[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: 40CFR162.151]

[Page 155]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 162--STATE REGISTRATION OF PESTICIDE PRODUCTS--Table of Contents
 
Subpart D--Regulations Pertaining to State Registration of Pesticides To 
                        Meet Special Local Needs
 
Sec. 162.151  Definitions.

    Unless otherwise indicated, terms used in this subpart have the 
meanings set forth in FIFRA and in subpart A of this part. In addition, 
as used in this subpart, the following terms have the meanings set forth 
below:
    (a) Federally registered means currently registered under sec. 3 of 
the Act, after having been initially registered under the Federal 
Insecticide, Fungicide, and Rodenticide Act of 1947 (Pub. L. 86-139; 73 
Stat. 286; June 25, 1947) by the Secretary of Agriculture or under FIFRA 
by the Administrator.
    (b) Manufacturing-use product means any pesticide product other than 
a product to be labeled with directions for end use. This term includes 
any product intended for use as a pesticide after re-formulation or 
repackaging.
    (c) New product means a pesticide product which is not a federally 
registered product.
    (d) Pest problem means (1) a pest infestation and its consequences, 
or (2) any condition for which the use of plant regulators, defoliants, 
or desiccants would be appropriate.
    (e) Product or pesticide product means a pesticide offered for 
distribution and use, and includes any labeled container and any 
supplemental labeling.
    (f) Similar composition refers to a pesticide product which contains 
only the same active ingredient(s), or combination of active 
ingredients, and which is in the same category of toxicity, as a 
federally registered pesticide product.
    (g) Similar product means a pesticide product which, when compared 
to a federally registered product, has a similar composition and a 
similar use pattern.
    (h) Similar use pattern refers to a use of a pesticide product 
which, when compared to a federally registered use of a product with a 
similar composition, does not require a change in precautionary labeling 
under Sec. 156.10(h) of this chapter, and which is substantially the 
same as the federally registered use. Registrations involving changed 
use patterns are not included in this term.
    (i) Special local need means an existing or imminent pest problem 
within a State for which the State lead agency, based upon satisfactory 
supporting information, has determined that an appropriate federally 
registered pesticide product is not sufficiently available.
    (j) State or State lead agency as used in this subpart means the 
State agency designated by the State to be responsible for registering 
pesticides to meet special local needs under sec. 24(c) of the Act.

[46 FR 2014, Jan. 7, 1981, as amended at 53 FR 15999, May 4, 1988]