[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: 40CFR168.22]



[Page 192-193]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 168_STATEMENTS OF ENFORCEMENT POLICIES AND INTERPRETATIONS--Table of 

Contents

 

                          Subpart B_Advertising

 

Sec.  168.22  Advertising of unregistered pesticides, unregistered uses 

of registered pesticides and FIFRA section 24(c) registrations.









Subpart A--General Provisions [Reserved]



                          Subpart B_Advertising



Sec.

168.22 Advertising of unregistered pesticides, unregistered uses of 

          registered



[[Page 193]]



          pesticides and FIFRA section 24(c) registrations.



Subpart C [Reserved]



   Subpart D_Export Policy and Procedures for Exporting Unregistered 

                               Pesticides



168.65 Pesticide export label and labeling requirements.

168.75 Procedures for exporting unregistered pesticides--purchaser 

          acknowledgement statements.

168.85 Other export requirements.



    Authority: 7 U.S.C. 136-136y.



    Source: 54 FR 1125, Jan. 11, 1989, unless otherwise noted.



Subpart A--General Provisions [Reserved]







    (a) FIFRA sections 12(a)(1) (A) and (B) make it unlawful for any 

person to ``offer for sale'' any pesticide if it is unregistered, or if 

claims made for it as part of its distribution or sale differ 

substantially from any claim made for it as part of the statement 

required in connection with its registration under FIFRA section 3. EPA 

interprets these provisions as extending to advertisements in any 

advertising medium to which pesticide users or the general public have 

access.

    (b) EPA regards it as 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 place or sponsor advertisements which recommend or suggest 

the purchase or use of:

    (1) Any pesticide for a use authorized under a FIFRA section 5 

experimental use permit (EUP).

    (2) Any pesticide for a use authorized under a FIFRA section 18 

emergency exemption, except for advertisements that:

    (i) Are placed in media which address primarily persons in the 

geographical area to which the exemption applies.

    (ii) State the name and address of one or more retail dealers who 

stock the pesticide.

    (iii) Contain a prominent notice of the limitations on use under the 

section 18 emergency exemption.

    (3) Any pesticide for any use authorized only by a FIFRA section 

24(c) special local need registration, unless the advertisement contains 

a prominent notice of the limitations on use under the section 24(c) 

registrations.

    (4) Any unregistered pesticide for any use unless the advertisement 

is one permitted by paragraph (b) (2) or (3) of this section.

    (5) A registered pesticide product for an unregistered use, unless 

the advertisement is one permitted by paragraph (b) (2) or (3) of this 

section. However, as a matter of policy, the Agency will not regard as 

unlawful the advertisement of uses permitted by FIFRA section 2(ee) 

provided the product is not an antimicrobial pesticide targeted against 

human pathogens (see 51 FR 19174; May 28, 1986).

    (c) For purposes of paragraph (b) of this section, a ``prominent 

notice of the limitations on use'' is one which sets forth the 

limitations on use in a manner reasonably likely to be understood by 

persons to whom the advertisement is addressed. For printed advertising, 

this criterion will be met by a legend in 6-point or larger type.



Subpart C [Reserved]