[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: 40CFR152.15]

[Page 10-11]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 152--PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 152.15  Pesticide products required to be registered.

    No person may distribute or sell any pesticide product that is not 
registered under the Act, except as provided in Secs. 152.20, 152.25, 
and 152.30. A pesticide is any substance (or mixture of substances) 
intended for a pesticidal purpose, i.e., use for the purpose of 
preventing, destroying, repelling, or mitigating any pest or use as a 
plant regulator, defoliant, or desiccant. A substance is considered to 
be intended for a pesticidal purpose, and thus to be a pesticide 
requiring registration, if:
    (a) The person who distributes or sells the substance claims, 
states, or implies (by labeling or otherwise):
    (1) That the substance (either by itself or in combination with any 
other substance) can or should be used as a pesticide; or
    (2) That the substance consists of or contains an active ingredient 
and that it can be used to manufacture a pesticide; or
    (b) The substance consists of or contains one or more active 
ingredients

[[Page 11]]

and has no significant commercially valuable use as distributed or sold 
other than (1) use for pesticidal purpose (by itself or in combination 
with any other substance), (2) use for manufacture of a pesticide; or
    (c) The person who distributes or sells the substance has actual or 
constructive knowledge that the substance will be used, or is intended 
to be used, for a pesticidal purpose.