N.Y. Comp. Codes R. & Regs. tit. 6 § 326.19

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

Section 326.19 - Minor registration amendments not requiring approval prior to sale or distribution

(a) Amendments to products registered with the department may be made by notification to the department providing:

(1) the modifications to the Federal registration meet the EPA criteria for notification under Federal regulations and policies; and

(2) the modification does not involve the addition of an alternate or additional brand name.

(b) The following procedure must be followed for amending a department registration via notification:

(1) The registrant must submit the following documents:

(i) a copy of the EPA application for registration amendment indicating that the change is being made via notification;

(ii) a copy of the transmittal letter to EPA bearing the certification statement required by EPA that the change meets the criteria for change via notification; and

(iii) three copies of the final printed labeling or accurate, legible facsimile. All changes must be noted or highlighted on the label.

(2) The department will notify the registrant if it determines that approval under section 326.18 of this Part is required. If so notified, the registrant must wait for approval prior to sale or distribution in the State.

(3) Distribution may begin on the 31st day after receipt by the department of notice of change via notification unless notified by the department that approval under section 326.18 of this Part is required.

(4) The department will return, as soon as is possible, a copy of the label stamped "Accepted Via Notification - Label Not Reviewed".

(c) The following types of label amendments may be made without any notification to the department and, therefore, does not require acceptance prior to the use, distribution, sale or 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 the pesticide product:

(1) correction of typographical and printing errors in labeling unless, as a result of a label review by the department, the registrant has been requested to correct an error and submit the corrected label;

(2) changes in net contents providing that no other label changes are necessary under Federal or State requirements;

(3) use of metric units in addition to standard U.S. units;

(4) redesign of label format that does not modify approved label text and which is consistent with Federal and State requirements; and

(5) revision, addition, or deletion of non-mandatory label elements, such as:

(i) the DOT hazard diamond;

(ii) State-required analysis of a fertilizer product;

(iii) lot or batch codes; and

(iv) date of manufacture or label approval.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 326.19