[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: 40CFR162.152]



[Page 155-156]

 

                   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.  162.152  State registration authority.



    (a) Statutory limitations. In accordance with sec. 24(c) of the Act, 

each State is authorized to register a new end use product for any use, 

or an additional use of a federally registered pesticide product, if the 

following conditions exist:

    (1) There is a special local need for the use within the State;

    (2) The use is covered by necessary tolerances, exemptions or other 

clearances under the Federal Food, Drug and Cosmetic Act (21 U.S.C. 346 

et seq.), if the use is a food or feed use;

    (3) Registration for the same use has not previously been denied, 

disapproved, suspended or cancelled by the Administrator, or voluntarily 

cancelled by the registrant subsequent to



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issuance by the Administrator of a notice of intent to cancel that 

registration, because of health or environmental concerns about an 

ingredient contained in the pesticide product, unless such denial, 

disapproval, suspension or cancellation has been superseded by 

subsequent action of the Administrator; and

    (4) The registration is in accord with the purposes of FIFRA.

    (b) Types of registrations--(1) Amendments to federal registrations. 

(i) Subject to the provisions of paragraphs (a) and (b)(1)(ii)(iv) of 

this section, States may register any new use of a federally registered 

pesticide product.

    (ii) A State may register any use of a federally registered product 

for which registration of other uses of the product was denied, 

disapproved, suspended, or cancelled by the Administrator, provided that 

the State may register a use not considered by the Administrator in 

reaching such a determination only after the State consults with 

appropriate EPA personnel.

    (iii) Except as provided in paragraph (a)(3) of this section, a 

State may register any use of a federally registered product for which 

registration of some or all uses has been voluntarily cancelled by the 

registrant, provided that a State may register such a use only after the 

State has consulted with appropriate EPA personnel.

    (iv) A State may not register an amendment to a federally registered 

manufacturing-use product.

    (2) New products. (i) Subject to the provisions of paragraph (a) and 

subparagraphs (b)(2) (ii) and (iii) of this section, a State may issue 

registrations to meet special local needs for the following types of new 

end-use products:

    (A) A product which is identical in composition to a federally 

registered product, but which has differences in packaging, or in the 

identity of the formulator.

    (B) A product which contains the same active and inert ingredients 

as a federally registered product, but in different percentages.

    (C) Subject to the requirements of paragraph (b)(2)(ii) of this 

section, a product containing a new combination of active, or active and 

inert, ingredients.

    (ii) A State may register a new product only if each of the active 

ingredients in the new product is present because of the use of one or 

more federally registered products and if each of the inert ingredients 

in the new product is contained in a federally registered product.

    (iii) A State may not register a new manufacturing-use product.

    (iv) A State may register any use of a new product containing an 

ingredient described in paragraph (a)(3) of this section, if the new 

product registration is for a formulation or a use not included in the 

denial, disapproval, suspension, or cancellation, or if the federally 

registered use was voluntarily cancelled without a prior notice of 

intent to cancel by the Administrator. However, a formulation or use of 

such a new product which was not considered by the Administrator during 

such proceedings, or which was not the subject of a notice of intent to 

cancel, may be registered by a State only after the State consults with 

appropriate EPA personnel regarding the registration application.

    (c) Effect of State registration. (1) A State registration issued 

under FIFRA sec. 24(c) which meets the conditions described in 

paragraphs (a) and (b) of this section, and which is not disapproved by 

the Administrator under Sec.  162.154, shall be considered a federal 

registration, but shall authorize distribution and use only within that 

State. Accordingly, such registrations are subject to all provisions of 

FIFRA which apply to currently registered products, including provisions 

for cancellation and suspension of registrations, and reregistration of 

products.

    (2) A State may require, as a condition of distribution or use of a 

pesticide product within the State, that the pesticide product be 

registered under State law as well as under FIFRA. Neither FIFRA sec. 

24(c) nor Sec. Sec.  162.150-162.156 affects a State's right under its 

own law to revoke, suspend, cancel, or otherwise affect such a 

registration issued under State law. However, the federal registration, 

whether issued under FIFRA sec. 3 or 24(c), is not affected by such a 

State action.



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