cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
7 rows where part_number = 162 and title_number = 40 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 40:40:26.0.1.1.12.2.1.1 | 40 | Protection of Environment | I | E | 162 | PART 162—STATE REGISTRATION OF PESTICIDE PRODUCTS | D | Subpart D—Regulations Pertaining to State Registration of Pesticides To Meet Special Local Needs | § 162.150 General. | EPA | [46 FR 2014, Jan. 7, 1981, as amended at 53 FR 15999, May 4, 1988; 60 FR 32097, June 19, 1995] | (a) Scope. This subpart sets forth regulations governing the registration by any State of pesticide products, or uses thereof, formulated for distribution and use within the State to meet special local needs under sec. 24(c) of the Act. It also sets forth regulations governing the exercise by the Administrator of the power to disapprove specific State registrations and to suspend a State's registration authority under sec. 24(c). Unless otherwise indicated, any reference herein to registrations issued by a State includes amendments of registrations issued by States. (b) Applicability. This subpart applies only to State registration authority granted by sec. 24(c) of FIFRA. It does not apply to any authority granted, or procedures established, by State law with respect to registration, licensing, or approval required for use within the State of federally registered pesticide products. | |||
| 40:40:26.0.1.1.12.2.1.2 | 40 | Protection of Environment | I | E | 162 | PART 162—STATE REGISTRATION OF PESTICIDE PRODUCTS | D | Subpart D—Regulations Pertaining to State Registration of Pesticides To Meet Special Local Needs | § 162.151 Definitions. | EPA | [73 FR 75597, Dec. 12, 2008] | Terms used in this part have the same meaning as in the Act and part 152 of this chapter. In addition, as used in this subpart, the following terms shall apply: Federally registered means currently registered under section 3 of the Act, after having been initially registered under the Federal Insecticide, Fungicide, and Rodenticide Act of 1947 by the Secretary of Agriculture or under FIFRA by the Administrator. Manufacturing-use product means any pesticide product other than a product to be labeled with directions for end use. This term includes any product intended for use as a pesticide after reformulation or repackaging. New product means a pesticide product which is not a federally registered product. Pest problem means: (1) A pest infestation and its consequences, or (2) Any condition for which the use of plant regulators, defoliants, or desiccants would be appropriate. Product or pesticide product means a pesticide offered for distribution and use, and includes any labeled container and any supplemental labeling. Similar composition means a pesticide product which contains only the same active ingredient(s), or combinations of active ingredients, and which is in the same toxicity category, as defined in § 156.62 of this chapter, as a federally registered pesticide product. Similar product means a pesticide product which, when compared to a federally registered product, has a similar composition and a similar use pattern. Similar use pattern means a use of a pesticide product which, when compared to a federally registered use of a product with a similar composition, does not require a change in precautionary labeling under part 156 of this chapter, and which is substantially the same as the federally registered use. Registrations involving changed use patterns are not included in this term. Special local need means an existing or imminent pest problem within a State for which the State lead agency, based upon satisfactory supporting information, has determined that an appropriate federall… | |||
| 40:40:26.0.1.1.12.2.1.3 | 40 | Protection of Environment | I | E | 162 | PART 162—STATE REGISTRATION OF PESTICIDE PRODUCTS | D | Subpart D—Regulations Pertaining to State Registration of Pesticides To Meet Special Local Needs | § 162.152 State registration authority. | EPA | [46 FR 2014, Jan. 7, 1981, as amended at 73 FR 75597, Dec. 12, 2008] | (a) Statutory limitations. In accordance with sec. 24(c) of the Act, each State is authorized to register a new end use product for any use, or an additional use of a federally registered pesticide product, if the following conditions exist: (1) There is a special local need for the use within the State; (2) The use is covered by necessary tolerances, exemptions or other clearances under the Federal Food, Drug and Cosmetic Act (21 U.S.C. 346 et seq. ), if the use is a food or feed use; (3) Registration for the same use has not previously been denied, disapproved, suspended or cancelled by the Administrator, or voluntarily cancelled by the registrant subsequent to issuance by the Administrator of a notice of intent to cancel that registration, because of health or environmental concerns about an ingredient contained in the pesticide product, unless such denial, disapproval, suspension or cancellation has been superseded by subsequent action of the Administrator; and (4) The registration is in accord with the purposes of FIFRA. (b) Types of registrations —(1) Amendments to federal registrations. (i) Subject to the provisions of paragraphs (a) and (b)(1)(ii) through (iv) of this section, States may register any new use of a federally registered pesticide product. (ii) A State may register any use of a federally registered product for which registration of other uses of the product was denied, disapproved, suspended, or cancelled by the Administrator, provided that the State may register a use not considered by the Administrator in reaching such a determination only after the State consults with appropriate EPA personnel. (iii) Except as provided in paragraph (a)(3) of this section, a State may register any use of a federally registered product for which registration of some or all uses has been voluntarily cancelled by the registrant, provided that a State may register such a use only after the State has consulted with appropriate EPA personnel. (iv) A State may not register an amendment to a federally… | |||
| 40:40:26.0.1.1.12.2.1.4 | 40 | Protection of Environment | I | E | 162 | PART 162—STATE REGISTRATION OF PESTICIDE PRODUCTS | D | Subpart D—Regulations Pertaining to State Registration of Pesticides To Meet Special Local Needs | § 162.153 State registration procedures. | EPA | [46 FR 2014, Jan. 7, 1981, as amended at 53 FR 15999, May 4, 1988; 60 FR 32097, June 19, 1995; 70 FR 59888, Oct. 13, 2005; 73 FR 75597, Dec. 12, 2008] | (a) Application for registration. States shall require all applicants for registration to submit the following information: (1) Name and address of the applicant and any other person whose name will appear on the labeling or in the directions for use. (2) The name of the pesticide product, and, if the application is for an amendment to a federally registered product, the EPA registration number of that product. (3) A copy of proposed labeling, including all claims made for the product as well as directions for its use to meet the special local need, consisting of: (i) For a new product, a copy of the complete proposed labeling; or, (ii) For an additional use of a federally registered product, a copy of proposed supplemental labeling and a copy of the labeling for the federally registered product. (4) The complete formula of the product, if the application is for a new product registration. (5) Any other information which is required to be reviewed prior to registration under this section. (b) Special local need determination. In reviewing any application for registration, the State shall determine whether there is a special local need for the registration. Situations which a State may consider as not involving a special local need may include, but are not limited to, applications for registrations to control a pest problem present on a nationwide basis, or for use of a pesticide product registered by other States on an interregional or nationwide basis. (c) Unreasonable adverse effects determination. (1) Prior to issuing a registration in the following cases, the State shall determine that use of the product for which registration is sought will not cause unreasonable adverse effects on man or the environment, when used in accordance with labeling directions or widespread and commonly recognized practices: (i) For use of a product which has a composition not similar to any federally registered product. (ii) For use of a project involving a use pattern not similar to any federally registered use o… | |||
| 40:40:26.0.1.1.12.2.1.5 | 40 | Protection of Environment | I | E | 162 | PART 162—STATE REGISTRATION OF PESTICIDE PRODUCTS | D | Subpart D—Regulations Pertaining to State Registration of Pesticides To Meet Special Local Needs | § 162.154 Disapproval of State registrations. | EPA | (a) General disapprovals. (1) Except as provided in paragraph (b) of this section, the Administrator may disapprove, on any reasonable grounds, any state registration which, when compared to a federally registered product, does not have both a similar composition and a similar use pattern; provided that the Administrator may not disapprove such a registration solely because of a lack of essentiality. Grounds for disapproval of State registrations not involving similar products may include, but are not limited to: (i) Probable creation of unreasonable adverse effects on man or the environment by the registered use. (ii) Refusal of the registering State to submit information supporting the registration as required by § 162.153(h). (iii) Failure of information submitted by the State to support the State's decision to issue the registration under standards established by § 162.153. (2) Prior to disapproval of any State registration under this paragraph, the Administrator shall notify the registering State, in writing, of the Administrator's intent to disapprove, and of the reasons for disapproval. The notice of intent will provide a reasonable time, not less than ten days from the date the notice is received by the State, for the State to respond, and