281.260. Registration of pesticides--renewal--fees--powers of director--cancellation of registration on notice and hearing--experimental use permit issued when--revocation.
Registration of pesticides--renewal--fees--powers ofdirector--cancellation of registration on notice andhearing--experimental use permit issued when--revocation.
281.260. 1. Every pesticide which is distributed, sold, offered forsale or held for sale within this state, or which is delivered fortransportation or transported in intrastate commerce or between pointswithin this state through any point outside of this state, shall beregistered in the office of the director, and the registration shall berenewed annually.
2. The registrant shall file with the director a statement including:
(1) The name and address of the registrant and the name and addressof the person whose name will appear on the label, if other than theregistrant;
(2) The name of the pesticide;
(3) Classification of the pesticide; and
(4) A complete copy of the labeling accompanying the pesticide and astatement of all claims to be made for it, including directions for use.
3. The registrant shall pay an annual fee of fifteen dollars for eachproduct registered in any calendar year or part thereof. The fee shall bedeposited in the state treasury to the credit of the general revenue fund.All such registrations shall expire on December thirty-first of any oneyear, unless sooner canceled. A registration for a special local needpursuant to subsection 6 of this section, which is disapproved by thefederal government, shall expire on the effective date of the disapproval.
4. Any registration approved by the director and in effect on thethirty-first day of December for which a renewal application has been madeand the proper fee paid shall continue in full force and effect until suchtime as the director notifies the applicant that the registration has beenrenewed, or otherwise denied, in accord with the provisions of subsection 8of this section. Forms for reregistration shall be mailed to registrantsat least ninety days prior to the expiration date.
5. If the renewal of a pesticide registration is not filed prior toJanuary first of any one year, an additional fee of five dollars shall beassessed and added to the original fee and shall be paid by the applicantbefore the registration renewal for that pesticide shall be issued;provided, that, such additional fee shall not apply if the applicantfurnishes an affidavit certifying that he did not distribute suchunregistered pesticide during the period of nonregistration. The paymentof such additional fee is not a bar to any prosecution for doing businesswithout proper registry.
6. Provided the state complies with requirements of the federalgovernment to register pesticides to meet special local needs, the directorshall require that registrants comply with sections 281.210 to 281.310 andpertinent federal laws and regulations. Where two or more pesticides meetthe requirements of this subsection, one shall not be registered inpreference to the other.
7. The director may require the submission of the complete formula ofany pesticide to approve or deny product registration. If it appears tothe director that the composition and efficacy of the pesticide is such asto warrant the proposed claims for it and if the pesticide and its labelingand other material required to be submitted comply with the requirements ofsections 281.210 to 281.310, he shall register the pesticide.
8. Provided the state is authorized to issue experimental usepermits, the director may:
(1) Issue an experimental use permit to any person applying for anexperimental use permit if he determines that the applicant needs suchpermit in order to accumulate information necessary to register a pesticideunder sections 281.210 to 281.310**. An application for an experimentaluse permit may be filed at the time of or before or after an applicationfor registration is filed;
(2) Prescribe terms, conditions, and period of time for theexperimental permit which shall be under the supervision of the director;
(3) Revoke any experimental permit, at any time, if he finds that itsterms or conditions are being violated, or that its terms and conditionsare inadequate to avoid unreasonable adverse effects on the environment.
9. If it does not appear to the director that the pesticide is suchas to warrant the proposed claims for it or if the pesticide and itslabeling and other material required to be submitted do not comply with theprovisions of sections 281.210 to 281.310 or with federal laws, he shallnotify the registrant of the manner in which the pesticide, labeling, orother material required to be submitted fail to comply with sections281.210 to 281.310 or with federal laws so as to afford the registrant anopportunity to make the necessary corrections. If, upon receipt of suchnotice, the registrant insists that such corrections are not necessary andrequests in writing that the pesticide be registered or, in the case of apesticide that is already registered, that it not be canceled, thedirector, within ninety days, shall hold a public hearing to determine ifthe pesticide in question should be registered or canceled. If, after suchhearing, it is determined that the pesticide should not be registered orthat its registration should be canceled, the director may refuseregistration or cancel an existing registration until the required labelchanges are accomplished. If the pesticide is shown to be in compliancewith sections 281.210 to 281.310 and federal laws, the pesticide will beregistered. Any appeals resulting from administrative decisions by thedirector will be taken in accordance with sections 536.100 to 536.140,RSMo.
10. Notwithstanding any other provision of sections 281.210 to281.310, registration is not required in the case of a pesticide shippedfrom one plant or warehouse within this state to another plant or warehousewithin this state when such plants are operated by the same persons.
11. The director shall not make any lack of essentiality a criterionfor denying registration of a pesticide except where none of the labeleduses are present in the state. Where two or more pesticides meet therequirements of sections 281.210 to 281.310, one shall not be registered inpreference to the other.
12. Notwithstanding any other provision of law to the contrary, thedirector may allow a reasonable period of time for the retailer to disposeof existing stocks of pesticides after the manufacturer or distributor hasceased to register the product with the state. The method of disposalshall be determined by the director.
(L. 1955 p. 26 § 4, A.L. 1959 H.B. 221, A.L. 1982 H.B. 1514 § 263.320, A.L. 2008 S.B. 931)*Transferred 1992; formerly 263.300
**Original rolls contain sections "263.269 to 263.380" which sections were transferred to sections 281.210 to 281.310 in 1992.