---
kind: "section"
citation: "40 C.F.R. § 152.30"
title: "40"
number: "152.30"
heading: "Pesticides that may be transferred, sold, or distributed without registration."
url: "https://uscodex.org/cfr/40/152.30"
---

# §152.30. Pesticides that may be transferred, sold, or distributed without registration.


An unregistered pesticide, or a pesticide whose registration has been cancelled or suspended, may be dis-tributed or sold, or otherwise transferred, to the extent described by this section.

- (a) **A pesticide transferred between registered establishments operated by the same producer.** An unregistered pesticide may be transferred between registered establishments operated by the same producer. The pesticide as transferred must be labeled in accordance with [part 156](/cfr/40/part156.md) of this chapter.
- (b) **A pesticide transferred between registered establishments not operated by the same producer.** An unregistered pesticide may be transferred between registered establishments not operated by the same producer if:
  - (1) The transfer is solely for the purpose of further formulation, packaging, or labeling into a product that is registered;
  - (2) Each active ingredient in the pesticide, at the time of transfer, is present as a result of incorporation into the pesticide of either:
    - (i) A registered product; or
    - (ii) A pesticide that is produced by the registrant of the final product; and
  - (3) **The product as transferred is labeled in accordance with part 156 of this chapter.**
- (c) **A pesticide distributed or sold under an experimental use permit.**
  - (1) An unregistered pesticide may be distributed or sold in accordance with the terms of an experimental use permit issued under FIFRA [sec. 5](/cfr/40/5.md), if the product is labeled in accordance with [§ 172.6](/cfr/40/172.6.md) of this chapter.
  - (2) An unregistered pesticide may be distributed or sold in accordance with the provisions of [§ 172.3](/cfr/40/172.3.md) of this chapter, pertaining to use of a pesticide for which an experimental use permit is not required, provided the product is labeled in accordance with [part 156](/cfr/40/part156.md) of this chapter.
- (d) **A pesticide transferred solely for export.** An unregistered pesticide may be transferred within the United States solely for export if it meets the following conditions:
  - (1) The product is prepared and packaged according to the specifications of the foreign purchaser; and
  - (2) **The product is labeled in accordance with part 156 of this chapter.**
- (e) **A pesticide distributed or sold under an emergency exemption.** An unregistered pesticide may be distributed or sold in accordance with the terms of an emergency exemption under FIFRA [sec. 18](/cfr/40/18.md), if the product is labeled in accordance with [part 156](/cfr/40/part156.md) of this chapter.
- (f) **A pesticide transferred for purposes of disposal.** An unregistered, suspended, or cancelled pesticide may be transferred solely for disposal in accordance with FIFRA [sec. 19](/cfr/40/19.md) or an applicable Administrator's order. The product must be labeled in accordance with [part 156](/cfr/40/part156.md) of this chapter.
- (g) **Existing stocks of a formerly registered product.** A cancelled or suspended pesticide may be distributed or sold to the extent and in the manner specified in an order issued by the Administrator concerning existing stocks of the pecticide.

## Notes

### Source

Source: 53 FR 15977, May 4, 1988, unless otherwise noted.

### Authority

Authority: 7 U.S.C. 136-136y; Subpart U is also issued under 31 U.S.C. 9701.
