N.J. Admin. Code § 7:30-2.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:30-2.1 - Registration

(a) No person shall hold, use, distribute, sell, or offer for sale within this State or deliver for transportation or transport in intrastate commerce or between points within this State through any point outside this State any pesticide unless it is currently registered with the Department.

(b) Each pesticide product including each EPA Registration Number, each supplemental registration, each brand name, trade name, formulation, specific fertilizer/pesticide mixture, Experimental Use Pesticide, Special Local Need, FIFRA Section 24(c), or Emergency Exemption, FIFRA Section 18, shall be registered separately.

(c) At the time of registration, the registrant shall file a statement with the Department which includes:

1. The name and address of the applicant and the name and address of the person whose name will appear on the label, if other than the applicant's;

2. The brand name of the pesticide;

3. A complete copy of the current label, which shall contain all statements, words, graphic material and any other information required by FIFRA, and the labeling accompanying the pesticide and a statement of all claims including the directions and precautions for use;

i. If a label or labeling is revised during the registration year, the registrant shall submit a copy of the revised label or labeling within 30 days;

4. The use classification of the pesticide as required by Federal or State regulation;

5. For registrants of any TBT antifoulant paint labeled for marine uses, a certification which states that the TBT antifoulant paint has an acceptable release rate; and

6. Initial product registration of pesticide active ingredients not previously registered in New Jersey shall supply the following information, if available:

i. A Material Safety Data Sheet (MSDS), which is created by the pesticide product registrant;

ii. A US EPA Notice of Pesticide Registration/Reregistration, or US EPA Notice of Supplemental Distribution; and

iii. US EPA required Fact Sheet for the Active Ingredient(s).

(d) When deemed appropriate, the Department may also require, for initial or continuing registration of a pesticide, the submission of the complete formula of the pesticide, including all active and inert ingredients, and any other necessary information relating to the pesticide's safe and effective use. This information may include studies submitted to US EPA for registration/permit purposes, or a list of such studies. The Department shall advise the registrant by mail of what information is needed and the reason thereof and provide a reasonable time for response from the registrant.

(e) For initial or continuing registration of pesticide products which are labeled as termiticides, resource manuals, clean-up procedures, and sampling methodology shall be supplied. Information concerning the following areas of decontamination, sampling and analytical methodology shall be supplied, where available:

1. Personal decontamination;

2. Spill containment (large and small);

3. Decontamination of heating/cooling ducts and units;

4. Decontamination of surface soil (interior and exterior);

5. Decontamination of hard surfaces (permeable and non-permeable);

6. Decontamination of french drains;

7. Decontamination of upholstery, carpeting, clothing, drapery, etc.;

8. Decontamination of potable water;

9. Air monitoring and analytical methodology;

10. Swab (wipe) sampling and analytical methodology;

11. Soil sampling and analytical methodology;

12. Water sampling and analytical methodology; and

13. Tissue sample analytical methodology.

(f) Information required pursuant to (d) above shall be considered confidential and shall not be made public by the Department unless the Department has first determined that the disclosure is necessary to protect against a significant risk of injury or damage and has notified the registrant of the intent to disclose the information at least 30 days prior to doing so.

(g) In the case of renewal of registration, the registrant shall be required to furnish only information which is different from that furnished when the pesticide was registered or reregistered during the previous registration year.

(h) Before holding, using, distributing, selling, or offering for sale any pesticide in this State, the applicant or registrant shall pay an annual registration fee of $ 300.00 to the Department or its authorized representative for each pesticide to be registered. All such registrations shall expire on December 31 of each calendar year.

(i) Any registration processed by the Department and in effect on December 31 of the year for which a renewal application has been made and the proper fee paid, shall continue in full force and effect until the Department notifies the registrant that the registration has been renewed or denied. Forms for registration shall be mailed to the registrant at least 30 days prior to the due date.

(j) If the renewal of a pesticide registration is not filed prior to January 1 of any one year, an additional fee of $ 100.00 per product may be assessed and added to the total registration fee and shall be paid by the registrant before the renewal registration for any pesticide(s) shall be issued. The payment of such additional fee shall not preclude any other actions deemed necessary by the Department.

