N.Y. Environmental Conservation Law § 33-0723: Experimental use permits

§ 33-0723. Experimental use permits.

1. The commissioner is hereby authorized to apply to the United States

environmental protection agency for certification pursuant to section

five of the Federal Insecticide, Fungicide and Rodenticide Act of 1972,

as amended, to issue experimental use permits, and to establish by

regulation any requirements as are necessary to qualify for such

certification.

2. After certification by the administrator of the United States

environmental protection agency to issue experimental use permits, the

commissioner is hereby authorized to issue such permits as shall be

required for the shipment, delivery, or use of a pesticide product which

is to be tested to determine the scope of limitations of its usefulness

and the effect of its use on human life and the environment. Such

permits may be issued for products for use only in experimental programs

under the supervision of qualified persons and broad scale testing under

normal conditions of use. The commissioner may require such information

and data concerning the product and the proposed testing program as is

deemed necessary to make determinations on the merits of the pesticides

being tested.

3. The commissioner is authorized to exempt from the requirement for

experimental use permits substances or mixtures of substances in early

research stages such as those being put through laboratory or greenhouse

tests or limited scale field trials or other tests for the purpose of

determining pesticide value and from which the user does not expect to

receive any benefit in pest control.