97 



(3) Time for acting with respect to application. 



The Administrator shall review the' data after 

 receipt of the application and shall, as expedi- 

 tiously as possible, either register the pesticide in 

 accordance with paragraph f5), or notify the ap- 

 plicant of his determination that it does not com- 

 ply with the provisions of the subchapter in 

 accordance with paragraph (6). 



(4) Notice of application. 



The Administrator shall publish in the Federal 

 Register, promptly after receipt of the r tatement 

 and other data required pursuant to paragraphs 

 <1) and (2) , a notice of each application for regis- 

 tration of any pesticide if it contains any new 

 active ingredient or if it would entail a changed 

 use pattern. The notice shall provide for a period 

 of 30 days in which any Federal agency or any 

 other interested person may comment. 



(5) Approval of registration. 



The Administrator shall register a pesticide if 

 he determines that, when considered with any 

 restrictions imposed under subsection (d) of this 

 section— 



(A) its composition is such as to warrant the 

 proposed claims for it: 



(B) its labeling and other material required 

 to be submitted comply with the requirements 

 of this subchapter: 



(C) it will perform its intended function with- 

 out unreasonable adverse effects on the environ- 

 ment: and 



(D) when used in accordance with widespread 

 and commonly recognized practice it will not 

 generally cause unreasonable adverse effects on 

 the environment. 



The Administrator shall not make any lack of 

 essentiality a criterion for denying registration of 

 any pesticide. Where two pesticides meet the re- 

 quirements of this paragraph, one should not be 

 registered in preference to the other. 



(6) Denial of registration. 



If the Administrator determines that the re- 

 quirements of paragraph (5) for registration are 

 not satisfied, he shall notify the applicant for 

 registration of his determination and of his rea- 

 sons (including the factual basis) therefor, and 

 that, unless the applicant corrects the conditions 

 and notifies the Administrator thereof during the 

 30-day period beginning with the day after the 

 date on which the applicant receives the notice, 

 the Administrator may refuse to register the pes- 

 ticide. Whenever the Administrator refuses to 

 register a pesticide, he shall notify the applicant 

 of his decision and of his reasons (including the 

 factual basis* therefor. The Administrator shall 

 promptly publish in the Federal Register notice of 

 such denial of registration and the reasons there- 

 for. Upon such notification, the applicant for regis- 

 tration or other Interested person with the con- 

 currence of the applicant shall have the same 

 remedies as provided for in section 136d of this 

 title. 



(d) Classification of pesticides. 



(1) Classification for general use, restricted use, or 

 both. 



<Ai As a part of the registration of a pesticide 

 the Administrator shall classify it as being for 

 general use or for restricted use, provided that 

 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 re- 

 stricted use, he shall classify it for both general 

 use and restricted use. 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 distin^shed from those 

 directions relating to its restricted uses: Pro- 

 vided, however. That the Administrator may re- 

 quire that its packaging and labeling for re- 

 stricted uses shall be clearly distinguishable 

 from its packaging and labeling for general uses. 

 iB> 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, he 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 prac- 

 tice, may generally cause, without additional 

 regulatory restrictions, unreasonable adverse 

 effects on the environment, including injury to 

 the applicator, he shall classify the pesticide, or 

 the particular use or uses to which the deter- 

 mination applies, for restricted use: 



(i) If the Administrator classifies a pes- 

 ticide, 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 ap- 

 plicator 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 pes- 

 ticide, or one or more uses of such pesticide, 

 for restricted use because of a determination 

 that its use without additional regulatory re- 

 striction may cause unreasonable adverse 

 effects on the environment, the pesticide shall 

 be applied for any use to which the deter- 

 mination applies only by or under the direct 

 supervision of a certified applicator, or sub- 

 ject to such other restrictions as the Admin- 

 istrator may provide by regulation. Any such 

 regulation shall be reviewable in the appro- 

 priate court of appeals upon petition of a per- 



