New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 326 - Registration And Classifications Of Pesticides › Section 326.14 - General requirements for pesticide product registration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every pesticide product which is used,
				  distributed, sold, or offered for sale within this State or delivered for
				  transportation or transported in intrastate commerce or between points within
				  this State through any point outside this State shall first be registered with
				  the commissioner, except a pesticide product in the possession of any carrier
				  while lawfully engaged in transporting a pesticide within the State, if such
				  carrier shall upon request by the department, permit the commissioner or his/her
				  designated agent to copy all records showing the transactions in and movement of
				  the pesticide product.
(b) Prior to
				  the use, distribution, sale, offer for sale within this State or delivery for
				  transportation or transportation in intrastate commerce or between points within
				  this State through any point outside this State of any pesticide product whose
				  use is authorized by an experimental use permit (EUP) issued by the EPA or
				  required to be issued by EPA, such experimental pesticide product must be
				  registered by the department. Such registration is required whether the product
				  is sold or given free to cooperators.
(c) Anyone may file an application for
				  registration with the department with the concurrence of the Federal
				  registrant.
(d) A non-refundable
				  application fee as provided in Environmental Conservation Law (ECL), section
				  33-0705 must accompany every pesticide product registration application
				  package.
(e) Registrants or
				  applicants for registration must notify the department of any amended
				  registration for pesticide products registered by the department or for which an
				  application is pending with the department. Major changes in labeling require a
				  new registration as further described in sections
				  326.15
				  and
				  326.17 
				  of this Part. Minor registration amendments must be filed with the department as
				  further described in section
				  326.18 
				  of this Part. Except as described in section
				  326.19 
				  of this Part, all amended labeling must be accepted by the department as an
				  amendment to the registration of the product before the pesticide product can be
				  used, distributed, sold, offered for sale within this State, or delivered for
				  transportation or transported in intrastate commerce or between points within
				  this State through any point outside this State.
(f) Registrants of any pesticide product
				  registered with the department, or applicants for pesticide product registration
				  must file any factual information regarding unreasonable adverse effects of the
				  pesticide product or any of its ingredients with the department within 30 days
				  after the registrant, or applicant, first possesses or knows of reportable
				  information. This requirement applies to all information required to be filed
				  with USEPA under  40 CFR part 159  (effective June 16, 1998) as incorporated by
				  reference in Part 320 of this Title. Information filed with USEPA prior to the
				  effective date of this Part is not routinely required to be submitted. However,
				  the commissioner may request, on an individual basis, reports submitted to EPA
				  prior to the effective date of this Part. A summary of the information may be
				  submitted in a form prescribed by the commissioner. The commissioner may request
				  complete information, on an individual basis, for any report.
(g) Pesticide registration applicants or
				  registrants of pesticide products registered in New York State who hold Federal
				  registrations that are conditional may be required to submit to the department at
				  the time of the submission to EPA, all information required by EPA as a condition
				  of that registration.
(h) In addition
				  to the information required to be submitted immediately to the department under
				  subdivision (g) of this section, the department may request at any time,
				  information deemed necessary to support the continued registration of any
				  pesticide product. Examples of such information include but are not limited to:
				  product effectiveness data, indoor air residues, and surface residues.
(i) Product registrations are not transferable.
				  If a product changes ownership, the new owner must file a new registration
				  application and new registration fees. Change in ownership is not an amended
				  registration. Change in company name, not involving a change of ownership, does
				  not require a new registration or fees, but will be treated as an amended
				  registration. Changes in stock ownership of a corporation owning a product do not
				  constitute a change in ownership of the product.
(j) If a pesticide product is being phased out
				  and a new pesticide product with the same brand name will be marketed
				  simultaneously, both pesticide products must be registered for as long as the
				  pesticide products remain in the channels of trade. This includes the
				  circumstance where two pesticide products have the same brand name with different
				  EA registration numbers.