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Notes

40 C.F.R. §§ 158.200–158.270

9 sections in range

§158.200. Experimental use permit data requirements tables.

40 C.F.R. § 158.200

Sections 158.200 through 158.270 describe how to use these tables to determine the experimental use permit data requirements for a particular pesticide product. Notes that apply to an individual test and include specific conditions, qualifications, or exceptions to the designated test are listed at the end of each table. Refer to 40 CFR part 172 for further information on experimental use permits.
Notes, amendments, and revision history

Authority

Authority: 7 U.S.C. 136-136y; 21 U.S.C. 346a.

Source

Source: 72 FR 60957, Oct. 26, 2007, unless otherwise noted.

§158.220. Experimental use permit data requirements for product performance.

40 C.F.R. § 158.220

All product performance data, as described in paragraph (c) of this section, must be submitted to support a request for an experimental use permit.
(a)
Use patterns.
(1)
The terrestrial use pattern includes products classified under the general use patterns of terrestrial food crop and terrestrial nonfood crop. The aquatic use pattern includes products classified under the general use patterns of aquatic food crop and aquatic nonfood crop. The greenhouse use pattern includes products classified under the general use patterns of greenhouse food crop and greenhouse nonfood crop. The indoor use pattern includes products classified under the general use patterns of indoor food and indoor nonfood use.
(2)
Data are also required for forestry and residential outdoor uses.
(b)
Key. CR = Conditionally required; NR = Not required; R = Required; MP = Manufacturing-use product; EP = End-use product; TEP = Typical end-use product.
(c)
Table. The following table shows the experimental use data requirements for product performance. The test notes are shown in paragraph (d) of this section.
(d)
Test notes. The following test notes apply to the data requirements in the table to paragraph (c) of this section.
Notes, amendments, and revision history

Amendments

[72 FR 60957, Oct. 26, 2007, as amended at 73 FR 75596, Dec. 12, 2008]

Authority

Authority: 7 U.S.C. 136-136y; 21 U.S.C. 346a.

Source

Source: 72 FR 60957, Oct. 26, 2007, unless otherwise noted.

Amendments

[72 FR 60957, Oct. 26, 2007, as amended at 73 FR 75596, Dec. 12, 2008]

§158.230. Experimental use permit data requirements for toxicology.

40 C.F.R. § 158.230

All toxicology data, as described in paragraph (c) of this section, must be submitted to support a request for an experimental use permit.
(a)
Use patterns.
(1)
Food use patterns include products classified under the general use patterns of terrestrial food crop use, terrestrial feed crop use, aquatic food crop use, greenhouse food crop use, and indoor food use.
(2)
Nonfood use patterns include products classified under the general use patterns of terrestrial nonfood crop use, aquatic nonfood crop use, aquatic nonfood outdoor use, greenhouse nonfood crop use, forestry use, residential outdoor use, indoor nonfood use, and indoor residential use.
(b)
Key. CR = Conditionally required; NR = Not required; R = Required; EP = End-use product; MP = Manufacturing-use product; PAIRA = Pure active ingredient radio-labeled; TGAI = Technical grade of the active ingredient.
(c)
Table. The following table shows the experimental use data requirements for toxicology. The test notes are shown in paragraph (d) of this section.
(d)
Test notes. The following test notes apply to the data requirements in the table to paragraph (c) of this section.
Notes, amendments, and revision history

Amendments

[72 FR 60957, Oct. 26, 2007, as amended at 73 FR 75596, Dec. 12, 2008]

Authority

Authority: 7 U.S.C. 136-136y; 21 U.S.C. 346a.

Source

Source: 72 FR 60957, Oct. 26, 2007, unless otherwise noted.

Amendments

[72 FR 60957, Oct. 26, 2007, as amended at 73 FR 75596, Dec. 12, 2008]

§158.240. Experimental use permit data requirements for ecological effects.

40 C.F.R. § 158.240

All data for terrestrial nontarget organisms and aquatic nontarget organisms as described in § 158.243 must be submitted to support a request for an experimental use permit. No data for nontarget plant protection must be submitted to support a request for an experimental use permit.
Notes, amendments, and revision history

Authority

Authority: 7 U.S.C. 136-136y; 21 U.S.C. 346a.

Source

Source: 72 FR 60957, Oct. 26, 2007, unless otherwise noted.

