Certification is a statement by the certifying agency that the applicator is competent and authorized to use or supervise the use of restricted pesticides. The statements must be true and accurate translations of the English statements. 136(h), and this policy statement. (iv) Discussion of the extent to which the microbial pesticide or class of microbial pesticides covered by the petition differ from microbial pesticides that are already registered or subject to an EUP under the Act. This web site is designed for the current versions of formatting. The annual summary reporting procedures are as follows: (A) Prior to the first shipment each calendar year of an unregistered pesticide product to a particular purchaser in a foreign country, the exporter must provide the foreign purchaser with instructions about the required information on a purchaser acknowledgement statement, and inform the foreign purchaser that the pesticide product cannot be exported from the United States until the exporter has received from the foreign purchaser a properly completed, signed, and dated purchaser acknowledgement statement. These statements shall be submitted in accordance with one of the two options for submission described in paragraph (c)(2) of this section. Adding new uses to the label which change the use pattern, such as changes from nonfood to food use, outdoor to indoor use, or terrestrial to aquatic use, render the product unregistered and subject to the requirements of section 17 for unregistered products. If you have comments or suggestions on how to improve the www.ecfr.gov website or have questions about using www.ecfr.gov, please choose the 'Website Feedback' button below. (2) A State shall request authorization to issue experimental use permits by having the Governor or Chief Executive Officer or his designated agent submit a State plan in writing to the Administrator. (1) Who may submit a petition. Nonindigenous microbial pesticide means a microbial pesticide brought into one of the following geographic areas from outside that area: (1) The continental United States, including Alaska, and the immediately adjoining countries (i.e., Canada and Mexico). (B) Would not involve aquatic uses of more than 1 acre (0.405 hectares), or any aquatic uses which involve water used for irrigation, drinking or recreation, or be used on or affect plants or animals taken for food or feed from such waters. (i) A complete confidential statement of composition for the formulation to be tested giving the name and percentage by weight of each ingredient, active and inert; (ii) Chemical and physical properties of each active ingredient of the formulation to be tested, including, but not limited to, the manufacturing or laboratory processes and analytical methods suitable for determining the active ingredients in the formulation; (iii) Appropriate date, if available, on the rate of decline of residues on the treated crop or environmental site or other information for determination regarding entry of persons into treated areas; and. No changes found for this content after 1/03/2017. Please click here to see any active alerts. (v) Human hazard and precautionary statements in accordance with the requirements of subpart D of part 156 of this chapter. (4) The dates of each shipment of the pesticide exported to the foreign purchaser during that calendar year. (b) Duration. This section describes how EPA interprets and will enforce requirements of FIFRA section 17(a)(2). (ii) Potential routes of release in air, solids, and liquids; in or on waste materials and equipment; in or on people (including maintenance and custodial personnel); and in or on other organisms such as insects and rodents. [58 FR 9085, Feb. 18, 1993, as amended at 69 FR 23117, Apr. 1 FIFRA 2 1-1So in original. EPA will consider incomplete a Notification containing information claimed as CBI that is not submitted in accordance with this paragraph and will suspend the review period on the Notification until such procedures are followed. Before EPA may register a pesticide under FIFRA, the applicant must show, among other things that using the pesticide according to specifications will not generally cause unreasonable adverse effects on the environment. Taking into account the economic, social, and environmental costs and benefits of the use of any pesticide, FIFRA defines the term unreasonable adverse effects on the environment to mean the following: Any human dietary risk from residues that result from use of a pesticide in or on any food inconsistent with the standard under section 408 of the Federal Food, Drug, and Cosmetic Act. prec. EPA has oversight responsibility for the regulation of pesticide use in most States and primary responsibility in those States where all or part of the pesticide program has not been delegated. A notification shall be submitted to the Office of Pesticide Programs' Document Processing Desk at the appropriate address as set forth in 40 CFR 150.17(a) or (b), Attention: Biotechnology Notification Review. An official website of the United States government. (5) The crops, fauna, flora, geographical description of sites, modes, dosage rates, frequency, and situation of application on or in which the pesticide is to be used. Pesticide Product - Kansas Department of Agriculture (2) After receiving a State plan, EPA shall publish a Federal Register notice announcing the fact and inviting interested parties to comment thereon. These records shall be maintained for the time period required by 169.2(h) of this chapter following the last export of such pesticides. To assert a claim of confidentiality, the petitioner must comply with the applicable procedures in 172.46(d). Moreover, under sections 14 and 16(c) of the Act, EPA may at any time take appropriate action against violators to prevent or otherwise restrain use of a microbial pesticide in small-scale testing if it is determined that: (1) Such use would create an imminent threat of substantial harm to health or the environment that is prohibited under paragraph (a) of this section; or. "Published Edition". The annual summary shall be sent to the Office of Pesticide Programs' Document Processing Desk at the appropriate address as set forth in 40 CFR 150.17(a) or (b), Attention: Annual Summary of Exports. (See Food Fragrances in Pesticide Formulations, EPA's Office of Pesticide Programs Policy and Criteria Notice number 2155.1, November 20, 1975.) Deliberately modified means the directed addition, rearrangement, or removal of nucleotide sequences to or from genetic material. (b) Each unregistered export pesticide product must bear labeling that complies with all requirements of this section or collateral labeling in compliance with 168.66. (d) Establishments in which pesticide products under State experimental use permits are produced shall be registered as required by 40 CFR 167.2(a) and producers of such products shall maintain books and records as required by 40 CFR 169.2. (3) Approve the proposed test provided that the submitter makes certain modifications to the test proposal. (1) Selection and use of containment and inactivation controls for a particular microbial pesticide shall take into account the following: (i) Factors relevant to the microbial pesticide's ability to survive in the environment. (c) Procedures. The change in color must result only from the addition of a dye included on the list of the chemicals exempted from the requirement of a tolerance at 40 CFR 180.910, 180.920, 180.930, and 180.950, and the dye must not be a List 1 inert. federal agency. 