Utah Department of Agriculture and Food

How an Out-of-State Pesticide Applicator Can Become Licensed in Utah 

The Utah Department of Agriculture and Food will reciprocate with any state that will reciprocate with us, the United States Department of Defense (DOD), or the Bureau of Land Management (BLM). This will allow individuals holding a valid commercial license from any state, DOD or BLM to obtain a license in the State of Utah on a reciprocal basis. To apply for a Utah license an applicant must provide the following:

1. Complete Utah pesticide applications

 

2. Submit $65.00 fee.

3. Supply a copy of current State, DOD, or BLM pesticide license.

4. Supply a legible copy of government-issued photo identification.

5. Request a Letter of Good Standing from the State, DOD, or BLM licensing department, to be faxed directly to UDAF. The letter must indicate:

  • That the applicator tested in that state.
  • Expiration date for the license.
  • If applicator has no outstanding fines, fees, or pending actions for enforcement.

 

Reciprocal licenses will be good until December 31 of the year that their current applicator license will expire, unless their expiration is longer than 3 years.

The Business license fee is $75.00 for 1 - 4 commercial applicators, $150.00 for 5 - 9 commercial applicators, or $300.00 for 10 or more commercial applicators. This form is available on our website, listed above.

UDAF reserves the right to require examination (testing in Utah) of individuals for just-cause or if comparable license categories do not exist between the two states. Call 801-538-7185 for further information or questions.

Section 18, FIFRA, Emergency Exemption from Pesticide Registration

What is the purpose of this emergency exemption?

Under Section 18 of the Federal Insecticide Fungicide and Rodenticide Act (FIFRA), UDAF can request an emergency exemption from federal registration in order to allow the use of an unregistered pesticide in an emergency situation. An emergency situation must be urgent and non-routine and may include: an outbreak of a new pest, development of resistance to existing pesticides, unusual weather conditions that caused a pest outbreak, or product cancellation. If you are dealing with an urgent, non-routine pest problem and have no viable options for control, you may have a valid reason for requesting a Section 18 emergency exemption. 

What activities require this emergency exemption and who needs to get it?

Control of a pest in an emergency situation when there are no effective pesticide products that are registered to use and there are no other viable methods of control. A particular group of pesticide applicators, often times a commodity group such as the potato commission or hop commission on behalf of their members, normally apply for a Section 18 emergency exemption. 

How do I apply?

You apply by completing a form located at: www.ag.utah.gov If you do not have access to the Internet, you may receive this information by contacting the telephone number listed below. 

How much will it cost?

UDAF does not require a fee to apply for a Section 18 emergency exemption. 

Do I need to include anything with my application?

See “Guide For Requesting Section 18 Emergency Exemptions from Registration”: 

www.ag.utah.gov

General Information required: 

  1. Type of request: Specific Quarantine Public Health Crisis. 
  2. Contact persons (technical and economic). 
  3. Description of pesticide. 
  4. Description of proposed use. 
  5. Alternative methods of control.
  6. Efficacy data – summarize data. 
  7. Residue data – summarize data, must support the proposed time-limited tolerance.
  8. Risk information – summarize risks to human health and the environment, list proposed mitigation measures.
  9. Acknowledgement of registrant. 
  10. Previous use under Section 18 (repeat requests only.) 
  11. Progress towards registration. 

Information required for specific exemption, as appropriate:

  1. Pest(s) to be controlled. 
  2. Events which brought about the emergency conditions.
  3. Risks to T/E species, beneficial organisms, or environment that are mitigated. 
  4. Discussion of economic loss – Tier 1, 2, or 3 as appropriate. 

Applicants for repeat Section 18 requests eligible for re-certification must submit a letter or email to UDAF certifying the following: 

  1. The emergency condition still exists. 
  2. The information is still accurate. 
  3. The conditions of use are identical. 
  4. Any conditions or limitations from previous exemptions are satisfied. 
  5. There are no new alternative control measures that are effective. 

Re-certification requests cannot be submitted as regional requests.

