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Bacillus thuringiensis Cry3Bb protein (Vector ZMIR13L) - EUP Amendment or Extension 5/02


New York State Department of Environmental Conservation
Division of Solid & Hazardous Materials
Bureau of Pesticides Management
Pesticide Product Registration Section
625 Broadway, Albany, New York 12233-7257
Phone: 518-402-8768     FAX: 518-402-9024
Website: http://www.dec.state.ny.us/website/dshm/pesticid/pesticid.htm
E-Mail: ppr@gw.dec.state.ny.us

May 14, 2002

CERTIFIED MAIL
RETURN RECEIPT REQUESTED


Ms. Tann R. Schafer
State Regulatory Affairs Manager
Plant Biotech Products
Monsanto Company
800 North Lindbergh Boulevard
St. Louis, Missouri 63167

Dear Ms. Schafer:

Re: Event MON 863: Corn Rootworm-Protected Corn Seed
EPA Experimental Use Permit No. 524-EUP-93


    The subject Experimental Use Permit (EUP) is hereby amended/extended for Bacillus thuringiensis Cry3Bb protein and the genetic material necessary for its production (Vector ZMIR13L) in corn. Enclosed for your files are the Certificate of Pesticide Registration and New York State stamped "Accepted" labeling.

    Shipment and/or use of Event MON 863: Corn Rootworm-Protected Corn Seed in the state of New York is subject to the following conditions:
  1. The experimental program is limited to 31.5 acres specified as release sites in Monsanto Company correspondence, dated April 23, 2002.

  2. The approved cooperator list is the list submitted to this Department as a confidential business information enclosure accompanying your correspondence, dated April 23, 2002. You must notify this office at least seven days prior to planting if there are any changes/additions to the list of cooperators.

  3. Monsanto Company or the cooperator must notify the appropriate Regional Office of the Department at least 48 hours prior to planting. Enclosed is a list of Regional Office contacts and phone numbers.

  4. All plantings of Cry3Bb corn must be for the experimental purposes outlined in the October 25, 2001 Section G protocol.

  5. Swine growth and feed efficiency, dairy cattle feed efficiency, beef cattle growth and feed efficiency, and cattle grazing feed efficiency trials are not considered part of the approved experimental program. However, conduct of these livestock feeding studies will not violate the amended EUP since the tolerance exemption listed under 40 CFR §180.1214 covers this plant-incorporated protectant.

  6. Grain, silage, and/or forage produced under this EUP may be released into commerce or used on site as food or feed only if any chemical pesticide used on or around the corn grown, such as a seed treatment, is a registered pesticide product whose label is followed during the EUP and whose label permits use on food and feed corn.

  7. The federal and State EUPs expire February 28, 2003.
    If you have any questions regarding this permit, contact Michael Radzevich, of my staff, at (518) 402-8768.


Sincerely,
Samuel J. Jackling
Chief
Pesticide Product Registration Section

Enclosures
cc: w/enc. - G. Good/W. Smith, Cornell PMEP
R. Rima, Reg. 7
D. Rollins, Reg. 8