requests only.
9. Use report - repeat Section 18 requests only. Also, be sure to include any data required by the EPA granting document (if applicable).
Is the Section 18 label format consistent with EPA and WSDA requirements?
Refer to the Section 18 guidance document and WAC 16-228-1400(2):
1. All applicable requirements and conditions from the request (crop/site, use rate, restrictions, etc.) submitted by WSDA
2. Any additional requirements and conditions from the EPA granting document (including the EPA file symbol number, first use date and expiration date)
3. If the Section 18 label has a waiver of liability statement, it must be consistent with EPA and WSDA requirements
Is the decision to approve my request dependent on anything besides the information in my application?
The U.S. Environmental Protection Agency (EPA) must grant the emergency exemption.
When will I receive the exemption?
The U.S. EPA has established a 50-day period to review Section 18 requests. WSDA also needs time to review and compose a petition to EPA. As a rule of thumb, the following time lines should be observed when submitting a Section 18 request:
- Request for a repeat Section 18: submit to WSDA at least 80 days prior to the earliest use.
- Request for a new Section 18: submit to WSDA at least 120 days prior to the earliest use.
How long is the exemption?
A Section 18 emergency exemption is valid for one specific growing season.
What is the legal authority?
As the state lead agency for pesticide regulation, WSDA has the authority to request an emergency exemption from registration under Section 18 of FIFRA. The requirements for pesticide product registration and emergency exemptions from registration are found in the Washington Pesticide Control Act (Chapter 15.58 RCW) and the General Pesticide Rules (WAC 16-228)
Contacts:
Email: pestreg@agr.wa.gov
Phone: 360-902-2030
Phone: 360-902-2030