[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: 40CFR172.24]



[Page 258-259]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 172_EXPERIMENTAL USE PERMITS--Table of Contents

 

          Subpart B_State Issuance of Experimental Use Permits

 

Sec.  172.24  State issuance of permits.



    (a) General. Upon approval of a State plan by the Administrator 

under Sec.  172.23, the designated State agency is authorized to issue, 

amend, renew, deny or revoke experimental use permits subject to the 

terms of the authorization and these regulations.



[[Page 259]]



    (b) Authority. A designated State agency may issue an experimental 

use permit--

    (1) To any person for the purpose of gathering the data necessary to 

support the State registration of a pesticide to meet special local 

needs under section 24(c), FIFRA.

    (2) To any agricultural research agency or educational institution 

conducting work within the State for the purpose of experimentation:

    (i) Which is done within the State; and

    (ii) Which is not directly intended to result in the registration of 

a specific pesticide product.

    (3) For use of a restricted use pesticide only if the pesticide is 

to be used by, or under the direct supervision of, an applicator 

certified in accordance with section 4 of FIFRA.

    (c) Limitations. (1) In the case of applicants who need to gather 

data required to register a pesticide product to meet a special local 

need under section 24(c) of FIFRA, a State may only issue experimental 

use permits for the types of pesticide products and uses which it has 

authority to register under section 24(c).

    (2) A State may not issue an experimental use permit under Sec.  

172.24(b)(1) or Sec.  172.24(b)(2) for any of the following:

    (i) A product containing an active or inert ingredient not contained 

in any EPA-registered product;

    (ii) A product containing an active or inert ingredient which is 

currently subject to an EPA cancellation or suspension of registration 

order, or which is currently subject to an EPA notice of intent to 

suspend or cancel registration because of human health, environmental or 

efficacy considerations; except that the State may issue a permit for 

such a product for a purpose or in a formulation--

    (A) Which was not specifically considered in, or which is not 

subject to, such suspension or cancellation proceedings, after 

consultation with appropriate EPA officials; or

    (B) Which was specifically considered during such proceedings but 

not suspended, cancelled, or subjected to a notice of intent to suspend 

or cancel;

    (iii) A use of a product which has been the subject of a notice of 

denial of registration published in the Federal Register pursuant to 

section 3(c)(6) of FIFRA and part 154 of this chapter; or

    (iv) A use of a product which may involve use in or on food or feed 

other than as authorized under Sec.  172.24(d), Requirement of 

tolerance.

    (3) A State may not issue an experimental use permit for use of a 

pesticide product in an area or in an amount in excess of that necessary 

to accomplish the purposes for which the permit was issued under 

paragraph (b) of this section.

    (d) Requirement of tolerance. If the experimental use pesticide is 

to be used in or on food or feed, the applicant must--

    (1) Submit evidence that:

    (i) A tolerance or exemption from the requirement of a tolerance has 

been established for residues of the pesticide in or on such food or 

feed under section 408 of the Federal Food, Drug and Cosmetic Act, or a 

regulation established under section 409 of the Act; and

    (ii) The proposed program would not reasonably be expected to result 

in residues of the pesticide in or on such food or feed in excess of 

that authorized under section 408 of the Federal Food, Drug and Cosmetic 

Act, or a regulation established under section 409 of the Act; and

    (iii) All inert ingredients in the pesticide are exempted from the 

requirement of a tolerance under the appropriate section of 40 CFR part 

180, subpart D; or

    (2) Certify that the food or feed derived from the experimental 

program will be destroyed or fed only to experimental animals for 

testing purposes, or otherwise disposed of in a manner which will not 

endanger man or the environment. The method of destruction or disposal 

shall be described in the application for the permit.



[44 FR 41787, July 18, 1979, as amended at 50 FR 49020, Nov. 27, 1985]