Pesticide Registrations in Idaho
Pesticides distributed in the State of Idaho are required to be registered with the Idaho
Department of Agriculture in accordance with the Idaho Pesticide Law. Products
considered to be pesticides under this law include insecticides, herbicides, fungicides,
nematicides, rodenticides, plant growth regulators, defoliants, desiccants and spray
adjuvants. Currently, there are approximately 7,000 pesticide products registered with the
Idaho Department of Agriculture each year by more than 600 manufacturers.
The Environmental Protection Agency (EPA) governs the registration of pesticides at the
federal level, under the authority of the Federal Insecticide, Fungicide and Rodenticide
Act (FIFRA). In addition to setting requirements for registration, four sections of this law
provide for state use of pesticides under special conditions. They are: 1) Section
24(c)Special Local Needs registrations; 2) Section 18 Emergency Use Exemptions; 3)
Section 3, 2(ee) label interpretations; and 4) Section 5 Experimental Use Permits.
24(c)Requests
Section 24(c)of the amended FIFRA authorizes states to issue registrations for additional
use of federally registered pesticides to meet special local needs within the states. These
state registrations can allow a pesticide to be used to control a local pest problem in
circumstances where no pesticide is federally registered for such use, or when federally
registered products are not effective in controlling the problem under the conditions
where a pesticide is federally registered for such use, or when federally registered
products are not effective in controlling the problem under the conditions which exist in
the state. The following examples are types of situations where Special Local Need
(SLN) registrations may be used:
1)
Amendment of a federal registration to permit use of a pesticide on an additional
crop-site, or
2)
Amendment of a federal registration to allow the use of a different application
technique, rate of application, or different equipment than specified on the federal
label; or
3)
Registration of the use of a new formulation of a federally registered product; or
4)
Addition of special label requirements for directions necessary to prevent
unreasonable adverse effects on man or the environment, or to ensure efficacy of a
product under local conditions.
In order to consider a request for a Special Local Need (SLN) registration, a number of
conditions must be met, including: 1) a special local need exist for this use in the state; 2)
the product has been shown to be a safe and effective treatment; 3) the pesticide is labeled
for distribution and use within the state; 4) if the request is for a food/feed use, the active
ingredient must have a tolerance for that use registered by EPA; and 6) the use has not
been disapproved, canceled or denied registration by the EPA.
Required data and labeling for Special Local Need registrations are submitted by the
pesticide manufacturer for review by our department and research advisors in the state.
The following types of data must be supplied with the application: 1) description of the
special local need; 2) efficacy; 3) toxicology; 4) residues (for food and feed use
registrations); and 5) impacts to the environment from the proposed use (endangered &
threatened species affected, groundwater, surface water, etc.). Once approved by our
department, labels are assigned a state registration number and are submitted to the EPA.
EPA must respond within 90 days of the effective date of state registration if it intends to
deny or require changes in state labels.
Section 18 Requests
Another procedure available to states is the Section 18 Emergency Use Exemption.
Section 18 of the amended FIFRA provides that states may request the use of a pesticide
under emergency conditions. These conditions may exist when 1) a pest outbreak has
occurred or is about to occur and no pesticide is registered for that particular use, and no
alternative method of control is available to eradicate or control this pest, 2) significant
economic or health problems will occur without the use of the pesticide, and 3) the time
available from discovery or prediction of the pest outbreak is insufficient for a pesticide
to be registered for the particular use.
Information is required in order to request an emergency exemption includes the
following: 1) the nature, scope and frequency of the emergency; 2) a description of the
pest problem and estimated timing for effective treatment; 3) whether any pesticide is
registered and effective for this use, or any other method of control is available to meet
this emergency; 4) a description of the program proposed for control, including the
quantity of pesticide to be applied, the area, method, and duration of application; 5) the
qualifications of the personnel involved in such application; 6) a statement of the
economic loss anticipated with and without the emergency exemption; and 7) an analysis
of possible adverse effects to man and the environment. The applicant must submit the
same types of data as required with a 24(c) application, which includes efficacy,
toxicology, residues and endangered and threatened species affected. In addition, the
applicant must provide a five (5) year crop history showing production costs and yields.
When a Section 18 Emergency Exemption is granted by the EPA, the state requesting the
exemption is notified of the restrictions placed on the use including a specified time
period for which the use is allowed. Uses involving a crop raised for food or feed
purposes are assigned a minimum residue level (tolerance) that may not be exceeded on
the commodity in interstate commerce. The state agency requesting the emergency
exemption is responsible for ensuring that all restrictions are followed and is required to
report to EPA any adverse environmental effects which result from the emergency
pesticide use.
2(ee) Additions To Labels
Section 2(ee) of FIFRA prohibits the use of any registered pesticide in a manner
inconsistent with its labeling. It lists six (6) exceptions to this requirement. They are:
1)
Applying a pesticide at any dosage, concentration, or frequency less than that
specified on the labeling, unless the label specifically prohibits deviation from the
listed dosage, concentration, or frequency; or
2)
Applying a pesticide against any target pest not specified on the labeling, unless
the EPA determines that using the pesticide against other pests would cause
unreasonable adverse effects on man or the environment; or
3)
Employing methods of application not prohibited by the label or the EPA; or
4)
Mixing the pesticide with a fertilizer that is not prohibited by the label; or
5)
Use of a pesticide in conformance with an EUP, Section 18 or SLN registration;
or
6)
Any use of a pesticide that the EPA determines is to be consistent with FIFRA.
