[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: 40CFR159.160]



[Page 133-134]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 159_STATEMENTS OF POLICIES AND INTERPRETATIONS--Table of Contents

 

      Subpart D_Reporting Requirements for Risk/Benefit Information

 

Sec.  159.160  Obligations of former registrants.



    (a) General. A former registrant is obliged to continue to submit 

information concerning the registration of a pesticide product 

previously held by the registrant and otherwise reportable under the 

provisions of this part for a period of 5 years after the registration 

of the pesticide product has been canceled or transferred to another 

registrant, with the exceptions provided by paragraph (b) of this 

section.

    (b) Exceptions. Notwithstanding the provisions of paragraph (a) of 

this section, a former registrant is not obligated to report information 

pursuant to this part if any of the following conditions are applicable:

    (1) The information is first obtained by the person more than 1 year 

after the date on which the person ceased to hold the registration of 

the product to which the information pertains, and the person holds no 

active pesticide registrations, or for some other reason cannot 

reasonably be expected to receive information concerning the formerly 

registered product.

    (2) The information is associated solely with an inert ingredient, 

contaminant, impurity, metabolite, or degradate contained in a product, 

and the information is first obtained by the person more than 1 year 

after the date upon which the person ceased to hold the registration of 

the product.

    (3) The information is associated with an active ingredient or a 

formerly registered product, and the active ingredient or every active 

ingredient contained in the formerly registered product has not been 

contained in any pesticide product registered in the United States for 

any part of the 3-year period preceding the date on which the person 

first obtained the information.

    (4) The information pertains solely to a formerly registered product 

that no longer meets the definition of ``pesticide'' in section 2(u) of 

FIFRA (7 U.S.C. section 136(u)).

    (c) Information arising from litigation. Notwithstanding any other 

provisions of this section, a former registrant is obliged to submit 

information otherwise reportable under this part concerning formerly-

registered pesticide products which arises in the course of litigation 

concerning the effects of such products, regardless of when the 

information is first acquired, provided that neither of the provisions 

of paragraphs (b)(3) or (b)(4) of this section are



[[Page 134]]



met. Such information shall be submitted in the same manner and 

according to the same schedules as it would have to be submitted by a 

current registrant of a pesticide product to which the information 

pertained.



[62 FR 49388, Sept. 19, 1997; 63 FR 33582, June 19, 1998]