---
kind: "section"
citation: "40 C.F.R. § 26.1704"
title: "40"
number: "26.1704"
heading: "Prohibition of reliance on unethical human research with non-pregnant, non-nursing adults."
url: "https://uscodex.org/cfr/40/26.1704"
---

# §26.1704. Prohibition of reliance on unethical human research with non-pregnant, non-nursing adults.

- (a) This section applies to research subject to this subpart that is not subject to [§ 26.1705](/cfr/40/26.1705.md).
- (b) Except as provided in [§ 26.1706](/cfr/40/26.1706.md), EPA must not rely on data from any research subject to this section if there is clear and convincing evidence that:
  - (1) The conduct of the research was fundamentally unethical (e.g., the research was intended to seriously harm participants or failed to obtain informed consent); or
  - (2) The conduct of the research was deficient relative to the ethical standards prevailing at the time the research was conducted in a way that placed participants at increased risk of harm (based on knowledge available at the time the study was conducted) or impaired their informed consent.
- (c) The prohibition in this section is in addition to the prohibitions in [§ 26.1703](/cfr/40/26.1703.md).

## Notes

### Amendments

[78 FR 10545, Feb. 14, 2013]

### Source

Source: 71 FR 6168, Feb. 6, 2006, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 301; 7 U.S.C. 136a(a) and 136w(a)(1); 21 U.S.C. 346a(e)(1)(C); sec. 201, Pub. L. 109-54, 119 Stat. 531; and 42 U.S.C. 300v-1(b).

### Source

Source: 56 FR 28012, 28022, June 18, 1991, unless otherwise noted.

### Amendments

[78 FR 10545, Feb. 14, 2013]