Marginal note:Own-use import label
40. When the Minister issues an equivalency certificate, the Minister must also approve the proposed own-use import label if it shows the information that is relevant to the intended use and disposal of the foreign product in Canada that is shown on the approved label of the equivalent registered pest control product.
Authorization and Certificate
Marginal note:Authorization required
41. (1) A person who wishes to import for their own use and use a foreign product for which an equivalency certificate is in effect must apply to the Minister for authorization to do so.
Marginal note:Application and contents
(2) The application must include all of the following information:
(a) the applicant’s name, address and signature;
(b) a copy of the applicable equivalency certificate;
(c) a copy of the approved own-use import label;
(d) a description of the intended use of the foreign product, including the location where it will be used; and
(e) the quantity of the foreign product required for that intended use for one growing season.
Marginal note:Issuance of own-use import certificate
(3) If the proposed use meets the conditions described in section 43, the Minister must authorize the use by issuing an own-use import certificate that sets out the conditions specified under subsection 41(1) of the Act and that includes all of the following:
(a) the identity of the certificate holder;
(b) the amount of the foreign product that may be imported under the certificate; and
(c) the location where the foreign product is to be used by the certificate holder.
Marginal note:Own-use import certificate
(4) An own-use import certificate
(a) is valid for one growing season only;
(b) expires on the date specified in it, which must be no later than one year after it is issued; and
(c) is no longer valid if the relevant equivalency certificate is no longer valid.
Marginal note:Not transferable
(5) An own-use import certificate is not transferable.
Marginal note:No distribution
(6) The holder of an own-use import certificate may not distribute any of the foreign product that was imported under the certificate.
Marginal note:Disposal of unused product
42. The holder of an own-use import certificate must dispose of any unused foreign product in accordance with the disposal information set out on the approved own-use import label.
Marginal note:Conditions of authorization
43. The Minister must authorize a person to use an unregistered pest control product that is imported under an own-use import certificate if the product
(a) is a foreign product that is not an organism;
(b) is not under official re-evaluation or special review in the foreign country where it is registered;
(c) does not contain an active ingredient that is under re-evaluation or special review in Canada;
(d) does not contain a formulant that is on the List of Pest Control Product Formulants and Contaminants of Health or Environmental Concern and that has not been accepted for use in Canada;
(e) is the subject of a valid equivalency certificate;
(f) is intended for a use that is specified in the conditions of registration of the equivalent registered pest control product and will be imported in a quantity of not more than the amount that is required for that use for one growing season; and
(g) bears, in addition to any other label, an approved own-use import label.
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