---
kind: "section"
citation: "40 C.F.R. § 166.41"
title: "40"
number: "166.41"
heading: "Limitations."
url: "https://uscodex.org/cfr/40/166.41"
---

# §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.**

## Notes

### Authority

Authority: 7 U.S.C. 136p, and 136w.

### Source

Source: 51 FR 1902, Jan. 15, 1986, unless otherwise noted.