[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: 40CFR152.46]

[Page 14-15]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 152--PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES--Table of Contents
 
                   Subpart C--Registration Procedures
 
Sec. 152.46  Notification and non-notification changes to registrations.

    (a) Changes permitted by notification. (1) EPA may determine that 
certain minor modifications to registration having no potential to cause 
unreasonable adverse effects to the environment may be accomplished by 
notification to the Agency, without requiring that the registrant obtain 
Agency approval. If EPA so determines, it will issue procedures 
following an opportunity for public comment describing the types of 
modifications permitted by notification and any conditions and 
procedures for submitting notifications.

[[Page 15]]

    (2) A registrant may modify a registration consistent with paragraph 
(a)(1) of this section and any procedures issued thereunder and 
distribute or sell the modified product as soon as the Agency has 
received the notification. Based upon the notification, the Agency may 
require that the registrant submit an application for amended 
registration. If it does so, the Agency will notify the registrant and 
state its reasons for requiring an application for amended registration. 
Thereafter, if the registrant fails to submit an application the Agency 
may determine that the product is not in compliance with the 
requirements of the Act. Notification under this paragraph is considered 
a report filed under the Act for the purposes of FIFRA section 
12(a)(2)(M).
    (b) Changes permitted without notification. EPA may determine that 
certain minor modifications to registration having no potential to cause 
unreasonable adverse effects to the environment may be accomplished 
without notification to or approval by the Agency. If EPA so determines, 
it will issue procedures following an opportunity for public comment 
describing the types of amendments permitted without notification (also 
known as non-notification). A registrant may distribute or sell a 
product changed in a manner consistent with such procedures without 
notification to or approval by the Agency.
    (c) Effect of non-compliance. Notwithstanding any other provision of 
this section, if the Agency determines that a product has been modified 
through notification or without notification in a manner inconsistent 
with paragraphs (a) or (b) of this section and any procedures issued 
thereunder, the Agency may initiate regulatory and/or enforcement action 
without first providing the registrant with an opportunity to submit an 
application for amended registration.

[61 FR 33041, June 26, 1996]