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Pesticide Product Registration

History and Background of the Pesticide Product Registration Program

Pesticide products have been required to be registered in New York State for many years. The responsibility of pesticide product registration was transferred from the Department of Agriculture and Markets to the Department of Environmental Conservation (DEC) on July 1, 1970, when DEC was created, bringing together in a single agency all State programs directed toward protecting and enhancing the environment. A major step in the evolution of the pesticide product registration program was the enactment of the Fee Bill (Chapter 67 of the Laws of 1992). The legislation:

  • Directs that certain fees, fines and penalties be deposited into the miscellaneous special revenue fund, to the credit of the environmental enforcement account, to support the pesticide program;
  • Establishes time frames for expedited review of applications to register pesticides;
  • Increases pesticide product registration fees to bring New York's fee structure in line with other states and to support the expedited review process.

The establishment of specific time frames has helped ensure that the review of applications to register pesticides with new active ingredients, or with major new use patterns, is completed promptly without compromising its scientific integrity. These time frames provide greater certainty to pesticide manufacturers about which products can be used in New York State, while ensuring adequate time for thorough analysis by the NYSDEC. The current registration fees, which were established to fund the expedited review process, are comparable to those of other states.

Review Time Frames for Pesticide Product Applications
Type of Registration Completeness Determination Registration Decision*
New Active Ingredient (AI) 60 days, written notice to applicant 150 days + 30 days, if applicant requests decision
Major Change in Labeling (MCL) 60 days, written notice to applicant 150 days + 30 days, if applicant requests decision
Special Local Need Registration 60 days, written notice to applicant 60 days + 10 days, if applicant requests decision
AI already registered 60 days, written notice to applicant 90 days + 30 days, if applicant requests decision
Amended labeling, other than MCL 60 days, written notice to applicant 30 days + 30 days, if applicant requests decision
Section 18 Emergency Exemption Filed with NYSDEC at least 105 days before decision is needed. 30 days to determine completeness. Files with EPA at least 60 days before decision is needed.

*Calculated from the date of the completeness determination.

All time frames may be extended with consent of the applicant.

Please see New York State Pesticide Product Registration Procedures for the required information needed for all applications.

Products which require registration include:

  1. Any pesticide product registered or required to be registered by the United States Environmental Protection Agency (EPA.
    note: Products not regulated as pesticides by the EPA are not regulated as pesticides by the NYSDEC.
  2. Products requiring NYS registration include:
    • Products with basic EPA registrations;
    • Supplemental (distributor) registrations (each must be registered as a separate product); and
    • Additional brand names (each must be registered as a separate product). However, paint products that vary only in the color, or fertilizer products that vary only in the fertilizer analysis will be registered as one product, with labels for additional colors or fertilizer analysis added via notification.
  3. Products not requiring registration include:
    • Products specifically exempted in 40CFR Sections 152.8, 152.10, 152.20, 152.25, 152.30;
  4. Any Special Local Need registration, whether it is a new product or an additional use for an existing EPA registered product.
  5. Experimental use products used pursuant to a Federal Experimental Use Permit (EUP), regardless of whether the product is sold or given free to cooperators. The Department does not require a State EUP or registration for other proposals for testing of experimental use products. However, notification requirements apply.
  6. Any amendment to a registration that involves a major change in labeling will be considered a new product, and an application for a new registration must be submitted.
  7. The following types of amendments to products currently registered with the Department require a new application for registration:
    • A major change in use pattern;
    • Addition of a major crop in New York State that will significantly increase acreage;
    • Significant increase in application rate;
    • Any change which increases the exposure and, thereby, the potential risk to nontarget organisms;
    • Changes in classification between restricted and general use;
    • Changes in product names. If both names are to be marketed concurrently, both must be registered;
    • Changes in EPA registration number; and
    • Change in product ownership. Note: Change in company name without a change in ownership does not require a new registration, but the Department must be notified.
    • All changes in formulation except:
      • changes in formulation allowed by notification to EPA, such as a change in the source of an active ingredient;
      • minor changes in either active ingredient percentages, or inert ingredient percentages; modification of fertilizer percentages in pesticide-fertilizer mixtures;
      • adjustments to percentages of ingredients resulting from changes in methods of analysis.
      • Note: these exceptions to changes in formulation do not require new registration, but the Department must be notified.
  8. Pesticide product registrations cannot be transferred. If there is a change in ownership of the product, a new application for registration must be submitted. A change in the company name of the registrant without a change in the ownership does not require a new registration, providing product names do not change. If there is no change of ownership, label changes may be made under amended registration procedures.

