[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR152.112]

[Page 27]
 
                   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. 152.112  Approval of registration under FIFRA sec. 3(c)(5).

    EPA will approve an application under the criteria of FIFRA sec. 
3(c)(5) only if:
    (a) The Agency has determined that the application is complete and 
is accompanied by all materials required by the Act and this part, 
including, but not limited to, evidence of compliance with subpart E of 
this part;
    (b) The Agency has reviewed all relevant data in the possession of 
the Agency (see Secs. 152.107 and 152.111);
    (c) The Agency has determined that no additional data are necessary 
to make the determinations required by FIFRA sec. 3(c)(5) with respect 
to the pesticide product which is the subject of the application;
    (d) The Agency has determined that the composition of the product is 
such as to warrant the proposed efficacy claims for it, if efficacy data 
are required to be submitted by part 158 of this chapter for the 
product;
    (e) The Agency has determined that the product will perform its 
intended function without unreasonable adverse effects on the 
environment, and that, when used in accordance with widespread and 
commonly recognized practice, the product will not generally cause 
unreasonable adverse effects on the environment;
    (f) The Agency has determined that the product is not misbranded as 
that term is defined in FIFRA sec. 2(q) and part 156 of this chapter, 
and its labeling and packaging comply with the applicable requirements 
of the Act, this part, and parts 156 and 157 of this chapter;
    (g) If the proposed labeling bears directions for use on food, 
animal feed, or food or feed crops, or if the intended use of the 
pesticide results or may reasonably be expected to result, directly or 
indirectly, in pesticide residues (including residues of any active or 
inert ingredient of the product, or of any metabolite or degradation 
product thereof) in or on food or animal feed, all necessary tolerances, 
exemptions from the requirement of a tolerance, and food additive 
regulations have been issued under FFDCA sec. 408, sec. 409 or both; and
    (h) If the product, in addition to being a pesticide, is a drug 
within the meaning of FFDCA sec. 201(q), the Agency has been notified by 
the Food and Drug Administration (FDA) that the product complies with 
any requirements imposed by FDA.