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§33-0723. Experimental Use Permits

  1. The commissioner is hereby authorized to apply to the United States environmental protection agency for certification pursuant to section five of the Federal Insecticide, Fungicide and Rodenticide Act of 1972, as amended, to issue experimental use permits, and to establish by regulation any requirements as are necessary to qualify for such certification.
  2. After certification by the administrator of the United States environmental protection agency to issue experimental use permits, the commissioner is hereby authorized to issue such permits as shall be required for the shipment, delivery, or use of a pesticide product which is to be tested to determine the scope of limitations of its usefulness and the effect of its use on human life and the environment. Such permits may be issued for products for use only in experimental programs under the supervision of qualified persons and broad scale testing under normal conditions of use. The commissioner may require such information and data concerning the product and the proposed testing program as is deemed necessary to make determination on the merits of the pesticides being tested.
  3. The commissioner is authorized to exempt from the requirement for experimental use permits substances or mixtures of substances in early research stages such as those being put through laboratory or greenhouse tests or limited scale field trials or other tests for the purpose of determining pesticide value and from which the user does not expect to receive any benefit in pest control.

Source: Article 33 and portions of Article 15 and 71 of the Environmental Conservation Law. New York State Department of Environmental Conservation, Albany, NY. Rev. July 2001. 44 pp.


326.14 General Requirements for Pesticide Product Registration.

(b) Prior to the use, distribution, sale, offer for sale within this State or delivery for transportation or transportation in intrastate commerce or between points within this State through any point outside this State of any pesticide product whose use is authorized by an experimental use permit (EUP) issued by the EPA or required to be issued by EPA, such experimental pesticide product must be registered by the Department. Such registration is required whether the product is sold or given free to cooperators.


326.22 Experimental Use Products.

  1. All experimental use pesticide products whose use is authorized by an experimental use permit (EUP) issued by the EPA or required to be issued by EPA must be registered with the Department in accordance with subdivision 326.14(b). Such registration is required whether the product is sold or given free to cooperators.
  2. Experimental products not requiring the issuance of a federal experimental use permit under EPA criteria specified in federal regulations are not required to be registered. However, the following conditions apply:

    1. For experimental programs conducted on property owned or managed by registrants or recognized research institutions, no permit or notification requirements apply.
    2. For experimental programs conducted on property other than that owned or managed by registrants or recognized research institutions, the person proposing to conduct the program must notify the Department with the details of the program at least 30 days prior to the date of the proposed application.

  3. In addition to the requirements of section 326.15, an applicant for registration of an experimental use product must provide the following information:

    1. A copy of the federal permit including the experimental label;
    2. A copy of the proposed experimental program for New York, including amounts and acreage of use, name, address, and phone number of the person supervising the program in New York and a list of cooperators; and
    3. Data summaries of toxicology, environmental toxicology, and environmental fate data for the active ingredient, if such data has not already been submitted to the Department.

  4. The Department must be notified a minimum of five business days in advance of application of EUP pesticides of any changes in the list of cooperators previously approved.

Source: Part 326 Registration and Classification of Pesticides. New York State Department of Environmental Conservation, Albany, NY. Rev. November 1998.