Title 2, Chapter 7, Section 55
( 2-7-55)
(a) Every pesticide which is distributed in this state shall be registered with the Commissioner, subject to this article. Such registration shall be renewed annually prior to January 1, provided that registration is not required if a pesticide is shipped from one plant or warehouse to another plant or warehouse operated by the same person and if the pesticide is used solely at such plant or warehouse as a constituent part to make a pesticide which is registered under this article or if the pesticide is distributed under the provisions of an experimental use permit issued under Code Section 2-7-56; provided, further, that after all pesticides have been classified for "General Use" or "Restricted Use" as required by Section 3 of FIFRA, the Commissioner, by regulation, may require the registration of products on a multiple-year basis of two, three, four, or five years. (b) The applicant for registration shall file a statement with the
Commissioner which shall include: (1) The name and address of the applicant and the name and address
of the person whose name will appear on the label, if other than
the applicant's; (2) The name of the pesticide; (3) Other necessary information required for completion of the
department's application for registration form; and (4) A complete copy of the labeling accompanying the pesticide and
a statement of all claims to be made for it, including the
directions for use and the use classification as provided for in
FIFRA. (c) The Commissioner, when he deems it necessary in the
administration of this article, may require the submission of the
complete formula of any pesticide, including the active and inert
ingredients. (d) The Commissioner may require a full description of the tests
made and the results thereof on which the claims are based on any
pesticide not registered pursuant to Section 3 of FIFRA or on any
pesticide on which restrictions are being considered. The
Commissioner may refuse to consider data he required of the initial
registrant of a pesticide use in support of any other application
for registration of that same use, unless such subsequent applicant
has first obtained written permission to use such data. If data from
the original registrant is considered without such permission, the
Commissioner shall promptly notify such initial registrant. In the
case of renewal of registration, a statement shall be required only
with respect to information which is different from that furnished
when the pesticide was registered or last reregistered. (e) The Commissioner may prescribe other necessary information by
regulation. (f) The applicant desiring to register a pesticide shall pay an
annual registration fee to the Commissioner for each pesticide
registered for such applicant. The amount of such fee shall be
established by the Commissioner in an amount not to exceed $100.00
per annum. All such registrations shall expire on December 31 of any
one year, provided that if the Commissioner adopts a multiple-year
registration period, the annual registration fee per product shall
be compounded for the number of years included in the multiple-year
registration. A registration for a special local need pursuant to
subsection (i) of this Code section which is disapproved by the
administrator of the Environmental Protection Agency shall expire on
the effective date of the administrator's disapproval. (g) Any registration approved by the Commissioner and in effect on December 31 or, in case a multiple-year registration period is adopted, on the last day of the registration period, for which a renewal application has been made and the proper fee paid, shall continue in full force and effect until such time as the Commissioner notifies the applicant that the registration has been renewed or denied, in accordance with Code Section 2-7-59. Forms for reregistration shall be mailed to registrants at least 30 days prior to the due date. (h) If the renewal of a pesticide registration is not filed prior to
January 1 of any one year, or by the expiration date in the case of
multiple-year registration, the applicable registration fee shall be
doubled and shall be paid by the applicant before the registration
renewal for that pesticide shall be issued. (i) Provided the state is certified by the administrator of the
Environmental Protection Agency to register pesticides for special
local need pursuant to Section 24(c) of FIFRA, the Commissioner
shall require the information set forth under subsections (b)
through (e) of this Code section and, subject to the terms and
conditions of that certification, shall register such pesticide if
he determines that: (1) Its composition is such as to warrant the proposed claims for
it; (2) Its labeling and other material required to be submitted
comply with the requirements of this article; (3) It will perform its intended function without unreasonable
adverse effects on the environment; (4) When used in accordance with widespread and commonly
recognized practice, it will not generally cause unreasonable
adverse effects on the environment; (5) The classification for general use or restricted use is in
conformity with Section 3(d) of FIFRA; and (6) A special local need exists. (j) The Commissioner shall not make any lack of essentiality a
criterion for denying registration of any pesticide. Where two
pesticides meet the requirements of this Code section, one should
not be registered in preference to the other. |