[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: 40CFR152.98]



[Page 24]

 

                   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.  152.98  Procedures for transfer of exclusive use or compensation 

rights to another person.



    A person who possesses rights to exclusive use or compensation under 

FIFRA section 3(c)(1)(D) may transfer such rights to another person in 

accordance with this section.

    (a) The original data submitter must submit to the Agency a transfer 

document that contains the following information:

    (1) The name, address and state of incorporation (if any) of the 

original data submitter (the transferor);

    (2) The name, address and state of incorporation (if any) of the 

person to whom the data rights are being transferred (the transferee);

    (3) Identification of each item of data transferred including:

    (i) The name of the study or item of data;

    (ii) Whether the study is an exclusive use study, and, if so, when 

the period of exclusive use protection expires;

    (iii) The name of the person or laboratory that conducted the study;

    (iv) The date the study was submitted to the Agency;

    (v) The EPA document number assigned to the item of data (the Master 

Record Identification Number or Accession Number), if known. If not 

known, the EPA administrative number (such as the EPA Registration 

Number, petition number, file symbol, or permit number) with which the 

item of data was submitted, such that the Agency can identify the item 

of data.

    (vi) A statement that the transferor transfers irrevocably to the 

transferee all rights, titles, and interest in the items of data named;

    (vii) A statement that the transferor and transferee understand that 

any false statement may be punishable under 18 U.S.C. 1001; and

    (viii) The names, signatures and titles of the transferor and 

transferee, and the date signed.

    (b) In addition, the original data submitter must submit to the 

Agency a notarized statement affirming that:

    (1) The person signing the transfer agreement is authorized by the 

original data submitter to bind the data submitter;

    (2) No court order prohibits the transfer, and any required court 

approvals have been obtained; and

    (3) The transfer is authorized under Federal, State, and local law 

and relevant corporate charters, bylaws or partnership agreements.

    (c) The Agency will acknowledge the transfer of the data by 

notifying both transferor and transferee, and will state the effective 

date of the transfer. Thereafter the transferee will be considered to be 

the original data submitter of the items of data transferred for all 

purposes under FIFRA section 3(c)(1)(D), unless a new transfer agreement 

is submitted to the Agency.