The following items must be included with Section 18 requests (when applicable):

  1. Letter of support from the registrant – all Section 18 requests. 
  2. Draft Section 18 label (1 copy) – all Section 18 requests. 
  3. Current federal label (1 copy) – all Section 18 requests. 
  4. Letter of support from a USU researcher, extension specialist and/or other unaffiliated expert verifying the emergency condition – new Section 18 requests only. 
  5. Residue data (food or feed uses) – new Section 18 requests only, unless additional studies were conducted. 
  6. Efficacy data – new Section 18 requests only, unless additional studies were conducted. 
  7. Data on risks to human health and the environment – new Section 18 requests only, unless additional studies were conducted. 
  8. Aquatic risk assessment form (except for indoor and seed treatment uses) – new Section 18 requests only. 
  9. Use report - repeat Section 18 requests only. Also, be sure to include any data required by the EPA granting document (if applicable). 

Is the Section 18 label format consistent with EPA and UDAF requirements?

Refer to the Section 18 guidance document 

  1. All applicable requirements and conditions from the request (crop/site, use rate, restrictions, etc.) submitted by UDAF
  2. Any additional requirements and conditions from the EPA granting document (including the EPA file symbol number, first use date and expiration date)
  3. If the Section 18 label has a waiver of liability statement, it must be consistent with EPA and UDAF requirements

Is the decision to approve my request dependent on anything besides the information in my application? 

The U.S. Environmental Protection Agency (EPA) must grant the emergency exemption. 

When will I receive the exemption?

The U.S. EPA has established a 50-day period to review Section 18 requests. UDAF also needs time to review and compose a petition to EPA. As a rule of thumb, the following time lines should be observed when submitting a Section 18 request:

  • Request for a repeat Section 18: submit to UDAF at least 80 days prior to the earliest use. 
  • Request for a new Section 18: submit to UDAF at least 120 days prior to the earliest use. 

These are minimum time lines; the more time for Agency review, the better chance of obtaining emergency use by the time it is needed. 

How long is the exemption?

  • A Section 18 emergency exemption is valid for one specific growing season.

Section 24(c) Registration

Under the authority of Section 24(c) of FIFRA, states may register an additional use of a federally registered pesticide product, or a new end use product to meet special local needs, if the following conditions exist:

  1. Special Local Need. Special local need means an existing or imminent pest problem within a state for which the state lead agency, based upon satisfactory supporting information, has determined that an appropriate federally registered pesticide product is not sufficiently available.
    • "...existing or imminent pest problem..." means a problem which already exists or is likely to exist.
    • "...based upon satisfactory information… an appropriate federally registered pesticide is not sufficiently available..." means a state can document that a federally registered product
      1. is not available in the state for the desired site(s) to adequately control the target pest(s), or
      2. cannot be applied without causing unacceptable risks to human health or the environment, or
      3. is necessary to maintain an IPM, resistance management, or minor use pest control program, or
      4. could be replaced by a formulation that poses less risk to man or the environment.
  2. The additional use is covered by necessary tolerances or other clearances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
  3.  Registration for the same use has not previously been denied, disapproved, suspended, or canceled by the Administrator, or voluntarily canceled by the registrant subsequent to issuance of a notice of intent to cancel because of health or environmental concerns about an ingredient contained in the pesticide product. If new data becomes available that resolves the Agency’s health or environmental concerns, a 24(c) may be submitted.
  4. Registration is not contrary to the purposes of FIFRA.
  5. If the proposed use or product falls into one of the following categories, the state has determined that it will not cause unreasonable adverse effects on man or the environment: FIFRA Section 18 Emergency Exemption Program; FIFRA Section 24(c) Resource Attachment
    • Use of a product which has a composition not similar to any federally registered product.
    • Use of a product involving a use pattern not similar to any federally registered use of the same product or a product of similar composition.
    • Use of a product for which other uses of the same product, or uses of a product of similar composition, have had registration denied, disapproved, suspended, or canceled by the Administrator. In addition to these general conditions, states must follow the specific procedures set forth in the regulations. To assure that their 24(c) registrations are properly issued and reported to EPA, states should also follow the guidance on EPA’s website.

