[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: 40CFR152.85]



[Page 18-19]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 152_PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES--Table of 

Contents

 

  Subpart E_Procedures To Ensure Protection of Data Submitters' Rights

 

Sec.  152.85  Formulators' exemption.



    (a) FIFRA section 3(c)(2)(D) excuses an applicant from the 

requirement to submit or cite data pertaining to the



[[Page 19]]



safety of any ingredient (or mixture of ingredients) contained in his 

product that is derived solely from one or more EPA-registered products 

which the applicant purchases from another producer.

    (b) If the product contains one or more ingredients eligible for the 

formulators' exemption, the applicant need not comply with the 

requirements of Sec. Sec.  152.90 through 152.96 with respect to any 

data requirements pertaining to the safety of any such ingredient, 

provided that he submits to the Agency a certification statement 

containing the following information (a form for this purpose is 

available from the Agency):

    (1) Identification of the applicant, and of the product by EPA 

registration number or file symbol;

    (2) Identification of each ingredient in the pesticide that is 

eligible for the formulators' exemption, and the EPA registration number 

of the product that is the source of that ingredient;

    (3) A statement that the listed ingredients meet the requirements 

for the formulators' exemption;

    (4) A statement that the applicant has submitted (either previously 

or with the current application) a complete, accurate and current 

Confidential Statement of Formula; and

    (5) The name, title and signature of the applicant or his authorized 

representative and the date of signature.

    (c) An applicant for amended registration is not required to submit 

a new formulators' exemption statement, if the current statement in 

Agency files is complete and accurate.



[49 FR 30903, Aug. 1, 1984, as amended at 58 FR 34203, June 23, 1993; 60 

FR 32096, June 19, 1995]