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Pesticide Registration 2ee Policy

 Texas Department of Agriculture
Policy on FIFRA Section 2(ee) Recommendations
(revised 7/20/2018)

Federal and State Authority

• Section 2 (ee)(1-4) of FIFRA, as amended
• FIFRA Compliance Program Policy No. 2.1
• EPA PR Notice 82-1
• Section 76.046(c)(4) of the Texas Pesticide Law
• Section 7.10(g) of the Texas Pesticide Regulations

Policy

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). Written recommendations under these exceptions are generally referred to as "Section 2(ee)" recommendations. The Texas Department of Agriculture will issue advisory approvals of Section 2(ee) recommendations in printed form for distribution in Texas subject to the following conditions:

    1. The recommendation(s) must comply with all applicable provisions of Section 2(ee)(1-4) of FIFRA as amended, Section 76.046(c)(4) of the Texas Pesticide Law and Section 7.10(g) of the Texas Pesticide Regulations, EPA PR Notice 82-1 and FIFRA Compliance Program Policy No. 2.1.

    2. Recommendations(s) in printed form shall be distributed as "Product Information Bulletin(s)", "Pesticide Fact Sheet(s)": etc. Such bulletins, fact sheets, etc., shall not be referred to as being labels, labeling or supplemental label.

    3. The following disclaimer must appear on all FIFRA Section 2(ee) literature (except media advertisements): "This recommendation is made as permitted under FIFRA Section 2(ee) and has not been submitted to or approved by the EPA".

    4. FIFRA Section 2(ee) Recommendations must not be attached to the product container or placed in the container shipment box or accompany the product at any time.

    5. FIFRA Section 2(ee) literature for a product may be disseminated at retail outlets as counter cards, tear-off pads of materials and other methods of distributions provided the provisions of (3) and (4) above are met.

    6. All FIFRA Section 2(ee) Recommendations proposed for distribution in Texas in printed form must state that the 2(ee) recommendation is for use and distribution in Texas only.   The statement: “FOR USE AND DISTRIBUTION IN THE STATE OF TEXAS ONLY” is preferred, but any reasonable statement indicating the 2ee is for Texas is acceptable. Please Note that no other states can be listed on the recommendation, ONLY Texas.

    7. The Texas Department of Agriculture reserves the right to require efficacy data in support of FIFRA Section 2(ee) recommendation that will be distributed in printed form.

    8. All FIFRA Section 2(ee) Recommendations proposed for distribution in Texas in printed form must show an expiration date. The maximum time allowed prior to renewal is 3 full years plus the remainder of the current year (for example, if today is July 30, 2017 then the latest expiration date allowed would be December 31, 2020).

Section 2(ee) recommendations that have received advisory approvals from the department will be presumed by the department to be in compliance with Tex. Agric. Code §76.116, and 4 TAC §7.71 and will further be presumed not to be a "label" or "supplemental label" subject to the department's pesticide labeling requirements. Any changes to the Section 2(ee) recommendation after approval will cancel the notification. Those not receiving an advisory approval from the department will bear the risk of being found in violation of Tex. Agric. Code §76.116, and 4 TAC §7.71 and/or laws and regulations regarding pesticide registration and labeling.