[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: 40CFR162.152]

[Page 164-165]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 162_STATE REGISTRATION OF PESTICIDE PRODUCTS--Table of Contents
 
Subpart D_Regulations Pertaining to State Registration of Pesticides To 
 
Sec. 162.152  State registration authority.

    (a) Statutory limitations. In accordance with sec. 24(c) of the Act, 
each State is authorized to register a new end use product for any use, 
or an additional use of a federally registered pesticide product, if the 
following conditions exist:
    (1) There is a special local need for the use within the State;
    (2) The use is covered by necessary tolerances, exemptions or other 
clearances under the Federal Food, Drug and Cosmetic Act (21 U.S.C. 346 
et seq.), if the use is a food or feed use;
    (3) Registration for the same use has not previously been denied, 
disapproved, suspended or cancelled by the Administrator, or voluntarily 
cancelled by the registrant subsequent to

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issuance by the Administrator of a notice of intent to cancel that 
registration, because of health or environmental concerns about an 
ingredient contained in the pesticide product, unless such denial, 
disapproval, suspension or cancellation has been superseded by 
subsequent action of the Administrator; and
    (4) The registration is in accord with the purposes of FIFRA.
    (b) Types of registrations--(1) Amendments to federal registrations. 
(i) Subject to the provisions of paragraphs (a) and (b)(1)(ii)(iv) of 
this section, States may register any new use of a federally registered 
pesticide product.
    (ii) A State may register any use of a federally registered product 
for which registration of other uses of the product was denied, 
disapproved, suspended, or cancelled by the Administrator, provided that 
the State may register a use not considered by the Administrator in 
reaching such a determination only after the State consults with 
appropriate EPA personnel.
    (iii) Except as provided in paragraph (a)(3) of this section, a 
State may register any use of a federally registered product for which 
registration of some or all uses has been voluntarily cancelled by the 
registrant, provided that a State may register such a use only after the 
State has consulted with appropriate EPA personnel.
    (iv) A State may not register an amendment to a federally registered 
manufacturing-use product.
    (2) New products. (i) Subject to the provisions of paragraph (a) and 
subparagraphs (b)(2) (ii) and (iii) of this section, a State may issue 
registrations to meet special local needs for the following types of new 
end-use products:
    (A) A product which is identical in composition to a federally 
registered product, but which has differences in packaging, or in the 
identity of the formulator.
    (B) A product which contains the same active and inert ingredients 
as a federally registered product, but in different percentages.
    (C) Subject to the requirements of paragraph (b)(2)(ii) of this 
section, a product containing a new combination of active, or active and 
inert, ingredients.
    (ii) A State may register a new product only if each of the active 
ingredients in the new product is present because of the use of one or 
more federally registered products and if each of the inert ingredients 
in the new product is contained in a federally registered product.
    (iii) A State may not register a new manufacturing-use product.
    (iv) A State may register any use of a new product containing an 
ingredient described in paragraph (a)(3) of this section, if the new 
product registration is for a formulation or a use not included in the 
denial, disapproval, suspension, or cancellation, or if the federally 
registered use was voluntarily cancelled without a prior notice of 
intent to cancel by the Administrator. However, a formulation or use of 
such a new product which was not considered by the Administrator during 
such proceedings, or which was not the subject of a notice of intent to 
cancel, may be registered by a State only after the State consults with 
appropriate EPA personnel regarding the registration application.
    (c) Effect of State registration. (1) A State registration issued 
under FIFRA sec. 24(c) which meets the conditions described in 
paragraphs (a) and (b) of this section, and which is not disapproved by 
the Administrator under Sec. 162.154, shall be considered a federal 
registration, but shall authorize distribution and use only within that 
State. Accordingly, such registrations are subject to all provisions of 
FIFRA which apply to currently registered products, including provisions 
for cancellation and suspension of registrations, and reregistration of 
products.
    (2) A State may require, as a condition of distribution or use of a 
pesticide product within the State, that the pesticide product be 
registered under State law as well as under FIFRA. Neither FIFRA sec. 
24(c) nor Sec. Sec. 162.150-162.156 affects a State's right under its 
own law to revoke, suspend, cancel, or otherwise affect such a 
registration issued under State law. However, the federal registration, 
whether issued under FIFRA sec. 3 or 24(c), is not affected by such a 
State action.

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