California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 2 - Pesticides › Subchapter 1 - Pesticide Registration › Article 3 - Supplemental Data Requirements › Section 6196 - Adoption of Federal Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As authorized by sections
						13127 and
						13146 of the Food and Agricultural
						Code, the director adopts the provisions of subparagraph (B) of paragraph (2)
						of subdivision (c) of section
						136 a of Title 7 of the United
						States Code, as applicable to compensation for data developed pursuant to Food
						and Agricultural Code sections
						13127,
						13143 and
						13146 and for suspension of
						registrations pursuant to Food and Agricultural Code Sections
						13127,
						13127.2,
						13127.6,
						13127.91,
						13127.92 and
						13146. References therein to the
						authority of the Administrator of the United States Environmental Protection
						Agency (USEPA), acting pursuant to the provisions of the Federal Insecticide,
						Fungicide and Rodenticide Act, shall be deemed to reefer to the director,
						acting under the provisions of the Food and Agricultural Code and regulations
						in Title 3 of the California Code of Regulations. The following provisions
						shall apply to the adoption of the federal authority:
(a) The director's authority under other
					 provisions of law is not affected.
(b) Compensation procedures under federal law
					 are exclusive at any time such federal procedures can be initiated before an
					 arbitration award under this section becomes final. A later award under federal
					 law for submission of the same data, or substantially the same data, shall
					 supersede an award under this section.
(c) Arbitration proceedings under this
					 section shall be conducted by arbitrators of the American Arbitration
					 Association using federal procedures to the extent practicable.
(d) Arbitration awards under this section
					 shall be subject to review in courts of competent jurisdiction to the same
					 extent as judgments of California superior courts.
(e) No compensation proceedings are
					 authorized of resubmission of public literature studies.
(f) Compensation for the use of data
					 submitted to the director is applicable only for studies initiated after
					 January 1, 1985 to fill the data requirements of Food and Agricultural Code
					 section 13127 and studies initiated after
					 January 1, 1986 to fill the information requirements of Food and Agricultural
					 Code sections
					 13143 and
					 13146. When submitted to the
					 director, use of these data is subject to protection only to the same extent
					 and for the same time periods as such use would be subject to protection by the
					 USEPA Administrator, had the data been submitted to USEPA pursuant to
					 7 U.S.C.
					 136a(c)(2)(B)(v).
(g) The director may include in each Notice
					 of Intent to Suspend such provisions as the director deems appropriate
					 concerning the continued sale of existing stocks of the products included in
					 the Notice.
(h) The only matters
					 for resolution at the hearing, called pursuant to the Notice of Intent to
					 Suspend, shall be whether the registrant has failed to take the action that
					 served as the basis for the Notice of Intent to Suspend, including, but not
					 limited to, failing to take appropriate steps to submit the data required, to
					 participate in a procedure for reaching agreement concerning a joint data
					 development arrangement, to participate in an arbitration proceeding as
					 required, to comply with the terms of an agreement or arbitration decision
					 concerning a joint data development arrangement, and/or whether the director's
					 determination with respect to the disposition of existing stocks is
					 appropriate.
(i) If a hearing is
					 held, the decision after completion of such hearing shall be final.
1. New
						section filed 6-1-87; operative 6-1-87 pursuant to Government Code section
						11346.2(d)
						(Register 87, No. 24).
2. Editorial correction of printing error in
						introductory paragraph (Register 91, No. 33).
3. Amendment of
						introductory paragraph, redesignation of numbered subsections to letters, new
						subsections (g)-(i), and amendment of NOTE filed 10-29-92; operative 10-29-92
						pursuant to Government Code section
						11346.2(d)
						(Register 92, No. 44).
4. Change without regulatory effect amending
						subsection (b) filed 8-6-2014 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2014, No. 32).
Note: Authority cited: Sections
						  12781,
						  13127
						  and
						  13146,
						  Food and Agricultural Code. Reference: Sections
						  13127,
						  13127.2,
						  13127.6,
						  13127.91,
						  13127.92
						  and
						  13146,
						  Food and Agricultural Code.