[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: 40CFR153.125]



[Page 43-44]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 153_REGISTRATION POLICIES AND INTERPRETATIONS--Table of Contents

 

         Subpart G_Determination of Active and Inert Ingredients

 

Sec.  153.125  Criteria for determination of pesticidal activity.









Subparts A-F [Reserved]



         Subpart G_Determination of Active and Inert Ingredients



Sec.

153.125 Criteria for determination of pesticidal activity.



          Subpart H_Coloration and Discoloration of Pesticides



153.140 General.

153.155 Seed treatment products.



Subparts I-M [Reserved]



    Authority: 7 U.S.C. 136w.



Subparts A-F [Reserved]





    Source: 53 FR 15989, May 4, 1988, unless otherwise noted.





    (a) An ingredient will be considered an active ingredient if it is 

contained in a pesticide product and:

    (1) The ingredient has the capability by itself, and when used as 

directed at the proposed use dilution, to function as a pesticide; or

    (2) The ingredient has the ability to elicit or enhance a pesticidal 

effect in another compound whose pesticidal activity is substantially 

increased due to the interaction of the compounds. Compounds which 

function simply to enhance or prolong the activity of an active 

ingredient by physical action, such as stickers and other adjuvants, are 

not generally considered to be active ingredients.

    (b) Normally the applicant will determine and state in his 

application whether an ingredient is active or inert with respect to 

pesticidal activity. The Agency, as part of its review of an application 

for registration, or in conjunction with the Registration Standard or 

Special Review process, may require any ingredient, to be designated as 

an active ingredient if the Agency finds that it meets the criteria in 

paragraph (a) of this section. Conversely,



[[Page 44]]



the Agency may determine that any ingredient designated as active by an 

applicant is an inert ingredient if it fails to meet those criteria.

    (c) If an ingredient is designated as an active ingredient, it must 

be identified in the label ingredients statement. If an ingredient is 

designated as an inert ingredient, it must be included as part of the 

total inert ingredients in the label ingredients statement.

    (d) Designation of a substance as a pesticidally inert ingredient 

does not relieve the applicant or registrant of other requirements of 

FIFRA with respect to labeling of inert ingredients or submission of 

data, or from the requirements of the Federal Food, Drug, and Cosmetic 

Act with respect to tolerances or other clearance of ingredients.



[53 FR 15989, May 4, 1988, as amended at 60 FR 32096, June 19, 1995]