(b) EPA response to violations. Except as provided in paragraph (b) of this section, all pesticide products produced for export which cannot be sold for use in the United States in the form that they are produced for export, are considered to be unregistered pesticides. 1/1.1 Under the authority of 24 (c) of FIFRA, states may register an additional use of a federally registered pesticide product, or a new end use product to meet special local needs. Key Federal Facility Responsibilities Under FIFRA. (1) A State may, by submitting a State plan, request the Administrator to authorize the designated State agency to issue experimental use permits under section 5(f) of FIFRA. 30, 1975, as amended at 60 FR 32097, June 19, 1995]. This document is available in the following developer friendly formats: Information and documentation can be found in our (iv) A use of a product which may involve use in or on food or feed other than as authorized under 172.24(d), Requirement of tolerance. information or personal data. Failure to comply with EPA's request shall result in automatic revocation of the exemption from the requirement to submit a Notification. (1) To any person for the purpose of gathering the data necessary to support the State registration of a pesticide to meet special local needs under section 24(c), FIFRA. (3) Is a parasitically replicating microscopic element, including, but not limited to, viruses. ID090015.R7 Page 2 of 2 R&RA 10/9/2020 Zeal Miticide1 Alfalfa Grown for Seed CROP . The method of such destruction or disposition shall be provided in the application for the permit. The report must be in writing, signed by the exporter, and include the following information: (1) Name, address, and EPA identification number if applicable, of the exporter. (1) Selection and use of containment and inactivation controls for a particular microbial pesticide shall take into account the following: (i) Factors relevant to the microbial pesticide's ability to survive in the environment. 30, 1975, unless otherwise noted. The Experimental Use Permit shall be issued when the Administrator determines that the conditions of section 5 of the Act, and the regulations thereunder, have been met subject to such terms and conditions as the Administrator determines are warranted. (a) Any export pesticide product that does not meet the terms of 168.69 is an unregistered export pesticide product for purposes of this subpart. 136 et seq., particularly FIFRA sections 3 and 25. (a) Initiation of the exemption process. This contact form is only for website help or website suggestions. (i) The name and address of the applicant; (ii) The registration number of the product, if registered; (iii) The purpose or objectives of the proposed testing; a description in detail of the proposed testing program including test parameters; a designation of the pest organism(s) involved; the amount of pesticide product proposed for use; the crops, fauna, flora, sites, modes, dosage rates, and situation of application on or in which the pesticide is to be used; the States in which the proposed program will be conducted; the number of acres, number of structural sites, or number of animals by State to be treated or included in the area of experimental use; the proposed dates or period(s) during which the testing program is to be conducted; and the manner in which supervision of the program will be accomplished; (iv) The name, street address, telephone number, and qualifications of all participants in the program (whether or not in the employ of the applicant). SECTION 1. Do not enter or allow worker entry into treated areas during the restricted entry interval (REI) of 12 . Any differences in formula or composition caused by adding a List 4 inert must be reflected in records which show the complete formula of the export product in accordance with the requirements of 169.2 and this policy. guide. Program surveillance and reporting of data. (iii) An exporter bears the burden of demonstrating that the product meets these criteria before the research product is shipped. [44 FR 41787, July 18, 1979, as amended at 50 FR 49020, Nov. 27, 1985; 73 FR 75599, Dec. 12, 2008]. Name and address of the producer or registrant. The method of destruction or disposal shall be described in the application for the permit. (ii) Grant the petition and publish a notice of proposed rulemaking in the Federal Register for a 45day comment period proposing an exemption under such terms and conditions as EPA deems appropriate. Organization and Purpose (iii) The method of disposition of affected food and/or feed. Inversions of genetic material means the replacement of an internal section of a chromosome in the reverse orientation. Terms used in this subpart shall, with the exception of those defined below, have the meaning set forth in the Act and in 172.1. PDF Section 24(c) Registration LIST OF ACTIVE FIFRA SECTION 24(c) SPECIAL LOCAL NEED LABELS License Number Product Name. Title 40 was last amended 7/13/2023. Containment and inactivation controls means any combination of mechanical, procedural, or biological controls designed and operated to restrict environmental release of viable microorganisms from a facility. (e) The identity of possible transmission vectors (e.g., insects). If you have comments or suggestions on how to improve the www.ecfr.gov website or have questions about using www.ecfr.gov, please choose the 'Website Feedback' button below. ( b) Authority. Any Federal agency which seeks relief from any FIFRA requirement in an emergency condition must request an exemption pursuant to 18 of FIFRA. JavaScript appears to be disabled on this computer. Pressing enter in the search box (iii) Contain a prominent notice of the limitations on use under the section 18 emergency exemption. 