EPA broadly oversees the states’ Section 24(c) registration programs and reviews the application package containing the following items:

  • A properly completed Notification of State Registration (EPA Form 8570-25).
  • A cover letter with a description of what special local need is being met by the issuance of the Section 24(c) and a clear explanation of how the definition of special local need is met.
  • A copy of the labeling approved by the state.
  • A properly completed copy of the Confidential Statement of Formula if the product is not federally registered.
  • An Unreasonable Adverse Effects Determination Statement (which summarizes the state’s assessment of risks and benefits and supports the conclusion that no unreasonable adverse effects will occur) is only required if:
    • The product is not substantially similar in composition and use pattern to a federally registered product, or
    • Other uses of the same product, or of a product with similar composition, have had registration denied, disapproved, suspended or canceled by the Administrator. 


The application also indicates the date the state registration was issued. The state must notify the Agency within 10 days of the date of issuance of the registration. The Agency has 90 days from the date the state registration was issued to make a final decision on the 24(c) application. If the state does not notify the Agency of the issuance of the registration within 10 days of its effective date, then the 90 day "clock" begins on the date that the agency receives the application package (see 40 CFR 162.154(c)).

FIFRA Section 18 Emergency Exemption Program; FIFRA Section 24(c) Resource Attachment

EPA reviews these registrations, and may disapprove the state registration if, among other things, the use is not covered by necessary tolerances, or the use has been previously denied, disapproved, suspended or canceled by the Administrator, or voluntarily canceled subsequent to a notice concerning health or environmental concerns. For more detailed information on the Section 24(c) program, refer to 40 CFR 162.153 and EPA’s Guidance for Requesting a Section 24(c), found on EPA’s main pesticides web page at www.epa.gov/pesticides and searching for “Section 24”.

How does a Section 24(c) registration differ from a Section18 emergency exemption?

  • Section 24(c)
  • Section 18

Who can apply?

  • Registrants or 3rd party apply to the SLA. Section 24(c) is registered by the SLA. 


Commodity Association, University Researcher (Registrant may not) requests SLA to submit Section 18 application to EPA; EPA authorizes the Section 18 State specific?

  • Yes
  • Not always (i.e. a federal request could involve several states)


How long?

  • May be issued w/ expiration date and can be renewed.Wait for approval by EPA and generally granted w/ expiration of use < 1 year.


Cost?

  • None


Registrations under FIFRA Section 24(c), also known as “Special Local Needs” registrations, are issued by the state and are only applicable to that state. The “Special Local Needs” that 24(c)s are intended to address are defined as situations where there is an existing or imminent pest problem for which no appropriate federally registered FIFRA Section 18 Emergency Exemption Program; FIFRA Section 24(c) Resource Attachment pesticide is available. When a state issues a 24(c) it becomes effective immediately, although EPA has 90 days to review the registration. After those 90 days, unless EPA objects, a 24(c) is considered equivalent to a registration under Section 3 of FIFRA.

Section 24(c) registrations are issued state specific registration numbers. The number is written as "EPA SLN No." followed by the two letter state designation, then the last two digits of the year of issuance, and finally a four digit number which is the consecutive number of registrations that the registering state has issued in that particular year. For example: If the company ABC applied for a Section 24(c) registration in the State of North Carolina and it was the 34th SLN registration accepted by North Carolina in the year 1995, then the 24(c) registration number would be EPA SLN No. NC950034.

Multiple states can jointly submit a regional Section 18 request to EPA. If EPA authorizes an emergency exemption, then the authorization letter will include a six digit EPA ID number (year, state, sequential set of numbers).Any third party, including registrants, may apply to the SLA for a 24(c) registration for an additional use of a registered pesticide on a non-food site, or a food crop when a tolerance has been established or is not required. Most 24(c)s are valid until withdrawn or cancelled, but some may expire after a period of time.

