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EPA Experimental Use Permit

Experimental Use Permit Application Requirements

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Overview

Information Required for the EPA Experimental Use Permit Application

Information Required for the EPA Confidential Statement of Formula

Required Forms

Additional Resources

Questions about EPA Experimental Use Permits?

Overview

To perform field trials on a new algaecide product or a new use for an approved product, you must obtain an Experimental Use Permit (EUP) from the EPA and the respective state(s) where field trials will be conducted. Aquatic area allowance varies by state.

For aquatic uses, there is normally an exemption for testing in water bodies one surface acre or less in size per pest tested. However, only products with a tolerance or exemption from tolerance may be tested in waters used for irrigation, drinking water supplies, or swimming, or waters that contain or affect any fish, shellfish, or other plants or animals that may be taken for food or feed, including marine waters. See 40 CFR 172.3.

Three forms must be submitted to obtain an EPA EUP: EPA Form 8570-17 (Application for an Experimental Use Permit), EPA Form 8570-4 (Confidential Statement of Formula), and EPA Form 8570-35 (Data Matrix). If you are testing a new application of an approved product, a Confidential Statement of Formula is not required.

Forms can be submitted online through the EPA's Central Data Exchange (CDX) Online Submission System. User guides are available for submitting an EUP Application through the CDX Pesticide Submissions Portal (PSP) and an electronic Confidential Statement of Formula.

An EUP must also be approved by the state in which the experimental use is to take place. To determine the policy of an individual state, use the external link to the National Pesticide Information Center or the internal link to the US Regulatory Map.

Information Required for the EPA Experimental Use Permit Application

  • Purpose or objectives of the proposed testing
  • Detailed description of the proposed testing program, including the following test parameters:
    • Pest organism(s) involved
    • Amount of pesticide proposed to be used
    • Crops, fauna, and flora involved
    • Sites and modes of pesticide applications
    • Pesticide dosage rates
    • Location of test site, including states
    • Number of acres in test site
    • Number of structural sites or number of animals by state to be included in the testing
    • Proposed dates of the testing
    • How the testing will be supervised
    • Name, street address, telephone number and qualifications of program participants, including those not employed by the applicant
    • Names and street addresses of cooperators, meaning persons owning or controlling application sites and granting permission to permittees to use these sites, if available at the time of the application or as soon thereafter as available
    • Results of prior testing of the product by the applicant to determine1
      1. Toxicity and effects in or on target organisms
      2. Toxicity and effects in or on nontarget plants, animals, and insects at or near the application site
      3. Harm to the environment from the application of this product
    • How the applicant intends to store and dispose of unused pesticides and containers from the proposed experimental use.
  • Toxicity data may already be available for some ingredients. Applicants should use the Pesticide Data Submitters List to determine if existing data is available, negating the need for additional testing.
  • Statement explaining whether a tolerance exists or is being requested, especially if the product is to be tested in a manner that may result in residues in food or feed, for example fish moving in and out of the test site. If a tolerance is being requested, the temporary tolerance petition must be provided with the EUP application. Whenever all food or feed derived from the experimental program is to be destroyed or fed to experimental animals, a statement must be included explaining this.
  • Labeling Requirements
    • A proposed label must be included in the EUP application
    • Prominently states “For Experimental Use Only”
    • Experimental Use Permit Number
    • Statement “Not for sale to any person other than a participant or cooperator of the EPA-approved Experimental Use Program”
    • The name, brand, or trademark
    • The name and address of the permittee, producer, or registrant
    • Net contents
    • An ingredient statement
    • Warning or caution statements
    • Any limitations on entry of persons into treated areas
    • Establishment registration number, except in those cases where application of the pesticide is made solely by the producer
    • The directions for trial use.

1 Note that toxicity test results and environmental fate, meaning harm to the environment, must be obtained using Good Laboratory Practices.

Information Required for the EPA Confidential Statement of Formula

  • A complete confidential statement of formula of the product to be tested that provides a tabulation of the names and percentage by weight of each ingredient, both active and inert.
  • Chemical and physical properties of each active ingredient of the formulation being tested, including the analytical methods to be used to determine these (40 CFR 158.210, 158.220, 40 CFR 158.310, 40 CFR 158.2081, 40 CFR 158.2171, and 40 CFR 161.150-161.190); EPA CFR Part 158: Data Requirements for Pesticides,EPA CFR Part 160: Good Laboratory Practice Standards.
  • Available data on the rate of decline of residues on the treated crop or site, together with other information relevant to determining when workers can safely re-enter treated areas (40 CFR 158.250, 40 CFR 158.270, 40 CFR 2082, 40 CFR 158.2172, 40 CFR 161.240 and 40 CFR 161.390).
  • Available toxicity and exposure data, including human epidemiological data, relevant to assessing the potential of the product to cause injury to users and other people who may be exposed (40 CFR 158.230, 40 CFR 158.240, 40 CFR 158.243, 40 158.260, 40 CFR 158.2083, 40 CFR 158.2084, 40 CFR 158.2173, 40 CFR 158.2174 and 40 CFR 161.340).
  • If submitted in a physical form, the submitted data (three copies) should be bound and formatted in accordance with the requirements of PRN 2011-3.

Required Forms

The following forms must be submitted as part of the Experimental Use Permit Application.

This information was collected from EPA Pesticide Registration Manual: Chapter 12 - Applying for an Experimental Use Permit, unless otherwise specified. For more details, please visit the website.

Additional Resources

Questions about EPA Experimental Use Permits?

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