N.Y. Comp. Codes R. & Regs. tit. 6 § 326.22

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

Section 326.22 - Experimental use products

(a) All experimental use pesticide products whose use is authorized by an experimental use permit (EUP) issued by the EPA or required to be issued by EPA must be registered with the department in accordance with section 326.14(b) of this Part. Such registration is required whether the product is sold or given free to cooperators.

(b) Experimental products not requiring the issuance of a Federal experimental use permit under EPA criteria specified in Federal regulations are not required to be registered. However, the following conditions apply:

(1) For experimental programs conducted on property owned or managed by registrants or recognized research institutions, no permit or notification requirements apply.

(2) For experimental programs conducted on property other than that owned or managed by registrants or recognized research institutions, the person proposing to conduct the program must notify the department with the details of the program at least 30 days prior to the date of the proposed application.

(c) In addition to the requirements of section 326.15 of this Part, an applicant for registration of an experimental use product must provide the following information:

(1) a copy of the Federal permit including the experimental label;

(2) a copy of the proposed experimental program for New York including amounts and acreage of use, name, address, and phone number of the person supervising the program in New York and a list of cooperators; and

(3) data summaries of toxicology, environmental toxicology, and environmental fate data for the active ingredient, if such data has not already been submitted to the department.

(d) The department must be notified a minimum of five business days in advance of application of EUP pesticides of any changes in the list of cooperators previously approved.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 326.22