Section 2(ee) Recommendations

The department follows EPA criteria for Section 2(ee) Recommendations in Texas. Section 2(ee) allows a company to recommend use of a product that is labeled for the use on a particular crop, animal or site in a manner not permitted by the labeling, as long as it is not prohibited on the label. Examples would be using smaller amount of the product, targeting a pest not on the label, applying by a different method or mixing with another pesticide or fertilizer. TDA must approve the 2(ee) Recommendation before distributed. 

Section 5 Experimental Use Permits

The Texas Pesticide Law and Regulations provides that the department address the use of experimental use permits for pesticides. All experimental use permits (EUP) will be issued and approved by the EPA prior to submitting to the department for notification. For more information check Section 7.14 of the Pesticide Regulations.

Section 24(c) Special Local Needs
The Texas Pesticide Law and Regulations provides that the department address the special local need for a pesticide. TDA will determine that a local need exists; that the applicant meets all federal requirements for registration of a pesticide; that the particular use of the pesticide has not been denied, suspended, or canceled by the EPA; and that the products efficacy data support the claims made for it in Texas prior to approval of the application by the department. For more information check Section 7.13 of the Pesticide Regulations. 

Section 18 Emergency Exemptions
The department follows the EPA criteria for granting emergency exemptions in Texas when insects, weeds or disease threaten a crop, or a public health situation and there is no registered pesticide to control the pest. The situation must qualify as an emergency condition. For more information check EPA’s Pesticide Emergency Exemptions site. - https://www.epa.gov/pesticide-registration/pesticide-emergency-exemptions