Note: This information is provided for reference purposes only. Although the information provided here was accurate and current when first created, it is now outdated.

The current emergency exemption regulations require the Agency to solicit public comment on a section 18 request if any one of the following criteria is met:

1. The application proposes use of a new (unregistered) active ingredient;
2. The application proposes the first food use of an active ingredient;
3. The application proposes any use of a pesticide that has been subject to a suspension notice under section 6(c) of FIFRA;
4. The application proposes use of a pesticide which:
i.    Was the subject of a section 6(b) notice and was subsequently cancelled; and
ii.    Is intended for a use that poses a risk similar to the risk posed by any use of the pesticide which was the subject of the 6(b) notice
5. The application proposes use of a pesticide which:
i.     Contains an active ingredient which is or has been the subject of a Special Review; and
ii.     Is intended for a use that could pose a risk similar to the risk posed by any use of the pesticide which is or has been the subject of a Special Review;
6. The application proposes use of a pesticide for a specific or public health exemption, if:
i.    An emergency exemption has been granted for that use in any 3 previous years; and
ii.    A complete application for registration of that use and/or a petition for tolerance for residues in or on the commodity has not been subject to the Agency; or
7. The Administrator determines that publication of notice is appropriate.

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updated May 17, 1998