[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: 40CFR152.3]



[Page 6-8]

 

                   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.  152.3  Definitions.



    Terms used in this part have the same meaning as in the Act. In 

addition, the following terms have the meanings set forth in this 

section.

    Act or FIFRA means the Federal Insecticide, Fungicide, and 

Rodenticide Act, as amended (7 U.S.C. 136-136y).

    Active ingredient means any substance (or group of structurally 

similar substances if specified by the Agency) that will prevent, 

destroy, repel or mitigate any pest, or that functions as a plant 

regulator, desiccant, or defoliant within the meaning of FIFRA sec. 

2(a), except as provided in Sec.  174.3 of this chapter.

    Acute dermal LD50 means a statistically derived estimate 

of the single dermal dose of a substance that would cause 50 percent 

mortality to the test population under specified conditions.

    Acute inhalation LC50 means a statistically derived 

estimate of the concentration of a substance that would cause 50 percent 

mortality to the test population under specified conditions.

    Acute oral LD50 means a statistically derived estimate of 

the single oral dose of a substance that would cause 50 percent 

mortality to the test population under specified conditions.



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    Administrator means the Administrator of the United States 

Environmental Protection Agency or his delegate.

    Agency means the United States Environmental Protection Agency 

(EPA), unless otherwise specified.

    Applicant means a person who applies for a registration, amended 

registration, or reregistration, under FIFRA sec. 3.

    Biological control agent means any living organism applied to or 

introduced into the environment that is intended to function as a 

pesticide against another organism declared to be a pest by the 

Administrator.

    Distribute or sell and other grammatical variations of the term such 

as ``distributed or sold'' and ``distribution or sale,'' means the acts 

of distributing, selling, offering for sale, holding for sale, shipping, 

holding for shipment, delivering for shipment, or receiving and (having 

so received) delivering or offering to deliver, or releasing for 

shipment to any person in any State.

    End use product means a pesticide product whose labeling

    (1) Includes directions for use of the product (as distributed or 

sold, or after combination by the user with other substances) for 

controlling pests or defoliating, desiccating, or regulating the growth 

of plants, and

    (2) Does not state that the product may be used to manufacture or 

formulate other pesticide products.

    Final printed labeling means the label or labeling of the product 

when distributed or sold. Final printed labeling does not include the 

package of the product, unless the labeling is an integral part of the 

package.

    Genetic material necessary for the production means both: Genetic 

material that encodes a substance or leads to the production of a 

substance, and regulatory regions. It does not include noncoding, 

nonexpressed nucleotide sequences.

    In a living plant means inside the living plant, on the surface of 

the living plant, or as an exudate from the living plant.

    Inert ingredient means any substance (or group of structurally 

similar substances if designated by the Agency), other than an active 

ingredient, which is intentionally included in a pesticide product, 

except as provided by Sec.  174.3 of this chapter.

    Institutional use means any application of a pesticide in or around 

any property or facility that functions to provide a service to the 

general public or to public or private organizations, including but not 

limited to:

    (1) Hospitals and nursing homes.

    (2) Schools other than preschools and day care facilities.

    (3) Museums and libraries.

    (4) Sports facilities.

    (5) Office buildings.

    Living plant means a plant, plant organ, or plant part that is 

alive, viable, or dormant. Examples of plant parts include, but are not 

limited to, seeds, fruits, leaves, roots, stems, flowers, and pollen.

    Manufacturing use product means any pesticide product that is not an 

end-use product.

    New use, when used with respect to a product containing a particular 

active ingredient, means:

    (1) Any proposed use pattern that would require the establishment 

of, the increase in, or the exemption from the requirement of, a 

tolerance or food additive regulation under section 408 or 409 of the 

Federal Food, Drug and Cosmetic Act;

    (2) Any aquatic, terrestrial, outdoor, or forestry use pattern, if 

no product containing the active ingredient is currently registered for 

that use pattern; or

    (3) Any additional use pattern that would result in a significant 

increase in the level of exposure, or a change in the route of exposure, 

to the active ingredient of man or other organisms.

    Noncoding, nonexpressed nucleotide sequences means the nucleotide 

sequences are not transcribed and are not involved in gene expression. 

Examples of noncoding, nonexpressed nucleotide sequences include, but 

are not limited to, linkers, adapters, homopolymers, and sequences of 

restriction enzyme recognition sites.

    Operated by the same producer, when used with respect to two 

establishments, means that each such establishment is either owned by, 

or leased for operation by and under the control of,



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the same person. The term does not include establishments owned or 

operated by different persons, regardless of contractural agreement 

between such persons.

    Package or packaging means the immediate container or wrapping, 

including any attached closure(s), in which the pesticide is contained 

for distribution, sale, consumption, use, or storage. The term does not 

include any shipping or bulk container used for transporting or 

delivering the pesticide unless it is the only such package.

    Pesticidal substance, when referring to a plant-incorporated 

protectant only, means a substance that is intended to be produced and 

used in a living plant, or in the produce thereof, for a pesticidal 

purpose during any part of a plant's life cyle (e.g., in the embryo, 

seed, seedling, mature plant).

    Pesticide means any substance or mixture of substances intended for 

preventing, destroying, repelling, or mitigating any pest, or intended 

for use as a plant regulator, defoliant, or desiccant, other than any 

article that:

    (1) Is a new animal drug under FFDCA sec. 201(w), or

    (2) Is an animal drug that has been determined by regulation of the 

Secretary of Health and Human Services not to be a new animal drug, or

    (3) Is an animal feed under FFDCA sec. 201(x) that bears or contains 

any substances described by paragraph (s) (1) or (2) of this section.

    Pesticide product means a pesticide in the particular form 

(including composition, packaging, and labeling) in which the pesticide 

is, or is intended to be, distributed or sold. The term includes any 

physical apparatus used to deliver or apply the pesticide if distributed 

or sold with the pesticide.

    Plant-incorporated protectant means a pesticidal substance that is 

intended to be produced and used in a living plant, or in the produce 

thereof, and the genetic material necessary for production of such a 

pesticidal substance. It also includes any inert ingredient contained in 

the plant, or produce thereof.

    Produce thereof, when referring to plant-incorporated protectants 

only, means a product of a living plant containing a plant-incorporated 

protectant, where the pesticidal substance is intended to serve a 

pesticidal purpose after the product has been separated from the living 

plant. Examples of such products include, but are not limited to, 

agricultural produce, grains, and lumber. Products such as raw 

agricultural commodities bearing pesticide chemical residues are not 

``produce thereof'' when the residues are not intended to serve a 

pesticidal purpose in the produce.

    Regulatory region means genetic material that controls the 

expression of the genetic material that encodes a pesticidal substance 

or leads to the production of a pesticidal substance. Examples of 

regulatory regions include, but are not limited to, promoters, 

enhancers, and terminators.

    Residential use means use of a pesticide directly:

    (1) On humans or pets,

    (2) In, on, or around any structure, vehicle, article, surface, or 

area associated with the household, including but not limited to areas 

such as non-agricultural outbuildings, non-commercial greenhouses, 

pleasure boats and recreational vehicles, or

    (3) In any preschool or day care facility.



[53 FR 15975, May 4, 1988, as amended at 66 FR 37814, July 19, 2001]