1 CFR 1.1 It also sets forth regulations governing authorization by the Administrator of State experimental use permit programs. The Agency has 90 days to disapprove the registration. No changes found for this content after 1/03/2017. result, it may not include the most recent changes applied to the CFR. EPA interprets these provisions as extending to advertisements in any advertising medium to which pesticide users or the general public have access. (eg: EPA will not consider an exporter of an unregistered pesticide to be in violation of FIFRA section 17(a)(2) if, prior to export of the pesticide, the exporter submits to EPA a statement signed by the foreign purchaser which affirms that the purchaser is aware that the pesticide is not registered for use in the United States and cannot be sold for use in the United States. FIFRA Section 24(c) Special Local Need. (C) The exporter must sign a statement certifying that export did not take place until a signed purchaser acknowledgement statement was received. (a) Each export pesticide product that is registered under FIFRA section 3 or FIFRA section 24(c) must bear labeling approved by EPA for its registration or collateral labeling in compliance with 168.66. Notwithstanding any claim of confidentiality, the purchaser acknowledgement statement will continue to be forwarded to the appropriate foreign government officials in its entirety, as required by section 17(a)(2). If the experimental use pesticide is to be used in or on food or feed, the applicant must, (i) A tolerance or exemption from the requirement of a tolerance has been established for residues of the pesticide in or on such food or feed under section 408 of the Federal Food, Drug and Cosmetic Act; and, (ii) The proposed program would not reasonably be expected to result in residues of the pesticide in or on such food or feed in excess of that authorized under section 408 of the Federal Food, Drug and Cosmetic Act; and, (iii) All inert ingredients in the pesticide are exempted from the requirement of a tolerance under the appropriate section of 40 CFR part 180, subpart D; or. Under the authority of section 24 (c) of FIFRA, Minnesota may register a new end use product for any use, or an additional use of a federally registered pesticide product, if the following conditions exist: There is a special local need for the use within the state. At the discretion of the exporter, the requirements of paragraph (c)(1) of this section may be met on a per-shipment or annual basis, as stated in paragraphs (c)(2)(i) and (c)(2)(ii) of this section. Pesticide Product - Kansas Department of Agriculture Except as provided by paragraph (b) of this section, all pesticides shipped or used under an experimental use permit shall be labeled with directions and conditions for use which shall include the following: (1) The prominent statement, For Experimental Use Only; (3) The statement, Not for sale to any person other than a participant or cooperator of the EPA-approved Experimental Use Program; (5) The name and address of the permittee, producer, or registrant; (9) Any appropriate limitations on entry of persons into treated areas; (10) The establishment registration number, except in those cases where application of the pesticide is made solely by the producer; and. States cannot issue permits for pesticides suspended or canceled by EPA. (d) The examples in paragraphs (c)(1), (c)(2), and (c)(3) of this section are not all-inclusive and do not preclude testing in larger areas or larger numbers of units if the intended use meets the criteria of paragraph (a) of this section. Section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) as amended, provides the federal requirements for pesticide registration. No person in any State may distribute or sell to any person any pesticide that is not registered pursuant to 3 of FIFRA. The Environmental Protection Agency (EPA) is proposing to codify product performance data requirements to support registration of pesticidal products claiming efficacy against three categories of invertebrate pests: Those identified to be of significant public health importance ( e.g., ticks, mosquitoes, cockroaches, etc. In 1972, the Federal Environmental Pesticide Control Act amended FIFRA, as did the Pesticide Registration Improvement Act of 2003. FIFRA section 24(c) authorizes states to issue registrations for additional uses of pesticide products currently registered under section 3 to meet special local needs. In addition to the requirement that a copy of the purchaser acknowledgement statement be kept, as stated at 169.2(h)(3) of this chapter, the following records must be maintained: (i) Copies of the instructions provided to foreign purchasers in accordance with paragraphs (c)(2)(i)(A) and (c)(2)(ii)(A) of this section. Section 172.4 is also issued under 31 U.S.C. sec. (ii) To supervise use pursuant to the permits, and to ensure that permits are used in accordance with their terms and conditions, FIFRA, and this subpart. 