40 CFR § 166.41 - Limitations.

---
identifier: "/us/cfr/t40/s166.41"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 166.41 - Limitations."
title_number: 40
title_name: "Protection of Environment"
section_number: "166.41"
section_name: "Limitations."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "E"
subchapter_name: "PESTICIDE PROGRAMS"
part_number: "166"
part_name: "EXEMPTION OF FEDERAL AND STATE AGENCIES FOR USE OF PESTICIDES UNDER EMERGENCY CONDITIONS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "7 U.S.C. 136p, and 136w."
regulatory_source: "51 FR 1902, Jan. 15, 1986, unless otherwise noted."
cfr_part: "166"
---


# 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.