N.Y. Comp. Codes R. & Regs. tit. 6 § 326.14

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

Section 326.14 - General requirements for pesticide product registration

(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.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 326.14