[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: 40CFR168.22]

[Page 228]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 168_STATEMENTS OF ENFORCEMENT POLICIES AND INTERPRETATIONS--Table of 
 
                          Subpart B_Advertising
 
Sec. 168.22  Advertising of unregistered pesticides, unregistered uses of 


registered pesticides and FIFRA section 24(c) registrations.

    (a) FIFRA sections 12(a)(1) (A) and (B) make it unlawful for any 
person to ``offer for sale'' any pesticide if it is unregistered, or if 
claims made for it as part of its distribution or sale differ 
substantially from any claim made for it as part of the statement 
required in connection with its registration under FIFRA section 3. EPA 
interprets these provisions as extending to advertisements in any 
advertising medium to which pesticide users or the general public have 
access.
    (b) EPA regards it as unlawful for any person who distributes, 
sells, offers for sale, holds for sale, ships, delivers for shipment, or 
receives and (having so received) delivers or offers to deliver any 
pesticide, to place or sponsor advertisements which recommend or suggest 
the purchase or use of:
    (1) Any pesticide for a use authorized under a FIFRA section 5 
experimental use permit (EUP).
    (2) Any pesticide for a use authorized under a FIFRA section 18 
emergency exemption, except for advertisements that:
    (i) Are placed in media which address primarily persons in the 
geographical area to which the exemption applies.
    (ii) State the name and address of one or more retail dealers who 
stock the pesticide.
    (iii) Contain a prominent notice of the limitations on use under the 
section 18 emergency exemption.
    (3) Any pesticide for any use authorized only by a FIFRA section 
24(c) special local need registration, unless the advertisement contains 
a prominent notice of the limitations on use under the section 24(c) 
registrations.
    (4) Any unregistered pesticide for any use unless the advertisement 
is one permitted by paragraph (b) (2) or (3) of this section.
    (5) A registered pesticide product for an unregistered use, unless 
the advertisement is one permitted by paragraph (b) (2) or (3) of this 
section. However, as a matter of policy, the Agency will not regard as 
unlawful the advertisement of uses permitted by FIFRA section 2(ee) 
provided the product is not an antimicrobial pesticide targeted against 
human pathogens (see 51 FR 19174; May 28, 1986).
    (c) For purposes of paragraph (b) of this section, a ``prominent 
notice of the limitations on use'' is one which sets forth the 
limitations on use in a manner reasonably likely to be understood by 
persons to whom the advertisement is addressed. For printed advertising, 
this criterion will be met by a legend in 6-point or larger type.

Subpart C [Reserved]