2 Va. Admin. Code § 5-670-120 - Products for experimental use
Current through Register Vol.. 38, No. 17, April 11, 2022
A. Articles for which no permit is required.
1. A substance or mixture of substances being
tested only to determine its value as a pesticide, or to determine its toxicity
or other properties, and is not considered a pesticide within the meaning of
§ 3.2-3900 of the Code of Virginia.
2. A pesticide shipped or delivered for
experimental use by or under the supervision of any federal or state agency
authorized by law to conduct research in the field of economic poisons shall
not be subject to the provisions of the law and this chapter.
B. Articles for which permit is
required.
1. A pesticide shipped or delivered
for experimental use by other qualified persons shall be exempt from the
provisions of the law and of this chapter if a permit is obtained beforehand.
Permits may be either, specific or general. A specific permit will be issued to
cover a particular shipment on a specified date to a named person. A general
permit will be issued to cover more than one shipment over a period of time to
different persons.
2. If a
pesticide is to be tested for a use which is likely to leave residue on or in
food or feed, a permit for shipment or delivery will be issued only when:
a. The food or feed product will only be used
as food or feed for laboratory or experimental animals, or
b. Convincing evidence is submitted by the
applicant that the proposed use will not produce an amount of residue which
would be hazardous to humans or animals.
3. All applications for permits covering
shipments for experimental use shall include:
a. Name and address of the shipper and places
from which the shipment will be made.
b. Proposed date of shipment or proposed
shipping period, not to exceed one year.
c. A statement of the composition of material
to be covered by the permit which should apply to a single material or group of
closely allied formulations of the material.
d. A statement of the approximate quantity to
be shipped.
e. A statement of the
nature of the proposed experimental program, including the type of pests or
organisms to be experimented with, the crops or animals for which the pesticide
is to be used, the areas where the program will be conducted, and the results
of previous tests, where necessary, to justify the quantity
requested.
f. The percentage of the
total quantity specified under subdivision 3 d of this subsection which will be
supplied without charge to the user.
g. A statement that the pesticide is intended
for experimental use only.
h.
Proposed labeling, which must bear:
(1) The
prominent statement "For experimental use only" on the container label and any
accompanying circular or other labeling,
(2) A warning or caution statement which may
be necessary and if complied with, adequate for the protection of those who may
handle or be exposed to the experimental substance,
(3) The name and address of the applicant for
the permit,
(4) The name or
designation of the substance, and
(5) If the pesticide is to be sold, a
statement of the names and percentages of the principal active ingredients in
the product.
If the shipper submits a copy of the valid experimental permit and accepted labeling issued under the provisions of the Federal Insecticide, Fungicide and Rodenticide Act, the commissioner may exempt the shipper from submitting the data and information specified in subdivisions 3 e through h of this subsection.
4. The commissioner may limit the quantity of
a pesticide covered by a permit if the available information on effectiveness,
toxicity, or other hazards is not sufficient to justify the scope of the
proposed experiment and he may impose other limitations in the permit for the
protection of the public.
C. Cancellation of permits. Any permit for
shipment for experimental use may be cancelled at any time for any violation of
its terms.
Notes
Statutory Authority
§ 3.2-3906 of the Code of Virginia.
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