[Code of Federal Regulations]

[Title 40, Volume 23]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR166.3]



[Page 181-182]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 166_EXEMPTION OF FEDERAL AND STATE AGENCIES FOR USE OF PESTICIDES 

UNDER EMERGENCY CONDITIONS--Table of Contents

 

                      Subpart A_General Provisions

 

Sec.  166.3  Definitions.



    Terms used in this part shall have the meanings established by the 

Federal Insecticide, Fungicide, and Rodenticide Act. In addition, as 

used in this part, the following terms shall also apply:

    (a) The term the Act means the Federal Insecticide, Fungicide, and 

Rodenticide Act, as amended, 7 U.S.C. 136 et seq.

    (b) The terms the Agency and EPA mean the U.S. Environmental 

Protection Agency.

    (c) The term beneficial organism means any pollinating insect, or 

any pest predator, parasite, pathogen or other biological control agent 

which functions naturally or as part of an integrated pest management 

program to control another pest.

    (d) The term emergency condition means an urgent, non-routine 

situation that requires the use of a pesticide(s) and shall be deemed to 

exist when:

    (1) No effective pesticides are available under the Act that have 

labeled uses registered for control of the pest under the conditions of 

the emergency; and

    (2) No economically or environmentally feasible alternative 

practices which provide adequate control are available; and

    (3) The situation:

    (i) Involves the introduction or dissemination of an invasive 

species or a pest new to or not theretofore known to be widely prevalent 

or distributed within or throughout the United States and its 

territories; or

    (ii) Will present significant risks to human health; or

    (iii) Will present significant risks to threatened or endangered 

species, beneficial organisms, or the environment; or

    (iv) Will cause significant economic loss due to:

    (A) An outbreak or an expected outbreak of a pest; or

    (B) A change in plant growth or development caused by unusual 

environmental conditions where such change can be rectified by the use 

of a pesticide(s).

    (e) The term first food use refers to the use of a pesticide on a 

food or in a manner which otherwise would be expected to result in 

residues in a food, if no tolerance or exemption from the requirement of 

a tolerance for residues of the pesticide on any food has been 

established for the pesticide under section 408(b)(2) and (c)(2) of the 

Federal Food, Drug, and Cosmetic Act.

    (f) The term food means any article used for food or drink for man 

or animals.

    (g) The term new chemical means an active ingredient not contained 

in any currently registered pesticide.

    (h) The term significant economic loss means that, compared to the 

situation without the pest emergency and despite the best efforts of the 

affected persons, the emergency conditions at the specific use site 

identified in the



[[Page 182]]



application are reasonably expected to cause losses meeting any of the 

following criteria:

    (1) For pest activity that primarily affects the current crop or 

other output, one or more of the following:

    (i) Yield loss greater than or equal to 20%;

    (ii) Economic loss, including revenue losses and cost increases, 

greater than or equal to 20% of gross revenues;

    (iii) Economic loss, including revenue losses and cost increases, 

greater than or equal to 50% of net revenues;

    (2) For any pest activity where EPA determines that the criteria in 

paragraph (h)(1) would not adequately describe the expected loss, 

substantial loss or impairment of capital assets, or a loss that would 

affect the long-term financial viability expected from the productive 

activity.

    (i) The term Special Review refers to any interim administrative 

review of the risks and benefits of the use of a pesticide conducted 

pursuant to the provisions of EPA's Rebuttable Presumption Against 

Registration rules, 40 CFR 162.11(a), or any subsequent version of those 

rules.

    (j) The term unreasonable adverse effects on the environment means 

any unreasonable risk to man or the environment, taking into account the 

economic, social, and environmental costs and benefits of the use of any 

pesticide.

    (k) The term invasive species means, with respect to a particular 

ecosystem, any species that is not native to that ecosystem, and whose 

introduction does or is likely to cause economic or environmental harm 

or harm to human health.

    (l) The term IR-4 program means the Interregional Research Project 

No. 4, a cooperative effort of the state land grant universities, the 

U.S. Department of Agriculture and EPA, to address the chronic shortage 

of pest control options for minor crops, which are generally of too 

small an acreage to provide economic incentive for registration by the 

crop protection industry.



[51 FR 1902, Jan. 15, 1986, as amended at 71 FR 4510, Jan. 27, 2006]