[Code of Federal Regulations]

[Title 40, Volume 23]

[Revised as of July 1, 2006]

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

[CITE: 40CFR152.112]



[Page 27]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 152_PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES--Table of 

Contents

 

                 Subpart F_Agency Review of Applications

 

Sec.  152.112  Approval of registration under FIFRA sec. 3(c)(5).



    EPA will approve an application under the criteria of FIFRA sec. 

3(c)(5) only if:

    (a) The Agency has determined that the application is complete and 

is accompanied by all materials required by the Act and this part, 

including, but not limited to, evidence of compliance with subpart E of 

this part;

    (b) The Agency has reviewed all relevant data in the possession of 

the Agency (see Sec. Sec.  152.107 and 152.111);

    (c) The Agency has determined that no additional data are necessary 

to make the determinations required by FIFRA sec. 3(c)(5) with respect 

to the pesticide product which is the subject of the application;

    (d) The Agency has determined that the composition of the product is 

such as to warrant the proposed efficacy claims for it, if efficacy data 

are required to be submitted by part 158 of this chapter for the 

product;

    (e) The Agency has determined that the product will perform its 

intended function without unreasonable adverse effects on the 

environment, and that, when used in accordance with widespread and 

commonly recognized practice, the product will not generally cause 

unreasonable adverse effects on the environment;

    (f) The Agency has determined that the product is not misbranded as 

that term is defined in FIFRA sec. 2(q) and part 156 of this chapter, 

and its labeling and packaging comply with the applicable requirements 

of the Act, this part, and parts 156 and 157 of this chapter;

    (g) If the proposed labeling bears directions for use on food, 

animal feed, or food or feed crops, or if the intended use of the 

pesticide results or may reasonably be expected to result, directly or 

indirectly, in pesticide residues (including residues of any active or 

inert ingredient of the product, or of any metabolite or degradation 

product thereof) in or on food or animal feed, all necessary tolerances, 

exemptions from the requirement of a tolerance, and food additive 

regulations have been issued under FFDCA sec. 408, sec. 409 or both; and

    (h) If the product, in addition to being a pesticide, is a drug 

within the meaning of FFDCA sec. 201(q), the Agency has been notified by 

the Food and Drug Administration (FDA) that the product complies with 

any requirements imposed by FDA.