Information provided for informational purposes only

Note: This information is provided for reference purposes only. Although the information provided here was accurate and current when first created, it is now outdated.

Attachment to Staff Background Paper # 2.2
Current Requirements for Public Comment
in the Emergency Exemption Process

The current emergency exemption regulations require the Agency to solicit public comment on a section 18 request if any one of the following criteria is met:

  1. The application proposes use of a new (unregistered) active ingredient;
  2. The application proposes the first food use of an active ingredient;
  3. The application proposes any use of a pesticide that has been subject to a suspension notice under section 6(c) of FIFRA;
  4. The application proposes use of a pesticide which:
    1. i.    Was the subject of a section 6(b) notice and was subsequently cancelled; and
      ii.    Is intended for a use that poses a risk similar to the risk posed by any use of the pesticide which was the subject of the 6(b) notice
  5. The application proposes use of a pesticide which:
    1. i.     Contains an active ingredient which is or has been the subject of a Special Review; and
      ii.     Is intended for a use that could pose a risk similar to the risk posed by any use of the pesticide which is or has been the subject of a Special Review;
  6. The application proposes use of a pesticide for a specific or public health exemption, if:
    1. i.    An emergency exemption has been granted for that use in any 3 previous years; and
      ii.    A complete application for registration of that use and/or a petition for tolerance for residues in or on the commodity has not been subject to the Agency; or
  7. The Administrator determines that publication of notice is appropriate.

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updated May 17, 1998