[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: 40CFR172.25]



[Page 259-260]

 

                   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.  172.25  Administration of State programs.



    (a) General. State experimental use permit programs shall be 

consistent with the Federal experimental use permit program, as set 

forth in subpart A of 40 CFR part 172.



[[Page 260]]



    (b) Procedures leading to issuance. An application for an 

experimental use permit shall be made in writing, and shall contain 

sufficient information, including a confidential statement of formula 

for any new product, to enable the State to determine whether use 

pursuant to the permit would be in accordance with the purposes of FIFRA 

and this subpart.

    (c) Labeling. (1) New products shall bear labeling satisfying the 

requirements of Sec.  172.6(a), except that the prominent statement 

``For Distribution and Experimental Use Only Within (State)'' shall be 

used in place of ``For Experimental Use Only''. The designated State 

agency may approve, as directions for use on labeling, the experimental 

program, provided such program is to be distributed with the product.

    (2) The designated State agency may permit an EPA or State 

registered pesticide to be used under an experimental use permit with 

supplemental labeling as approved by the State agency. In exercising 

this discretion, the designated State agency shall ensure that the 

supplemental labeling and the registered label together satisfy the 

requirements of Sec.  172.6(a).

    (d) Duration. State experimental use permits shall be issued for a 

specified period of time, not to exceed three years, depending upon the 

nature of the pest problem and the requirements of the testing program 

submitted. The designated State agency may renew, extend or amend the 

stated duration of a permit, if circumstances warrant.

    (e) Limitations. The designated State agency shall impose such 

limitations in the permit as are necessary to protect health and the 

environment, including limitations on quantity, sites, area, disposal, 

and other aspects of pesticide use.

    (f) Program surveillance and reporting of data. (1) The permittee 

shall supervise the test program and evaluate the results of testing at 

each site of application. The designated State agency shall require the 

permittee to report to it immediately any adverse effects resulting from 

use of, or exposure to, the pesticide.

    (2) During the course of the program, the designated State agency 

shall require the permittee to submit such reports (both special and 

periodic) as are necessary to supervise effectively the progress of the 

program to prevent unreasonable adverse effects on man or the 

environment. The designated State agency shall also require the 

permittee to submit a final report at the conclusion of the program. 

Where applicable, such reports shall also be made available to the U.S. 

Department of Agriculture, Food Service and Quality Service (FSQS), as 

required by Sec.  172.8(c).

    (g) Disposal. All pesticides and pesticide containers, whether 

disposed of during the course of a State permit or remaining at the 

termination of a permit, must either be:

    (1) Disposed of in accordance with a disposal plan approved as part 

of the experimental program; or

    (2) Returned to the permittee for storage or disposal in accordance 

with the requirements of RCRA and rules there under; or

    (3) If the product is currently registered, used in accordance with 

the registered label.



[44 FR 41787, July 18, 1979, as amended at 60 FR 32097, June 19, 1995]