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Electronic Code of Federal Regulations

e-CFR Data is current as of April 21, 2014

Title 40: Protection of Environment

Subpart E—Product Performance

§158.400   Product performance data requirements table.

§158.400   Product performance data requirements table.

(a) General. Sections 158.100 through 158.130 describe how to use this table to determine the product performance data requirements for a particular pesticide product. Notes that apply to an individual test, including specific conditions, qualifications, or exceptions to the designated test are listed in paragraph (e) of this section.

(b) Use patterns. The terrestrial use pattern includes products classified under the general use patterns of terrestrial food crop and terrestrial nonfood crop. The aquatic use pattern includes products classified under the general use patterns of aquatic food crop and aquatic nonfood. The greenhouse use pattern includes products classified under the general use patterns of greenhouse food crop and greenhouse nonfood crop. Data are also required for the general use patterns of forestry use, residential outdoor use, and indoor use, which includes both food and nonfood uses.

(c) Key. CR=Conditionally required; NR=Not required; R=Required; EP=End-use product; MP=Manufacturing-use product; TEP=Typical end-use product.

(d) Table. The following table lists the data requirements that pertain to product performance. The table notes are shown in paragraph (e) of this section.

Table—Product Performance Data Requirements

Guideline Number Data Requirement Use Pattern Test substance to support Test Note No.
Terrestrial Aquatic Greenhouse Forestry Residential Outdoor Indoor MP EP
Food Crop Nonfood Crop Food Nonfood Food Crop Nonfood Crop
810.2700Products with prion-related claimsNRNRNRNRNRNRNRNRRNREP1
Efficacy of fungicides and nematicides
93-16Products for control of organisms producing mycotoxinsCRNRCRNRCRNRNRNRNRNREP1
Efficacy of vertebrate control agents
96-5Avian toxicantsRRNRNRNRNRNRRRNREP1
96-6Avian repellentsRRNRNRNRNRNRRNRNREP1
96-7Avian frightening agentsRRNRNRNRNRNRRNRNREP1
96-9Bat toxicants and repellentsNRNRNRNRNRNRNRNRRNREP1
96-10Commensal rodenticidesRRNRNRNRNRNRRRTEPEP1
96-12Rodenticides on farm and rangelandsRRNRNRNRNRNRRNRNREP1
95-13Rodent fumigantsRRNRNRNRNRNRRRNREP1
95-16Rodent reproductive inhibitorsRRNRNRNRNRNRRRNREP1
95-17Mammalian predacidesRRNRNRNRNRNRRNRNREP1

(e) Test notes. The following notes appy to the data requirements table in paragraph (d) of this section.

1. The Agency has waived the requirement to submit product performance data unless the pesticide product bears a claim to control pest microorganisms that pose a threat to human health and whose presence cannot readily be observed by the user including, but not limited to, microorganisms infectious to man in any area of the inanimate environment, or a claim to control vertebrates (such as rodents, birds, bats, canids, and skunks) that may directly or indirectly transmit diseases to humans. However each registrant must ensure through testing that his product is efficacious when used in accordance with label directions and commonly accepted pest control practices. The Agency reserves the right to require, on a case-by-case basis, submission of product performance data for any pesticide product registered or proposed for registration.

2. [Reserved]

[72 FR 60957, Oct. 26, 2007, as amended at 78 FR 13507, Feb. 28, 2013; 78 FR 26978, May 8, 2013]

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