NY Env Conserv L § 33-0704 (2021)
2021 New York Laws ENV - Environmental Conservation Article 33 - Pesticides Title 7 - Registration of Pesticides 33-0704 - Review of Applications to Register Pesticides.

* § 33-0704. Review of applications to register pesticides.1.  For  registration  applications  subject  to  review  pursuant  to   subdivisions two through  five  of  this  section,  an  application  for   pesticide  registration  shall  be  determined by the commissioner to be   complete or incomplete within sixty days of receipt  of  an  application   for  registration. If the commissioner does not issue a determination of   completeness or incompleteness  within  sixty  days  of  receipt  of  an   application  for registration, the application shall be deemed complete.   Upon reaching a determination of  completeness  or  incompleteness,  the   commissioner  shall  send  written  notice  to  the  applicant.  If  the   application is determined  to  be  incomplete,  the  commissioner  shall   include  a  statement  of  the  reasons  for  which  the application was   determined to be incomplete. The resubmission of the application or  the   submission  of  additional  information  in  response  to  a request for   additional information shall commence a new sixty  calendar  day  period   for  department  review  of  the  additional information for purposes of   determining completeness.2. The commissioner shall issue or deny registration  of  a  pesticide   which  contains  an  active  ingredient not previously registered by the   commissioner  or  which  contains  an   active   ingredient   previously   registered  for  which a major change in labeling is proposed within one   hundred fifty days of a determination that such application is complete.   If registration of such pesticide is not granted or denied  within  such   period,  the  applicant  may  submit  to  the  commissioner, in the form   prescribed  by  the  commissioner,  a  request  to  grant  or  deny  the   registration. If the registration is not granted or denied within thirty   days  following the receipt of such a request, the registration shall be   deemed granted. Any denial of registration shall specify the grounds for   denial.3. The commissioner shall issue or deny registration of a pesticide to   meet a special local need within sixty days of a determination that such   application is complete.  If  registration  of  such  pesticide  is  not   granted  or  denied  within such period, the applicant may submit to the   commissioner, in the form prescribed by the commissioner, a  request  to   grant  or  deny  the registration. If the registration is not granted or   denied within ten business days following receipt of such a request, the   registration shall be deemed granted. Any denial of  registration  shall   specify the grounds for denial.4.  The  commissioner  shall issue or deny registration of a pesticide   which contains an active ingredient previously registered and which does   not propose  a  major  change  in  labeling  within  ninety  days  of  a   determination that such application is complete. If registration of such   pesticide is not granted or denied within such period, the applicant may   submit  to the commissioner, in the form prescribed by the commissioner,   a request to grant or deny the registration. If the registration is  not   granted  or  denied  within  thirty days following the receipt of such a   request, the  registration  shall  be  deemed  granted.  Any  denial  of   registration shall specify the grounds for denial.5.  The  commissioner  shall  grant  or  deny  registration of amended   labeling of a pesticide product  previously  registered,  other  than  a   major  change  in labeling, within thirty days following a determination   that the application to register the amended labeling  is  complete.  If   registration  of  such  amended labeling is not granted or denied within   thirty days of a determination that the  application  is  complete,  the   applicant  may  submit,  in  the  form prescribed by the commissioner, a   request to grant or  deny  registration  of  the  amended  labeling.  If   registration  of  the  amended  labeling is not granted or denied within    thirty days following receipt of such a request, the registration  shall   be deemed granted. Any denial shall specify the grounds for denial.6.  At  any  time  during  the  review of an application to register a   pesticide the commissioner may request reasonable additional information   from  the  applicant  with  regard  to  any  matter  contained  in   the   application  when  such  additional  information  is  necessary  for the   commissioner to make a decision on the  registration  application.  Such   request  shall  not  extend  any time period within which a registration   decision must be made.7. A request that the commissioner apply for  an  emergency  exemption   from  a  federal  act providing for the registration of pesticides for a   use of a pesticide for which no registration has been issued under  such   federal  act  shall  be filed with the commissioner at least one hundred   five days prior to the date on which such use is proposed  to  commence.   Within  thirty days of receipt of such a request, the commissioner shall   determine whether the materials submitted with the request are  adequate   to  support  an  application  for  an  emergency exemption, and shall so   inform the person submitting the request. If a request is determined  to   be  adequate  to  support  an application for an emergency exemption, an   application shall be filed by the commissioner at least sixty days prior   to the date upon which such use is proposed to commence.8. Any time period specified in this section may be extended with  the   consent of the applicant.9.  The  commissioner shall promulgate rules and regulations necessary   and appropriate to carry out the purposes of  this  title,  which  shall   include  a definition of a complete application to register a pesticide.   Regulations defining a complete  application  to  register  a  pesticide   shall be promulgated not later than April 1, 1993.* NB Repealed July 1, 2023