[Code of Federal Regulations]
[Title 40, Volume 20]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR152.118]

[Page 29]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 152--PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES--Table of Contents
 
                Subpart F--Agency Review of Applications
 
Sec. 152.118  Denial of application.

    (a) Basis for denial. The Agency may deny an application for 
registration if the Agency determines that the pesticide product does 
not meet the criteria for registration under either FIFRA sec. 3(c)(5) 
or (7), as specified in Secs. 152.112 through 152.114.
    (b) Notification of applicant. If the Agency determines that an 
application should be denied, it will notify the applicant by certified 
letter. The letter will set forth the reasons and factual basis for the 
determination with conditions, if any, which must be fulfilled in order 
for the registration to be approved.
    (c) Opportunity for remedy by the applicant. The applicant will have 
30 days from the date of receipt of the certified letter to take the 
specified corrective action. During this time the applicant may request 
that his application be withdrawn.
    (d) Notice of denial. If the applicant fails to correct the 
deficiencies within the 30-day period, the Agency may issue a notice of 
denial, which will be published in the Federal Register, and which will 
set forth the reasons and the factual basis for the denial.
    (e) Hearing rights. Within 30 days following the publication of the 
notice of denial, an applicant, or any interested person with written 
authorization of the applicant, may request a hearing in accordance with 
FIFRA sec. 6(b). Hearings will be conducted in accordance with part 164 
of this chapter.

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