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Pesticide Registration

Types of Registrations under FIFRA

Federal pesticide law (the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)) provides for several types of registrations:

  • Registration: Under Section 3 of FIFRA, we can register pesticides for use throughout the United States. We register some pesticides for more limited use in certain states. In addition, states, tribes and territories can place further restrictions on pesticides used or sold within their own jurisdictions.
  • Experimental Use Permits (EUPs): Under Section 5 of FIFRA, we can allow manufacturers to field test pesticides under development. Manufacturers of conventional pesticides must obtain experimental use permits before testing new pesticides or new uses of pesticides if they conduct experimental field tests on 10 acres or more of land or one acre or more of water. Biopesticides also require EUPs when used in experimental settings.
  • Emergency Exemptions: Under Section 18 of FIFRA, we can allow state and federal agencies to permit the unregistered use of a pesticide in a specific geographic area for a limited time if emergency pest conditions exist. This typically arises when agricultural growers and others encounter a pest problem on a site for which there is either no registered pesticide available, or for which there is a registered pesticide that would be effective but is not yet approved for use on that particular site. Exemptions may also be approved for public health and quarantine reasons.
  • State-Specific Registrations: Under Section 24(c) of FIFRA, states can register a new pesticide product for any use, or a federally registered product for an additional use, as long as there is both a demonstrated "special local need," and a tolerance, exemption from a tolerance, or other clearance under the Federal Food, Drug, and Cosmetic Act (FFDCA). EPA has the authority to disapprove a state's special local need registration application.