N.Y. Comp. Codes R. & Regs. tit. 6 § 326.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 326.1 - Definitions

As used in this Part:

(a) Active ingredient means:

(1) In the case of a pesticide other than a plant regulator, defoliant or desiccant, an ingredient which will prevent, destroy, repel or mitigate insects, fungi, rodents, weeds or other pests.

(2) In the case of a plant regulator, an ingredient which, through physiological action, will accelerate or retard the rate of growth or rate of maturation or otherwise alter the behavior of ornamental or crop plants or their produce.

(3) In the case of a defoliant, an ingredient which will cause the leaves or foliage to drop from a plant.

(4) In the case of a desiccant, an ingredient which will artificially accelerate the drying of plant tissue.

(b) Amended registration is a change in the formulation or labeling of a pesticide product currently registered by the department which is either:

(1) a major change in labeling as defined in subdivision (n) of this section; or

(2) a minor registration amendment as defined in subdivision (p) of this section.

(c) Certification identification card means the identification card issued by the commissioner, pursuant to Environmental Conservation Law, section 33-0905, for the commercial or private application of pesticides or the sale of restricted use pesticides.

(d) Commercial permit means the permit issued by the commissioner, pursuant to Environmental Conservation Law, section 33-0901, for the distribution, sale, offer for sale, purchase for the purpose of resale, or possession for the purpose of resale, of a restricted pesticide.

(e) Commercial permit holder means the person to whom a commercial permit is issued.

(f) Commissioner means the commissioner of the Department of Environmental Conservation, or his agents.

(g) Department means the Department of Environmental Conservation.

(h) ECL means the Environmental Conservation Law.

(i) EPA means the United States Environmental Protection Agency.

(j) EPA approved labeling means the label bearing the EPA "accepted" stamp and all changes made to that label including:

(1) changes required by EPA in the comment letter accompanying the EPA approved label; and

(2) changes made via notification to EPA.

(k) EPA registration review documents means all documents prepared or solicited by United States Environmental Protection Agency in its review, analysis and evaluation of an application to register a pesticide product, including all data evaluation reports, branch reviews, comment and decision-making documents and correspondence with the registrant.

(l) Label means the written, printed, or graphic matter on, or attached to, the pesticide or its immediate container and any outside containers or wrappers.

(m) Labeling means all labels and other written, printed or graphic matter:

(1) upon the pesticide or any of its containers or wrappers;

(2) accompanying the pesticide at any time; or

(3) to which reference is made on the label or in literature accompanying the pesticide, except when accurate, non-misleading reference is made to current official publications of the United States Departments of Agriculture or Interior, the United States Public Health Service, State Agriculture experiment stations, State colleges of Agriculture or other similar Federal institutions or official agencies of this State or other states authorized by law to conduct research in the field of pesticides.

(n) Major change in labeling means any new pesticide product or any amended label or labeling for a pesticide product which contains an active ingredient previously registered and which:

(1) results in major change in the use pattern for the active ingredient;

(2) changes the classification of the active ingredient or the product to general use or restricted use;

(3) increases the application rate;

(4) changes the percent concentration of an active ingredient other than an increase due to changes in methods of analysis;

(5) adds a previously registered active ingredient or deletes any active ingredient; or

(6) any other change which significantly increases the potential exposure of any non-target organism or which increases the potential for a significant impact to humans, property or the environment. Examples include but are not limited to: addition of aerial application, addition of direct soil application, or addition of a major crop.

(o) Major change in use pattern means a change in the general use pattern involving a category of site previously not registered for the active ingredient. Examples of major changes in use pattern include but are not limited to addition of: terrestrial food or non-food use, aquatic food or non-food use, domestic outdoor use, indoor use, forestry use, or greenhouse food or non-food use.

(p) Minor registration amendment means any change in registration not comprising a major change in labeling as defined in subdivision (n) of this section.

(q) New active ingredient means any active ingredient not in any pesticide product currently registered with the department.

(r) Person means any individual, partnership, association, corporation, organized group of persons whether incorporated or not, private or public authority, State government or agency, political subdivision, governmental agency or any other legal entity.

(s) Pesticide product means a pesticide active ingredient or ingredients in a particular formulation, including its related composition, packaging, and labeling. The term includes any physical apparatus used to deliver or apply the pesticide if distributed or sold with the pesticide. Examples include but are not limited to:

(1) any pesticide product registered or required to be registered by EPA, including:

(i) pesticide products with supplemental distributor registrations, each of which must be registered as a separate product; and

(ii) additional brand names, each of which must be registered separately;

(2) any pesticide product registered for a special local need; and

(3) any product whose use is authorized by an experimental use permit issued by an agency of the United States government.

(t) Purchase permit means the permit to be issued by the commissioner pursuant to Environmental Conservation Law, section 33-0903, for the purchase, possession, or use of a restricted use pesticide. Whenever used in this section and in this Part, the term purchase permit also means, as an alternative, a certification identification card.

(u) Purchase permit holder means the person to whom a purchase permit is issued.

(v) Retreatment means the reapplication or repeat of an application of a pesticide, whether or not it is the same concentration or formulation as applied initially, to a structure or an area of a structure, provided the application is for the control of the same pest as initially treated.

(w) Restricted use pesticide or restricted pesticide means any pesticide listed in section 326.2 of this Part according to the criteria of Environmental Conservation Law, section 33-0101(42), or any pesticide whose labeling bears the statement "Restricted Use Pesticide."

(x) Special local need registration means a registration issued by the department under authority of section 24(c) of the Federal Insecticide, Fungicide and Rodenticide, as amended, and chapter 40 of the Code of Federal Regulations, section 162.152 as incorporated by reference in Part 320 of this Title, for the following purposes:

(1) to meet an existing or imminent pest problem within New York State for which the department has determined that an appropriate pesticide product is not sufficiently available which is registered by the USEPA and the department; or

(2) to allow for the limited registration and use of a product for which the full federally labeled use would result in unacceptable impacts to human health or the environment.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 326.1