Under Section 18 of FIFRA, states and federal agencies are allowed to permit the unregistered use of a pesticide in a specific geographic area for a limited time if emergency pest conditions exist.
This typically arises when agricultural growers and others encounter a pest problem on a site for which there is either no registered pesticide available, or for which there is a registered pesticide that would be effective but is not yet approved for use on that particular site. Exemptions may also be approved for public health and quarantine reasons.
Under Section 24(c) of FIFRA, states can register a new pesticide product for any use, or a federally registered product for an additional use, or additional restriction as long as there is both a demonstrated "special local need," and a tolerance, exemption from a tolerance, or other clearance under the Federal Food, Drug, and Cosmetic Act (FFDCA). EPA has the authority to disapprove a state's special local need registration application.
| PERMIT # | DATE ISSUED | EXPIRATION DATE | PRODUCT NAME | COMPANY | PEST/SITE |
|---|---|---|---|---|---|
| SD240002 | 04-02-2024 | 12-31-2027 | Spartan 4F Herbicide for Mint | FMC Corporation, Philadelphia, PA | Use to control certain weeds in mint grown in South Dakota |
| SD250001 | 4-28-25 | 12-31-2027 | FYFANON Malathion Insecticide | Helena Agri-Enterprises, LLC | For control of Red Sunflower Seed Weevils in Sunflowers. |
| SD250002 | 4-28-25 | 12-31-2027 | Drexel Malathion Insecticide 5EC | Drexel Chemical Company | For control of Red Sunflower Seed Weevils in Sunflowers. |
| SD250003 | 4-28-25 | 12-31-2027 | Malathion 57EC | Loveland Products | For control of Red Sunflower Seed Weevils in Sunflowers. |
| SD250004 | 4-28-25 | 12-31-2027 | FYFANON 57% EC | FMC Corporation | For control of Red Sunflower Seed Weevils in Sunflowers. |
| SD250005 | 4-28-25 | 12-31-2027 | Malathion 5 Insecticide | Winfield United | For control of Red Sunflower Seed Weevils in Sunflowers. |
| Amendment SD090008 | 10-27-2022 | 12-31-2027 | Habitat Herbicide 24C | BASF Corporation | For control of salt cedar in South Dakota |