[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: 40CFR152.85]

[Page 18-19]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 152--PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES--Table of Contents
 
  Subpart E--Procedures To Ensure Protection of Data Submitters' Rights
 
Sec. 152.85  Formulators' exemption.

    (a) FIFRA section 3(c)(2)(D) excuses an applicant from the 
requirement to submit or cite data pertaining to the safety of any 
ingredient (or mixture of ingredients) contained in his product that is 
derived solely from one or more EPA-registered products which the 
applicant purchases from another producer.
    (b) If the product contains one or more ingredients eligible for the 
formulators' exemption, the applicant need not comply with the 
requirements of Secs. 152.90 through 152.96 with respect to any data 
requirements pertaining to the safety of any such ingredient, provided 
that he submits to the Agency a certification statement containing the 
following information (a form for this purpose is available from the 
Agency):
    (1) Identification of the applicant, and of the product by EPA 
registration number or file symbol;

[[Page 19]]

    (2) Identification of each ingredient in the pesticide that is 
eligible for the formulators' exemption, and the EPA registration number 
of the product that is the source of that ingredient;
    (3) A statement that the listed ingredients meet the requirements 
for the formulators' exemption;
    (4) A statement that the applicant has submitted (either previously 
or with the current application) a complete, accurate and current 
Confidential Statement of Formula; and
    (5) The name, title and signature of the applicant or his authorized 
representative and the date of signature.
    (c) An applicant for amended registration is not required to submit 
a new formulators' exemption statement, if the current statement in 
Agency files is complete and accurate.

[49 FR 30903, Aug. 1, 1984, as amended at 58 FR 34203, June 23, 1993; 60 
FR 32096, June 19, 1995]