(a) A registrant may distribute or sell a registered product with the composition, packaging and labeling currently approved by the Agency.
(b) A registrant may distribute or sell a product under labeling bearing any subset of the approved directions for use, provided that in limiting the uses listed on the label, no changes would be necessary in precautionary statements, use classification, or packaging of the product.
(c) Normally, if the product labeling is amended on the initiative of the registrant, by submission of an application for amended registration, the registrant may distribute or sell under the previously approved labeling for a period of 18 months after approval of the revision, unless an order subsequently issued by the Agency under FIFRA sec. 6 or 13 provides otherwise. However, if paragraph (d) of this section applies to the registrant's product, the time frames established by the Agency in accordance with that paragraph shall take precedence.
(d) If a product's labeling is required to be revised as a result of the issuance of a Registration Standard, a Label Improvement Program notice, or a notice concluding a special review process, the Agency will specify in the notice to the registrant the period of time that previously approved labeling may be used. In all cases, supplemental or sticker labeling may be used as an interim compliance measure for a reasonable period of time. The Agency may establish dates as follows governing when label changes must appear on labels:
(1) The Agency may establish a date after which all product distributed or sold by the registrant must bear revised labeling.
(2) The Agency may also establish a date after which no product may be distributed or sold by any person unless it bears revised labeling. This date will provide sufficient time for product in channels of trade to be distributed or sold to users or otherwise disposed of.
Notes of Decisions
Peterson v. BASF Corp., 711 N.W.2d 470 (Minn. 2006).
“40 C.F.R. § 152.130 (b) (2005). This is known as “subset labeling.”
Dow AgroSciences LLC v. Nat'l Marine Fisheries Serv., 707 F.3d 462 (4th Cir. 2013).
“” 40 C.F.R. § 152.130 (a). To ensure that registrations are up to date, 1988 amendments to FI-FRA required the EPA to reregister any pesticide that was first registered before November 1, 1984.”
Peterson v. BASF Corp., 675 N.W.2d 57 (Minn. 2004).
“Federal regulations provide that “[a] registrant may distribute or sell a product under labeling bearing any subset of the approved directions for use, * * 40 C.F.R. § 152.130 (b) (2000). However, if a' registrant does not sell a product for use on a crop with labeling bearing…”
Ansagay v. Dow Agrosciences LLC, 153 F. Supp. 3d 1270 (D. Haw. 2015).
“Dow cites to several statutory, provisions and EPA regulations in this regard, including 40 C.F.R. § 152.130 (a), which provides that “[a] registrant may distribute or sell [the] registered product with the composition, packaging and labeling currently approved by the Agency.”
Peterson v. BASF Corp., 618 N.W.2d 821 (Minn. Ct. App. 2000).
“40 C.F.R. § 152.130 (b) (1994). Appellants presented evidence, however, to suggest that BASF designed a plan to conceal the fact that Poast Plus was EPA registered for use on minor crops and to discourage any off-label use of Poast Plus.”
Jeffers v. Wal-Mart Stores, Inc., 171 F. Supp. 2d 617 (S.D.W. Va 2001).
“” 40 C.F.R. § 152.130 (2001). 3 Dow points out that it provided EPA with the precise composition for Dursban HF, along with toxicological and other scientific data required by EPA, and that EPA registered the product and approved its label, allowing the product to be sold.”
Fox v. Cheminova, Inc., 387 F. Supp. 2d 160 (E.D.N.Y 2005).
· cites it 3× “The time period within which registrants must amend labels is governed by 40 C.F.R. § 152.130 , which provides different time periods based on whether a change is “registrant-driven” (as it is here) or “EPA-driven” (ie, the product is required to be revised as a result of the…”
Croplife Am., Inc. v. City of Madison, 373 F. Supp. 2d 905 (W.D. Wis. 2005).
“§§ 136a(a) & (c)(5); 40 C.F.R. § 152.130 (a). Before the *912 EPA grants a registration, it insures that a product’s label contains warnings, precautionary statements and directions for use that are “necessary for effecting” the product’s purpose and “adequate to protect health…”
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