United States Department of Agriculture 

Animal and Plant Health Inspection Service 

WS Directive 2.405 02/11/04

PESTICIDE REGISTRATIONS AND PERMITS

1. PURPOSE 

 

To establish the procedures, guidelines, and responsibilities for 

applying for and maintaining WS Section 3 and 24(c) 

registrations, Section 5 permits, and Section 18 exemptions under 

the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 

as amended. 

2. REPLACEMENT HIGHLIGHTS 

This directive revises WS Directive 2.405 dated 5/3/95. 

 

3. POLICY 

State Directors must forward all inquiries and requests regarding 

pesticide registrations through their respective Assistant 

Regional Director. The WS Pesticide Coordination Committee is 

responsible for recommending the approval or disapproval of new 

or existing pesticide registrations, label changes, emergency 

exemptions, permits, and addressing and resolving other pesticide 

policy issues. The Deputy Administrator has final decision 

authority regarding all pesticide matters. 

4. DEFINITIONS 

a. Section 3 Registration. Known as a Federal pesticide 

registration. FIFRA provides the U.S. Environmental Protection 

Agency (EPA) the authority to require a formal process for 

registering all pesticides before they can be sold or distributed 

in intrastate or interstate commerce. 

b. Section 5 Permit. More commonly known as an Experimental Use 

Permit. FIFRA authorizes EPA to issue a permit for a specific 

pesticide to accumulate information necessary for registration 

under Section 3 of FIFRA. 

c. Section 18. Better known as an Emergency Exemption. Authority 

provided by FIFRA allows the EPA Administrator to exempt any 

Federal or State agency from any provisions of FIFRA if an 

emergency condition exists that requires such exemption. 

d. Section 24(c) Registration. More commonly known as a Special 

Local Needs registration. FIFRA allows States to issue special 

registrations for additional uses of a Federally registered 

pesticide (Section 3) for distribution and use within that State 

to meet special local needs. 
5. PESTICIDE COORDINATION COMMITTEE 

The Pesticide Coordination Committee is comprised of 1) the 

Director of the Operational Support Staff (OSS) (Chairperson) or 

its representative, 2) Manager, Product Development Section, 

National Wildlife Research Center (NWRC) and/or Pesticide 

Registration Liaison, NWRC (NWRC's representation alternates 

according to subject and availability), Pocatello Supply Manager, 

and, 3) Chief, Environmental Services (ES), Policy and Program 

Development. 

6. INQUIRIES, APPLICATION PROCESS, AND APPROVAL 

a. Inquiries. Field personnel having general questions or 

inquiries regarding pesticide registrations should contact their 

immediate supervisor. Technical questions should be forwarded to 

the respective Assistant Regional Director or the Director, OSS. 

NWRC employees should contact the Manager, Product Development 

Section or the Pesticide Registration Liaison or OSS. 

b. Application Process. Requests for FIFRA Section 3, 5, 18, and 

24(c) registrations, permits, or exemptions must be initiated by 

a State Director and receive approval from their respective 

Assistant Regional Director. NWRC personnel should direct 

requests to the Director, NWRC. Each initial request will be 

reviewed for feasibility, appropriateness, and need. The 

Assistant Regional Director or Director, NWRC will determine if 

the request should be denied, modified, or forwarded on to the 

Pesticide Coordination Committee for further consideration. If 

the request is forwarded, it will be reviewed for data 

requirements, costs and availability and potential impacts on 

other WS registrations. 

c. Approval. The Pesticide Coordination Committee will make 

decisions on requests that do not require policy changes or 

substantial costs. Those decisions requiring policy changes 

and/or involving substantial costs, will be forwarded to the 

Deputy Administrator. A written notice of the approval, 

modification, or disapproval will be issued by the Chairperson to 

the requestor via the Assistant Regional Director. 

OSS will provide assistance for approved requests in developing 

formal applications, and other administrative forms, data matrix, 

and label, and will review the application package for compliance 

with EPA requirements. State Directors are ultimately 

responsible for submitting Section 24 (c) applications to the 

State. 

7. REGISTRATION MAINTENANCE AND TRACKING 

All documentation regarding application and any subsequent 

correspondence relating to proposed, granted, or amended Section 

3 or 24(c) registrations, Section 5 permits, or Section 18 

Exemptions must be forwarded to ES for maintenance and tracking. 

ES will provide administrative documents required by State 
governments or EPA. All correspondence and documents are 

permanently archived by NWRC. 

8. DATA DEVELOPMENT, REPORTING AND ARCHIVING 

NWRC is responsible for developing, reporting, and archiving all 

required data needed to maintain or expand WS Section 3 and 24(c) 

pesticide registrations and to support Section 5 permits and 

Section 18 exemptions. NWRC may obtain support of funding from 

any available or authorized source (see WS Directive 3.101, 

Cooperative Programs) and may also form, participate, and 

administer data gathering consortia necessary to meet WS needs. 

9. REGISTRATION AND ANNUAL MAINTENANCE FEES 

Prior to the sale, distribution, and use of a pesticide, State 

Directors must assure that the pesticide in question is 

registered in his/her respective State (see WS Directive 2.401, 

Pesticide Use) or that a Section 18 exemption is granted. State 

registration costs and annual maintenance fees assessed by the 

State and/or EPA on Section 24(c) registrations are the 

responsibility of each WS State Office. Annual maintenance fees 

assessed by EPA for Section 3 products, and the technical 

registrations to support them, are the responsibility of the 

Pocatello Supply Depot (see WS Directive 3.115, Pocatello Supply 

Depot). 

10. REFERENCES 

WS Directive 2.401, Pesticide Use. (02/17/04). 

WS Directive 3.101, Cooperative Programs. (2/25/94). 

WS Directive 3.115, Pocatello Supply Depot. (8/27/03). 

Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 

et seq.), as amended. 

40 CFR Parts 150-189 - Subchapter E-Pesticide Programs. 

Deputy Administrator