[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: 40CFR152.20]

[Page 11]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 152--PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES--Table of Contents
 
                          Subpart B--Exemptions
 
Sec. 152.20  Exemptions for pesticides regulated by another Federal agency.

    Source: 53 FR 15977, May 4, 1988, unless otherwise noted.


    The pesticides or classes of pesticide listed in this section are 
exempt from all requirements of FIFRA. The Agency has determined, in 
accordance with FIFRA sec. 25(b)(1), that they are adequately regulated 
by another Federal agency.
    (a) Certain biological control agents. (1) Except as provided by 
paragraphs (a)(3) and (a)(4) of this section, all biological control 
agents are exempt from FIFRA requirements.
    (2) If the Agency determines that an individual biological control 
agent or class of biological control agents is no longer adequately 
regulated by another Federal agency, and that it should not otherwise be 
exempted from the requirements of FIFRA, the Agency will revoke this 
exemption by amending paragraph (a)(3) of this section.
    (3) The following biological control agents are not exempt from 
FIFRA requirements:
    (i) Eucaryotic microorganisms, including protozoa, algae and fungi;
    (ii) Procaryotic microorganisms, including bacteria; and
    (iii) Viruses.
    (4) All living plants intended for use as biological control agents 
are exempt from the requirements of FIFRA. However, plant-incorporated 
protectants are not exempt pursuant to this section. Regulations, 
including exemptions, for plant-incorporated protectants are addressed 
in part 174 of this chapter.
    (b) Non-liquid chemical sterilants. A non-liquid chemical sterilant, 
except ethylene oxide, that meets the criteria of Sec. 152.6(a)(2) with 
respect to its claims and Sec. 152.6(a)(3) with respect to its use sites 
is exempted from regulation under FIFRA.

[53 FR 15977, May 4, 1988, as amended at 66 FR 37814, July 19, 2001; 66 
FR 64764, Dec. 14, 2001]