C.F.R. » Title 40 » CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY › SUBCHAPTER E—PESTICIDE PROGRAMS › PART 155—REGISTRATION STANDARDS AND REGISTRATION REVIEW › Subpart C—Registration Review Procedures

40 C.F.R. § 155.40

General

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(a) Purpose. These regulations establish procedures for the registration review program required in FIFRA section 3(g). Registration review is the periodic review of a pesticide's registration to ensure that each pesticide registration continues to satisfy the FIFRA standard for registration. Under FIFRA section 3(g), each pesticide is required to be reviewed every 15 years.

(1) Among other things, FIFRA requires that a pesticide generally will not cause unreasonable adverse effects on the environment. Registration review is intended to ensure that each pesticide's registration is based on current scientific and other knowledge regarding the pesticide, including its effects on human health and the environment.

(2) If a product fails to satisfy the FIFRA standard for registration, the product's registration may be subject to cancellation or other remedies under FIFRA.

(b) Applicability. This subpart applies to every pesticide product registered under FIFRA section 3 as well as all pesticide products registered under FIFRA section 24(c). It does not apply to products whose sale or distribution is authorized under FIFRA section 5 or section 18.

(c) Limitations. (1) At any time, the Agency may undertake any other review of a pesticide under FIFRA, irrespective of the pesticide's past, ongoing, scheduled, or not yet scheduled registration review.

(2) When the Agency determines that new data or information are necessary for a pesticide's registration review, it will require such data under FIFRA section 3(c)(2)(B).

[71 FR 45732, Aug. 9, 2006, as amended at 73 FR 75595, Dec. 12, 2008]
Notes of Decisions
Cited in 3 cases (3 in the last 5 years), 2022–2023 · leading case: Migrant Clinicians Network v. Usepa, 88 F.4th 830 (9th Cir. 2023).
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Migrant Clinicians Network v. Usepa, 88 F.4th 830 (9th Cir. 2023). “” 40 C.F.R. § 155.40 (a) (emphasis added). Here, the Final Registration Decision explained that “[a]dditional pollinator data” from studies that would “examine potential toxicity to larval and adult honey bees” could be “necessary to help make a final registration review…”
Nrdc v. Usepa, No. 20-70787 (9th Cir. June 17, 2022). · cites it 2× “§§ 136a(g)(1)(A)(v), 136d(b); 40 C.F.R. § 155.40 (a)(2), or may require mitigation measures to reduce risk to acceptable levels, see 40 C.”
Orr v. U.S. EPA, 641 F. Supp. 3d 258 (W.D.N.C. 2022). “§ 136d(b); 40 C.F.R. § 155.40 ; Reckitt Benckiser Inc.”
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