When should CUU applications be submitted?

To avoid interruption of product registration, applications should be submitted well in advance of the prohibition deadline.

No

Yes. Registrants of distributor products must submit a currently unavoidable use exemption application for distributor products. The application can refer (i.e., “right to refer”) to decisions made about the Section 3 product as support for an exemption.

Do distributor products need a CUU exemption if the Section 3 product has already received one?

Yes. Registrants of distributor products must submit a currently unavoidable use exemption application for distributor products. The application can refer (i.e., “right to refer”) to decisions made about the Section 3 product as support for an exemption.

No

Pesticide products with intentionally added PFAS are regulated by the MDA while treated articles, such as pesticide treated seeds, with intentionally added PFAS are regulated by the MPCA. Many pesticide products may be used in or on treated articles. The MDA and the MPCA are working together to determine how CUU exemptions will be handled for treated articles. The MPCA will conduct rulemaking to lay out their CUU exemption process including for treated articles. Guidelines for treated article CUU exemptions will be posted on MDA’s website, when finalized.

If a CUU is obtained for a seed treatment pesticide, is an additional CUU exemption needed for the treated seed?

Pesticide products with intentionally added PFAS are regulated by the MDA while treated articles, such as pesticide treated seeds, with intentionally added PFAS are regulated by the MPCA. Many pesticide products may be used in or on treated articles. The MDA and the MPCA are working together to determine how CUU exemptions will be handled for treated articles. The MPCA will conduct rulemaking to lay out their CUU exemption process including for treated articles. Guidelines for treated article CUU exemptions will be posted on MDA’s website, when finalized.

No

Yes.

Are CUU guidelines the same for pesticidal cleaning products and all other pesticides?

Yes.

No

Information that is marked as trade secret by the registrant, and that the Commissioner determines to be trade secret, will be accessible to only select individuals involved in pesticide application processing.

Will information marked as trade secret be accessible to all MDA employees?

Information that is marked as trade secret by the registrant, and that the Commissioner determines to be trade secret, will be accessible to only select individuals involved in pesticide application processing.

No

Registrants are responsible for determining if their products meet the definition of “cleaning product” and notifying the MDA on renewals.