(k) All Federal, State and county agencies or municipalities shall register all pesticides held, used, distributed, sold, or offered for sale by them but shall not be required to pay the registration fee.

(l) Any registrant shall notify the Department in writing within 30 days when the distribution, sale, transportation, holding or storage of a registered pesticide product ceases. Any person who has registered a pesticide pursuant to this section shall continue to register that specific pesticide for two registration years beyond the last year of distribution, sale, transportation, holding or storage except as delineated below. The Department may waive the required registration fee for end users beyond this two year period.

1. If the US EPA issues provisions for the use of existing stocks of the pesticide that are shorter than two years, then the Department shall require registration for the shorter period.

2. Special Local Need (FIFRA Section 24(c)) product registrations shall be registered for only one year beyond the cancellation date.

3. Experimental use pesticides shall not be registered beyond the expiration date of the Federal or New Jersey experimental use permit.

(m) The provisions of this section shall not apply to:

1. A pesticide if it is shipped from one plant or warehouse to another plant or warehouse and is used solely at such plant or warehouse as a constituent part to make a pesticide; provided, however, that the pesticide is not technical grade material which is required by the EPA to be registered.

2. Any carrier while lawfully engaged in transporting a pesticide within this State, if such carrier shall, immediately upon request, permit the Department to examine and copy all records which shall identify the transactions in and movement of the pesticide.

3. Public officials of this State and the Federal government while engaged in the performance of their official duties in administering State or Federal pesticide laws or regulations or while engaged in pesticide research.

4. Any pesticide which is intended solely for export to a foreign country, and is prepared or packed according to the specifications or directions of the purchaser; provided that all provisions of this subchapter shall apply if the pesticide is not exported.

5. Any "minimum risk" pesticide exempted from regulation by US EPA under 40 CFR Part 152, except that the Department may regulate and require registration of any pesticide if conditions indicate the need for such registration and regulation.

(n) If a person who is required to register a pesticide product pursuant to (a) above refuses to comply with any of the provisions of this section, the Department may refuse to register, cancel the registration of, embargo, secure or impound the registrant's violative products in New Jersey, pursuant to 7:30-2.8, until such time as compliance is obtained.

(o) No person shall hold, use, distribute, sell, or offer for sale within this State or deliver for transportation or transport in intrastate commerce or between points within this State or between points within this State through any point outside this State any pesticide or pesticide container, unless he or she complies with the requirements of 40 CFR Parts 9, 156 and 165 (otherwise known as the Federal Container and Containment regulations), which are hereby incorporated by reference, as amended and supplemented.

N.J. Admin. Code § 7:30-2.1

Amended by R.1985 d.557, effective 11/4/1985.
See: 17 N.J.R. 242(b), 17 N.J.R. 2609(b).
Added to (g) "holding, using."
Amended by R.1988 d.538, effective 11/21/1988.
See: 20 N.J.R. 579(a), 20 N.J.R. 2865(a).
Added (c)5.-6 and annual registration fee raised from $ 40.00 to $ 80.00.
Amended by R.1990 d.426, effective 8/20/1990.
See: 22 N.J.R. 1314(a), 22 N.J.R. 2571(a).
Annual product registration fee increased from $ 80.00 to $ 200.00; late registration fee increased from $ 40.00 to $ 100.00.
Amended by R.1996 d.247, effective 6/3/1996.
See: 27 N.J.R. 4957(a), 28 N.J.R. 2976(a).
In (g) increased fee.
Recodified from N.J.A.C. 7:30-1.3 and amended by R.2001 d.427, effective 11/19/2001.
See: 33 N.J.R. 474(a), 33 N.J.R. 3956(b).
Rewrote the section. Former N.J.A.C. 7:30-2.1, Definitions, repealed.
Amended by R.2008 d.126, effective 5/19/2008.
See: 39 N.J.R. 5010(a), 40 N.J.R. 2451(b).
In (h), substituted "$ 300.00" for "$ 250.00"; and added (o).