40 C.F.R. § 152.115

Conditions of registration

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(a) Substantially similar products and new uses. Each registration issued under § 152.113 shall be conditioned upon the submission or citation by the registrant of all data which are required for unconditional registration of his product under FIFRA sec. 3(c)(5), but which have not yet been submitted, no later than the time such data are required to be submitted for similar pesticide products already registered. If a notice requiring submission of such data has been issued under FIFRA sec. 3(c)(2)(B) prior to the date of approval of the application, the applicant must submit or cite the data described by that notice at the time specified by that notice. The applicant must agree to these conditions before the application may be approved.

(b) New active ingredients. Each registration issued under § 152.114 shall be conditioned upon the applicant's agreement to each of the following conditions:

(1) The applicant will submit remaining required data (and interim reports if required) in accordance with a schedule approved by the Agency.

(2) The registration will expire upon a date established by the Agency, if the registrant fails to submit data as required by the Agency. The expiration date will be established based upon the length of time necessary to generate and submit the required data. If the studies are submitted in a timely manner, the registration will be cancelled if the Agency determines, based on the data (alone, or in conjuction with other data), that the product or one or more of its uses meets or exceeds any of the risk criteria established by the Agency to initiate a special review. If the Agency so determines, it will issue to the registrant a Notice of Intent to Cancel under FIFRA sec. 6(e), and will specify any provisions for sale and distribution of existing stocks of the pesticide product.

(3) The applicant will submit an annual report of the production of the product.

(c) Other conditions. The Agency may establish, on a case-by-case basis, other conditions applicable to registrations to be issued under FIFRA sec. 3(c)(7).

(d) Cancellation if condition is not satisfied. If any condition of the registration of the product is not satisfied, or if the Agency determines that the registrant has failed to initiate or pursue appropriate action towards fulfillment of any condition, the Agency will issue a notice of intent to cancel under FIFRA sec. 6(e).

[53 FR 15980, May 4, 1988, as amended at 60 FR 32096, June 19, 1995]

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2012–2024 · leading case: National Family Farm Coalition v. Usepa

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National Family Farm Coalition v. Usepa (2020) ca9 · cites it 2× “§ 136(p); 40 C.F.R. §§ 152.115 , 156.10. Registration occurs in a variety of ways.”

Ellis v. Housenger (2017) cand “§ 136a(c)(5), 40 C.F.R. § 152.115 (a), or “conditional,” see 7 U.”

Center for Biological Diversity v. United States Environmental Protection Agency (2024) azd “” 40 C.F.R. §152.115 (a). 25 Unconditional registrations hinge on whether the registrant-pesticide “cause[s] any 26 unreasonable adverse effects” compared to the standard for conditional registrations which 27 is whether it “significantly increases the risk of any unreasonable…”

Woodstream Corporation v. Jackson (2012) dcd “Rather, EPA points out that FIFRA is silent as to whether EPA may or may not place conditions on registrations other than conditions specified in Section 3(c)(7). EPA has interpreted its registration authority to “establish, on a case-by-case basis, other conditions applicable…”

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