An emergency exemption under FIFRA Section 18 can be requested by an SLA or by a federal agency. Unlike 24(c)s, registrants cannot solicit an emergency exemption. Section 18s may apply to multiple states and are granted for a limited amount of time. As the name implies, Section 18s are an exemption from FIFRA requirements and not considered the equivalent of a FIFRA Section 3 registration as 24(c)s are. Section 18s must be approved by EPA before they take effect, and will only be granted if the Agency is convinced that an emergency condition exists. We will spend a significant amount of time in the next module explaining exactly what qualifies as an emergency.

Finally, both 24(c)s and Section 18s require supporting data; and 24(c)s may be subject to annual maintenance fees for the registrant while Section 18s are not.

Section 2(ee) of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) and General Pesticide

Rule WAC 16-228-1225 allow pesticide users to apply pesticides under certain limited conditions that are not specified on a pesticide label. Written bulletins or recommendations are not required for applicators to make applications that are allowed under section 2(ee). Registrants sometimes issue section 2 (ee) uses recommendations for their products in the form of written bulletins. These written bulletins are not labels nor are they required to be registered with Utah Department of Agriculture (UDAF). However, written bulletins are considered “labeling” and must be consistent with FIFRA requirements and the section 3 label.

Section 2(ee) of FIFRA and General Pesticide Rule WAC 16-228-1225 allow that a pesticide may be:

  • Applied at any dosage, concentration, or frequency less than that specified on the label (unless the  label specifically prohibits such an application).
  • Applied against any target pest not specified on the label (unless EPA has required that the pesticide may be used only for the specified pests).
  • Applied by any method not prohibited by the label (unless the label specifically states the pesticide may be applied only by the methods specified on the label). Examples of methods include aerial, ground and airblast.
  • Mixed with another pesticide or a fertilizer (if not prohibited by the label).

Please be aware that section 2(ee) use recommendations are subject to the following restrictions:

  • The section 2(ee) use recommendation cannot add a crop/site, or expand an existing crop/site.
  • The section 2(ee) use recommendation cannot increase the dosage, concentration or frequency of application.
  • The section 2(ee) use recommendation cannot decrease the pre-harvest interval or the interval between applications.
  • The section 2(ee) use recommendation cannot change the timing or type of application. Examples of timing of application include pre-bloom versus post-bloom and pre-harvest versus post-harvest.

Examples of type of application include indoor versus outdoor and soil incorporated versus foliar.

  • The section 2(ee) use recommendation cannot add chemigation as a method of application.
  • The section 2(ee) use recommendation cannot allow a lower dosage or concentration than specified on the label for pre-construction termiticide uses (refer to EPA PR Notice 96-7).


Pesticide applicators are not required to have a copy of the section 2(ee) use 
recommendation when making an application allowed under section 2(ee) of FIFRA and General Rules. Written bulletins may not include statements or requirements to the contrary. The registrant is responsible for ensuring the recommended use is consistent with the section 3 label and is allowed under section 2(ee). Registrants should be aware that distribution of an incorrect section 2(ee) recommendation is an unlawful act that can result in compliance action.

For further information please contact Utah Department of Agriculture and Food @ 801-538-1785

24(c) and Section 18 Pesticides approved for use in Utah 

24(c) and Section 18 Tracking Sheet

#

 

Type

RUP

 

Product Name

 

EPA Reg. #

 

UT SLN #

 

Registrant

 

Registration Date

1

24(c) SLN

 

ASSAIL 70WP  INSECTICIDE

8033-23

UT-09-0001A

NISSO

3/4/09-3/4/14

2

24(c) SLN

 

ASSAIL 70WP  INSECTICIDE

 

8033-23-70506

UT-09-0001B

UNITED PHOSPHORUS INC

3/4/09-3/4/14

3

24(c) SLN

X

ZORO

67760-71

UT-09-0002

CHEMINOVA AGRO A/S

4/22/09-4/22/14

4

24(c) SLN

X

TEMPRANO

 

67760-71-400

UT-09-0007

CHEMTURA CORPORATION

4/22/09-4/22/14

5

24(c) SLN

 

ENDURA FUNGICIDE

7969-197

UT-09-0003

BASF CORPORATION

5/27/09-5/27/14

6

24(c) SLN

 

