SEC.
5. [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 3 of this Act. 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, he 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 3.
(e)
REVOCATION.-The Administrator
may revoke any experimental use permit, at any time, if he 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 he may by regulations prescribe,
authorize any State to issue an experimental use permit for a
pesticide. All provisions of section 11 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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