Section 18 Emergency Exemptions from Pesticide Registration for New Jersey
Under the authority of §18 of Federal Insecticide, Fungicide & Rodenticide Act, EPA can allow State and Federal agencies to permit the unregistered use of a pesticide in a specific geographic area for a limited time if emergency pest conditions exist. EPA's background document, Section 18s Program and Proposed Reforms, details proposed changes to the Section 18 process.
Typically, a need for an emergency exemption arises when growers and others encounter a pest problem on a site (in most cases, a crop) for which there is either no registered pesticide available, or for which there is a registered pesticide that would be effective but is not yet approved for use on that particular site. Also, exemptions can be approved for public health and quarantine reasons.
Most requests for emergency exemptions are made by state lead agricultural agencies, although the United States Department of Agriculture and United States Department of Interior also request exemptions.
In New Jersey, the state lead agency is the New Jersey Department of Environmental Protection (NJDEP). Typically, a request for the emergency exemption will be accompanied by a description of the pest problem and why a particular control is warranted. EPA then issues the NJDEP a letter of specific exemption from registration (also known as a 'Section 18') for the pesticide product to deal with the emergency pest condition for a prescribed time period.
If a need is immediate, a state agency may issue a crisis exemption under Section 18 of FIFRA which allows the unregistered use for 15 days. Crisis exemptions are typically requested following a specific exemption that has not been processed in accord within the sometimes limited window of a pest outbreak.
Section 18 Emergency Exemptions (both 'crisis' and 'specific') from pesticide registration granted in New Jersey are listed below. Each exemption listing includes: the emergency exemption number assigned by EPA, the date issued; date of expiration; the registrant (company that manufactures the pesticide product); the common and brand names with the EPA Registration Number of the pesticide product; and the prescribed use of the pesticide product. Additionally, the exemption listing includes the date and responsible party for a required report to the NJDEP on the exemption; the persons listed are typically those who requested the exemption form the NJDEP initially. You may view a selection of corresponding labels to these Emergency Exemptions on the Rutgers Cooperative Extension website. When available, these labels are provided as hyperlinks at the individual brand listing (see the 'Brand & Label' column of the table below).
Section 18 Emergency Exemptions from Pesticide Registration for New Jersey (click here for details)
This site is supported, in part, with funding from the Northeastern IPM Center.