Pesticide Products Reviewed in Depth

The Department registers many different types of pesticide products. The following products are reviewed in depth because they represent new potential for exposure to humans or other nontarget organisms:

  • Products which contain a new active ingredient;
    • Products containing a new active ingredient are those with an active ingredient not contained in any pesticide product currently registered with the NYSDEC.
  • Products constituting a major change in use pattern;
    • A change in the general use pattern involving a category or site previously not registered for the active ingredient. Refer to the "Code of Federal Regulations" 40CFR Part 158.100. Examples include, but are not limited to, addition of terrestrial food or nonfood use, aquatic food and nonfood use, domestic outdoor use, indoor use, forestry use, or greenhouse food or nonfood; or
    • A change that is likely to increase the exposure of any nontarget organism or that increases the potential for significant impact to humans, property, or the environment. Examples include, but are not limited to: addition of aerial application, addition of direct soil application, or addition of a major crop.
  • These products are reviewed by the EPA, however;
    • Potential exposure to a pesticide may vary depending on regional use practices, an area's vulnerability to contamination and regulations applicable to that area. EPA's task is to evaluate risks and benefits of pesticides to the nation as a whole. New York State has special circumstances that are not necessarily reflected in EPA decisions and requirements.
    • Evaluating pesticide exposure at the state level is very important to assure that factors unique to an area are considered during the registration review.
  • The Department requires registrants to submit EPA reviews and/or data evaluation record reports and occasionally the original studies, when needed, in order to conduct our review.
  • The following are the possible results of our review:
    • Register the EPA accepted label;
    • Register the product with additional label modifications;
    • Register the product conditionally, e.g. upon submittal of further studies, etc.; or
    • Deny registration of the product.
Other Types of Product Registrations
  • Initial registration of a product containing a currently registered active ingredient for existing use patterns;
    • This type of registration is also referred to as a "me-too" registration.
      • Labels are reviewed and compared to the EPA stamped "ACCEPTED" label for discrepancies.
    • Supplemental registration of distributor products falls into this category.
      • Distributor products have always been problematic and frequently contain discrepancies from the EPA stamped "ACCEPTED" label.
      • Because of these ongoing problems, reviewing distributor products is very time consuming.
  • Amendment to an existing federal registration requiring a new registration for New York State;
    • Major change in labeling, product name change, significant change in formulation, change in general/restricted use classification, change in EPA registration number, or change in ownership of the product.
  • Special Local Need (SLN) application;
    • SLN's will be considered only if the applicant demonstrates that there is an existing or imminent pest problem in New York that cannot be met by an existing federally registered product.
      • There must be a demonstrated special local need within the State.
      • If the SLN involves a food use, it must be covered by the necessary tolerances or exemptions under the Federal Food, Drug & Cosmetic Act.
      • Registration for the same use must not have been previously denied, disapproved, suspended or canceled by the EPA administrator or voluntarily canceled by the registrant subsequent to issuance by the administrator of a notice of intent to cancel that registration.
      • The registration must be in accord with the purposes of FIFRA.
  • Experimental Use Permit (EUP) product application;
    • It is the intention of the NYSDEC to obtain all information necessary to ensure the safe use of new pesticide chemicals without inhibiting research in New York State.
    • All experimental products for which a Federal Experiment Use Permit (EUP) has been issued or is required, or for which a State EUP is required, must be registered in New York State, regardless of whether the product is sold or given free to cooperators.
  • Renewals of registration.
    • Products are reviewed at renewal time to ensure that the final product label on file corresponds to the most current EPA stamped "ACCEPTED" label.

More about Pesticide Product Registration: