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Policy DSHM-PES-05-02 Pesticide Product Registration & Commercial Permits

I. Summary

This Program Policy was formerly identified as TAGM PES-91-02.

This Policy provides guidance on procedures used to register pesticide products and how to obtain a commercial permit to sell and distribute restricted use pesticides in New York State. The Policy focuses on the requirements for registration of pesticides and obtaining commercial permits. The Policy takes effect thirty days after the date of issuance.

II. Policy

All pesticide products that are used, distributed, sold or offered for sale within New York State are required to be registered (ECL 33-0701). Procedures and required forms to register a pesticide product are found in Related References below.

A commercial permit is required for the distribution, sale, offer for sale, purchase for the purpose of re-sale or possession for the purpose of re-sale of a restricted use pesticide (ECL 33-0901). Procedures and forms required to obtain a commercial permit are found in Related References below.

III. Purpose and Background

The purpose of this Policy is to clarify for the regulated community the procedures required to 1) register a pesticide product in New York State and 2) obtain a commercial permit. By following the detailed requirements and procedures, the Bureau of Pesticides Management will be able to efficiently review submissions.

IV. Responsibility

The responsibility for interpreting and updating this policy resides in the Department's Division of Solid & Hazardous Materials, Bureau of Pesticides Management.

Responsibility for review and decisions of pesticide product and commercial permit applications lies with the Department's Central Office Bureau of Pesticides Management staff. Any questions pertaining to pesticide product registration or commercial permits that cannot be answered by this Policy, should be directed to the Pesticide Product Registration Section, Bureau of Pesticides Management, 518-402-8768.

V. Procedure

The registration of pesticide products and issuance of commercial permits is a Central Office function and does not have a Regional component. All applications must be submitted directly to the Bureau of Pesticides Management in Albany.

Pesticide Product Registration:

The Department must have complete information on the human health effects and the environmental impacts of each product in order to make registration determinations. Potential registrants should be aware of the information requirements early in the registration process. In this way, applications are more likely to be complete when received, and Bureau staff will be able to efficiently review submissions, and thereby avoid the need to return incomplete applications. To register a product a Pesticide Product Application and a Product Data Sheet for Registration of a Pesticide must be submitted. The New York State Pesticide Product Registrations Procedures booklet provides guidance in completing an application. The booklet lists the requirements for all registration types including: new active ingredients, new use patterns, Special Local Needs registrations, experimental use registrations, registration renewals and label revisions. This booklet should answer most registrant questions. The necessary forms and instructions can be found in Related References below.

The registration status of a pesticide product in New York State can be determined by searching the Pesticide Ingredient and Manufacturer System (PIMS) at http://pmep.cce.cornell.edu/pims

Questions concerning the accuracy of information in PIMS should be directed to the Bureau of Pesticides Management.

Commercial Permits:

ECL Section 33-0901(1) states that, "A commercial permit is required for the distribution, sale, offer for sale, purchase for the purpose of re-sale or possession for the purpose of re-sale of a restricted use pesticide." For simplification, when the term "sale and distribution" is mentioned below it will include all of the above stated transactions.

A person must obtain a commercial permit for the sale and distribution of both federal and New York State restricted pesticides. A commercial permit is not required for a storage facility if there is no sale or distribution to a person located in New York State.

Sale and distribution allowed by a commercial permit is to persons in possession of a commercial permit, a commercial pesticide applicator certification, a private pesticide applicator certification or a special purchase and use permit. Restricted pesticides cannot be purchased using commercial pesticide technician certification.

A separate commercial permit is required for each location in New York State that sells or distributes restricted pesticides. A person that sells and distributes restricted pesticides from one or more locations not in New York State needs only one commercial permit issued to an out-of-state location to cover all of their out-of-state locations.

A commercial permit is valid for two years. The fee for a commercial permit is $600.00. An applicant must be or employ either a commercial or private pesticide applicator to obtain a commercial permit. A commercial permit cannot be obtained with commercial pesticide technician certification.

The commercial permit application form and instructions can be found under the important links section to the right.