[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: 40CFR172.8]



[Page 255-256]

 

                   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.  172.8  Program surveillance and reporting of data.



    (a) The permittee shall supervise the test program and evaluate the 

results of testing at each site of application. It will further be the 

responsibility of the permittee to report immediately to the 

Administrator, or to any person designated by him, any adverse effects 

from use of, or exposure to, the pesticide.

    (b) The permittee shall submit the following reports to the 

Registration Division during the experimental program.

    (1) [Reserved]

    (2) A final report shall be submitted within 180 days after the 

expiration of the permit, unless a request for extension of time is 

approved, and shall include:

    (i) All data gathered during the testing program; field notes need 

not be submitted but must be maintained and submitted upon request;

    (ii) A description of the disposition of any pesticide containers 

and any unused pesticides including amounts disposed of and the method 

and site of disposition; and

    (iii) The method of disposition of affected food and/or feed.



The data under paragraph (b)(2)(i) of this section above may be 

submitted as part of an application for registration submitted within 

180 days after the expiration of the permit, provided that the final 

report shall include a statement that such application has been made, 

and the date of such application.

    (c) In addition to the reporting requirements provided for elsewhere 

in this part, in the case of any meat-producing animals or birds that 

receive a direct treatment or application of any experimental use 

pesticide, the name and location of the packing plant where the animals 

will be processed shall be sent to the U.S. Department of Agriculture, 

Animal and Plant Health Inspection Service, Washington, DC 20250, at 

least 10 days before the animals are to be shipped for slaughter. This 

requirement may be waived, on request, by the USDA. These provisions do 

not exempt treated food-producing animals and their products from 

compliance with other applicable inspection requirements.

    (d) Failure to submit required reports may constitute grounds for 

revocation of the permit.

    (e) For the purpose of supervising the use of experimental use 

pesticides, the Agency may require the permittee or any participant to 

give reasonable advance notification of the intended dates, times, and 

sites on which such



[[Page 256]]



experimental use pesticide will be applied.

    (f) The permittee or participants in the experimental use program 

will permit any authorized representative of the Agency, upon 

presentation of official identification, entry, at any reasonable time, 

to any premises involved in the testing program to inspect and to 

determine whether there has been compliance with the terms and 

conditions of the permit.



[40 FR 18782, Apr. 30, 1975, as amended at 60 FR 32097, June 19, 1995]