Page:United States Statutes at Large Volume 86.djvu/1022

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PUBLIC LAW 92-516-OCT. 21, 1972


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[86 STAT.

claims are based, except that data submitted in support of an application shall not, without permission of the applicant, be considered by the Administrator in support of any other application for registration unless such other applicant shall have first offered to pay reasonable compensation for producing the test data to be relied upon and such data is not protected from disclosure by section 10(b). If the parties cannot agree on the amount and method of payment, the Administrator shall make such determination and may fix such other terms and conditions as may be reasonable under the circumstances. The Administrator's determination shall be made on the record after notice and opportunity for hearing. If the owner of the test data does not agree with said determination, he may, within thirty days, take an appeal to the federal district court for the district in which he resides with respect I to either the amount of the payment or the terms of payment, or both. I n no event shall the amount of payment determined by the court be less than that determined by the Administrator; " (E) the complete formula of the pesticide; and .; " (F) a request that the pesticide be classified for general use, for restricted use, or for both. "(2) DATA I N SUPPORT OF REGISTRATION.—The Administrator shall publish guidelines specifying the kinds of information which will be required to support the registration of a pesticide and shall revise such guidelines from time to time. If thereafter he requires any additional kind of information he shall permit sufficient time for applicants to obtain such additional information. Except as provided by subsection (c)(1)(D) of this section and section 10, within 30 days after the Administrator registers a pesticide under this Act he shall make available to the public the data called for in the registration statement together with such other scientific information as he deems relevant to his decision. "(3)

T I M E FOR ACTING WITH RESPECT TO APPLICATION.—The

Administrator shall review the data after receipt of the application and shall, as expeditiously as possible, either register the •' pesticide in accordance with paragraph (5), or notify the applicant of his determination that it does not comply with the provisions of the Act in accordance with paragraph (6). Publication in "(4) NoTiCE OF APPLICATION.—The Administrator shall pubFederai Register. Yislci iu the Federal Register, promptly after receipt of the statement and other data required pursuant to paragraphs (1) and (2), a notice of each application for registration of any pesticide B 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) — " (A) its composition is such as to warrant the proposed V£iB i claims for it; " (B) its labeling and other material required to be submitted comply with the requirements of this Act; ^ " (C) it will perform its intended function without unreasonable adverse effects on the environment: and

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