What is needed to apply a pesticide legally when a pest problem arises for which a food or feed commodity is not on the registered label or a tolerance has not yet been established?

• A. An emergency exemption
• B. A state license
• C. A permit from the retailer
• D. No permit is needed

Answer: (A)

An emergency exemption is needed. When a pest problem arises on a food or feed crop and the pesticide isn’t listed on the label for that crop (or a tolerance hasn’t been established), you can’t legally use the product unless you have an emergency exemption under FIFRA Section 18. This mechanism exists to handle urgent, unavoidable pest issues and allows a pesticide to be used outside its labeled indications for a limited time and with specific restrictions. The exemption is issued by the state (often with EPA involvement) and will spell out exactly which crop, which pest, what product and rate, timing, and any required tolerances or residue conditions. You must follow the exemption’s terms and maintain the required records. A state license or a retailer permit does not substitute for this emergency authorization, and claiming no permit is needed would not satisfy the legal requirement.