§ 23-25-6 - Registration.
SECTION 23-25-6
§ 23-25-6 Registration. – (a) Every pesticide which is distributed in the state shall be registered withthe director subject to the provisions of this chapter and shall be categorizedfor registration purposes. These categories shall be: "consumer protection andhealth benefits products" which means all disinfectants, sanitizers,germicides, biocides and other pesticides labeled for use directly on humans orpets or in or around household premises and "agricultural and otherpesticides," which means restricted-use pesticides and other pesticides thatare not consumer protection and health benefits products. That registrationshall be renewed annually prior to January 31; provided, that registration isnot required if a pesticide is shipped from one plant or warehouse to anotherplant or warehouse operated by the same person and used solely at the plant orwarehouse as a constituent part to make a pesticide which is registered underthe provisions of this chapter or if the pesticide is distributed under theprovisions of an experimental use permit issued under § 23-25-7 or anexperimental use permit issued by EPA.
(b) The applicant for registration shall file a statementwith the director which shall include:
(1) The name and address of the applicant and the name andaddress of the person whose name will appear on the label, other than theapplicant's;
(2) The name of the pesticide;
(3) Other necessary information required for completion ofthe department of environmental management's application for registration form;
(4) A complete copy of the labeling accompanying thepesticide and a statement of all claims to be made for it, including thedirections for use and the use classification as provided for in FIFRA.
(c) The director, when he or she deems it necessary in theadministration of this chapter, may require the submission of the completeformula of any pesticide, including the active and inert ingredients.
(d) The director may require a full description of the testsmade and the results of the tests upon which the claims are based on anypesticide not registered pursuant to § 3 of FIFRA, 7 U.S.C. § 136a,or on any pesticide on which restrictions are being considered. In the case ofrenewal of registration, a statement shall be required only with respect toinformation which is different from that furnished when the pesticide wasregistered or last reregistered.
(e) The director may prescribe other necessary information byregulation.
(f) The applicant desiring to register a pesticide shall payan annual registration fee of fifty dollars ($50.00) to the general treasurerfor each pesticide registered for the applicant which shall be credited by thegeneral treasurer to the pesticide relief fund. Annually on November 1 thegeneral treasurer shall notify the director of the amount of funds contained inthe pesticide relief fund. If the pesticide relief fund shall exceed onemillion dollars ($1,000,000) on that date, the annual registration fee for thenext following year commencing December 1 shall be twenty-five dollars ($25.00)which shall become part of the general fund. All registrations shall expire onNovember 30, of any one year, unless sooner cancelled; provided, that aregistration for a special local need pursuant to this section which isdisapproved by the administrator, EPA, shall expire on the effective date ofthe administrator's disapproval.
(g) Any registration approved by the director and in effecton the 31st day of January, for which a renewal application has been made andthe proper fee paid, shall continue in full force and effect until any timethat the director notifies the applicant that the registration has beenrenewed, or denied, in accord with the provisions of § 23-25-8. Forms forre-registration shall be mailed to registrants at least thirty (30) days priorto the due date.
(h) Provided the state of Rhode Island is certified by theadministrator of EPA to register pesticides pursuant to § 24(c) of FIFRA,7 U.S.C. § 136v(c), the director shall require the information set forthunder subsections (b), (c), (d), and (e) and shall, subject to the terms andconditions of the EPA certification, register the pesticide if he or shedetermines that:
(i) Its composition is such as to warrant the proposed claimsfor it;
(ii) Its labeling and other material required to be submittedcomply with the requirements of this chapter;
(iii) It will perform its intended function withoutunreasonable adverse effects on the environment;
(iv) When used in accordance with widespread and commonlyrecognized practice, it will not generally cause unreasonable adverse effectson the environment; and
(v) A special local need for the pesticide exists.
(2) Prior to registering a pesticide for a special localneed, the director shall classify the use of the pesticide for general orrestricted use in conformity with § 3(d), 7 U.S.C. § 136a(d), ofFIFRA; provided, that the director shall not make any lack of essentiality acriterion for denying registration of any pesticide. Where two (2) pesticidesmeet the requirements of this subdivision, one should not be registered inpreference to the other.
(3) The director may develop and promulgate any otherrequirements by regulation that are necessary for the state plan to receivecertification from EPA.