136c, 136w. If a pesticide is found to be efficacious by any State under section 24(c) of this Act, a presumption is established that the Administrator shall waive data requirements pertaining to efficacy for use of the pesticide in such State. user convenience only and is not intended to alter agency intent Additionally, 25(c)(3) requires EPAs CRP standards to be consistent with those established under the Poison Prevention Packaging Act of 1970. Section 14(b) of FIFRA pertains to the assessment of criminal penalties for violations of FIFRA and its implementing regulations. By regulation, EPA promulgated various requirements pertaining to pesticide labels. (3) An animal feed (21 U.S.C. PDF FIFRA Section 24(c) Special Local Need For printed advertising, this criterion will be met by a legend in 6-point or larger type. Persons intending to conduct tests who are uncertain whether the testing may be conducted without a permit may submit a request for determination to the Office of Pesticide Programs' Document Processing Desk at the appropriate address as set forth in 40 CFR 150.17(a) or (b). FIFRA enforcement is focused on the sale, distribution, and use (which can include disposal) of pesticides. FIFRA Section 24(c) Special Local Need GROUP 1 HERBICIDE FOR DISTRIBUTION AND USE ONLY IN THE STATE OF OREGON EPA Reg. (a) FIFRA sections 12(a)(1) (A) and (B) make it unlawful for any person to "offer for sale" any pesticide if it is unregistered, or if claims made for it as part of its distribution or sale differ substantially . In exercising this discretion, the designated State agency shall ensure that the supplemental labeling and the registered label together satisfy the requirements of 172.6(a). 94 136w-3 28. (1) Testing conducted with microbial pesticides identified in paragraph (c) of this section, but made exempt pursuant to 172.52, does not require a Notification. (d) Failure to submit required reports may constitute grounds for revocation of the permit. (a) EPA will review and evaluate each Notification as expeditiously as possible and will make a determination no later than 90 days after receipt of the complete Notification; however, under no circumstances shall the proposed test proceed until the submitter has received notice from EPA of its approval of such test. (2) Nonindigenous microbial pesticides that have not been acted upon by the U.S. Department of Agriculture (i.e., either by issuing or denying a permit or determining that a permit is unnecessary; or a permit is not pending with the USDA). Another action that EPA may take is to classify a pesticide as a restricted use pesticide, which means that only certified pesticide applicators or those under the supervision of a certified pesticide applicator may use the pesticide. The Administrator shall publish notice in the Federal Register of receipt of an application for an experimental use permit upon finding that issuance of the experimental use permit may be of regional or national significance. [Code of Federal Regulations] [Title 40, Volume 14, Parts 150 to 189] [Revised as of July 1, 1997] From the U.S. Government Printing Office via GPO Access . These changes include any changes in package size and label net contents, provided no change in use directions or requirement for child-resistant packaging would be necessary for the product to be registered for use in the United States. You are using an unsupported browser. This guidance document clarifies the regulations implementing Section 24(c) of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) to assist FIFRA state lead agencies (SLAs) in submitting complete Section 24(c) notification submissions to EPA; and to facilitate EPA's review. The general pesticide use patterns are: terrestrial food crop and terrestrial non-food crop; greenhouse food crop and greenhouse nonfood crop; aquatic food crop and aquatic nonfood crop' indoor use' and forestry use. State experimental use permits issued prior to the revocation of authority shall remain valid until they expire or until three years from the date of revocation of the State's authority, whichever comes first, unless sooner revoked by EPA under 172.26(c) of this subpart. A GAP does not relieve Federal employees from meeting State certification requirements. State-Specific Registrations: Under Section 24 (c) of FIFRA, states can register a new pesticide product for any use, or a federally registered product for an additional use, as long as there is both a demonstrated "special local need," and a tolerance, exemption from a tolerance, or other clearance under the Federal Food, Drug, and Cosmetic Act. Such a request shall include the information listed in 172.4(b)(1)(ii) and (b)(1)(iii) and in the case of an unregistered product, the information in 172.4(b)(3)(i).