Test Marketing Exemption regulations

PMNs are only required for substances that are manufactured or imported for commercial purposes, which is defined in the regulations to mean to import, produce, or manufacture with the purpose of obtaining an immediate or eventual commercial advantage for the manufacturer or importer. Any amount of manufacture or import, no matter how small, can be for a commercial purpose if it is for commercial distribution, test marketing, product research and development, or use as an intermediate. Byproducts and impurities that have no commercial value are made or imported for a commercial purpose if they are made with or present in a product with commercial value that was made or imported for a commercial advantage," " although they may qualify for exemptions from PMN and SNUR requirements. 

At the time TSCA was enacted, the goal of Congress was to regulate only those chemicals which were not already subject to other regulations. Accordingly, chemicals already subject to FIFRA and the FFDCA are not subject to TSCA. In addition, TSCA itself provides for some limited exemptions, subject to certain restrictions, such as for chemicals solely for research and development or chemicals for test marketing. 

---