Pesticide Product Special Registrations
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Pesticide Product Special Registrations

Section 2(ee) Recommendations

The Texas Pesticide Law and Regulations provides that the department address the recommended use of 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. Generally, it is a violation of FIFRA Section 12(a)(2)(G), Tex. Agric. Code §76.116 , and 4 Texas Administrative Code (4 TAC) §7.71  to use, or cause to be used, a pesticide in a manner inconsistent with its label. Exceptions to these regulations are found in FIFRA 2(ee)(1-4). Per 4 TAC §7.10(g)  any written recommendations allowed by FIFRA 2(ee) must be approved by the department prior to being released into the channels of trade.
FIFRA Section 2(ee) recommendations uses include:
• Applying a pesticide at any dosage, concentration, or frequency less than that specified on the labeling, unless the labeling specifically prohibits deviation from the specified dosage, concentration, or frequency.
o Section 2(ee) cannot be used to increase the dosage, concentration or frequency of an application, nor can it be used to decrease the preharvest interval or the interval between applications.
• Applying a pesticide against any target pest not specified on the labeling if the application is to a crop, animal, or site specified on the labeling, unless the labeling specifically states that the pesticide may be used only for the pests specified on the labeling.
• Employing any method of application not prohibited by the labeling, unless the labeling specifically states that the product may be applied only by the methods specified on the labeling. 
o Section 2(ee) recommendation cannot add a method of application such as chemigation or aerial application if the label specifies only ground applications. 
• Mixing a pesticide or pesticides with a fertilizer, when such a mixture is not prohibited by the labeling.
 
FIFRA Section 2(ee) recommendations cannot be used to:
• Add a crop/site, or expand an existing crop/site.
• Change the timing or type of application. For timing application examples include pre-bloom versus post-bloom and preharvest versus post-harvest. For type of application examples include indoor versus outdoor and soil incorporated versus foliar.
• Add chemigation as a method of application.
• Allow a lower dosage or concentration than specified on the label for pre-construction termiticide uses (refer to EPA PR Notice 96-7)
• For antimicrobial pesticides targeted against human pathogens. (40 CFR 168.22(b)(5)). 

Click here to view Policy and How to Submit FIFRA Section 2(ee) Recommendations for Approval


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 see (4 TAC) §7.14 Experimental Use Permits requirements of the Pesticides Registration.

How to Submit Section 5 Experimental Use Permits
Submit Pesticide Registration Application for Experimental Use Permit Form PR-203  to Product.Registration@TexasAgriculture.gov. 
 
After approval the Registrant must notify TDA when and where the treatment(s) will take place at least 72 hours prior to the event as required by EPA. Final reports are due within 180 days after the expiration date and will close out the EUP, unless an extension is granted by EPA.
 
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 such as Specific, Crisis, Quarantine, and or Public Health. For more information check EPA’s Pesticide Emergency Exemptions site. - https://www.epa.gov/pesticide-registration/pesticide-emergency-exemptions
 
How to Submit Section 18 Emergency Exemptions

Submit Application for Section 18 Emergency Exemption From PR-204 to Product.Registration@TexasAgriculture.gov.
 


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 (4 TAC) § 7.13 Special Local Needs of the Pesticides Regulation. 

How to Submit Section 24(c) Special Local Needs 

Submit Application for Special Local Need 24(c) Product Registration Form PR-205 to Product.Registration@TexasAgriculture.gov. 
 
Checklist

Please use this checklist to ensure you are sending all the necessary information and documents for each 24(c) Registration.
1.    Application for Special Local Need 24(c) Product Registration Form PR-205. 
2.    Completed EPA 8570-25 form.
3.    Letters of Support – Minimum of three letters total from the following groups: Growers/Organizations of Commodity in need, Extension/University/Research, and Registrant.  
4.    24(c) Use Directions Label.  
5.    Section 3 Product Label for each product included in the 24(c).
6.    Safety Data Sheet(s)/(SDS) for each product included in the 2ee use Recommendation.
7.    Efficacy Data. 
 
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