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U.S. Code as of:
01/03/05
Section 136c. Experimental use permits
(a) Issuance
Any person may apply to the Administrator for an experimental use
permit for a pesticide. The Administrator shall review the
application. After completion of the review, but not later than one
hundred and twenty days after receipt of the application and all
required supporting data, the Administrator shall either issue the
permit or notify the applicant of the Administrator's determination
not to issue the permit and the reasons therefor. The applicant may
correct the application or request a waiver of the conditions for
such permit within thirty days of receipt by the applicant of such
notification. The Administrator may issue an experimental use
permit only if the Administrator determines that the applicant
needs such permit in order to accumulate information necessary to
register a pesticide under section 136a of this title. An
application for an experimental use permit may be filed at any
time.
(b) Temporary tolerance level
If the Administrator determines that the use of a pesticide may
reasonably be expected to result in any residue on or in food or
feed, the Administrator may establish a temporary tolerance level
for the residue of the pesticide before issuing the experimental
use permit.
(c) Use under permit
Use of a pesticide under an experimental use permit shall be
under the supervision of the Administrator, and shall be subject to
such terms and conditions and be for such period of time as the
Administrator may prescribe in the permit.
(d) Studies
When any experimental use permit is issued for a pesticide
containing any chemical or combination of chemicals which has not
been included in any previously registered pesticide, the
Administrator may specify that studies be conducted to detect
whether the use of the pesticide under the permit may cause
unreasonable adverse effects on the environment. All results of
such studies shall be reported to the Administrator before such
pesticide may be registered under section 136a of this title.
(e) Revocation
The Administrator may revoke any experimental use permit, at any
time, if the Administrator finds that its terms or conditions are
being violated, or that its terms and conditions are inadequate to
avoid unreasonable adverse effects on the environment.
(f) State issuance of permits
Notwithstanding the foregoing provisions of this section, the
Administrator shall, under such terms and conditions as the
Administrator may by regulations prescribe, authorize any State to
issue an experimental use permit for a pesticide. All provisions of
section 136i of this title relating to State plans shall apply with
equal force to a State plan for the issuance of experimental use
permits under this section.
(g) Exemption for agricultural research agencies
Notwithstanding the foregoing provisions of this section, the
Administrator may issue an experimental use permit for a pesticide
to any public or private agricultural research agency or
educational institution which applies for such permit. Each permit
shall not exceed more than a one-year period or such other specific
time as the Administrator may prescribe. Such permit shall be
issued under such terms and conditions restricting the use of the
pesticide as the Administrator may require. Such pesticide may be
used only by such research agency or educational institution for
purposes of experimentation.
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