[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: 40CFR152.30]



[Page 13-14]

 

                   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.  152.30  Pesticides that may be transferred, sold, or distributed 

without registration.



    An unregistered pesticide, or a pesticide whose registration has 

been cancelled or suspended, may be dis-tributed or sold, or otherwise 

transferred, to the extent described by this section.

    (a) A pesticide transferred between registered establishments 

operated by the same producer. An unregistered pesticide may be 

transferred between registered establishments operated by the same 

producer. The pesticide as transferred must be labeled in accordance 

with part 156 of this chapter.

    (b) A pesticide transferred between registered establishments not 

operated by the same producer. An unregistered pesticide may be 

transferred between registered establishments not operated by the same 

producer if:

    (1) The transfer is solely for the purpose of further formulation, 

packaging, or labeling into a product that is registered;

    (2) Each active ingredient in the pesticide, at the time of 

transfer, is present as a result of incorporation into the pesticide of 

either:

    (i) A registered product; or

    (ii) A pesticide that is produced by the registrant of the final 

product; and

    (3) The product as transferred is labeled in accordance with part 

156 of this chapter.

    (c) A pesticide distributed or sold under an experimental use 

permit. (1) An unregistered pesticide may be distributed or sold in 

accordance with the terms of an experimental use permit issued under 

FIFRA sec. 5, if the product is labeled in accordance with Sec.  172.6 

of this chapter.

    (2) An unregistered pesticide may be distributed or sold in 

accordance with the provisions of Sec.  172.3 of this chapter, 

pertaining to use of a pesticide for which an experimental use permit is 

not required, provided the product is labeled in accordance with part 

156 of this chapter.

    (d) A pesticide transferred solely for export. An unregistered 

pesticide may be transferred within the United States solely for export 

if it meets the following conditions:

    (1) The product is prepared and packaged according to the 

specifications of the foreign purchaser; and

    (2) The product is labeled in accordance with part 156 of this 

chapter.

    (e) A pesticide distributed or sold under an emergency exemption. An 

unregistered pesticide may be distributed or sold in accordance with the 

terms of an emergency exemption under FIFRA sec. 18, if the product is 

labeled in accordance with part 156 of this chapter.

    (f) A pesticide transferred for purposes of disposal. An 

unregistered, suspended, or cancelled pesticide may be transferred 

solely for disposal in accordance



[[Page 14]]



with FIFRA sec. 19 or an applicable Administrator's order. The product 

must be labeled in accordance with part 156 of this chapter.

    (g) Existing stocks of a formerly registered product. A cancelled or 

suspended pesticide may be distributed or sold to the extent and in the 

manner specified in an order issued by the Administrator concerning 

existing stocks of the pecticide.