Section 18 Emergency Exemption Section 18 of FIFRA (Federal Insecticide, Fungicide & Rodenticide Act) - Authorizes the Administrator (U.S. EPA) to exempt State or Federal agencies from any provision of the Act, if he determines an emergency condition exists which require an exemption. - Can permit use of un-registered product or treatment of un-registered crop or site

Section 18 Emergency Exemption Emergency Condition - Exist only when the situation is urgent and non-routine and all three conditions are met; No effective registered pesticides are available No feasible alternative control practices The situation involves the introduction of a new pest or will present significant risks to human health, environment or will cause significant economic loss.

Section 18 Emergency Exemption Significant Economic Losses Claim Supported by Data - Loss compared to historical yield with registered alternative products: crop reports, market surveys - Average loss for crop, not worse case scenario - Losses can be changes in yield, loss in quality of product, increased costs to produce crop, etc. - Efficacy data to show expected loss using alternatives- field trials, industry efficacy data

Section 18 Emergency Exemption Significant Economic Losses Tier 1. Yield loss of at least 20% Tier 2. Loss of at least 20% Gross Income Tier 3. Loss of at Least 50% Net Operating Revenue

Significant Economic Losses Tier 1. Yield Loss of at Least 20% Treatment Percent Control of Pest (efficacy) Percent Crop Injury Yield per Acre Percent Change Compared to Three-year Average Yield Requested chemical Registered alternative Untreated

Significant Economic Losses Tier 2 Significant Economic Losses Tier 2. Loss of at Least 20% of Gross Revenue Crop Baseline-average yield without pest emergency Pest Emergency-average yield with best alternative control % Difference Between Baseline & Emergency Yield per acre Price per unit Gross revenue

Significant Economic Losses Tier 3 Significant Economic Losses Tier 3. Loss of at Least 50% Net Operating Revenue Crop Baseline-average yield without pest emergency Pest Emergency- average yield with best alternative control % Difference Between Baseline & Emergency Yield per acre Price per unit Gross revenue Costs ($/acre) Seed, fertilizer Other inputs Harvest costs Total Operating Costs per acre Net Operating Revenue per acre