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Restricted
Use Pesticides
Certain pesticides, even when used
in accordance with label directions, still pose a hazard to the
environment or human health. These pesticides are labeled by the
EPA as Restricted Use Pesticides. The Plant Board can also place
additional restrictions on pesticides under the Arkansas Regulations
on Pesticide Classification if it is determined that the pesticide
poses a hazard when used according to label directions.
Discontinuance Of Registration
The ASPB requires a two year discontinuance
for all products. This helps to insure that any remaining product
has a chance to work its way out of the channels of trade before
the registration lapses.
To place a product in the discontinuance
period indicate "D-1" for the first year of discontinuance
or "D-2" for the second year of discontinuance at the
end of the product name on Form DP-21.
The ASPB will also accept a letter
stating there is no product within the channels of trade in lieu
of the discontinuance period. The registrant should be certain that
there is, in fact, no product within the channels of trade before
submitting such a letter. The registrant is responsible for any
unregistered product found within the channels of trade. If you
wish to submit a letter in lieu of the discontinuance period, please
address it to the attention of Assistant Director in charge of Registration,
Pesticide Division.
Registration fees are required
for products within the discontinuance period.
FIFRA 25(b)
Exempt Products
Arkansas Pesticide Law requires the
registration of all products making pesticidal claims. This includes
products exempt from Section 3 registration under FIFRA Section
25(b). Section 25(b) exempt products are registered in the same
manner as other products.
Section 2(ee)
Recommendations
The ASPB follows EPA criteria for Section
2(ee) Recommendations, and must approve all written 2(ee) Recommendations.
This allows the registrant to recommend the use of a product that
is labeled for use on a particular crop, animal, or site in a manner
not permitted by the labeling, as long as that use is not specifically
prohibited by the label. Such recommendations include reduced use
rates, mixing with other pesticides or fertilizer, alternate methods
of applications, and targeting pests not listed on the label.
Section
18 Emergency Exemptions
A Section 18 Emergency Exemption from
Registration is designed to provide temporary relief for farmers
when they encounter a pest that cannot be controlled by pesticides
currently registered for that crop. In situations where Arkansas’
farmers need pesticides to control an unusual or unexpected pest
the ASPB can petition the EPA for a Section 18 Emergency Specific
Exemption, or in extreme cases a Crisis Exemption.
Click
here to check status of current Section 18 petitions.
Requirements
In order to be considered for a Section
18, the situation must meet certain criteria:
The problem has to be both urgent and
non-routine. Basically an emergency, a situation that has to be
addressed immediately and which was not expected to occur in the
first place.
The problem must be one that cannot
be controlled with the pesticides already registered for the crop
in question.
There must also be a threat of significant
economic loss to the farmer.
Unless these three conditions are met,
and can be documented, the situation does not qualify under Section
18.
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