A few weeks ago there were a couple of messages concerning State/EPA Section
18 inspections. Some of the comments made were a little unsettling, probably
from a lack of information. I visited with the Idaho State Department of
Agriculture Pesticide Office and came away with the following information
regarding Section 18's:
Industry is usually heavily involved in the Section 18 application process
and along with the manufacturer most often makes the  initial request for a
Section 18 to the state  pesticide regulatory authority.
Before EPA will issue a Section 18 the following from the code of federal
regulations must the adhered to:
40CFR Section 166.20(a)(10) says "Description of proposed enforcement
program. Prior to approval, the applicant shall provide an explanation of
the authority of the applicant or related State or Federal agencies for
ensuring that use of the pesticide under the proposed exemption would comply
with any special requirements imposed by the Agency and a description of the
program and procedures for assuring such compliance."
If the state cannot assure the USEPA that it can enforce the conditions of
the approval, the EPA would not be expected to approve the request.  This
topic has been discussed at meetings with the USEPA in Washington, DC this
year by state advisory groups.  If growers are not willing to reveal where
treated hives are located, or are otherwise uncooperative with state
inspection personnel, the Section 18 should not be considered.  Refusal to
cooperate may be interpreted as an indication that some beekeepers are
violating the conditions of use and trying to hide it.  If the EPA has to
take action to deny the requests for a Section 18, it may also result in an
increased effort by the FDA to check honey for illegal residues of Checkmite
(coumaphos) (of course they would also check for the normal battery of
pesticides that they usually check for, in addition to the residue of
concern).  High levels of cooperation by the beekeepers is strongly
recommended .
Below is a handout that our office gives out to help explain what is needed
to get a Section 18 request approved at the USEPA.  The state's
responsibility is to see that the conditions of the Section 18 are complied
with by the grower/beekeeper.  That is required for all Section 18 approvals
and is listed in the Code of Federal Regulations (CFR).

SECTION 18 EMERGENCY REQUESTS

Section 18 of Federal Insecticide Fungicide and Rodenticide Act provides for
emergency exemptions to allow the use of a pesticide to meet an urgent,
non-routine situation where:

1       No effective pesticides are available or registered for use to
control the pest under the conditions of the emergency; and
2       no economical or environmentally feasible alternative control
practices are available; and
3       the emergency situation:
a       will cause significant economic loss to the affected crop; and
b       involves a new pest; and
c       won't pose significant risk to human health; and
d       won't present significant risk to threatened or endangered species,
beneficial organisms or the environment.

Section 18 emergency requests generally involve the use of a pesticide on a
food crop for which no residue tolerance has been established.  Information
which must be presented in support of the emergency requests include:

1       Evidence that the pesticide will be effective in controlling the
pest(s); and
2       appropriate toxicology and residue data in support of this use; and
3       an analysis of the economic impact to the affected industry if such
a pesticide is not available to control the emergency problem; and
4       other pesticides with common modes of action; and
5       residential uses; and
6       potential for residues to be found in groundwater.

A coordinated effort by growers, commodity groups, manufacturers and
University of Idaho Extension System personnel is important for providing
accurate and complete data.    This information is essential for a timely
approval by the Environmental Protection Agency (EPA).  The EPA requires a
45-60 day review period for Section 18 emergency request.  Therefore,
requests submitted to the Idaho Department of Agriculture should be received
well in advance of the anticipated use period.

If this system gets abused the industry could finds itself without the
chemical tools it may need to survive.



Michael E. Cooper, Chief
Bureau of Feeds and Plant Services
Plant Industries Division
Idaho State Department of Agriculture
P.O. Box 790
Boise, ID 83701

Phone: (208) 332-8620
Fax: (208) 334-2283
e-mail: [log in to unmask]