[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: 40CFR172.5]

[Page 288-289]
 
                   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.

[[Page 289]]

    (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.