EPA ICR No. 0155.09                                       OMB Control
No. 2070-0029

ATTACHMENT A

Section 3(d) of the Federal Insecticide, Fungicide, and Rodenticide Act

Section 3(d) of the Federal Insecticide, Fungicide, and Rodenticide Act

(d) CLASSIFICATION OF PESTICIDES.— 

       (1) CLASSIFICATION FOR GENERAL USE, RESTRICTED USE, OR

BOTH.— 

     (A) As a part of the registration of a pesticide the Administrator
shall classify it as being for general use or for restricted use. If the
Administrator determines that some of the uses for which the pesticide
is registered should be for general use and that other uses for which it
is registered should be for restricted use, the Administrator shall
classify it for both general use and restricted use. Pesticide uses may
be classified by regulation on the initial classification and registered
pesticides may be classified prior to reregistration. If some of the
uses of the pesticide are classified for general use and other uses are
classified for restricted use, the directions relating to its general
uses shall be clearly separated and distinguished from those directions
relating to its restricted uses. The Administrator may require that its
packaging and labeling for restricted uses shall be clearly
distinguishable from its packaging and labeling for general uses.

(B) If the Administrator determines that the pesticide, when applied in
accordance with its directions for use, warnings and cautions and for
the uses for which it is registered, or for one or more of such uses, or
in accordance with a widespread and commonly recognized practice, will
not generally cause unreasonable adverse effects on the environment, the
Administrator will classify the pesticide, or the particular use or uses
of the pesticide to which the determination applies, for general use.

(C) If the Administrator determines that the pesticide, when applied in
accordance with

its directions for use, warnings and cautions and for the uses for which
it is registered, or for one or more of such uses, or in accordance with
a widespread and commonly recognized practice, may generally cause,
without additional regulatory restrictions, unreasonable adverse effects
on the environment, including injury to the applicator, the
Administrator shall classify the pesticide, or the particular use or
uses to which the determination applies, for restricted use:

(i) If the Administrator classifies a pesticide, or one or more uses of
such pesticide, for restricted use because of a determination that the
acute dermal or inhalation toxicity of the pesticide presents a hazard
to the applicator or other persons, the pesticide shall be applied for
any use to which the restricted classification applies only by or under
the direct supervision of a certified applicator.

(ii) If the Administrator classifies a pesticide, or one or more uses of
such pesticide, for restricted use because of a determination that its
use without additional regulatory restriction may cause unreasonable
adverse effects on the environment, the pesticide shall be applied for
any use to which the determination applies only by or under the direct
supervision of a certified applicator, or subject to such other
restrictions as the Administrator may provide by regulation. Any such
regulation shall be reviewable in the appropriate court of appeals upon
petition of a person adversely affected filed within 60 days of the
publication of the regulation in final form.

(2) CHANGE IN CLASSIFICATION.—If the Administrator determines that a
change in the classification of any use of a pesticide from general use
to restricted use is necessary to prevent unreasonable adverse effects
on the environment, the Administrator shall notify the registrant of
such pesticide of such determination at least forty-five days before
making the change and shall publish the proposed change in the Federal
Register. The registrant, or other interested person with the
concurrence of the registrant, may seek relief from such determination
under section 6(b).

(3) CHANGE IN CLASSIFICATION FROM RESTRICTED USE TO GENERAL USE.— The
registrant of any pesticide with one or more uses classified for
restricted use may petition the Administrator to change any such
classification from restricted to general use. Such petition shall set
out the basis for the registrant’s position that restricted use
classification is unnecessary

because classification of the pesticide for general use would not cause
unreasonable adverse effects on the environment. The Administrator,
within sixty days after receiving such petition, shall notify the
registrant whether the petition has been granted or denied. Any denial
shall contain an explanation therefor and any such denial shall be
subject to judicial review under section 16 of this Act.

