[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: 40CFR152.118]



[Page 29-30]

 

                   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.  152.118  Denial of application.



    (a) Basis for denial. The Agency may deny an application for 

registration if the Agency determines that the pesticide product does 

not meet the criteria for registration under either FIFRA sec. 3(c)(5) 

or (7), as specified in Sec. Sec.  152.112 through 152.114.

    (b) Notification of applicant. If the Agency determines that an 

application should be denied, it will notify the applicant by certified 

letter. The letter will set forth the reasons and factual basis for the 

determination with conditions, if any, which must be fulfilled in order 

for the registration to be approved.

    (c) Opportunity for remedy by the applicant. The applicant will have 

30 days from the date of receipt of the certified letter to take the 

specified corrective



[[Page 30]]



action. During this time the applicant may request that his application 

be withdrawn.

    (d) Notice of denial. If the applicant fails to correct the 

deficiencies within the 30-day period, the Agency may issue a notice of 

denial, which will be published in the Federal Register, and which will 

set forth the reasons and the factual basis for the denial.

    (e) Hearing rights. Within 30 days following the publication of the 

notice of denial, an applicant, or any interested person with written 

authorization of the applicant, may request a hearing in accordance with 

FIFRA sec. 6(b). Hearings will be conducted in accordance with part 164 

of this chapter.