Enforcement Branch

January 30, 2003        	                      ENF 2003-004


TO:       County Agricultural Commissioners

SUBJECT:  EMERGENCY EXEMPTION TO USE METHYL BROMIDE TO TREAT 
          IMPORTED COMMODITIES AT PORTS OF ENTRY

For some time we have been attempting to resolve a question regarding 
the legality of using methyl bromide for quarantine treatments at 
ports of entry.  Many of the specific commodities and use patterns 
are not included on labeling of the pesticide products.  The U.S. 
Department of Agriculture (USDA) maintained that these treatments 
were legal under emergency exemptions pursuant to section 18 of the 
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
The provisions of the emergency exemptions were alleged to have been 
documented in correspondence dated January 22, 1999; August 17, 2000; 
August 29, 2000 (2); July 26, 2001; May 28, 2002; and May 29, 2002.  
The Department of Pesticide Regulation (DPR) requested documentation 
establishing the provisions covered and that these were recognized by 
the U.S. Environmental Protection Agency (U.S. EPA) as valid FIFRA 
section 18 emergency exemptions before confirming that the applications 
were legal.

U.S. EPA has confirmed the validity of these emergency exemptions in a 
letter from Mr. Robert A. Forrest, Chief of the Minor Use, Inerts and 
Emergency Response Branch, dated January 7, 2003.  In pertinent part it 
states:

     Methyl bromide is used in port areas to ensure that imported 
     commodities do not inadvertently harbor non-indigenous and 
     quarantined pests . . . . USDA has been able to rely on 
     regulatory authorities available under the “crisis” provisions 
     of the regulations . . . . EPA is evaluating a request from 
     USDA for a quarantine exemption for these treatments . . . . 
     While that review is underway, the terms established by the 
     crisis declarations made by USDA can remain in effect.

U.S. EPA acknowledges that although the Food Quality Protection Act 
(FQPA) requires that it establish tolerances for food uses associated 
with emergency uses of a pesticide, it has not yet completed a full 
FQPA assessment for methyl bromide.  U.S. EPA’s analysis of the 
quarantine exemption request will determine at what level tolerances 
should be set and for what commodities.  It is DPR’s position that 
these are legal applications.  However, if residues of methyl bromide 
were to be found on treated commodities they would be subject to seizure 
pursuant to Division 7, Chapter 1.5, article 5, sections 12601-12615 of 
the Food and Agricultural Code.

Copies of the U.S. EPA acknowledgement letter and USDA correspondence 
are enclosed.  Restricted material permits may be issued for these uses 
based on the documentation by U.S. EPA.  If you have any questions, 
please contact your Senior Pesticide Use Specialist liaison.

Sincerely,

original signed by

Scott T. Paulsen, Chief
Pesticide Enforcement Branch
(916) 324-4100

Enclosures (1.4m, pdf)

cc:  Mr. Daniel J. Merkley, Agricultural Commissioner Liaison 
       (w/Enclosures)
     Mr. Robert A. Forrest (w/Enclosures)

FLEX YOUR POWER!  For simple ways to reduce eneregy demands and costs, 
see www.cdpr.ca.gov.

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