166.41—Limitations.
The crisis provisions may not be utilized to authorize a pesticide use if any of the following has occurred:
(a)
EPA has informed the head of the Federal or State agency, the Governor, or their official designee, not to issue such an exemption;
(b)
The pesticide use has been suspended under section 6(c) of the Act;
(c)
The pesticide use has been cancelled following a notice issued under section 6(b) of the Act;
(d)
The pesticide contains a new chemical; or
(e)
The application proposes the first food use of a pesticide.