S.C. Code Regs. § § 27-1071

Current through Register Vol. 48, No. 11, November 22, 2024

Section 27-1071 - Registration of Pesticides

A. All pesticide products must be registered with the Department for the period in which the products are offered for sale or distribution within the State.

(1) Registrations must be maintained for a period of two (2) years after the last shipment of product into the State in order to support materials remaining in the channels of trade after registration ceases. This requirement includes products distributed in bulk but does not include technical-grade pesticide material used for formulation into other pesticide products or pesticides distributed under an experimental use permit.

(2) Unregistered products must be removed from the retailer's shelves. The Director may, however, allow a reasonable period of time for the retailer to dispose of existing stocks of pesticides after the manufacturer or distributor has ceased to register the product with the State. The method of disposal shall be determined by the Director after appropriate consultations with the affected parties or their representatives.

B. The recipient of a Federal experimental use permit must notify the Director in writing of each experimental use permit issued to them under the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, for pesticides to be used in the State. The notification must be furnished within thirty (30) days after their receipt of the federal permit. The following information must be provided:

(1) A copy of the label accepted by the U. S. Environmental Protection Agency in connection with the permit. The accepted chemical name(s) of the active ingredients must appear on the label.

(2) A copy of the Experimental Use Permit issued by EPA, including the permit's identification number.

(3) A copy of the EPA letter establishing any relevant temporary tolerances.

(4) The location and acreage of each site within the State where the product will be used and the total amount of the product expected to be applied in the State.

(5) The crops or sites involved and the intended purpose or pest targeted by the applications.

C. The State hereby adopts the same requirements for labeling as established by the U. S. Environmental Protection Agency.

(1) The Department will normally accept a copy of the latest label accepted by the EPA for federal registration of the product, provided the label has been fully corrected with respect to changes requested by the EPA and provided the label is in compliance with the labeling requirements in existence at the time the label is submitted to the Department.

(2) Notwithstanding the above, the existence of Federally-accepted labeling does not obligate the Department to register any product for use in the State.

(3) The Director may refuse to register a product if in his opinion there is insufficient credible evidence regarding the formulation, efficacy, or suitability for use in South Carolina of the product, this also includes structural protection claims related to the use of the product.

(4) Before registering a product for use in South Carolina, the Director may require the submission of data satisfactory to him from the registrant specifically supporting any claims made through labeling or any other media about the efficacy, formulation, structural protection or suitability for use in South Carolina of the product.

S.C. Code Regs. § 27-1071

Amended by State Register Volume 29, Issue No. 6, eff June 24, 2005; State Register Volume 48, Issue No. 06, eff. 6/28/2024.