1.2 Registration Pathways: Sections 3, 18, 24(c) & 25(b)
Key Takeaways
- Section 3 is full federal registration; the product carries an EPA registration number and the label must be attached to every container.
- Section 18 emergency exemptions come in four types: specific and public health (generally up to 1 year), quarantine (up to 3 years) and crisis (up to 15 days).
- A Section 24(c) Special Local Need label is state-issued, valid only in the issuing state, and must be carried alongside the primary container label.
- Section 25(b) minimum-risk products are exempt from EPA registration but still must be registered annually with ODA before sale or distribution in Oregon.
- A three-part EPA registration number identifies a distributor or supplemental registration; the EPA establishment number identifies the facility that produced the product.
Registration Pathways: Sections 3, 18, 24(c) & 25(b)
Why this matters: Not every pesticide reaches the field the same way. EPA and the states run four distinct registration and exemption routes, and each one changes what paperwork you must be carrying when an ODA inspector walks into the field.
1. Pesticide Registration Pathways & Label Classifications
Not all pesticide labels are identical. The EPA administers four distinct registration and exemption pathways under FIFRA to address national uses, emergency outbreaks, localized state needs, and low-risk compounds.
| FIFRA Section | Registration Classification | Administrative Scope & Approval Authority | Key Operational Requirements & Limitations |
|---|---|---|---|
| Section 3 | Standard Federal Registration | Full national registration approved by EPA Headquarters after complete toxicological, environmental fate, and efficacy reviews. | Features standard EPA Registration Number (e.g., EPA Reg. No. 12345-678). Valid nationwide across all states where state-registered. |
| Section 18 | Emergency Exemption | Temporary authorization granted to a state lead agency (such as ODA) to address an urgent, unmanageable pest situation where no registered alternatives exist. | Valid only for specific geographical zones and defined timeframes (typically up to 1 year). Applicators must possess the Section 18 authorization document during application. |
| Section 24(c) | Special Local Need (SLN) | State-issued registration granting additional uses, different application rates, or unique timing for an existing federally registered product. | Generates a 24(c) Supplemental Label with a state-specific identifier (e.g., EPA SLN No. OR-260001). Applicator must possess both the primary Section 3 container label and the Section 24(c) supplemental label on site. |
| Section 25(b) | Minimum Risk Exemption | Exemption from federal registration for specific low-risk active ingredients (e.g., peppermint oil, clove oil, garlic oil) and listed inert ingredients. | Exempt from EPA registration numbers and federal tolerance requirements. Critical Oregon Note: ODA still requires annual state registration and fee payment for all Section 25(b) products sold or used in Oregon. |
The Four Subtypes of Section 18 Emergency Exemptions
- Specific Exemption: Requested by the state lead agency when an unexpected pest outbreak threatens catastrophic economic yield loss or severe environmental damage. Valid for up to 1 year.
- Quarantine Exemption: Invoked to control or eradicate an invasive biological organism or non-native foreign pest not previously established in the United States. Valid for up to 3 years.
- Public Health Exemption: Authorized when an emergency pest population threatens human health through vector-borne disease transmission (e.g., mosquito vectors of West Nile virus or Eastern Equine Encephalitis).
- Crisis Exemption: Utilized in acute, critical situations where an application must occur within days, before the formal EPA review of a Specific Exemption can conclude. The state lead agency authorizes application after notifying the EPA; valid for a maximum of 15 days unless extended by EPA action.
2. Section 18 Emergency Exemptions in Detail
FIFRA Section 18 lets EPA authorise an unregistered use of a pesticide when an emergency condition exists. Oregon's Section 18 requests are made by ODA as the state lead agency, and there are four kinds:
| Exemption | When it is used | Duration |
|---|---|---|
| Specific | An unexpected pest outbreak that would cause significant economic loss and for which no registered alternative is available | Generally up to 1 year |
| Quarantine | Control or eradication of a pest new to, or not known to be widely distributed in, the United States | Up to 3 years |
| Public health | A pest that will cause a significant risk to human health — mosquito-borne disease is the standard example | Generally up to 1 year |
| Crisis | An unpredictable emergency where the time needed for EPA to process a specific exemption would cause significant risk or loss; the state authorises the use after notifying EPA | Up to 15 days |
An applicator working under a Section 18 must have the authorisation document with them, and must follow it exactly — it typically narrows the geography, the crop, the rate and the dates far below what the ordinary label would allow.
3. Reading the Numbers on a Container
Two numbers on every label look similar and mean completely different things:
- EPA Registration Number (
EPA Reg. No.) identifies the product. A two-part number (e.g.1234-56) is a primary registrant's product. A three-part number (e.g.1234-56-789) identifies a distributor or supplemental registration — the same formulation sold under another company's brand name. - EPA Establishment Number (
EPA Est. No.) identifies the facility where the product was made, formulated or repackaged. It does not appear on the label of a Section 25(b) minimum-risk product, and it is the number used to trace a manufacturing problem. - An SLN number (e.g.
EPA SLN No. OR-…) identifies a Section 24(c) Special Local Need registration issued by a specific state. An Oregon SLN is valid only in Oregon, and you must have the SLN label in hand along with the container label.
Which of the following statements accurately describes the legal relationship between Section 25(b) Minimum Risk Pesticides and the Oregon Department of Agriculture (ODA)?
An Oregon grower is applying a product under a FIFRA Section 24(c) Special Local Need registration. What must the applicator have in their possession at the application site?