[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: 40CFR162.156]



[Page 162]

 

                   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.  162.156  General requirements.



    (a) Requirements for distribution and use. (1) Any product whose 

State registration has been issued in accordance with Sec. Sec.  162.152 

and 162.153 may be distributed and used in that State, subject to the 

following provisions of the Act and the regulations promulgated 

thereunder:

    (i) Sec. 12(a)(1) (A) through (E), in accordance with:

    (A) Sec. 2(q)(1) (A) through (G).

    (B) Sec. 2(q)(2) (A) through (D).

    (ii) Sec. 12(a)(2) (A) through (G) and (I) through (P).

    (2) A product or use classified by a State for restricted use under 

Sec.  162.153(g) may be used only by, or under the direct supervision 

of, an applicator certified under a plan approved by EPA in accordance 

with sec. 4 of FIFRA.

    (3) State registrations which are not issued in accordance with 

Sec.  162.152 (a) and (b)(2) (i), (ii) and (iii) are not authorized by 

section 24(c) and are not considered valid for any purposes under FIFRA. 

When the Administrator determines that a registration is invalid, the 

Administrator shall notify the registering State that the registration 

is invalid, and may specify the reason for the invalidity.

    (b) Establishment registration requirements. No person may produce 

any pesticide, including any pesticide registered by a State under 

section 24(c), unless the establishment in which it is produced is 

registered by the Administrator in accordance with sec. 7 of FIFRA and 

40 CFR part 167.

    (c) Books and records requirements. All producers of pesticides, 

including those producers of pesticides registered by States under sec. 

24(c), must maintain records in accordance with the requirements imposed 

under sec. 8 of FIFRA and 40 CFR part 169.



Subpart E [Reserved]