Pest Control Products Regulations
39 (1) A person or an organization may apply to the Minister to determine whether a foreign product that meets the requirements of paragraphs 43(a) to (d) is equivalent to a registered pest control product that does not have the product class designation “RESTRICTED”.
(2) The application must include information that indicates that the requirements of paragraphs 43(a) to (d) are met, a copy of the proposed own-use import label that shows the information referred to in section 40, and the following information in respect of both the foreign product and the registered pest control product:
(a) all of the following information:
(i) the composition of the product and of the active ingredient that is used to manufacture it which, in the case of the registered pest control product and its active ingredient, must be the composition specified by the Minister in the conditions of registration under paragraph 8(1)(a) of the Act,
(ii) the name, manufacturer and manufacturing process of the active ingredient that is used to manufacture each of the products, and
(iii) the guarantee statement described in paragraph 26(1)(h); or
(b) a detailed and comprehensive analysis, with an accompanying explanation of methodology that, on its own merits, permits validation of procedures, results and conclusions, to determine the composition of the foreign product and of the registered pest control product, including the identity and concentration of the active ingredient, formulants and contaminants of the two products.
Marginal note:Written consent equivalent
(3) Instead of providing the information required by subsection (2) with respect to the registered pest control product, the applicant may provide the written consent of the registrant of that product for the Minister to use or rely on any information that the registrant had previously provided to the Minister.
Marginal note:Information in Register
(4) The Minister must place all of the following information in the Register with respect to an application to determine equivalence made under subsection (1):
(a) the name of the applicant;
(b) the date of the application;
(c) the product name and registration number of the registered pest control product and the product name and product identifier of the foreign product; and
(d) the country of registration of the foreign product.
Marginal note:Issuance of equivalency certificate
(5) If the Minister determines that a foreign product is equivalent to a registered pest control product, the Minister must issue an equivalency certificate.
Marginal note:Equivalency certificate
(6) An equivalency certificate
(a) applies only to the foreign products for which the Minister has determined equivalency under subsection (5);
(b) expires on the date specified in the certificate, which must be no later than one year after it is issued;
(c) is no longer valid if the composition of either the foreign product or the registered pest control product changes; and
(d) is no longer valid if any of the circumstances described in paragraphs 43(b) to (d) occurs.
(7) On the expiry of an equivalency certificate in accordance with paragraph (6)(b), the Minister may renew it, on application, if he or she is satisfied of both of the following:
(a) that the circumstances described in paragraphs 43(b) to (d) continue to be true; and
(b) that the composition of neither the registered pest control product nor the foreign product has changed.
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