2 Va. Admin. Code § 5-670-120 - Products for experimental use
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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