§ 2-16-407 - Pesticide registration required.
2-16-407. Pesticide registration required.
(a) Each pesticide must have been accepted for registration by the State Plant Board, and the registration must be in force at the time it is sold, offered for sale, or distributed in this state. Registration is not required if a pesticide is shipped from one (1) plant or warehouse to another plant or warehouse operated by the same person and used solely at the plant or warehouse as a constituent part to make a pesticide which is registered under the provisions of this subchapter or if the pesticide is distributed under the provisions of an experimental use permit issued under 2-16-409 or an experimental use permit issued by the United States Environmental Protection Agency.
(b) The applicant for registration shall file a statement with the board 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 board'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 in the Federal Insecticide, Fungicide, and Rodenticide Act.
(c) The board, when it deems it necessary in the administration of this subchapter, may require the submission of the complete formula of any pesticide, including the active and inert ingredients.
(d) The board may require a full description of the tests made and the results upon which the claims are based on any pesticide not registered pursuant to 3 of the Federal Insecticide, Fungicide, and Rodenticide Act or on any pesticide on which restrictions are being considered. 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 board may prescribe other necessary information by regulation.
(f) The applicant desiring to register a pesticide shall pay an annual registration fee as prescribed in the regulations of the board for each pesticide registered by the applicant. The annual registration fee shall be no less than sixty dollars ($60.00) for each product registered. All registrations shall expire December 31 each year.
(g) Any registration approved by the board and in effect on December 31 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 board notifies the applicant that the registration has been approved or denied, in accordance with the provisions of 2-16-408. Forms for reregistration shall be mailed to registrants at least thirty (30) days prior to the due date.
(h) Provided the board is certified by the Administrator of the United States Environmental Protection Agency to register pesticides to meet special local needs pursuant to Section 24(c) of the Federal Insecticide, Fungicide, and Rodenticide Act, the board shall require information set forth under subsections (b) - (e) of this section and shall register a pesticide if it determines that:
(1) The pesticide's composition is such as to warrant the proposed claims for it;
(2) The pesticide's labeling and other material required to be submitted comply with the requirements of this subchapter;
(3) The pesticide will perform its intended function without unreasonable adverse effects on the environment;
(4) When used in accordance with widespread and commonly recognized practice, the pesticide will not generally cause unreasonable adverse effects on the environment; and
(5) The classification for general or restricted use is in conformity with Section 3(d) of the Federal Insecticide, Fungicide, and Rodenticide Act.
(i) The board shall not make any lack of essentiality a criterion for denying registration of any pesticide. Where two (2) pesticides meet the requirements of this section, one (1) should not be registered in preference to the other.