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326.21 Special Local Need Registrations

In addition to the information required in section 326.15 (see below), applications to register a product for a special local need must provide the following information:

  1. Proposed label or supplemental labeling;
  2. EPA application for notification of state registration of a pesticide to meet a special local need on the appropriate federal form;
  3. The following data supporting the proposed use:

    1. Efficacy data;
    2. Crop residue data, if the use is a food or feed use and involves an additional crop, or if there is a change in application to a food or feed crop that could result in increased crop residues;
    3. Human health effects and toxicology data, if the use involves a change in use pattern or could result in increased exposure to humans;
    4. Environmental fate data, if the use involves a change in use pattern, or if the proposed use represents a significant increase in the dosage rate for an existing federally labeled use; and
    5. Data on impacts to non-target organisms, if there is a change in use pattern to one involving outdoor use or if the use could result in increased exposure to non-target organisms; and

  4. A detailed justification of the special local need including:

    1. A discussion of why existing federally registered products will not meet the need; and
    2. A discussion of the nature of the state or sub-state need that cannot be met by an EPA registration.

326.15 Application Requirements for All Pesticide Product Registrations.

  1. A separate application must be submitted for each of the following types of registration. All products within each type may be submitted together in one application.

    1. Registration of pesticide products with an active ingredient not previously registered by the Department;
    2. Initial registration or amended registration involving a major change in labeling for a previously registered active ingredient;
    3. Initial registration of pesticide products containing active ingredients currently registered by the Department and not involving a major change in labeling;
    4. Amendment to an existing registration requiring a new registration application for New York State, i.e., product name change, EPA registration number change, or change in ownership of the pesticide product;
    5. Renewals of registrations;
    6. Special local need registrations; and
    7. Products labeled under an experimental use permit issued by an agency of the United States Government.

  2. Application packages must be clearly identified as to the registration type listed in subdivision (a) of this section.
  3. The applicant must submit, in intact physical condition and in the format prescribed by the commissioner, the following information, forms and fees with all types of registration applications:

    1. A completed pesticide registration application form listing the names and EPA registration numbers of each pesticide product proposed for registration;
    2. A completed Department product data sheet for each pesticide product to be registered;
    3. One copy of the most current EPA approved labeling for each pesticide product to be registered. EPA approved labeling consists of an EPA stamped "accepted" label including any comment letter from EPA, letter of amendment via notification, or EPA policy notice. If the product proposed to be registered is a supplemental distributor product, the applicant must submit, or have submitted on their behalf, the EPA approved labeling for the basic product upon which the supplemental distributor label is based;
    4. Three copies of the final printed labeling for each pesticide product to be registered. Accurate facsimiles are acceptable where it is impractical to submit an actual label. A reduced size copy or facsimile must be submitted if any label exceeds 11 by 17 inches. If use directions vary on different container sizes, the applicant must submit labels for each size;
    5. A copy of the final label text on electronic media (such as computer disk), if requested by the commissioner;
    6. A copy of the current EPA confidential statement of formula on the appropriate federal form for each pesticide product;
    7. A copy of the U.S. EPA Notice of Pesticide Registration; and
    8. The registration application fee as required by law, except that a registration application fee is not required for minor registration amendments as defined in subdivision 326.l(p).

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