[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR158.70]

[Page 86-87]
 
                   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. 158.70  Acceptable protocols.

    The Agency has published Pesticide Assessment Guidelines, as 
indicated in Sec. 158.20(d), which contain suggested protocols for 
conducting tests to develop the data required by this part.
    (a) General policy. Any appropriate protocol may be used provided 
that it meets the purpose of the test standards specified in the 
guidelines and provides data of suitable quality and completeness as 
typified by the protocols cited in the guidelines. Applicants should use 
the test procedure which is most suitable for evaluation of the 
particular ingredient, mixture, or product. Accordingly, failure to 
follow a suggested protocol will not invalidate a test if another 
appropriate methodology is used.
    (b) Organization for Economic Cooperation and Development (OECD) 
Protocols. Tests conducted in accordance with the

[[Page 87]]

requirements and recommendations of the applicable OECD protocols can be 
used to develop data necessary to meet the requirements specified in 
this part. Readers should note, however, that certain of the OECD 
recommended test standards, such as test duration and selection of test 
species, are less restrictive than those recommended by EPA. Therefore, 
when using the OECD protocols, care should be taken to observe the test 
standards in a manner such that the data generated by the study will 
satisfy the requirements of this part.
    (c) Procedures for requesting advice on protocols. Normally, all 
contact between the Agency and applicants or registrants is handled by 
the assigned Product Manager in the Registration Division of the Office 
of Pesticide Programs. Accordingly, questions concerning protocols 
should be directed, preferably in writing, to the Product Manager 
responsible for the registration or application which would be affected.