[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: 40CFR166.7]



[Page 182]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 166_EXEMPTION OF FEDERAL AND STATE AGENCIES FOR USE OF PESTICIDES 

UNDER EMERGENCY CONDITIONS--Table of Contents

 

                      Subpart A_General Provisions

 

Sec.  166.7  User notification; advertising.



    (a) A State or Federal agency that obtains an exemption may notify 

eligible users of the availability of the exempted pesticide(s) through 

user groups, retail dealers, and other means. Notification may include 

distributing copies of the section 18 approval letter, labeling, or 

other information to eligible persons.

    (b) As set forth more fully in Sec.  168.22 of this chapter, EPA 

interprets FIFRA sections 12(a)(1) (A) and (B) as making it unlawful for 

any person who distributes, sells, offers for sale, holds for sale, 

ships, delivers for shipment, or receives and (having so received) 

delivers or offers to deliver any pesticide, to advertise the pesticide 

for any use authorized by an emergency exemption, except for 

advertisements that are placed in media that address only persons in the 

geographical area to which the exemption applies, state the name and 

address of one or more retail dealers where users may buy the pesticide, 

and contain a prominent notice of the limitations on use under the 

emergency exemption. EPA may withdraw an exemption if the use of the 

pesticide covered by the exemption is advertised unlawfully.



[54 FR 1125, Jan. 11, 1989]