DPR Laws and Regulations 3rd Edition Study Guide Questions With Complete Solutions

DPR Laws and Regulations 3rd Edition
Study Guide Questions With Complete
Solutions
Registration of Pesticides (Section 3) - ANSWER- FIFRA Section 3 grants the U.S. EPA
the authority to register pesticide products with the corresponding labeling containing
basic registered uses, use directions, requirements, and prohibitions. This is often
referred to as the Section 3 labeling. Regulations in Title 40 of the Code of Federal
Regulations (40 CFR) provide the specific guidelines necessary to carry out federal law.
Later in this chapter there is a more detailed discussion of the required labeling
information and format that are found in FIFRA and 40 CFR, as well as in California
laws and regulations.

Emergency Exemptions (Section 18) - ANSWER- FIFRA Section 18 authorizes U.S.
EPA to allow an unregistered use of a pesticide for a limited time if U.S. EPA
determines that emergency conditions exist. The regulations governing Section 18 of
FIFRA define the term "Emergency Condition" as an urgent, non-routine situation that
requires the use of a pesticide(s). Such uses are often referred to as "emergency
exemption," "Section 18," or simply "exemption." One example is when a state declares
an emergency over a pest infestation in a particular crop. After an evaluation and
assessment of the infestation and possible control measures, the state agency can
petition U.S. EPA to issue a Section 18 exemption from registration to authorize use of
a pesticide that is otherwise not registered for use on that particular crop. DPR works
with local, state, and federal agencies to evaluate the emergency and determine if it
meets certain criteria to submit an exemption request to U.S. EPA. There must be no
feasible alternative to the exemption. U.S. EPA will evaluate the request, and upon
approval will issue the emergency exemption. There are four types of Section 18
exemptions:
•
Specific
•
Public Health
•
Quarantine, and
•
Crisis
In California, all users are required to possess and maintain a valid restricted materials
use permit from the County Agricultural Commissioner's (CAC) Office for possession
and use of a pesticide under a valid Section 18 exemption. All emergency uses under a
Section 18 exemption are subject to strict regulatory controls. It is important to note that
use of a product under a Section 18 exemption includes special requirements and
responsibilities. Use directions for a Section 18 exemption prescribe application rates,
safety precautions, and other important application information applicators must follow.

, Special Local Need Registrations (SLNs) [Section 24(c)] - ANSWER- FIFRA Section 24
grants states pesticide regulatory authority to issue a new use registration for a federally
registered pesticide in subsection (c). These SLNs give a state the authority to issue a
use registration not previously issued for a federally registered pesticide. This allows
states to expand the uses of certain registered pesticides within their jurisdictions. For
example, some SLN's allow uses of a registered pesticide for crops or sites not listed on
the Section 3 labeling. The 24(c) registration will contain a registration number that
includes the letters, "SLN" and the code for the state issuing the registration. DPR-
issued SLN's will be identified by the code "CA." These registrations are legal only in the
region, state, or local area specified on the 24(c) labeling. If applying a pesticide under
an SLN from another state or region, individuals and businesses are subject to civil and
criminal penalties. Contact the local CAC to find out which SLN registrations pertain to
specific crops and areas. Individuals can search and review California SLNs on our
website at: <http://apps. cdpr.ca.gov/sln/>. Individuals may also contact the local UC
Cooperative Extension farm advisor or a Pest Control Dealer.

Research Authorizations - ANSWER- California has specific regulations regarding
experimental, unregistered uses of pesticide products. In most cases, a Research
Authorization must be obtained from the Pesticide Registration Branch of DPR before
an unregistered pesticide product can be used to conduct research. A Research
Authorization is not an exemption from pesticide registration. Research Authorizations
are issued only to allow research for unregistered uses on limited acreage or use sites.
They sometimes require that the research crop be destroyed. California's Research
Authorization program is meant to allow for research that contributes to the registration
process.
Research Authorizations are different from federal Experimental Use Permits, which
must be reviewed and registered by U.S. EPA and then by DPR. In general, colleges
and universities doing research under established university policies do not need to
obtain a Research Authorization. Check with the institution prior to performing these
activities. Pesticide registrants doing experimental work on property under their control
do not need to obtain a Research Authorization.

LABEL - ANSWER- A "label" is any written, printed, or graphic matter with pest control
directions, requirements, prohibitions, and other information such as health and safety
precautions. The label must appear on, or be securely attached to, the immediate
pesticide product container or pest control device. If an outside wrapper, bag, or box
obstructs the view of the container or device label, all of the obstructed information must
be reprinted on the outside of the container to be visible.

LABELING - ANSWER- "Labeling" includes the label and all other written, printed, or
graphic matter accompanying the pesticide product container or device at any time, or
to which reference is made on the label or in literature accompanying the pesticide or
device. That is another way of saying that labeling is:
•
The label on or attached to the pesticide product container or pest control device;