[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: 40CFR152.20]



[Page 11]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 152_PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES--Table of 

Contents

 

                          Subpart B_Exemptions

 

Sec.  152.20  Exemptions for pesticides regulated by another Federal 

agency.



    Source: 53 FR 15977, May 4, 1988, unless otherwise noted.





    The pesticides or classes of pesticide listed in this section are 

exempt from all requirements of FIFRA. The Agency has determined, in 

accordance with FIFRA sec. 25(b)(1), that they are adequately regulated 

by another Federal agency.

    (a) Certain biological control agents. (1) Except as provided by 

paragraphs (a)(3) and (a)(4) of this section, all biological control 

agents are exempt from FIFRA requirements.

    (2) If the Agency determines that an individual biological control 

agent or class of biological control agents is no longer adequately 

regulated by another Federal agency, and that it should not otherwise be 

exempted from the requirements of FIFRA, the Agency will revoke this 

exemption by amending paragraph (a)(3) of this section.

    (3) The following biological control agents are not exempt from 

FIFRA requirements:

    (i) Eucaryotic microorganisms, including protozoa, algae and fungi;

    (ii) Procaryotic microorganisms, including bacteria; and

    (iii) Viruses.

    (4) All living plants intended for use as biological control agents 

are exempt from the requirements of FIFRA. However, plant-incorporated 

protectants are not exempt pursuant to this section. Regulations, 

including exemptions, for plant-incorporated protectants are addressed 

in part 174 of this chapter.

    (b) Non-liquid chemical sterilants. A non-liquid chemical sterilant, 

except ethylene oxide, that meets the criteria of Sec.  152.6(a)(2) with 

respect to its claims and Sec.  152.6(a)(3) with respect to its use 

sites is exempted from regulation under FIFRA.



[53 FR 15977, May 4, 1988, as amended at 66 FR 37814, July 19, 2001; 66 

FR 64764, Dec. 14, 2001]