1. 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

2. 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.

3. 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

4. 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

5. 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

6. 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

7. 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