[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: 40CFR152.46]



[Page 15]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 152_PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES--Table of 

Contents

 

                    Subpart C_Registration Procedures

 

Sec.  152.46  Notification and non-notification changes to registrations.



    (a) Changes permitted by notification. (1) EPA may determine that 

certain minor modifications to registration having no potential to cause 

unreasonable adverse effects to the environment may be accomplished by 

notification to the Agency, without requiring that the registrant obtain 

Agency approval. If EPA so determines, it will issue procedures 

following an opportunity for public comment describing the types of 

modifications permitted by notification and any conditions and 

procedures for submitting notifications.

    (2) A registrant may modify a registration consistent with paragraph 

(a)(1) of this section and any procedures issued thereunder and 

distribute or sell the modified product as soon as the Agency has 

received the notification. Based upon the notification, the Agency may 

require that the registrant submit an application for amended 

registration. If it does so, the Agency will notify the registrant and 

state its reasons for requiring an application for amended registration. 

Thereafter, if the registrant fails to submit an application the Agency 

may determine that the product is not in compliance with the 

requirements of the Act. Notification under this paragraph is considered 

a report filed under the Act for the purposes of FIFRA section 

12(a)(2)(M).

    (b) Changes permitted without notification. EPA may determine that 

certain minor modifications to registration having no potential to cause 

unreasonable adverse effects to the environment may be accomplished 

without notification to or approval by the Agency. If EPA so determines, 

it will issue procedures following an opportunity for public comment 

describing the types of amendments permitted without notification (also 

known as non-notification). A registrant may distribute or sell a 

product changed in a manner consistent with such procedures without 

notification to or approval by the Agency.

    (c) Effect of non-compliance. Notwithstanding any other provision of 

this section, if the Agency determines that a product has been modified 

through notification or without notification in a manner inconsistent 

with paragraphs (a) or (b) of this section and any procedures issued 

thereunder, the Agency may initiate regulatory and/or enforcement action 

without first providing the registrant with an opportunity to submit an 

application for amended registration.



[61 FR 33041, June 26, 1996]