[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: 40CFR162.153]

[Page 157-159]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 162--STATE REGISTRATION OF PESTICIDE PRODUCTS--Table of Contents
 
Subpart D--Regulations Pertaining to State Registration of Pesticides To 
                        Meet Special Local Needs
 
Sec. 162.153  State registration procedures.

    (a) Application for registration. States shall require all 
applicants for registration to submit the following information:
    (1) Name and address of the applicant and any other person whose 
name will appear on the labeling or in the directions for use.
    (2) The name of the pesticide product, and, if the application is 
for an amendment to a federally registered product, the EPA registration 
number of that product.
    (3) A copy of proposed labeling, including all claims made for the 
product as well as directions for its use to meet the special local 
need, consisting of:
    (i) For a new product, a copy of the complete proposed labeling; or,
    (ii) For an additional use of a federally registered product, a copy 
of proposed supplemental labeling and a copy of the labeling for the 
federally registered product.
    (4) The complete formula of the product, if the application is for a 
new product registration.
    (5) Any other information which is required to be reviewed prior to 
registration under this section.
    (b) Special local need determination. In reviewing any application 
for registration, the State shall determine whether there is a special 
local need for the registration. Situations which a State may consider 
as not involving a special local need may include, but are not limited 
to, applications for registrations to control a pest problem present on 
a nationwide basis, or for use of a pesticide product registered by 
other States on an interregional or nationwide basis.
    (c) Unreasonable adverse effects determination. (1) Prior to issuing 
a registration in the following cases, the State shall determine that 
use of the product for which registration is sought will not cause 
unreasonable adverse effects on man or the environment, when used in 
accordance with labeling directions or widespread and commonly 
recognized practices:
    (i) For use of a product which has a composition not similar to any 
federally registered product.
    (ii) For use of a project involving a use pattern not similar to any 
federally registered use of the same product or of a product with a 
similar composition.
    (iii) For use of a product for which other uses of the same product, 
or of a product with a similar composition, have had registration 
denied, disapproved, suspended, or cancelled by the Administrator.
    (2) Determinations required by paragraph (c)(1) of this section 
shall be based on data and criteria consistent with those sections of 
part 152 of this chapter, applicable to the type of product or use under 
consideration. Such determinations may also involve consideration of the 
effect of the anticipated classification of the product or use under 
Sec. 162.153(h).
    (d) Efficacy determination. Prior to registration of any use of a 
product for public health purposes--that is, a use which could result in 
substantial harm to the public health if the product does not perform 
its intended function, the State shall determine that the product 
warrants the claims made for it in the registration application. Such 
determinations shall be based on criteria specified in applicable 
sections of part 152 of this chapter and on any additional criteria 
established by the State.
    (e) Labeling requirements. (1) Prior to issuing any registration, 
the State shall review the proposed labeling submitted with the 
application to determine compliance with this paragraph. In addition, 
the State shall review a copy of the final printed labeling as soon as 
practical after a registration is issued in order to verify compliance 
with this paragraph.
    (2) For a new product, the State must, as a condition of the 
registration, require that the product be accompanied from the time it 
enters the stream of commerce by labeling meeting all applicable 
criteria of Sec. 156.10 of this chapter. New product labeling must all 
contain:

[[Page 158]]

    (i) A statement identifying the State where registration is to be 
valid.
    (ii) The special local need registration number assigned by the 
State.
    (3) Except as provided in paragraph (e)(4) of this section, as a 
condition for a registration of an additional use of a federally 
registered product, the State must require that at the time of sale to 
users, labeling from the federally registered product be accompanied by 
supplemental labeling which contains:
    (i) A statement identifying the State where registration is valid.
    (ii) Directions for use to meet the special local need which satisfy 
the criteria of Sec. 156.10(i) of this chapter.
    (iii) The trade name of the product.
    (iv) The name and address of the section 24(c) registrant.
    (v) The EPA registration number of the federally registered product.
    (vi) The special local need registration number assigned by the 
State.
    (vii) A statement prohibiting use of the product in a manner 
inconsistent with all applicable directions, restrictions, and 
precautions found in the labeling of the federally registered product 
and accompanying supplemental labeling.
    (4) When a federally registered product is already in the stream of 
commerce at the time the State issues a registration for an additional 
use of that product, the State must ensure that supplemental labeling 
for the additional use, meeting the criteria of paragraph (e)(3) of this 
section, is made available to purchasers and users of the product within 
45 days of the date on which the State approves the final printed 
supplemental labeling.
    (5) If a State classifies for restricted use a product or use 
registered by the State, which is not required to be so classified by 
paragraph (g) of this section, then the State may require supplemental 
labeling for the product or use containing additional appropriate 
precautions, and a statement that the product or use is for restricted 
use within that State.
    (f) Packaging and coloration standards. All products registered by a 
State must meet all appropriate packaging standards prescribed by the 
Administrator under sec. 25(c)(3) of FIFRA. State registered products 
must also meet all appropriate standards for coloration, or 
discoloration, established by regulation under sec. 25(c) of FIFRA, 
including the standards contained in subpart H of part 153 of this 
chapter. Prior to issuing any registration, the State shall determine 
that the product will conform to these requirements.
    (g) Classification. (1) As part of the registration of any product 
or use, a State shall classify the product or use as a restricted use 
pesticide if:
    (i) The product is identical or similar in composition to a 
federally registered product:
    (A) For which all federally registered uses have been classified as 
restricted by the Administrator; or
    (B) For which a use similar to the State registered use has been 
classified as restricted by the Administrator; or
    (ii) The State registered product or use meets the criteria for 
classification as a restricted use pesticide under the applicable 
provisions of Sec. 152.170 of this chapter.
    (2) [Reserved]
    (h) Notification and Submission of Data. (1) Within ten working days 
from the date a State issues, amends, or revokes a registration, the 
State shall notify EPA, in writing, of the action. Notification of State 
registrations, or amendments thereto, shall include the effective date 
of the registration or amendment, a confidential statement of the 
formula of any new product, and a copy of the draft labeling reviewed 
and approved by the State, provided that labeling previously approved by 
the Administrator as part of a federal registration need not be 
submitted.
    (2) Notification of State registrations or amendments shall be 
supplemented by the State sending to EPA a copy of the final printed 
labeling approved by the State within 60 days after the effective date 
of the registration or amendment.
    (3) Notification of revocation of a registration by a State shall 
indicate the effective date of revocation, and shall state the reasons 
for revocation.
    (4) The Administrator or his designee may request, when appropriate, 
that a State submit to EPA any data used by the State to determine that 
unreasonable adverse effects will not be caused

[[Page 159]]

when the State registers any use described in paragraph (c)(1) of this 
section. Within 15 working days of receipt of such a request from EPA, 
the State shall submit two copies of the requested data.
    (i) Federal Register Publication. The Administrator shall publish in 
the Federal Register, on a regular basis, a summary of all State 
registrations made under sec. 24(c) during a previous reporting period 
established by the Administrator. For each product or use registered, 
the notice shall indicate:
    (1) The name of the product.
    (2) The name of the registrant.
    (3) The registered use(s) of the product.
    (4) The effective date of the State registration.
    (5) If the registration is for an additional use of a federally 
registered product, whether the State registration involves a changed 
use pattern.

[46 FR 2014, Jan. 7, 1981, as amended at 53 FR 15999, May 4, 1988; 60 FR 
32097, June 19, 1995]