Section 250.60 Emergency Exemption Registration

Section 250

Section 250.60  Emergency

Exemption Registration

a)         Any person may petition the Director to declare a pest

emergency and request approval for nonregistered use of a pesticide or

pesticide combination. The Director may on his own initiative also determine a

pest emergency exists. The Director shall approve an emergency exemption

registration of pesticide application(s) as provided in Section 18 of the FIFRA.

b)         An emergency is deemed to exist when:

1)         A pest outbreak occurs or is expected to occur and no

pesticide is registered for that particular use or no alternative method of

control is available;

2)         Significant economic losses or health problems will occur

without the use of the pesticide or pesticide combination; and

3)         The time available from discovery of pest problem is

insufficient for a pesticide to be registered for that particular use.

c)         The Director may grant a specific emergency exemption for

pesticide registration to meet emergency conditions.

d)         The Director may grant a quarantine emergency exemption to

prevent the introduction or spread of a foreign pest into or throughout the

State. A foreign pest is a pest not known to occur within the United States or

a pest not previously known to be established within the State or the United

States.

e)         The Director may grant a public health pest emergency

exemption to control pests which pose or can be expected to pose a threat to

the health of Illinois citizens. The petition to declare such an emergency must

be approved by the Director of the Department of Public Health.

f)         The emergency exemption registration petition to the Director

must be made in accordance with the Rules and Regulations promulgated by the

Department of Agriculture under the authority of the Administrative Procedure

Act (Ill. Rev. Stat. 1991, ch. 127, par. 1001-1 et seq.) and contain the

following information:

1)         The nature, scope and frequency of the emergency

blic Health.

f)         The emergency exemption registration petition to the Director

must be made in accordance with the Rules and Regulations promulgated by the

Department of Agriculture under the authority of the Administrative Procedure

Act (Ill. Rev. Stat. 1991, ch. 127, par. 1001-1 et seq.) and contain the

following information:

1)         The nature, scope and frequency of the emergency.

2)         A description of the pest known to occur, the places or times

it may be likely to occur, and the estimated time when treatment must be

commenced to be effective.

3)         Whether a pesticide registered for the particular use, or

other method of eradicating or controlling the pest, is available to meet the

emergency, and the basis for such determination.

4)         A listing of the pesticide or pesticides proposed for use in

the event of an outbreak.

5)         Description of the nature of the program for eradication or

control. Such description should include:

A)        Quantity of the pesticide expected to be applied.

B)        Area or place of application.

C)        Method of application.

D)        Duration of application.

E)        Qualifications of personnel involved in such application.

6)         Statement of economic benefits and losses anticipated with and

without the exemption and other reasonable alternatives.

7)         Analysis of possible adverse effects on man and the

environment and non-target organisms.

g)         The Director may grant a crises exemption registration to meet

a pest emergency. A crises exemption may be required when the pest outbreak is

unexpected and unpredictable and the time element with respect to application

of pest control measures is so critical that a specific exemption petition

could not be considered. For crisis exemption, the petition does not need to

include support data or information. Within 10 days of granting the crisis

exemption the Director must be provided with all the support data and

information as specified in Section 250.60(f)

ble and the time element with respect to application

of pest control measures is so critical that a specific exemption petition

could not be considered. For crisis exemption, the petition does not need to

include support data or information. Within 10 days of granting the crisis

exemption the Director must be provided with all the support data and

information as specified in Section 250.60(f).

h)         The Director may require posting of public notice and/or

conducting a public information meeting if the pesticide use poses a hazard to

man or the environment.

i)          The fee to register a pesticide product shall be as set forth

in Section 6 of the Act.