Code of Massachusetts Regulations
333 CMR - PESTICIDE BOARD
Title 333 CMR 7.00 - State Experimental Use Permits
Section 7.05 - Application Procedure for Experimental Use Permit

Universal Citation: 333 MA Code of Regs 333.7

Current through Register 1531, September 27, 2024

All applications for experimental use permits shall be submitted to the Subcommittee of the Pesticide Board according to the following procedures.

(1) Applicant Requirements. Any person may apply for an experimental use permit. An applicant may submit his own application or an applicant may appoint an agent to act on his behalf in permit matters, provided that a notarized letter of appointment signed by the applicant or by an authorized officer of the applicant is submitted. The agent's appointment may be revoked at any time by the same method.

(2) Application for

(a) An application for an experimental use permit or request for amendment to an existing permit shall be submitted on forms provided by the Subcommittee and shall contain or be accompanied by such information as the Subcommittee shall require. The application shall be accompanied by the permit fee and shall be filed in person or by mail at the offices of the Subcommittee of the Pesticide Board. All applications shall be submitted as far as possible in advance of the intended date of shipment or use.

(b) A separate permit application must be made for each pesticide product.

(c) The application shall be submitted as a complete package including all enclosures and attachments. The application shall include, but is not limited to:
1. Name and address of the applicant:

2. Type of product:

3.

(Reserved)

4. Registration number of the product, if registered:

5. Federal experimental permit number, if one has been issued by EPA:

6. Purpose or objectives of the proposed testing:

7. Designation of the pest organism involved:

8. Amount of pesticide product proposed for use:

9. Method of application:

10. Crops, fauna, flora, sites, modes, dosage rates and situation of application on or in which the pesticide is to be used;

11. Proposed dates or periods during which the testing program is to be conducted;

12. Manner in which supervision of the program will be accomplished;

13. Name, street address, telephone number, and qualifications of all participants in the program, whether or not in the employ of the applicant. A permit must be amended to add or change participants;

14. Name and street address, of all cooperators, if available at the time an application is submitted or as soon thereafter as available;

15. (Reserved)

16. The proposed method of storage and disposition of any unused experimental use pesticide and its containers:

17. The proposed method of disposal of a treated commercial crop that does not meet Environmental Protection Agency tolerances for that crop or for which no tolerance has been set.

18. Such other information as the Subcommittee may require.

(d) Any information required in 333 CMR 7.05(2)(c) may be submitted in the form of a copy of the Federal Environmental Protection Agency Experimental Use Permit and appropriate attachments.

(3) Completeness of Application. The applicant is responsible for the accuracy and completeness of all information submitted in connection with the application. When the Subcommittee determines that an application is not sufficiently complete to reach a determination, the Subcommittee shall notify the applicant of the deficiencies and allow the applicant a reasonable time to complete the application. If the applicant fails to satisfactorily complete the application within a reasonable time, it shall be denied.

(4) Permit Fee. The applicant shall pay a permit fee o f $ 2 5 . 0 0 for each experimental use permit. The fee shall be paid by check or money order payable to the Commonwealth of Massachusetts. The permit fee shall be waived for applications by governmental agencies.

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