[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: 40CFR162.151]



[Page 155]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 162_STATE REGISTRATION OF PESTICIDE PRODUCTS--Table of Contents

 

Subpart D_Regulations Pertaining to State Registration of Pesticides To 

                        Meet Special Local Needs

 

Sec.  162.151  Definitions.



    Unless otherwise indicated, terms used in this subpart have the 

meanings set forth in FIFRA and in subpart A of this part. In addition, 

as used in this subpart, the following terms have the meanings set forth 

below:

    (a) Federally registered means currently registered under sec. 3 of 

the Act, after having been initially registered under the Federal 

Insecticide, Fungicide, and Rodenticide Act of 1947 (Pub. L. 86-139; 73 

Stat. 286; June 25, 1947) by the Secretary of Agriculture or under FIFRA 

by the Administrator.

    (b) Manufacturing-use product means any pesticide product other than 

a product to be labeled with directions for end use. This term includes 

any product intended for use as a pesticide after re-formulation or 

repackaging.

    (c) New product means a pesticide product which is not a federally 

registered product.

    (d) Pest problem means (1) a pest infestation and its consequences, 

or (2) any condition for which the use of plant regulators, defoliants, 

or desiccants would be appropriate.

    (e) Product or pesticide product means a pesticide offered for 

distribution and use, and includes any labeled container and any 

supplemental labeling.

    (f) Similar composition refers to a pesticide product which contains 

only the same active ingredient(s), or combination of active 

ingredients, and which is in the same category of toxicity, as a 

federally registered pesticide product.

    (g) Similar product means a pesticide product which, when compared 

to a federally registered product, has a similar composition and a 

similar use pattern.

    (h) Similar use pattern refers to a use of a pesticide product 

which, when compared to a federally registered use of a product with a 

similar composition, does not require a change in precautionary labeling 

under Sec.  156.10(h) of this chapter, and which is substantially the 

same as the federally registered use. Registrations involving changed 

use patterns are not included in this term.

    (i) Special local need means an existing or imminent pest problem 

within a State for which the State lead agency, based upon satisfactory 

supporting information, has determined that an appropriate federally 

registered pesticide product is not sufficiently available.

    (j) State or State lead agency as used in this subpart means the 

State agency designated by the State to be responsible for registering 

pesticides to meet special local needs under sec. 24(c) of the Act.



[46 FR 2014, Jan. 7, 1981, as amended at 53 FR 15999, May 4, 1988]