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FIFRA Section 18 - Pesticide Emergency Use Exemptions
What is an EUE?
Emergency Use Exemptions (EUE), or “Section 18s”, are outlined in Section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the federal law that regulates pesticides nationwide. These exemptions allow for unregistered use of pesticides to address emergency conditions. These use exemptions are limited in scope, are allowed in defined geographic areas, and can only be used during a specific period of time. Emergencies are defined as urgent, non-routine situations, that require the use of pesticides.
The Environment Protection Agency (EPA) conducts assessments of risks associated with use and outline safety standards. Unlike other pesticide labels like 2(ee)s or 24(c) Special Local Need permits, these are not for use by the public. Only the approved governmental organization may use the Section 18 label.
Types of Emergency Exemptions
Specific +
Majority of requests are for Specific Exemptions.
- Requested when an emergency condition exists, in order to avert a significant economic loss, or a significant risk to the environment, which may include risks to endangered or threatened species and beneficial organisms.
- Growers or agricultural research scientists identify a pest situation that available tools (including registered pesticides) will not alleviate.
- State lead pesticide agency requests an Emergency Exemption from EPA.
- EPA evaluates the request and decides whether or not to authorize the use.
- Specific Exemptions may be authorized for up to one year.
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Quarantine +
- Requested to control the introduction or spread of an invasive pest species not previously known to occur in the United States and its territories.
- "Emergency” based on the need to prevent the introduction or spread of a harmful invasive species.
- Quarantine Exemptions may be authorized for up to three years.
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Public Health +
- Requested to control a pest that will cause a significant risk to human health.
- Emergency is based upon the risk to human health presented by the pest.
- Public Health Exemptions may be authorized for up to one year.
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Crisis +
- Requested when there is an immediate need for a Specific, Quarantine, or Public Health Exemption.
- Following communication confirming EPA’s concurrence, the State or Federal agency may issue a Crisis Exemption allowing the unregistered use to proceed for up to 15 days.
- EPA concurrence confirms that the required safety findings can be made.
- A Crisis Exemption may be “stand-alone” or may be allowed in conjunction with a full request for a Specific, Quarantine, or Public Health Emergency Exemption. If such a full request is submitted, use is allowed to continue under the Crisis Exemption until EPA makes a decision on the request for a Specific, Quarantine, or Public Health Exemption.
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Emergency Use Exemptions
| Product | EPA Reg # | Active Ingredients | Pest | Site | Applicator | Expiration Date |
|---|---|---|---|---|---|---|
| Tanidil | Unregistered | Propoxur (26DA01) Coumaphos (26DA02) | New World Screwworm (NWSW) | Open wounds of livestock, horses, other domestic ungulates, and captive and temporarily captured wild and exotic ungulates and canids | USDA/APHIS | April 27, 2029 |
| Virkon S and propylene glycol mixture | 39967-137 | Potassium peroxymonosulfate and propylene glycol (25DA01) | Highly Pathogenic Avian Influenza Virus (HPAIv) | Disinfection of hard, nonporous surfaces associated with sites infected with HPAIv | USDA/APHIS | March 26, 2028 |
| Sodium hydroxide | Unregistered | Sodium hydroxide (24DA03) | Prions | Clean, hard, non-porous, nonfood/feed-contact surfaces potentially exposed to prions. | USDA/APHIS | September 25, 2027 |
| Sodium hypochlorite | Unregistered | Sodium hypochlorite (24DA04) | Prions | Clean, hard, non-porous, nonfood/feed-contact surfaces potentially exposed to prions. | USDA/APHIS | September 25, 2027 |
| Citric Acid | Unregistered | Citric Acid (25DA02) | African swine fever virus (ASFv), foot-and-mouth disease virus (FMDv), low pathogenic avian influenza virus (LPAIv) | Disinfectant treatments of sites with hard, nonporous and porous, food/feed and nonfood-contact surfaces that are contaminated or potentially contaminated with ASFv, FMDv, or LPAIv | USDA/APHIS | March 20, 2028 |