[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: 40CFR172.5]



[Page 254]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 172_EXPERIMENTAL USE PERMITS--Table of Contents

 

         Subpart A_Federal Issuance of Experimental Use Permits

 

Sec.  172.5  The permit.



    (a) Issuance. The Experimental Use Permit shall be issued when the 

Administrator determines that the conditions of section 5 of the Act, 

and the regulations thereunder, have been met subject to such terms and 

conditions as the Administrator determines are warranted.

    (b) Duration. Permits will be effective for a specified period of 

time, normally one year, depending upon the crop or site to be tested 

and the requirements of the testing program submitted. The applicant 

should propose a suitable duration of the permit commensurate with the 

program submitted. Permits and associated temporary tolerances may be 

renewed, extended, or amended upon request if circumstances warrant.

    (c) Limitations. The quantity of a pesticide allowed by a permit may 

be less than requested if it is determined that the available 

information on efficacy, toxicity or other hazards, the need for data, 

or the adequacy of program supervision does not justify the quantity of 

the pesticide requested. Other limitations may also be placed in the 

permit if necessary for the protection of the public health and the 

environment.

    (d) Additions. With respect to an experimental use pesticide 

containing any chemical or combination of chemicals not included in any 

previously registered pesticides, the Administrator may require that 

additional studies be conducted during the permit period to gather data 

to support the establishment of tolerances and/or registration. To the 

extent practicable, the applicant will be notified of any such 

requirements before or at the time an experimental use permit is issued.

    (e) Maintenance of records. All producers of pesticides produced 

pursuant to an experimental use permit shall maintain records in 

accordance with part 169.



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