Emergency condition

Emergency condition means an urgent, non-routine situation that requires the use of a pesticide and shall be deemed to exist when:
(1) No effective pesticides are available under the Act that have labeled uses registered for control of the pest under the conditions of the emergency; and
(2) No economically or environmentally feasible alternative practices which provide adequate control are available; and
(3) The situation:
(i) Involves the introduction or dissemination of an invasive species or a pesticide new to or not theretofore known to be widely prevalent or distributed within or throughout the United States and its territories; or
(ii) Will present significant risks to human health; or
(iii) Will present significant risks to threatened or endangered species, beneficial organisms, or the environment; or
(iv) Will cause significant economic loss due to:
(A) An outbreak or an expected outbreak of a pest; or
(B) A change in plant growth or development caused by unusual environmental conditions where such change can be rectified by the use of a pesticide(s).

Source

40 CFR § 166.3

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Scoping language

Terms used in this part have the same meaning as in the Act. In addition, as used in this part, the following terms shall apply:

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