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

ATTACHMENT A Section 3(d) of the Federal Insecticide, Fungicide, and Rodenticide ActSection 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 pes ticide 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 Ad ministrator shall classify it for both general use and restricted use. Pesticide uses may be clas sified 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 gene ral use and other uses are classi fied for restricted use, the directions relating to its genera l uses shall be clearly separate d and distinguished from those directions relating to its restri cted 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 a nd for the uses for which it is registered, or for one or more of such uses, or in accordan ce with a widespread and commonly recognized practice, will not generally cause unreasona ble adverse effects on the environment, the Administrator will classify the pesticide, or th e 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 a nd for the uses for which it is registered, or for one or more of such uses, or in accordan ce with a widespread and commonly recognized practice, may generally cause, without addi tional regulatory restri ctions, unreasonable

adverse effects on the environmen t, including injury to the app licator, 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 appli cator or other persons, the pesticide shall be applied for any use to which the restricted classification applie s only by or under the direct supervision of a certified applicator. (ii) If the Administrator classifies a pesticid e, 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 e ffects on the environment, the pesticide shall be applied for any use to which the determ ination applies only by or under the direct supervision of a certified app licator, or subject to such other restrictions as the Administrator may provide by regulation. Any su ch regulation shall be reviewable in the appropriate court of appeals upon petition of a person adversel y affected filed within 60 days of the publication of th e regulation in final form.(2) CHANGE IN CLASSIFICATION.—If th e 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 e ffects 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 th e 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 FR OM 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 basi s for the registrant’s pos ition that restricted use classification is unnecessary because classification of the pesticide fo r general use would not cause unreasonable

adverse effects on the environment. The Admini strator, within sixt y days after receiving such petition, shall notify the registrant whet her the petition has been granted or denied. Any denial shall contain an explanation theref or and any such denial shall be subject to judicial review under section 16 of this Act.