§ 33-0723. Experimental use permits.\n 1. The commissioner is hereby authorized to apply to the United States\nenvironmental protection agency for certification pursuant to section\nfive of the Federal Insecticide, Fungicide and Rodenticide Act of 1972,\nas amended, to issue experimental use permits, and to establish by\nregulation any requirements as are necessary to qualify for such\ncertification.\n 2. After certification by the administrator of the United States\nenvironmental protection agency to issue experimental use permits, the\ncommissioner is hereby authorized to issue such permits as shall be\nrequired for the shipment, delivery, or use of a pesticide product which\nis to be tested to determine the scope of limitations of its usefulness\nand the effect of its use on human life and the environment. Such\npermits may be issued for products for use only in experimental programs\nunder the supervision of qualified persons and broad scale testing under\nnormal conditions of use. The commissioner may require such information\nand data concerning the product and the proposed testing program as is\ndeemed necessary to make determinations on the merits of the pesticides\nbeing tested.\n 3. The commissioner is authorized to exempt from the requirement for\nexperimental use permits substances or mixtures of substances in early\nresearch stages such as those being put through laboratory or greenhouse\ntests or limited scale field trials or other tests for the purpose of\ndetermining pesticide value and from which the user does not expect to\nreceive any benefit in pest control.\n
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