Section 6312 - Noncompliance NotificationPursuant to Food and Agricultural Code section 12811.5(g), any notification to the Director of an applicant's failure to comply with its obligation under Food and Agricultural Code section 12811.5 (a-d) shall be in writing and shall include, organized by the subsection and subparagraph below to which it is responsive:
(a) Identification of the applicant and the product registration challenged, including: (1) Applicant name and address;(2) Brand name and U.S. Environmental Protection Agency Registration Number of the product;(3) Date of the Department's registration of the product; and(4) Identification of each current and/or past Department data requirement for which you claim the applicant failed to submit a study or otherwise satisfy, and for which the applicant failed to make your company an offer to pay.(b) With respect to the data for which the data owner claims the applicant failed to make an offer to pay: (1) Identification of the Department's exact data requirement to obtain, amend, or maintain the data owner's product that the data was submitted to satisfy;(2) Identification of each study (including DPR document number and study record number) submitted and the corresponding data requirement it satisfied; and(3) The date each study was submitted to the Department and, if applicable, to the U.S. Environmental Protection Agency (including the Master Record Identification Number -- MRID).(c) A statement setting forth the specific provisions of noncompliance claimed indicating how the data owner's data meet the criteria set forth in Food and Agricultural Code section 12811.5(a) or (b) that make it subject to cost-sharing, providing any documentation currently known to the data owner in support of that contention.(d) Proof that, prior to making the notification to the Director pursuant to Food and Agricultural Code section 12811.5(g), the data owner has informed the applicant of its claim, provided the applicant with the information required in (a), (b), and (c), and allowed the applicant an opportunity of at least ten days to promptly make an offer to pay for the data that serves as a basis of the data owner's claim. This proof shall include copies of all correspondence between the data owner and the applicant related to this issue.(e) Proof that at the same time the data owner filed its notification to the Director of the applicant's failure to meet its obligation under Food and Agricultural Code section 12811.5 (a-d), the data owner sent a copy of the notification and all accompanying data and information by certified mail to the applicant.(f) With respect to a claim that the applicant has failed to participate in a proceeding for reaching an agreement on compensation, failed to comply with an agreement related to compensation, or failed to pay an award resulting from a proceeding to determine compensation, proof of such failure including, but not limited to, all correspondence between the parties on the issue and a copy of the award resulting from a proceeding on compensation, if any.Cal. Code Regs. Tit. 3, § 6312
1. New section filed 12-19-2006; operative 12-19-2006 (Register 2006, No. 51). Note: Authority cited: Section 12811.5, Food and Agricultural Code. Reference: Section 12811.5, Food and Agricultural Code.
1. New section filed 12-19-2006; operative 12-19-2006 (Register 2006, No. 51).