[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: 40CFR153.125]

[Page 43-44]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 153--REGISTRATION POLICIES AND INTERPRETATIONS--Table of Contents
 
        Subpart G--Determination of Active and Inert Ingredients
 
Sec. 153.125  Criteria for determination of pesticidal activity.

    Source: 53 FR 15989, May 4, 1988, unless otherwise noted.


    (a) An ingredient will be considered an active ingredient if it is 
contained in a pesticide product and:
    (1) The ingredient has the capability by itself, and when used as 
directed at the proposed use dilution, to function as a pesticide; or
    (2) The ingredient has the ability to elicit or enhance a pesticidal 
effect in another compound whose pesticidal activity is substantially 
increased due to the interaction of the compounds. Compounds which 
function simply to enhance or prolong the activity of an active 
ingredient by physical action, such as stickers and other adjuvants,

[[Page 44]]

are not generally considered to be active ingredients.
    (b) Normally the applicant will determine and state in his 
application whether an ingredient is active or inert with respect to 
pesticidal activity. The Agency, as part of its review of an application 
for registration, or in conjunction with the Registration Standard or 
Special Review process, may require any ingredient, to be designated as 
an active ingredient if the Agency finds that it meets the criteria in 
paragraph (a) of this section. Conversely, the Agency may determine that 
any ingredient designated as active by an applicant is an inert 
ingredient if it fails to meet those criteria.
    (c) If an ingredient is designated as an active ingredient, it must 
be identified in the label ingredients statement. If an ingredient is 
designated as an inert ingredient, it must be included as part of the 
total inert ingredients in the label ingredients statement.
    (d) Designation of a substance as a pesticidally inert ingredient 
does not relieve the applicant or registrant of other requirements of 
FIFRA with respect to labeling of inert ingredients or submission of 
data, or from the requirements of the Federal Food, Drug, and Cosmetic 
Act with respect to tolerances or other clearance of ingredients.

[53 FR 15989, May 4, 1988, as amended at 60 FR 32096, June 19, 1995]