§158.243. Experimental use permit data requirements for terrestrial and aquatic nontarget organisms.

40 C.F.R. § 158.243

All terrestrial and aquatic nontarget organism data, as described in paragraph (c) of this section, must be submitted to support a request for an experimental use permit.
(a)
Use patterns.
(1)
The terrestrial use pattern includes products classified under the general use patterns of terrestrial food crop, terrestrial feed crop, and terrestrial nonfood crop. The aquatic use pattern includes products classified under the general use patterns of aquatic food crop and aquatic nonfood. The greenhouse use pattern includes products classified under the general use patterns of greenhouse food crop and greenhouse nonfood crop. The indoor use pattern includes products classified under the general use patterns of indoor food and indoor nonfood use.
(2)
Data are also required for the general use patterns of forestry and residential outdoor use.
(b)
Key. CR = Conditionally required; NR = Not required; R = Required; TEP = Typical end-use product; TGAI = Technical grade of the active ingredient; commas between the test substances (e.g. TGAI, TEP) indicate that data may be required on the TGAI or TEP depending on the conditions set forth in the test note.
(c)
Table. The following table shows the experimental use data requirements for terrestrial and aquatic nontarget organisms. The test notes are shown in paragraph (d) of this section.
(d)
Test notes. The following test notes apply to the data requirements in the table to paragraph (c) of this section.
Notes, amendments, and revision history

Amendments

[72 FR 60957, Oct. 26, 2007, as amended at 73 FR 75596, Dec. 12, 2008]

Authority

Authority: 7 U.S.C. 136-136y; 21 U.S.C. 346a.

Source

Source: 72 FR 60957, Oct. 26, 2007, unless otherwise noted.

Amendments

[72 FR 60957, Oct. 26, 2007, as amended at 73 FR 75596, Dec. 12, 2008]

§158.250. Experimental use permit data requirements for human exposure.

40 C.F.R. § 158.250

No data for applicator exposure and post-application exposure must be submitted to support a request for an experimental use permit.
Notes, amendments, and revision history

Authority

Authority: 7 U.S.C. 136-136y; 21 U.S.C. 346a.

Source

Source: 72 FR 60957, Oct. 26, 2007, unless otherwise noted.

§158.260. Experimental use permit data requirements for environmental fate.

40 C.F.R. § 158.260

All environmental fate data, as described in paragraph (c) of this section, must be submitted to support a request for an experimental use permit.
(a)
Use patterns.
(1)
The terrestrial use pattern includes products classified under the general use patterns of terrestrial food crop, terrestrial feed crop, and terrestrial nonfood. The aquatic use pattern includes the general use patterns of aquatic food crop, aquatic nonfood residential, and aquatic nonfood outdoors. The greenhouse use pattern includes both food and nonfood uses. The indoor use pattern includes food, nonfood, and residential indoor uses.
(2)
Data are also required for the general use patterns of forestry use and residential outdoor use.
(b)
Key. CR = Conditionally required; NR = Not required; R = Required; PAIRA = Pure active ingredient radio-labeled; TGAI = Technical grade of the active ingredient.
(c)
Table. The following table shows the experimental use data requirements for environmental fate. The test notes are shown in paragraph (d) of this section.
(d)
Test notes. The following test notes apply to the data requirements in the table to paragraph (c) of this section.
Notes, amendments, and revision history

Amendments

[72 FR 60957, Oct. 26, 2007, as amended at 73 FR 75596, Dec. 12, 2008]

Authority

Authority: 7 U.S.C. 136-136y; 21 U.S.C. 346a.

Source

Source: 72 FR 60957, Oct. 26, 2007, unless otherwise noted.

Amendments

[72 FR 60957, Oct. 26, 2007, as amended at 73 FR 75596, Dec. 12, 2008]

§158.270. Experimental use permit data requirements for residue chemistry.

40 C.F.R. § 158.270

All residue chemistry data, as described in § 158.1410, are required for an experimental use permit for which a temporary tolerance under FFDCA section 408(r) is sought. Residue chemistry data are not required for an experimental use permit issued on a crop-destruct basis.
Notes, amendments, and revision history

Authority

Authority: 7 U.S.C. 136-136y; 21 U.S.C. 346a.

Source

Source: 72 FR 60957, Oct. 26, 2007, unless otherwise noted.