§33-0723. Experimental Use Permits
- 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.
- 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.
- 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.
- 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
- 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:
- For experimental programs conducted on property owned or managed by registrants
or recognized research institutions, no permit or notification requirements apply.
- 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.
- In addition to the requirements of section 326.15, an applicant for registration of an experimental use product
must provide the following information:
- A copy of the federal permit including the experimental label;
- 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
- Data summaries of toxicology, environmental toxicology, and environmental fate data
for the active ingredient, if such data has not already been submitted to the
- 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.