Code of Massachusetts Regulations
333 CMR - PESTICIDE BOARD
Title 333 CMR 7.00 - State Experimental Use Permits
Section 7.03 - Permit Requirement

Universal Citation: 333 MA Code of Regs 333.7

Current through Register 1531, September 27, 2024

(1) State experimental use permits are required to control potential hazards of pesticide experimentation under out-of-door, greenhouse, and domestic animal trial conditions. State Experimental use permits are not required for indoor experimentation, excepting greenhouse and animal test work as specified in 333 CMR 7.00.

(2) All pesticide applications made pursuant to a state experimental use permit must be applied by an applicator certified in Cat. 10 Demonstration and Research or by someone acting under the direct supervision of such a certified applicator.

(3) A state experimental use permit will be required for all experimentation, except as provided for under 333 CMR 7.03(4)(b), with any "new chemical" for which a Federal experimental use permit has been issued or for any new chemical otherwise exempted by Federal experimental use permit requirements under 40 CFR 172.3. A state experimental use permit will not be issued for any other use of a new chemical.

(4) State experimental use permits will further be required as follows:

(a) Outdoor Applications
1. Experminental use of "new chemicals" shall be in accordance with 333 CMR 7.03(3).

2. Experimentation involving "unregistered uses" and "new products".
a. Where plot size is less than 1/4 acre -

A state experimental use permit will not be required where an "unregistered use" or a "new product" is applied to less than 1/4 acre.

b. Where plot size is between 1/4 and ten acres -

A state experimental use permit is required only if the application rate of any active ingredient is higher than any application rate registered by EPA for any other use of the compound regardless of crop.

c. Where plot size is over ten acres -

A state experimental use permit is required for all experiments that involve the application of an "unregistered use" or a "new product" to more than ten acres.

d. Where the material is applied by Aircraft -

A state experimental use permit is required for all experiments that involve the application of an "unregistered use" or a "new product" by aircraft.

(b) Greenhouse Applications. A state experimental use permit will be required in two cases:
1. Experiments involving a "new chemical" applied to more than 100 sq. ft. of greenhouse bench space of plant material; and

2. Experiments involving an "unregistered use" or a "new product" applied at a rate greater than any EPA registered rate for the active or intert ingredients and applied to more than 100 sq. ft. of greenhouse bench space of plant material.

(c) Application to Animals. With regards to domestic animal experimentation, such as tests on cattle, sheep, poultry or other species of farm or domestic animals, a state experimental use permit is required when more than tenindividuals of a large species (cow, hog, sheep, horse, etc.) or 25 individuals of a small species (cat, dog, etc.) or 50 individuals of poultry are to be treated with either a "new product" or an "unregistered use" compound for which the rate is greater than any rate registered by EPA for that active ingredient's use on any other species of animal.

State experimental use permits are not required for laboratory testing of pesticide on rodents or other species when conducted at a research facility on animals purchased and maintained exclusively for such experimentation and not part of an agricultural operation.

(5) Uses of food, feed, or animal products treated with pesticides covered by state experimental use permits:

(a) Plants - All raw agriculture food or feed crops treated with pesticides that exceed or do not have EPA established tolerances for the crops in question must be destroyed at the end of the experiment by burning or plowing under. Portions of food or feed crops utilized further in experimental animal feeding studies are exempted.

(b) Animals - All domestic animals treated with pesticides that exceed or do not have EPA established tolerances for the species and part (milk, meat, etc.) in question and which may be used for food or feed must be destroyed at the end of the experiment. Specific arrangements shall be made in the state experimental use permit to monitor declining residue levels when the temporary or established residue tolerance is expected to be exceeded.

(6) Permittee obligations - it is the responsibility of the Permittee to assure that:

(a) All required state and/or federal experimental use permits are obtained.

(b) That applicators using experimental use permits are certified in Cat. 10 or are acting under the direct supervision of a certified applicator.

(c) That public access to experimental areas is appropriately limited by posting and/or fencing.

(d) That food or feed items unfit for consumption due to illegal pesticide residues are destroyed.

Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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