[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: 40CFR158.35]

[Page 83-84]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 158--DATA REQUIREMENTS FOR REGISTRATION--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 158.35  Flexibility of the data requirements.

    Several provisions of this part provide EPA flexibility in requiring 
(or not requiring) data and information for the purposes specified in 
Sec. 158.20(b). These provisions are summarized in this section and 
discussed elsewhere in this part.
    (a) The Agency encourages each applicant, particularly a person 
applying for registration for the first time, to consult with the 
Product Manager for his product to resolve questions relating to the 
protocols or the data requirements before undertaking extensive testing 
under Sec. 158.40.
    (b) Any applicant who believes that a data requirement is 
inapplicable to a specific pesticide product may request a waiver of a 
data requirement under Sec. 158.45.
    (c) The Agency may require an applicant to provide additional data 
or information beyond that specified in subparts C and D of this part 
when these data are not sufficient to permit EPA to evaluate the 
applicant's product under Sec. 158.75.
    (d) Several policies are in effect that govern the data requirements 
for registration of products having minor uses. These policies reduce 
substantially the data requirements that need to be met on the basis of 
limited exposures and economic equity, and allow case-by-case decision 
making to determine the specific needs for each kind of use under 
Sec. 158.60.

[[Page 84]]

    (e) The data requirements and guidelines are not static documents. 
Section 3(c)(2) of FIFRA states that the administrator ``shall revise 
such guidelines from time to time.'' Therefore, the data requirements 
and guidelines will be revised periodically to reflect new scientific 
knowledge, new trends in pesticide development, and new Agency policies 
under Sec. 158.80.

[49 FR 42881, Oct. 24, 1984, as amended at 53 FR 15999, May 4, 1988]