Any individual may make applications using these six exemptions during their
applications. However, many registrants issue supplements to their labels, following the
guidelines listed above, to clarify additional uses of their pesticides to their customers.
These 2ee recommendations by registrants are not subject to state review or approval.
Experimental Use Permits
Prior to receiving registrations for pesticides, registrants must collect data to support their
pesticide claims. The typical method used to collect this data is through experimental
uses on small plots. These experimental plots maybe on university or private lands. An
Experimental Use Permits (EUPs) may be registered as either federal or state.
Federal EUPs are used to collect data to support the federal registration of a pesticide.
The data may be used for the registration of a new product, or for a new use not
previously approved for an existing pesticide. The EUP must be requested if the total
number of acres to be treated exceeds 10 acres nationwide (40 CFR Chapter 1, Section
172.3). If the number of acres is below 10 acres, the Registrant does not need to secure a
federal EUP to proceed with the tests. If the tests are being conducted in an aquatic
situation, a federal EUP must be requested if the tests are conducted on more than one
surface-acre of water. The water from an aquatic site may not be used for drinking,
irrigation or recreation that involves bodily contact to humans. These permits must be
renewed annually. The federal permits must be requested by the registrant, or an
Educational Institution by contacting the EPA.
State EUPs are used to collect data to support a state registration of a pesticide, such as a
Section 18 or 24c request. The data will be used for a state registration of an existing,
federally registered product, and will be used to collect data on the addition of a new
crop, rates, use, etc. The EUP must be requested if the total number of acres treated
exceeds ten (10) acres, statewide. If the tests are done on less than 10 acres, an EUP does
not need to be secured prior to beginning the tests. If the tests are to be conducted in an
aquatic situation, a state EUP must be secured it the tests are to be conducted on more
than one surface-acre of water. These waters have the same restrictions as the Federal
EUPs. These permits must also be renewed annually and may be requested by the
registrant or an educational institution.
EUP products may not be sold or distributed, except between the cooperators listed in the
EUP and for the uses allowed by the EUP (40 CFR, Chapter 1, Section 172.3). Any crops
treated with the EUP pesticide will be destroyed or fed to experimental animals only,
unless the EPA has established a tolerance, or exemption from tolerance.
The following information is required to be submitted to the EPA with a request for a
federal EUP (40 CFR, Chapter 1, Section172.4):
1)
Name and address of the applicant;
2)
Registration number of the pesticide, if it is registered;
3)
A description of the purpose and objectives of the experiments;
4)
A detailed explanation of the procedures;
5)
The name, street address, telephone number and qualifications of all participants.
The applications must be amended as this list changes;
6)
The name, address and phone number of cooperators;
7)
A description and specific results of prior testing for an identical use; and
8)
Storage of pesticide containers and final disposition of remnants of the pesticide
and empty containers.
If a tolerance or an exemption from tolerance is requested, the following additional
information must be submitted to the EPA (40 CFR, Chapter 1, Section 172.4):
1)
Submit evidence that a tolerance or exemption from 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, or a regulation under section
409, of that act; or
2)
Submit a petition proposing establishment of a tolerance or an exemption from
tolerance; or
3)
Certify that the food or feed derived from the experimental program will be
destroyed or fed only to experimental animals for testing purposes, or otherwise
disposed of in a manner which will not endanger man or the environment. The
application must specify the methods used for the destruction.
If the EUP is for a pesticide that is not federally registered, the following is required to be
submitted to the EPA with the application (40 CFR Ch. 1, Section 172.4):
1)
A complete Confidential Statement of Formula (CSF) of formula must be
submitted, giving the name and percentage (%) by weight of each ingredient,
active and inert; and
2)
The chemical and physical properties of each ingredient of the formulation,
including the manufacturing and analytical processes used to determine the
suitability of the active ingredients; and
3)
Appropriate data, if available, on the rate of decline of residues on the treated
crop, or treatment sites, and other information regarding entry of persons into
treated areas; and
4)
Results of toxicology tests and other data relevant to the product’s potential for
causing injury to the users or other persons that may be exposed, including any
available epidemiological information relating to humans.
The following information is required with a request for a state EUP (IDAPA
02.03.03.324):
1)
The name of the company conducting the tests;
2)
name, address and telephone # of the applicant;
3)
The proposed date of a shipment or proposed shipping date should not exceed one
year;
4)
A statement listing the active ingredient;
5)
A statement of the approximate quantity to be tested;
6)
Available data or information or reference to available data on the acute toxicity
of the pesticide;
7)
A detailed description of the scope of the proposed program;
8)
Proposed labeling must be submitted with the following information listed: and
a)
b)
c)
d)
e)
f)
9)
“For Experimental Use Only” prominently displayed on the label and any
accompanying literature;
An adequate caution or warning statement to protect handlers; and
Name and address of the applicant;
Name or designation of the pesticide;
Directions for use;
A statement listing the name and percentage of each active ingredient.
The crop must be destroyed or fed to experimental animals, unless a tolerance, or
exemption from tolerance has been established for the requested use.
Due to the diversity of the requests for special state registrations, a comprehensive list
covering every possible situation that might arise, is essentially impossible. Use this list
as a beginning reference for determining the initial information requirements when
submitting a special state registration and contact the Idaho Department of Agriculture at
(208) 334-3544 for assistance on your specific request.