A Report on the 24-C Pesticide Labeling Process for Nursery Coop Members
Pesticide registration is mandated by the Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA). In addition to many other things, this act
provides individual states the ability to register pesticides for additional
Sites or Uses (such as forest nurseries) not on the nationally registered
label (usually called a Section 3 registration – since these registrations
are regulated under Section 3 of FIFRA). This is referred to as a Section
24(c) registration (since these registrations are regulated under Section
24(c) of FIFRA) or a ”Special Local Need” registration, (SLN registration),
because the product registration was obtained by an individual state for the
expressed purposes of a specific local pesticide need. The Nursery Coop has
helped to register several products using the 24(c) process, including
Reflex and Pounce 3.2 EC which are registered in several Southeastern states
for use in forest tree nurseries.
As defined by the EPA, a “special local need” is “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.” Most
states do not require human health and environmental fate data because these
data have already been collected and evaluated by the EPA during the federal
Section 3 registration. The downside to Section 24(c) registrations,
however, is that the process must be conducted on a state by state basis and
this could potentially take a lot of time to register a product for an
entire region. Secondly, there is always the possibility that some states
may not approve the registration. Nevertheless, Section 24(c) registrations
provide forest nurseries and/or manufacturers the opportunity to register
many chemicals that otherwise would not be unavailable.
All states have regulations mandating that pesticide products be registered
within their state if it is to be distributed, sold, or offered for sale, or
if it is to be transported between or within states. Such state
registrations are authorized by Section 3 of FIFRA. State pesticide
registration is a way to generate revenue and regulate what products are
being used within the state. All states have the right to ensure that the
pesticides used within their borders meet safety, environmental, and
efficacy requirements as they define them. They can make pesticide
regulations more restrictive, but they cannot make them less restrictive.
Within some states there is an additional but smaller fee for a Section
24(c) registration, but in most states if the product is already registered
within that state for some other use there is no additional fee.
Occasionally chemical companies want to register products using the Section
24(c) process which are not already registered for any use within that
state. In this case, the Section 24(c) registration is treated as if it was
a new registration and the same fees that apply to full state registration
are required.
Another process that may occasionally occur are 3rd party registrations.
These registrations are requested by an applicant or registrant other than
the manufacturer. The downside to these registrations is that the 3rd party
assumes all liability with the product. Obviously the advantage is that the
chemical company may be more willing to register its product for a
particular Site (such as forest nurseries). Some states do not allow 3rd
party registrations. As a general rule, 3rd party registrations are rare and
in virtually all cases, 24(c) applications MUST be supported by the
manufacturer.
Although FIFRA provides a general outline to the EPA regarding state
regulatory agency 24(c) registration procedures, it did not establish
standardized protocols for those registrations. As a result, each state has
its own individual section 24-C protocol for SLN submissions and approval.
Anyone interested in obtaining a 24(c) label must be familiar with the
protocols of their own state. In this report we attempt to clarify the
registration processes associated with Section 24(c) registrations for all
the southern states. We hope this will help Coop members to better
understand the registration process in their own state should they elect to
pursue a 24(c) registration, either on their own or in collaboration with
the Nursery Coop.
Current 24-C registrations for forest tree nurseries are organized by state
in the table
HERE. Each product is listed along with its active ingredient,
crop (site), and a link to a current downloadable label. By clicking on the
individual state name, Coop members can obtain the 24(c) requirements and
procedures for that particular state. Within the 24-C Requirements and
Procedures for each state is the mailing address, a contact person (s), and
the materials needed for a Section 24(c) application package within that
state. This is followed by the application package review process for that
state as well as any other relevant state specific information. Finally all
products currently registered using the Section 24(c) process within that
state are listed.