[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: 40CFR152.115]



[Page 28-29]

 

                   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.  152.115  Conditions of registration.



    (a) Substantially similar products and new uses. Each registration 

issued under Sec.  152.113 shall be conditioned upon the submission or 

citation by the registrant of all data which are required for 

unconditional registration of his product under FIFRA sec. 3(c)(5), but 

which have not yet been submitted, no later than the time such data are 

required to be submitted for similar pesticide products already 

registered. If a notice requiring submission of such data has been 

issued under FIFRA sec. 3(c)(2)(B) prior to the date of approval of the 

application, the applicant must submit or cite the data described by 

that notice at the time specified by that notice. The applicant must 

agree to these conditions before the application may be approved.

    (b) New active ingredients. Each registration issued under Sec.  

152.114 shall be conditioned upon the applicant's agreement to each of 

the following conditions:



[[Page 29]]



    (1) The applicant will submit remaining required data (and interim 

reports if required) in accordance with a schedule approved by the 

Agency.

    (2) The registration will expire upon a date established by the 

Agency, if the registrant fails to submit data as required by the 

Agency. The expiration date will be established based upon the length of 

time necessary to generate and submit the required data. If the studies 

are submitted in a timely manner, the registration will be cancelled if 

the Agency determines, based on the data (alone, or in conjuction with 

other data), that the product or one or more of its uses meets or 

exceeds any of the risk criteria established by the Agency to initiate a 

special review. If the Agency so determines, it will issue to the 

registrant a Notice of Intent to Cancel under FIFRA sec. 6(e), and will 

specify any provisions for sale and distribution of existing stocks of 

the pesticide product.

    (3) The applicant will submit an annual report of the production of 

the product.

    (c) Other conditions. The Agency may establish, on a case-by-case 

basis, other conditions applicable to registrations to be issued under 

FIFRA sec. 3(c)(7).

    (d) Cancellation if condition is not satisfied. If any condition of 

the registration of the product is not satisfied, or if the Agency 

determines that the registrant has failed to initiate or pursue 

appropriate action towards fulfillment of any condition, the Agency will 

issue a notice of intent to cancel under FIFRA sec. 6(e).



[53 FR 15980, May 4, 1988, as amended at 60 FR 32096, June 19, 1995]