[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: 40CFR152.15]



[Page 11]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 152_PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES--Table of 

Contents

 

                      Subpart A_General Provisions

 

Sec.  152.15  Pesticide products required to be registered.



    No person may distribute or sell any pesticide product that is not 

registered under the Act, except as provided in Sec. Sec.  152.20, 

152.25, and 152.30. A pesticide is any substance (or mixture of 

substances) intended for a pesticidal purpose, i.e., use for the purpose 

of preventing, destroying, repelling, or mitigating any pest or use as a 

plant regulator, defoliant, or desiccant. A substance is considered to 

be intended for a pesticidal purpose, and thus to be a pesticide 

requiring registration, if:

    (a) The person who distributes or sells the substance claims, 

states, or implies (by labeling or otherwise):

    (1) That the substance (either by itself or in combination with any 

other substance) can or should be used as a pesticide; or

    (2) That the substance consists of or contains an active ingredient 

and that it can be used to manufacture a pesticide; or

    (b) The substance consists of or contains one or more active 

ingredients and has no significant commercially valuable use as 

distributed or sold other than (1) use for pesticidal purpose (by itself 

or in combination with any other substance), (2) use for manufacture of 

a pesticide; or

    (c) The person who distributes or sells the substance has actual or 

constructive knowledge that the substance will be used, or is intended 

to be used, for a pesticidal purpose.