Any person who desires to use an unregistered pesticide or who desires to use a registered pesticide for an unregistered use shall first obtain an experimental use permit from the Secretary. Permits may be issued for three (3) kinds of experimental uses:
- A state-issued permit as authorized under Section 5(f) of the FIFRA (as amended) to accumulate information or data necessary to register a pesticide use for special local needs.
- A state-issued permit to conduct laboratory or greenhouse tests or limited replicated field trials to confirm such tests or other tests in which the purpose is to determine the value of the substance for pesticide purposes or to determine its toxicity or other properties to the extent permitted under EPA regulations.
- A state-issued authorization to conduct an experimental use in Vermont for all or some of the uses provided in the label under the experimental use permit issued by EPA pursuant to Section 5(a-e) of FIFRA as amended.
A state experimental use permit may, subject to the terms and conditions of the state's certification from the Administrator of EPA, be issued when the Commissioner determines that the conditions under which the use of the experimental pesticide will be conducted are satisfactory. The permit shall be for a specified period commensurate with the experimental program submitted, but in any case not to exceed one year. Permits may be renewed or extended upon request if circumstances warrant. 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 Secretary any adverse effects from the use of or exposure to the pesticide.
A report shall be submitted to the Commissioner at the conclusion of the experimental pesticide treatment or at the expiration date of the experimental use permit. The report shall include the data gathered during the testing program, the dates of application, any adverse effects to the environment and recommended directions for use which might be submitted for future registration.
The application of a pesticide under a state experimental use permit shall be under the supervision of a certified applicator as required by labeling and any additional restrictions imposed by the Commissioner in the permit.
When a pesticide is applied to a food or feed crop under an experimental use permit where a tolerance has not been established for that particular crop and use pattern, then:
- the crop must be destroyed after harvest; or
- the crop may be used for further testing, provided that the crop may not be consumed by humans. If the crop is consumed by test animals, the animals or animal products may not be used for human or animal consumption.