--- kind: "range" citation: "40 C.F.R. §§ 158.200–158.270" title: "40" from: "158.200" to: "158.270" count: 9 url: "https://uscodex.org/cfr/40/158.200..158.270" --- # §158.200. Experimental use permit data requirements tables. [Sections 158.200 through 158.270](/cfr/40/158.200..158.270.md) 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](/cfr/40/part172.md) for further information on experimental use permits. # §158.210. Experimental use permit data requirements for product chemistry. All product chemistry data, as described in [§ 158.310](/cfr/40/158.310.md), must be submitted to support a request for an experimental use permit. # §158.220. Experimental use permit data requirements for product performance. All product performance data, as described in [paragraph (c)](#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)](#d) of this section. - (d) **Test notes.** The following test notes apply to the data requirements in the table to [paragraph (c)](#c) of this section. # §158.230. Experimental use permit data requirements for toxicology. All toxicology data, as described in [paragraph (c)](#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)](#d) of this section. - (d) **Test notes.** The following test notes apply to the data requirements in the table to [paragraph (c)](#c) of this section. # §158.240. Experimental use permit data requirements for ecological effects. All data for terrestrial nontarget organisms and aquatic nontarget organisms as described in [§ 158.243](/cfr/40/158.243.md) 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. # §158.243. Experimental use permit data requirements for terrestrial and aquatic nontarget organisms. All terrestrial and aquatic nontarget organism data, as described in [paragraph (c)](#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)](#d) of this section. - (d) **Test notes.** The following test notes apply to the data requirements in the table to [paragraph (c)](#c) of this section. # §158.250. Experimental use permit data requirements for human exposure. No data for applicator exposure and post-application exposure must be submitted to support a request for an experimental use permit. # §158.260. Experimental use permit data requirements for environmental fate. All environmental fate data, as described in [paragraph (c)](#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)](#d) of this section. - (d) **Test notes.** The following test notes apply to the data requirements in the table to [paragraph (c)](#c) of this section. # §158.270. Experimental use permit data requirements for residue chemistry. All residue chemistry data, as described in [§ 158.1410](/cfr/40/158.1410.md), are required for an experimental use permit for which a temporary tolerance under FFDCA [section 408(r)](/cfr/40/408.md?p=r) is sought. Residue chemistry data are not required for an experimental use permit issued on a crop-destruct basis.