FIFRA Section 24c, Special Local Need

Section 24(c) of the Federal Insecticide Fungicide, and Rodenticide Act (FIFRA), allows for registration of a pesticide product as a Special Local Need (SLN).

EPA reviews these registrations and may disapprove the state registration if:

• The use is not covered by necessary tolerances.
• The use has been previously denied, disapproved, suspended or canceled by the Administrator or voluntarily canceled subsequent to a notice concerning health or environmental concerns.

Minnesota may register a new end use product for any use, or an additional use of a federally registered pesticide product, if the Commissioner determines that:

1. The pesticide's composition warrants the proposed claims for the pesticide;
2. The pesticide's label and other material required to be submitted comply with this chapter;
3. The pesticide will perform its intended function without unreasonable adverse effect on the environment;
4. The pesticide will not generally cause unreasonable adverse effects on the environment when used in accordance with label directions; and
5. A special local need for the pesticide exists.

• Grower groups and technical experts from the university should be working in conjunction with the registrant to complete an application as soon as pest problem is recognized.
• The MDA expects new and renewal applications to be submitted by the registrant, in full, no later than 2 months prior to the initial use date.
• Registrants submit the application fee via mail to the address designated on the MDA application form.
• Registrants submit the completed application package via email to Haley Johnson at Haley.Johnson@state.mn.us with subject line: [PRODUCT NAME] 24c Application.

Applications will not be reviewed until the entire packet is submitted.

1. A printed and completed "Application for Registration of New Section 24(c) Special Local Need Pesticide Products" (Listed under Forms + Resources)
2. Application fee of $150/product (payable only by check)
3. Registrant letter of support
4. Efficacy and/or residue data
   • Residue data- products classified for food or feed use.
   • Efficacy data- products classified for public health use.
5. Letter of support from a qualified knowledgeable expert
   • The anticipated use dates for the product. (For example: June 1 through August 31.)
   • A description of the pest problem.
     • Name and description of the crop(s) or other site(s) of application
     • Scientific and common name(s) of the pest(s)
     • A description of whether the pest problem is localized in Minnesota, regional, or nationwide. Specify which other states have requested or been granted this request.
     • A description of the proposed pesticide use (e.g. higher application rate, new use site)
   • A summary of which existing pesticide and non-pesticide options/methods are available for managing the pest, and why they are insufficient.
     • Document the lack of sufficient non-chemical pest control methods for the pest(s) of concern.
     • Document the lack of sufficient EPA-registered pesticides by providing a list of the available pesticides currently registered for the proposed use including:
       • Active ingredient(s)
       • Explanation of why each pesticide will not sufficiently control the pest problem or is not sufficiently available.
   • A discussion covering how the proposed use would not result in unreasonable adverse effects on people or the environment.
   • Field studies, if available.
   • Letter should be sent directly to the registrant for inclusion in the application package.
6. Letter of support from commodity group
   • A description of the pest problem.
   • A summary of which existing pesticide and non-pesticide options/methods are available for managing the pest, and why they are insufficient.
   • The anticipated use dates for the product. (For example: June 1 through August 31.)
   • Letter should be sent directly to the registrant for inclusion in the application package. 
7. EPA Application for Notification of State Registration form No. 8570-25
8. A draft SLN label
9. The current Section 3 container label

Upon receiving a completed 24(c) product registration packet for an EPA registered product the State of Minnesota can begin the registration process. The MDA reviews the application package to ensure it is complete and meets both state and federal requirements:

• State:
  1. the pesticide's composition warrants the proposed claims for the pesticide;
  2. the pesticide's label and other material required to be submitted comply with this chapter;
  3. the pesticide will perform its intended function without unreasonable adverse effect on the environment;
  4. the pesticide will not generally cause unreasonable adverse effects on the environment when used in accordance with label directions; and
  5. a special local need for the pesticide exists.
• Federal:
  1. Special Local Need
  2. The additional use is covered by necessary tolerances or other clearances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
  3. Registration for the same use has not previously been denied, disapproved, suspended, or canceled by the Administrator, or voluntarily canceled by the registrant
  4. The state has determined that it will not cause unreasonable adverse effects on man or the environment

• The MDA may request additional information.
• MDA review staff present their findings to management.
• The final decision is made by the MDA commissioner.
• After issuing a SLN registration, the MDA is then required by federal regulations to notify the EPA. EPA has 90 days from the effective date to disapprove the SLN registration (the SLN registration is valid during the 90-day EPA review period).
• SLN registrations and labels are given an expiration date typically one growing season in length up to five years from the approval date.

Once a 24(c) is within six months from its expiration date, the registrant is responsible for notifying the State of Minnesota if they want to request an extension to the expiration date or let the registration expire.

• Technical experts and commodity groups should keep track of expiration dates and inform the registrant of the need for renewal.
• If there is still a need, new support letters should be drafted addressing any new alternative products.

In order to request an extension past the label expiration date, the registrant will need to submit a new 24(c) registration packet in full, restarting the process from the beginning. This is to ensure a special local need still exists and a registration is still warranted.