Director’s Determinations on Data Cost-Sharing

Back to AB1011 - Requirements and Obligations Concerning Registration Data

Food and Agricultural Code (FAC) section 12811.5 requires an applicant for registration or amendment of a pesticide product to submit its own data to fulfill a current data requirement. If the applicant relies upon data that it does not own and the data meet certain specified criteria, the applicant must irrevocably offer to pay the data owner a share of the cost of producing the data and comply with the provisions of subsection (d). The statute provides that the data owner may seek to enforce the cost-sharing obligation of the applicant by bringing an action in any California court of competent jurisdiction or by seeking a determination by the Director that the applicant did not satisfy its obligation and request cancellation of the applicant’s product.



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