Emergency Exemptions

FIFRA Section 18 allows the EPA Administrator to exempt any State or Federal agency from any provision of the Act, if the Administrator determines that an emergency condition exists that requires such an exemption.

The EPA defines "emergency condition" to mean an urgent, non-routine situation that requires the use of a pesticide(s).  Such a situation is considered to exist when:

1. No effective pesticides are available under the Act that have labeled uses registered for control of the pest under the conditions of the emergency; and
2. No economically or environmentally feasible alternative practices that provide adequate control are available; and
3. The situation:
    (a) involves the introduction or dissemination of a pest new to or not theretofore known to be widely prevalent or distributed within or throughout the United States or its territories; or
    (b) will present significant risks to human health; or
    (c) will present significant risks to threatened or endangered species, beneficial organisms, or the environment; or
    (d) will cause significant economic loss due to:
1. an outbreak or an expected outbreak of a pest; or
2. a change in plant growth or development caused by unusual environmental conditions where such change can be rectified by the use of a pesticide(s).

In North Carolina, Emergency Exemptions are usually requested by commodity groups, the Cooperative Extension Service, and/or other State or Federal agencies. These groups are responsible for providing the Pesticide Section with the information necessary to support the exemption. The Pesticide Section provides guidance as needed and all information submitted is subject to verification through our own internal review. Based on the information provided, Pesticide Section personnel make a preliminary decision as to whether the request meets the requirements necessary to qualify for an Emergency Exemption. If the application package appears to qualify, information is forwarded to the Pesticide Minor Use Registration Committee (PMURC) for their review. PMURC is an advisory committee comprised of various North Carolina State University faculty and extension specialists. These individuals have expertise in several areas including entomology, pathology, zoology, toxicology, residue chemistry and weed science. They further review the application package and make a recommendation to the Pesticide Section as to whether the requested Emergency Exemption is valid. If the Pesticide Section determines that the exemption is needed, the application package is forwarded to the EPA for review. The EPA requires that the application be submitted in writing by the head of the requesting State or Federal agency, the Governor of the State involved, or their official designee. In North Carolina, the Commissioner of Agriculture is the official designee and petitions for emergency exemptions are submitted through the Commissioner's office.

Emergency Exemptions are requested by the state and approved or denied by the EPA. If the exemption packages are complete, the EPA can usually review the information and reach a decision within 50 days of receiving the package. If an exemption is approved, use directions must be in hand during the application of the pesticide for the use granted by the exemption. Emergency Exemptions are time limited, and usually expire either one year or three years after issuance. For additional information, contact 
 Lee Davis