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). will bring you to those results. EPA will not consider an exporter of an unregistered pesticide to be in violation of FIFRA section 17(a)(2) if, prior to export of the pesticide, the exporter submits to EPA a statement signed by the foreign purchaser which affirms that the purchaser is aware that the pesticide is not registered for use in the United States and cannot be sold for use in the United States. After receipt of the Annual Summary the following calendar year, EPA will also transmit a copy of that document to the appropriate government official in each of the intended destination countries. Before EPA may register a pesticide under FIFRA, the applicant must show, among other things, that using the pesticide according to specifications "will not generally cause unreasonable adverse effects on the environment. (List 1 inerts are those inerts which the Agency has identified as presenting toxicological concerns. PDF Section 2(ee) Recommendation - US EPA Any changes to the registered product for export purposes must be documented in accordance with the record-keeping requirements at 169.2 of this chapter and this policy. EPA Registration Number Expiration Date: Site: Target Pests Comments: Label Link HI-010001; Prozap Zinc Phosphide Oat Bait 61282-14-61282; 9/14/2026 Rural non-crop sites surrounding residential & resort areas; Under the specific circumstances discussed below, EPA will not treat a registered product which has been modified slightly for export purposes, as unregistered for the purposes of the purchaser acknowledgement statement requirement. (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. Learn more. All registered pesticide products must display labels that show the following information clearly and prominently: Since 1981, FIFRA has required most residential-use pesticides with a signal word of danger or warning to be in child-resistant packaging (CRP). switch to eCFR drafting site. (i) An unregistered pesticide product exported solely for research and development purposes will not be considered to be in violation of the notification requirements if the export of the research and development product: (A) Would not involve land uses of more than 10 acres (4.05 hectares), or be used on or affect food or feed crops which are intended for consumption. Export Policy and Procedures for Exporting Pesticides. 30, 1975, unless otherwise noted. (4) Administrative action on a petition. under FIFRA section 3, 5, 6, 18, or 24 or FFDCA section 406 or 409, or for criminal prosecution under 18 U.S.C. is available with paragraph structure matching the official CFR Not for distribution, sale, or use, or similar language) may bear coded ingredient information to protect confidentiality. Official websites use .gov (eg: L. 94580; 90 Stat. If the procedures in paragraph (c)(2)(ii) of this section are not followed, EPA will consider paragraph (c)(2)(i) of this section, requiring pershipment purchaser acknowledgement statements, to be applicable in full. Emergency Exemptions Under FIFRA Section 18 . If you have questions or comments regarding a published document please The SLN is otherwise deemed a federal registration for all other purposes under FIFRA. (2) A State may not issue an experimental use permit under 172.24(b)(1) or 172.24(b)(2) for any of the following: (i) A product containing an active or inert ingredient not contained in any EPA-registered product; (ii) A product containing an active or inert ingredient which is currently subject to an EPA cancellation or suspension of registration order, or which is currently subject to an EPA notice of intent to suspend or cancel registration because of human health, environmental or efficacy considerations; except that the State may issue a permit for such a product for a purpose or in a formulation, (A) Which was not specifically considered in, or which is not subject to, such suspension or cancellation proceedings, after consultation with appropriate EPA officials; or. (2) The Administrator shall, prior to revoking a State experimental use permit, consult with the State agency which issued the permit, except in cases where continued use of the pesticide under the permit would create an imminent hazard to man or the environment. Learn more. [44 FR 41787, July 18, 1979, as amended at 73 FR 75599, Dec. 12, 2008]. The Office of Pesticide Programs (OPP) regulates the use of all pesticides in the United States and establishes maximum levels for pesticide residues in food, thereby safeguarding the nation's food supply. Do not enter or allow worker entry into treated areas during the restricted entry interval (REI) of 12 . (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. In 1972, the Federal Environmental Pesticide Control Act amended FIFRA, as did the Pesticide Registration Improvement Act of 2003. (3) The labeling must bear the following information: (i) The name and address of the producer, in accordance with the requirements of 156.10(c) of this chapter; (ii) The net weight or measure of contents, in accordance with the requirements of 156.10(d) of this chapter; (iii) The pesticide producing establishment number, in accordance with the requirements of 156.10(f) of this chapter; (iv) An ingredients statement, in accordance with the requirements of 156.10(g) of this chapter, except that: (A) The ingredients statement need not appear in a second language besides English if English is the official or predominant language in the importing country and the country of final destination, if known; and. (2) Where to submit a petition. The exporter must also specify the chemical identity of any research product which is referred to by code in the purchaser acknowledgement statement. information or personal data. (e) Limitations. Under FIFRA 26, a State shall have primary enforcement responsibilities for pesticide use violations if EPA determines that such State has adopted and is implementing adequate pesticide use laws and regulations, enforcement procedures, and recordkeeping and reporting requirements. The designated State agency shall also require the permittee to submit a final report at the conclusion of the program. (iii) Basis for the petitioner's contention that the specific microbial pesticide or class of microbial pesticides meet the criteria of 172.3 for small-scale tests of pesticides that do not require an EUP.
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