will invite the State to consult with the Administrator or his designee. If the grounds for disapproval are based on actions or omissions by the State, the notice will, if possible, also provide the State with a reasonable amount of time in which to take corrective action, not to exceed the time allowed for disapproval under paragraph (c) of this section. (3) The registering State may, within ten days of receipt of a notice of intent to disapprove, request that the Administrator, or his designee, consult with appropriate State officials prior to the Administrator's final decision on disapproval. The Administrator will consider any relevant information presented at such a consultation, or in any other timely and appropriate fashion, in deciding whether to withdraw… | ||||
| 40:40:26.0.1.1.12.2.1.6 | 40 | Protection of Environment | I | E | 162 | PART 162—STATE REGISTRATION OF PESTICIDE PRODUCTS | D | Subpart D—Regulations Pertaining to State Registration of Pesticides To Meet Special Local Needs | § 162.155 Suspension of State registration authority. | EPA | (a) General. (1) If the Administrator finds that a State is not capable of exercising, or has failed to exercise, adequate control over its registration program, so that the State cannot ensure that registrations issued by it will be in accord with the purposes of FIFRA, then the Administrator may suspend the State's authority to register pesticides under sec. 24(c) of the Act. Registrations issued by the State after suspension of its authority will not be considered valid under FIFRA. Registrations issued by the State prior to suspension will not be affected by the suspension. (2) The Administrator may suspend all or any part of a State's registration authority, as appropriate. (b) Grounds for suspension. (1) The Administrator may suspend a State's registration authority due to lack of, or failure to exercise, adequate control by the State over its sec. 24(c) registration program. Adequate control includes, but is not limited to, all of the following: (i) Access to appropriate scientific and technical personnel to review data and make determinations as required by § 162.153. (ii) Registration procedures satisfying § 162.153. (iii) Complete and accurate records of State registrations. (iv) Adequate legal authority. (A) To deny, suspend, revoke, or amend a State registration when the registration is not in compliance with FIFRA, this subpart, or State law, or when necessary to prevent unreasonable adverse effects on the environment. (B) To enter, at reasonable times, by consent, warrant, or other legal means, any establishment where pesticides are produced or held for distribution or sale, to inspect, sample, and observe whether pesticides are being produced or distributed in compliance with FIFRA, this subpart, State law, and the terms of any State registration. (2) The Administrator may suspend a State's registration authority if the State fails to exercise the controls specified in paragraph (b)(1) of this section, or if the State refuses to correct within a reasonable time any other significant def… | ||||
| 40:40:26.0.1.1.12.2.1.7 | 40 | Protection of Environment | I | E | 162 | PART 162—STATE REGISTRATION OF PESTICIDE PRODUCTS | D | Subpart D—Regulations Pertaining to State Registration of Pesticides To Meet Special Local Needs | § 162.156 General requirements. | EPA | (a) Requirements for distribution and use. (1) Any product whose State registration has been issued in accordance with §§ 162.152 and 162.153 may be distributed and used in that State, subject to the following provisions of the Act and the regulations promulgated thereunder: (i) Sec. 12(a)(1) (A) through (E), in accordance with: (A) Sec. 2(q)(1) (A) through (G). (B) Sec. 2(q)(2) (A) through (D). (ii) Sec. 12(a)(2) (A) through (G) and (I) through (P). (2) A product or use classified by a State for restricted use under § 162.153(g) may be used only by, or under the direct supervision of, an applicator certified under a plan approved by EPA in accordance with sec. 4 of FIFRA. (3) State registrations which are not issued in accordance with § 162.152 (a) and (b)(2) (i), (ii) and (iii) are not authorized by section 24(c) and are not considered valid for any purposes under FIFRA. When the Administrator determines that a registration is invalid, the Administrator shall notify the registering State that the registration is invalid, and may specify the reason for the invalidity. (b) Establishment registration requirements. No person may produce any pesticide, including any pesticide registered by a State under section 24(c), unless the establishment in which it is produced is registered by the Administrator in accordance with sec. 7 of FIFRA and 40 CFR part 167. (c) Books and records requirements. All producers of pesticides, including those producers of pesticides registered by States under sec. 24(c), must maintain records in accordance with the requirements imposed under sec. 8 of FIFRA and 40 CFR part 169. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);