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FIFRA letter from New York State DEC to Cornell

May 17, 1988 letter from Thomas C. Jorling, Commissioner, State of New York
Department of Environmental Conservation, Albany, New York 12233-1010

TO: Mr. David L. Call, Dean
New York State College of
Agriculture and Life Sciences
122 Roberts Hall
Cornell University
Ithaca, New York 14853

Dear Mr. Call:

We have reviewed the April 11, 1988 memorandum from you that contained
your recommendations for the FIFRA Section 2(ee) policy regarding pesticide
use.

To take advantage of the Cornell offer of publishing the approved 2(ee)
recommendations in their publications, the Department will adopt the
following two-step process.

For this year, we propose to issue an approval of the 2(ee)
recommendations contained in the 1988 Cornell New York State Pesticide
Recommendations and other Cornell "Recommends" publications. To accomplish
this in accordance with the mandates of 6NYCRR Section 325.2(b), we request
from you the following:

(1) A statement confirming the efficacy of the Section 2(ee)
recommendations contained in the 1988 Cornell New York State
Pesticide Recommendations and other 1988 Cornell "Recommends"

publications; and

(2) A listing of all the Section 2(ee) recommendations in the above
documents to be provided to the Department, along with data,
reports, studies, or other information that supports these
recommendations. These would be submitted within 90 days of
receipt of your letter, and should be forwarded to the Bureau of
Pesticide Management within the Division of Hazardous Substances
Regulation.

For the future years, we will adopt the enclosed policy, which would be
included in the 1989 New York State Pesticide Recommendations developed by
Cornell.

We hope this approach, both for the short term and for the long term,
will allow for a simplified, yet effective, 2(ee) policy.

If you have any questions, please contact Mr. N.G. Kaul at (518)
457-6934.

Section 2(ee) Policy

Federal and State laws make it illegal to use a pesticide "in a manner
inconsistent with its label". Section 2(ee) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), as amended, defines this term and
states that certain types of use, while not specifically stated on the
pesticide label, are not considered uses inconsistent with the label. These
uses are, therefore, acceptable. Under EPA Policy, anyone (including those
with a financial interest in the pesticide) may make a 2(ee) recommendation.

Individual states are allowed to be more restrictive, and New York State
has determined that it is necessary to place more stringent requirements on
2(ee) recommendations. Under state regulations Part 325.2(b), "registered
pesticides may be used only in accordance with label directions or as
modified or expanded and approved by the Department".

Modifications or expansions of registered labels under 2(ee) may be made
under the following conditions when used in New York State:

(1) All proposed recommendations must be made in writing by a
recognized research institution such as the New York State College
of Agriculture and Life Sciences at Cornell University or the New
York State School of Forestry at Syracuse. Manufacturers,
distributors and individual users may not make such
recommendations.

(2) The proposed recommendations must be submitted to the Department of
Environmental Conservation, accompanied by appropriate data that
demonstrates the efficacy or otherwise supports the recommendation.

(3) Recommendations must be approved in writing by the Department of
Environmental Conservation. Once approved, the 2(ee)
recommendation can be included in the publications of the research
institution.

(4) Anyone using a pesticide under an approved 2(ee) recommendation
must have the appropriate publication with the approved 2(ee)
recommendation in his/her possession at the time of the
application.

(5) Manufacturers proposing changes in registered labels must file for
Special Local Need (SLN) registrations under Section 24(c) of
FIFRA.