[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR172.25]

[Page 262-263]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 172_EXPERIMENTAL USE PERMITS--Table of Contents
 
          Subpart B_State Issuance of Experimental Use Permits
 
Sec. 172.25  Administration of State programs.

    (a) General. State experimental use permit programs shall be 
consistent with the Federal experimental use permit program, as set 
forth in subpart A of 40 CFR part 172.
    (b) Procedures leading to issuance. An application for an 
experimental use permit shall be made in writing, and shall contain 
sufficient information, including a confidential statement of formula 
for any new product, to enable the State to determine whether use 
pursuant to the permit would be in accordance with the purposes of FIFRA 
and this subpart.
    (c) Labeling. (1) New products shall bear labeling satisfying the 
requirements of Sec. 172.6(a), except that the prominent statement 
``For Distribution and Experimental Use Only Within (State)'' shall be 
used in place of ``For Experimental Use Only''. The designated State 
agency may approve, as directions for use on labeling, the experimental 
program, provided such program is to be distributed with the product.
    (2) The designated State agency may permit an EPA or State 
registered pesticide to be used under an experimental use permit with 
supplemental labeling as approved by the State agency. In exercising 
this discretion, the designated State agency shall ensure that the 
supplemental labeling and the registered label together satisfy the 
requirements of Sec. 172.6(a).

[[Page 263]]

    (d) Duration. State experimental use permits shall be issued for a 
specified period of time, not to exceed three years, depending upon the 
nature of the pest problem and the requirements of the testing program 
submitted. The designated State agency may renew, extend or amend the 
stated duration of a permit, if circumstances warrant.
    (e) Limitations. The designated State agency shall impose such 
limitations in the permit as are necessary to protect health and the 
environment, including limitations on quantity, sites, area, disposal, 
and other aspects of pesticide use.
    (f) Program surveillance and reporting of data. (1) The permittee 
shall supervise the test program and evaluate the results of testing at 
each site of application. The designated State agency shall require the 
permittee to report to it immediately any adverse effects resulting from 
use of, or exposure to, the pesticide.
    (2) During the course of the program, the designated State agency 
shall require the permittee to submit such reports (both special and 
periodic) as are necessary to supervise effectively the progress of the 
program to prevent unreasonable adverse effects on man or the 
environment. The designated State agency shall also require the 
permittee to submit a final report at the conclusion of the program. 
Where applicable, such reports shall also be made available to the U.S. 
Department of Agriculture, Food Service and Quality Service (FSQS), as 
required by Sec. 172.8(c).
    (g) Disposal. All pesticides and pesticide containers, whether 
disposed of during the course of a State permit or remaining at the 
termination of a permit, must either be:
    (1) Disposed of in accordance with a disposal plan approved as part 
of the experimental program; or
    (2) Returned to the permittee for storage or disposal in accordance 
with the requirements of RCRA and rules there under; or
    (3) If the product is currently registered, used in accordance with 
the registered label.

[44 FR 41787, July 18, 1979, as amended at 60 FR 32097, June 19, 1995]