161.35—Flexibility of the data requirements.

Several provisions of this part provide EPA flexibility in requiring (or not requiring) data and information for the purposes specified in § 161.20(b). These provisions are summarized in this section and discussed elsewhere in this part.
(a) The Agency encourages each applicant, particularly a person applying for registration for the first time, to consult with the Product Manager for his product to resolve questions relating to the protocols or the data requirements before undertaking extensive testing under § 161.40.
(b) Any applicant who believes that a data requirement is inapplicable to a specific pesticide product may request a waiver of a data requirement under § 161.45.
(c) The Agency may require an applicant to provide additional data or information beyond that specified in subparts C and D of this part when these data are not sufficient to permit EPA to evaluate the applicant's product under § 161.75.
(d) Several policies are in effect that govern the data requirements for registration of products having minor uses. These policies reduce substantially the data requirements that need to be met on the basis of limited exposures and economic equity, and allow case-by-case decision making to determine the specific needs for each kind of use under § 161.60.
(e) The data requirements and guidelines are not static documents. Section 3(c)(2) of FIFRA states that the administrator “shall revise such guidelines from time to time.” Therefore, the data requirements and guidelines will be revised periodically to reflect new scientific knowledge, new trends in pesticide development, and new Agency policies under § 161.80.

Code of Federal Regulations

[49 FR 42881, Oct. 24, 1984, as amended at 53 FR 15999, May 4, 1988]