[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: 40CFR166.7]

[Page 187]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 166_EXEMPTION OF FEDERAL AND STATE AGENCIES FOR USE OF PESTICIDES 
UNDER EMERGENCY CONDITIONS--Table of Contents
 
                      Subpart A_General Provisions
 
Sec. 166.7  User notification; advertising.

    (a) A State or Federal agency that obtains an exemption may notify 
eligible users of the availability of the exempted pesticide(s) through 
user groups, retail dealers, and other means. Notification may include 
distributing copies of the section 18 approval letter, labeling, or 
other information to eligible persons.
    (b) As set forth more fully in Sec. 168.22 of this chapter, EPA 
interprets FIFRA sections 12(a)(1) (A) and (B) as making it unlawful for 
any person who distributes, sells, offers for sale, holds for sale, 
ships, delivers for shipment, or receives and (having so received) 
delivers or offers to deliver any pesticide, to advertise the pesticide 
for any use authorized by an emergency exemption, except for 
advertisements that are placed in media that address only persons in the 
geographical area to which the exemption applies, state the name and 
address of one or more retail dealers where users may buy the pesticide, 
and contain a prominent notice of the limitations on use under the 
emergency exemption. EPA may withdraw an exemption if the use of the 
pesticide covered by the exemption is advertised unlawfully.

[54 FR 1125, Jan. 11, 1989]