[Code of Federal Regulations]

[Title 40, Volume 23]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR152.500]



[Page 42-43]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 152_PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES--Table 

of Contents

 

                            Subpart Z_Devices

 

Sec. 152.500  Requirements for devices.





    (a) A device is defined as any instrument or contrivance (other than 

a firearm) intended for trapping, destroying, repelling, or mitigating 

any pest or any other form of plant or animal life



[[Page 43]]



(other than man and other than a bacterium, virus, or other 

microorganism on or in living man or living animals) but not including 

equipment used for the application of pesticides (such as tamper-

resistant bait boxes for rodenticides) when sold separately therefrom.

    (b) A device is not required to be registered under FIFRA sec. 3. 

The Agency has issued a policy statement concerning its authority and 

activities with respect to devices, which was published in the Federal 

Register of November 19, 1976 (41 FR 51065). A device is subject to the 

requirements set forth in:

    (1) FIFRA sec. 2(q)(1) and part 156 of this chapter, with respect to 

labeling;

    (2) FIFRA sec. 7 and part 167 of this chapter, with respect to 

establishment registration and reporting;

    (3) FIFRA sec. 8 and part 169 of this chapter, with respect to books 

and records;

    (4) FIFRA sec. 9, with respect to inspection of establishments;

    (5) FIFRA sec. 12, 13, and 14, with respect to violations, 

enforcement activities, and penalties;

    (6) FIFRA sec. 17, with respect to import and export of devices;

    (7) FIFRA sec. 25(c)(3), with respect to child-resistant packaging; 

and

    (8) FIFRA sec. 25(c)(4), with respect to the Agency's authority to 

declare devices subject to certain provisions of the Act.



[53 FR 15990, May 4, 1988. Redesignated at 60 FR 32096, June 19, 1995]