[Code of Federal Regulations]
[Title 40, Volume 23]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR159.160]

[Page 142-143]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 159_STATEMENTS OF POLICIES AND INTERPRETATIONS--Table of Contents
 
      Subpart D_Reporting Requirements for Risk/Benefit Information
 
Sec. 159.160  Obligations of former registrants.

    (a) General. A former registrant is obliged to continue to submit 
information concerning the registration of a pesticide product 
previously held by the registrant and otherwise reportable under the 
provisions of this part for a period of 5 years after the registration 
of the pesticide product has been canceled or transferred to another 
registrant, with the exceptions provided by paragraph (b) of this 
section.
    (b) Exceptions. Notwithstanding the provisions of paragraph (a) of 
this section, a former registrant is not obligated to report information 
pursuant to this part if any of the following conditions are applicable:
    (1) The information is first obtained by the person more than 1 year 
after the date on which the person ceased to hold the registration of 
the product to which the information pertains, and the person holds no 
active pesticide registrations, or for some other reason cannot 
reasonably be expected to receive information concerning the formerly 
registered product.
    (2) The information is associated solely with an inert ingredient, 
contaminant, impurity, metabolite, or degradate contained in a product, 
and the information is first obtained by the person more than 1 year 
after the date upon which the person ceased to hold the registration of 
the product.
    (3) The information is associated with an active ingredient or a 
formerly registered product, and the active ingredient or every active 
ingredient contained in the formerly registered product has not been 
contained in any pesticide product registered in the United States for 
any part of the 3-year period preceding the date on which the person 
first obtained the information.
    (4) The information pertains solely to a formerly registered product 
that no longer meets the definition of ``pesticide'' in section 2(u) of 
FIFRA (7 U.S.C. section 136(u)).
    (c) Information arising from litigation. Notwithstanding any other 
provisions of this section, a former registrant is obliged to submit 
information otherwise reportable under this part concerning formerly-
registered pesticide products which arises in the course of litigation 
concerning the effects of such products, regardless of when the 
information is first acquired, provided that neither of the provisions 
of paragraphs (b)(3) or (b)(4) of this section are

[[Page 143]]

met. Such information shall be submitted in the same manner and 
according to the same schedules as it would have to be submitted by a 
current registrant of a pesticide product to which the information 
pertained.

[62 FR 49388, Sept. 19, 1997; 63 FR 33582, June 19, 1998]