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326.26 Emergency Exemptions from Registration Requirements

  1. Anyone may petition the commissioner to request that the ERA issue an emergency exemption from the requirement of federal and state registration.
  2. An applicant petitioning the commissioner to request an emergency exemption must provide the following information which is identical to the information required by 40CFR Part 166.20(a) as incorporated by reference in Part 320 of this Title:

    1. Identity of contact persons;
    2. Description of the pesticide;
    3. Description of the proposed use;
    4. Alternative methods of control;
    5. Effectiveness of proposed use;
    6. Discussion of residues for food uses;
    7. Discussion of risk information;
    8. Coordination with other affected state or federal agencies;
    9. Notification of registrant or basic manufacturer;
    10. Description of proposed enforcement program; and
    11. Information on repeated use.
  3. Petitions must be submitted to the Department at least one hundred and five (105) days prior to the date on which use is proposed to commence.
  4. The Department will inform the person submitting a petition within thirty (30) days of receipt whether the materials submitted are complete.
  5. Petitions that have been determined to be complete, will be submitted by the Department to the EPA at least sixty (60) days prior to the date on which use is proposed to commence.
  6. Where an emergency situation arises too late to meet the time lines specified in the statute, the Department will consider granting a crisis exemption as authorized under federal law subject to the limitations prescribed by federal law. A request for a crisis exemption must be submitted to the commissioner and must be accompanied by the following information:

    1. Adequate justification that an emergency condition exists;
    2. Explanation of the reason that the emergency condition was not able to be predicted in time to meet the time lines specified in the statute; and
    3. All the information specified in subdivision (b).

Source: Part 326 Registration and Classification of Pesticides. New York State Department of Environmental Conservation, Albany, NY. Rev. Nov. 1998.