STARANE ULTRA

62719-577

UT-09-0004

DOW AGROSCIENCE 308/2E225

6/9/09-9/9/14

7

24(c) SLN

X

PARAQUAT SL HERBICIDE

 

82557-1

UT-09-0005

SINON USA

6/10/09-6/10/2014

8

24(c) SLN

X

FIRESTORM

 

82557-1-400

UT-09-0006

CHEMTURA CORPORATION

6/10/09-6/10/2014

9

24(c) SLN

 

ACRAMITE-4SC

 

400-514

UT-07-0003

CHEMTURA CORPORATION

5/21/2009

10

24(c) SLN

X

AGRISOLUTIONS TUNDRA EC

 

1381-196

UT-07-0008

WINFIELD SOLUTIONS LLC

6/3/2009

11

24(c) SLN

X

COMITE

 

400-104

UT-79-0015

CHEMTURA CORPORATION

5/21/2009

12

24(c) SLN

X

COMITE

400-104

UT-96-0006

CHEMTURA CORPORATION

5/21/2009

13

24(c) SLN

 

DIBROM 8 EMULSIVE

 

5481-479

UT-99-0005

AMVAC CHEMICAL CORPORATION

6/2/2009

14

24(c) SLN

 

DICOFOL 4E

 

6622-56

UT-07-0005

MAKHTESHIM-AGAN OF N AMERICA

6/15/2009

15

24(c) SLN

X

DUPONT VYDATE L INSECTICIDE/NEMATICIDE

352-532

UT-99-0004

EI DUPONT DE NEMOURS & CO

6/27/2008

16

24(c) SLN

 

MASTERLINE KONTROL 30-30 CONCENTRATE

73748-5

UT-01-0004

UNIVAR USA

5/30/2008

17

24(c) SLN

 

MASTERLINE KONTROL

4-473748-4

UT-01-0003

UNIVAR USA

5/30/2008

18

24(c) SLN

 

PRENTOX PERM-X UL 30-30

655-811

UT-05-0003

PRENTISS INCORPORATED

6/23/2008

19

24(c) SLN

 

PRENTOX PERM-X UL 4-4

 

655-898

UT-04-0001

PRENTISS INCORPORATED

6/23/2008

20

24(c) SLN

 

RIMON 0.83 EC

 

66222-35

UT-07-0004

MAKHTESHIM-AGAN OF N AMERICA

6/15/2009

21

24(c) SLN

 

RIMON 0.83EC

 

66222-35-400

UT-07-0004

CHEMTURA CORPORATION

5/21/2009

22

24(c) SLN

X

SUPRACIDE 2E ON ALFALFA GROWN FOR SEED

10163-236

UT-00-0006

GOWAN COMPANY

6/2/2009

23

24(c) SLN

 

THIONEX 3EC

 

66222-63

UT-03-0003

MAKHTESHIM-AGAN OF N AMERICA

6/15/2009

24

24(c) SLN

 

TREFLAN TR-10 (ALFALFA)

 

62719-131

UT-87-0002

DOW AGROSCIENCE 308/2E225

6/2/2009

25

24(c) SLN

 

TREFLAN TR-10 (ALFALFA) SEED CROP

62719-131

UT-90-0001

DOW AGROSCIENCE 308/2E225

6/2/2009

26

24(c) SLN

 

ONAGER MITICIDE

10163-277

UT-140001

GOWAN

12/31/2013

 27

 24(c)
SLN

 

Prozap Zinc Phosphide Pellets 

61282-49 

UT-150003 

Venus Eagle 

4/30/2015-
12/31/2020 

28

24(c) SLN

 

TRANSFORM WG

 

UT-150004

DOW AGROSCIENCE 308/2E225

6/9/2015

 29

 

 

 

 

 

 

 

Section 18 (Emergency Exemption)

1

 

 

Movento

264-1050

09-UT-0001

Bayer Crop Science

6/1/09-9/1/09

 2

 

 

Hopguard II 

83623 

 15-UT-0001

 BetaTec Hop Products

 3/12/15-12/31/15

Last Updated: 3/18/2015