Imágenes de páginas
PDF
EPUB
[blocks in formation]

78

establishment or for use as a constituent part of another pesticide produced at the second establishment; or

"(2) the transfer is pursuant to and in accordance with the requirements of an experimental use permit. "(c) PROCEDURE FOR REGISTRATION.—

“(1) Statement required.—Each applicant for registration of a pesticide shall file with the Adminis

trator a statement which includes

"(A) the name and address of the applicant and of any other person whose name will appear

on the labeling;

"(B) the name of the pesticide;

"(C) a complete copy of the labeling of the pesticide, a statement of all claims to be made for it, and any directions for its use;

"(D) if requested by the Administrator, a full description of the tests made and the results thereof upon which the claims are based: Provided, That the Administrator shall require inclusion of all such test data not in his possession as he may need to make the determination provided for by paragraph

(5): Provided further, That data submitted in sup

port of an application shall not, without permission of the applicant, be considered by the Administrator

in support of any other application for registration

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][subsumed][merged small][merged small][merged small]

79

kinds of information which will be required to support the registration of a pesticide and shall revise such

guidelines from time to time. If thereafter he requires any additional kind of information he shall permit sufficient time for applicants to obtain such additional information. Except as provided by section 10, within 30 days after the Administrator registers a pesticide under this Act he shall make available to the public the data called for in the registration statement together

with such other scientific information as he deems relevant to his decision.

“(3) TIME FOR Acting with RESPECT TO APPLICATION.-The Administrator shall review the data after receipt of the application and shall, as expeditiously as possible, either register the pesticide in accordance with paragraph (5), or notify the applicant of his deter mination that it does not comply with the provisions of

the Act in accordance with paragraph (6).

"(4) NOTICE OF APPLICATION.-The Administrator shall publish in the Federal Register, promptly after receipt of the statement and other data required pursuant to paragraphs (1) and (2), a notice of each application for registration of any pesticide if it contains any new active ingredient or if it would entail a changed

use pattern. The notice shall provide for a period of 30

[blocks in formation]

80

CATION.-The Administrator shall review the data after

receipt of the application and shall, as expeditiously as

possible, either register the pesticide in accordance with

paragraph (5), or notify the applicant of his determination that it does not comply with the provisions of the Act in accordance with paragraph (6).

"(4) NOTICE OF APPLICATION.-The Administrator shall publish in the Federal Register, promptly after receipt of the statement and other data required pursuant to paragraphs (1) and (2), a notice of each

application for registration of any pesticide if it contains any new active ingredient or if it would entail a changed use pattern. The notice shall provide for a period of 30 days in which any Federal

13

14

15

person may comment.

[blocks in formation]

agency or any other interested

“(5) APPROVAL OF REGISTRATION.-The Administrator shall register a pesticide if he determines that, when considered with any restrictions imposed under subsection (d)

"(A) its composition is such as to warrant the

proposed claims for it;

"(B) its labeling and other material required

to be submitted comply with the requirements of this Act; and

81

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

tor refuses to register a pesticide, he shall notify the

applicant of his decision and of his reasons (including the factual basis) therefor. The Administrator shall promptly publish in the Federal Register notice of such denial of registration and the reasons therefor. Upon

such notification, the applicant for registration or other interested person with the concurrence of the applicant shall have the same remedies as provided for in section 6. "(d) CLASSIFICATION OF PESTICIDES.

"(1) CLASSIFICATION FOR GENERAL USE, RE

STRICTED USE, OR BOTH.—

"(A) As a part of the registration of a pesticide the Administrator shall classify it as being for general use or for restricted use, provided that if the Administrator determines that some of the uses

for which the pesticide is registered should be for general use and that other uses for which it is registered should be for restricted use, he shall classify it for both general use and restricted use.

If some of the uses of the pesticide are classified for general use and other uses are classified for re

stricted use, the directions relating to its general

uses shall be clearly separated and distinguished

from those directions relating to its restricted uses:

Provided, however, That the Administrator may re

[merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small]

82

"(1) CLASSIFICATION FOR GENERAL USE, RE

STRICTED USE, OR BOTH.

"(A) As a part of the registration of a pesticide the Administrator shall classify it as being for general use or for restricted use, provided that if the Administrator determines that some of the uses for which the pesticide is registered should be for general use and that other uses for which it is registered should be for restricted use, he shall classify it for both general use and restricted use.

If some of the uses of the pesticide are classified

for general use and other uses are classified for re

stricted use, the directions relating to its general

uses shall be clearly separated and distinguished from those directions relating to its restricted uses: Provided, however, That the Administrator may require that its packaging and labeling for restricted uses shall be clearly distinguishable from its packaging and labeling for general uses.

"(B) If the Administrator determines that the pesticide, when applied in accordance with its directions for use, warnings and cautions and for the uses for which it is registered, or for one or more of such uses, or in accordance with a commonly

recognized practice, will not cause unreasonable

« AnteriorContinuar »