7 Pa. Code § 128.91. EPA approval required.

§ 128.91. EPA approval required.

(a)  Only pesticides which have been approved by the EPA for registration under section 3 of FIFRA (7 U.S.C.A. §  136a) or are permitted to be distributed under a Federal exemption under section 18 or 25(b) of FIFRA (7 U.S.C.A. § §  136p and 136w(b)) may be registered by the State.
(b)  State registration of products sold only under an emergency exemption approved under section 18 of FIFRA will remain in effect only for the period specified by the EPA in granting approval of an exemption, and will require the registrant to provide to the State all information required under 40 CFR 166.32 (relating to reporting and recordkeeping requirements for specific, quarantine and public health exemptions).
(c)  Pesticide registration is required for all pesticides exempted from regulation under FIFRA under 40 CFR 152.25(f) (relating to exemptions for pesticides of a character not requiring FIFRA regulation). State registration of products under this exemption will be permitted only when the product labeling, composition, efficacy and risks are consistent with the terms for Federal exemption.

Authority

   The provisions of this §  128.91 amended under section 7(b)(2) of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. §  111.27(b)(2)).

Source

   The provisions of this §  128.91 amended December 10, 2010, effective December 11, 2010, 40 Pa.B. 7044. Immediately preceding text appears at serial page (305270).

Cross References

   This section cited in 7 Pa. Code §  128.41 (relating to requirements for certification).

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