Section 6196 - Adoption of Federal AuthorityAs authorized by sections 13127 and 13146 of the Food and Agricultural Code, the director adopts the provisions of subparagraph (B) of paragraph (2) of subdivision (c) of section 136 a of Title 7 of the United States Code, as applicable to compensation for data developed pursuant to Food and Agricultural Code sections 13127, 13143 and 13146 and for suspension of registrations pursuant to Food and Agricultural Code Sections 13127, 13127.2, 13127.6, 13127.91, 13127.92 and 13146. References therein to the authority of the Administrator of the United States Environmental Protection Agency (USEPA), acting pursuant to the provisions of the Federal Insecticide, Fungicide and Rodenticide Act, shall be deemed to reefer to the director, acting under the provisions of the Food and Agricultural Code and regulations in Title 3 of the California Code of Regulations. The following provisions shall apply to the adoption of the federal authority:
(a) The director's authority under other provisions of law is not affected.(b) Compensation procedures under federal law are exclusive at any time such federal procedures can be initiated before an arbitration award under this section becomes final. A later award under federal law for submission of the same data, or substantially the same data, shall supersede an award under this section.(c) Arbitration proceedings under this section shall be conducted by arbitrators of the American Arbitration Association using federal procedures to the extent practicable.(d) Arbitration awards under this section shall be subject to review in courts of competent jurisdiction to the same extent as judgments of California superior courts.(e) No compensation proceedings are authorized of resubmission of public literature studies.(f) Compensation for the use of data submitted to the director is applicable only for studies initiated after January 1, 1985 to fill the data requirements of Food and Agricultural Code section 13127 and studies initiated after January 1, 1986 to fill the information requirements of Food and Agricultural Code sections 13143 and 13146. When submitted to the director, use of these data is subject to protection only to the same extent and for the same time periods as such use would be subject to protection by the USEPA Administrator, had the data been submitted to USEPA pursuant to 7 U.S.C. 136a(c)(2)(B)(v).(g) The director may include in each Notice of Intent to Suspend such provisions as the director deems appropriate concerning the continued sale of existing stocks of the products included in the Notice.(h) The only matters for resolution at the hearing, called pursuant to the Notice of Intent to Suspend, shall be whether the registrant has failed to take the action that served as the basis for the Notice of Intent to Suspend, including, but not limited to, failing to take appropriate steps to submit the data required, to participate in a procedure for reaching agreement concerning a joint data development arrangement, to participate in an arbitration proceeding as required, to comply with the terms of an agreement or arbitration decision concerning a joint data development arrangement, and/or whether the director's determination with respect to the disposition of existing stocks is appropriate.(i) If a hearing is held, the decision after completion of such hearing shall be final.Cal. Code Regs. Tit. 3, § 6196
1. New section filed 6-1-87; operative 6-1-87 pursuant to Government Code section 11346.2(d) (Register 87, No. 24).
2. Editorial correction of printing error in introductory paragraph (Register 91, No. 33).
3. Amendment of introductory paragraph, redesignation of numbered subsections to letters, new subsections (g)-(i), and amendment of NOTE filed 10-29-92; operative 10-29-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 44).
4. Change without regulatory effect amending subsection (b) filed 8-6-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 32). Note: Authority cited: Sections 12781, 13127 and 13146, Food and Agricultural Code. Reference: Sections 13127, 13127.2, 13127.6, 13127.91, 13127.92 and 13146, Food and Agricultural Code.
1. New section filed 6-1-87; operative 6-1-87 pursuant to Government Code section 11346.2(d) (Register 87, No. 24).
2. Editorial correction of printing error in introductory paragraph (Register 91, No. 33).
3. Amendment of introductory paragraph, redesignation of numbered subsections to letters, new subsections (g)-(i), and amendment of Note filed 10-29-92; operative 10-29-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 44).
4. Change without regulatory effect amending subsection (b) filed 8-6-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 32).1. New section filed 6-1-87; operative 6-1-87 pursuant to Government Code section 11346.2(d) (Register 87, No. 24).
2. Editorial correction of printing error in introductory paragraph (Register 91, No. 33).
3. Amendment of introductory paragraph, redesignation of numbered subsections to letters, new subsections (g)-(i), and amendment of Note filed 10-29-92; operative 10-29-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 44).
4. Change without regulatory effect amending subsection (b) filed 8-6-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 32).