Code of Massachusetts Regulations
333 CMR - PESTICIDE BOARD
Title 333 CMR 7.00 - State Experimental Use Permits
Section 7.04 - General Provisions

(1) The Subcommittee shall refuse to grant an experimental use permit if it believes that the pesticide applications to be made under the proposed terms and conditions may cause unreasonable adverse effects on the environment.

(2) The Subcommittee shall refuse to grant an experimental use permit if it believes that applicant or person to conduct the experimentation is not competent to conduct such experimentation without causing unreasonable adverse effects on the environment.

(3) The Subcommittee may issue a permit subject to such terms, conditions, restrictions and requirements as it deems necessary.

(4) When a pesticide is applied under an experimental use permit, public notice of such use shall be given by the posting of signs stating "Notice Pesticide Testing". Such signs shall be posted at the perimeter of the test area and at every principle entrance fronting on a public road.

Upon application, the Subcommittee may waive this posting requirement, if they determine it is unnecessary to protect the public interest. If a waiver is granted, this information shall be among that given to the Board under the notification provisions of 333 CMR 7.06(3).

(5) No person shall violate any provisions, term condition, restriction or requirement of any experimental use permit.

(6) The permittee shall supervise the test program and evaluate the results of testing at each site of application. The permittee shall report immediately to the Department any adverse effects from the use of or exposure to the pesticide.

(7) Pesticide products used under experimental use permits may not be sold or distributed other than through participants, and, if sold or distributed through participants, may be used only at an application site of a cooperator and in accordance with the terms and conditions of the experimental use permit.

(8) Establishments in which pesticide products under Massachusetts experimental use permits are produced shall be registered as required by 40 CFR 167.2(a) and producers of such shall maintain books and records are required by 40 CFR 169.2.

(9) Pesticide products and their containers used under 333 CMR 7.00 must be packaged, stored, transported, used and disposed of in accordance with all applicable Massachusetts or Federal Laws and regulations, including the Resource Conservation and Recovery Act of 1976 as amended ( Pub. L. 94-58 U; 9U Stat. 2795; 42 U.S.C. 6901 et seq.) (RCRA), and rules promulgated thereunder.