Other Pesticide Product Registrations

Pesticide Product Renewals

Which products must remain registered?

It is the responsibility of the registrant to maintain the registration of a pesticide product which is in the channels of trade in New York State. There is no provision to allow continued sale, distribution, or use if the New York State registration ceases to remain in effect.

When does a product's registration need to be renewed?

• Renewal is required every two years from the date of the first product registration for a particular company.
• A product is considered registered until a registration renewal decision is made so long as a complete renewal application is received prior to the registration expiration date.
• DEC mails pesticide product renewal notices to the registrant address of record approximately three months prior to their expiration date. It is very important that the DEC have the correct address of record for each registrant. Please submit changes of address to the DEC via email.

Renewal Application Requirements

Each renewal application must include:

1. Completed and signed renewal application form. Each product on the renewal form must be marked as renewed (R), discontinued (D), or suspended (S). Registrants must not add products to the renewal form. See below for product registration renewal definitions:
   • Renewed - The product is actively being manufactured, sold, offered for sale, or used in New York State.
   • Discontinued - The product is still in the channels of trade in New York State. However, the registrant is no longer actively manufacturing, selling or distributing the product. Please note there is no mandatory discontinuance period in New York State.
   • Suspended - The product is no longer in the channels of trade, including use. As of the registration expiration date, it will be illegal to sell, offer for sale, distribute, possess, or use the product in New York State.
2. Renewal Fee.
   • The fees are $620 per product, or $600 per product if a copy of the company's signed annual federal income tax return for the previous year is submitted, showing the company's gross annual sales for federal income tax purposes were $3,500,000 or less. Checks are payable to "Commissioner, NYSDEC". Products being suspended carry no renewal application fee as their registration will cease as of the registration expiration date.
     • Please note you can now pay your pesticide product renewal application fees electronically. If you would like to pay your application fee electronically, please do not submit payment with your application. We will email you an invoice that you can pay via physical check, electronic check, debit card or credit card. Please visit the On-Line Invoicing section of the Doing Business with DEC webpage for more information regarding electronic payments. Please note that transaction fees are applied to certain payment types and are listed as a separate transaction during payment. Please see the following table for applicable transaction fees.

FIFRA 2(ee) Recommendations

General Information

Certain limited variations from the use directions specified on pesticide labels are authorized under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Section 2(ee). DEC must review and approve recommendations for the following variations:

• Less than Labeled Rate: Use at any dosage, concentration or frequency less than specified on the labeling.
• Unlabeled Pest: Use against any target pest not specified on the labeling.
• Method of Application: Method of application not prohibited on the labeling.

*Note: Agricultural pesticides may be used at any dosage, concentration or frequency less than specified on the product label without review or approval by the DEC, unless prohibited by the product labeling. Additionally, pesticide products may be mixed with fertilizer without review or approval by the DEC, unless prohibited by the product labeling.

Application Requirements

The following documents must be submitted in order for the DEC to review a proposed FIFRA 2(ee) Recommendation:

1. The proposed recommendation as a .pdf document;
2. Studies and/or data demonstrating that the proposed recommendation will be effective.

There is no fee for submission of FIFRA 2(ee) Recommendations in New York. Proposed recommendations may be submitted to the DEC via email.

Special Local Need (SLN) Applications

A special local need [FIFRA 24(c)] registration of a product will be considered by the DEC only if the applicant can demonstrate that there is an existing or imminent pest problem in New York that cannot be managed by a federally registered product.

How to Apply

• The materials that are required for submission of an SLN application are listed on the back page of the Pesticide Product Registration Application (PDF, 104 KB).
• Justification - If the local need within New York State can be justified by a third party research institution such as Cornell Cooperative Extension and supported by the affected grower/stakeholder group, this would also be informative to DEC.
• Supporting Data - DEC may have an adequate assessment of the active ingredient and use pattern for human health; eco-toxicity; and environmental fate if there has been a recent new active ingredient (NAI) or major change in labeled use (MCL) review conducted. Otherwise this data may need to be submitted.
• Efficacy data - Demonstrates control of the pest for which the special local need is requested.
• Residue data - If applying for use on food crops.
• Comparative assessment - The SLN labeled use of the product versus the current federally registered products available to New York State growers/stakeholders.

Contact Us for Guidance

SLN applications are not always straightforward and may require some discussion with one of our senior staff to better determine the appropriate information that must be included in the application package. Call (518) 402-8768 to speak with staff regarding SLN registrations.

Where to find currently registered SLNs

Currently registered SLNs can be viewed through the NYSPAD page.

Section 18

"Section 18" refers to Section 18 of FIFRA which authorizes the United States Environmental Protection Agency (USEPA) to allow States to use a pesticide for an unregistered use for a limited time if USEPA determines that emergency conditions exist. These are very special registrations which are usually initiated and supported by Cornell University in response to an emergency.

Experimental Use Permit (EUP) Product Application

It is the intention of the DEC to obtain all information necessary to ensure the proper use of new pesticide chemicals without inhibiting research in New York State. An Experimental Use Permit (EUP) allows manufacturers to field-test pesticides under development.

• Manufacturers of conventional pesticides are required to obtain experimental use permits before testing new pesticides or new uses of pesticides.
• An EUP is required, if conducted on a national level, on ten acres or more of land or one acre or more of water. Biopesticides also require an EUP when used in experimental settings.
• All experimental products for which a Federal 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.

Minimum Risk Pesticides

Currently, the DEC does not require registration of Minimum Risk Pesticide products, which are also sometimes referred to as 25(b)'s. However, products must conform to the USEPA exemption guidelines.

What Should I Know about Minimum Risk Pesticides?

• Products must only contain permitted active and inert ingredients, and they must appear on the label as listed in the USEPA guidance. For example garlic must appear as "garlic" and not "Allium sativum", the scientific name for garlic.
• The percent (%) by weight of each active ingredient and name of each inert ingredient must be listed on the label.
• Labels must contain adequate use directions and cannot contain any false and/or misleading statements.
• Products cannot be used on food and/or feed crops unless there is an appropriate tolerance or exemption from tolerance in accordance with FIFRA. The USEPA denotes which active ingredients are allowed for use on food and/or feed crops.
• Active ingredients and inert ingredients are not interchangeable on the pesticide label. An active ingredient cannot be listed as an inert ingredient in order for the product to be considered exempt from registration. For example diatomaceous earth, acetic acid, and wintergreen oil are not exempt active ingredients and must not be listed as an inert ingredient if that is not their actual purpose in the product.
• Products not conforming to all exemption guidelines would not be considered a Minimum Risk Pesticide exempt from registration and would require USEPA registration as well as subsequent NY state registration.

All other NYS pesticide use regulations still apply to Minimum Risk Pesticides such as:

• Minimum Risk Pesticides applied commercially or for hire still require application by a NYS Certified Applicator.
• Certified applicators must maintain adequate daily use records for all pesticides used, including Minimum Risk Pesticides. However, use of Minimum Risk Pesticides are not required to be reported to the DEC as outlined in the Pesticide Reporting Law.

Additional Information on Minimum Risk Pesticides

• Ornamental and turf pesticide applications of Minimum Risk Pesticides may be exempt from the requirements associated with the Neighbor Notification Law.
• Many of these pesticides are allowed for use on grounds and turf at schools and daycare centers.

Please contact the Pesticide Product Registration Section at (518) 402-8768 or via email if there are any questions regarding Minimum Risk Pesticide products.

Change in Formulation

Whenever there is a change in formulation, the updated Confidential Statement of Formula must be submitted to the DEC.

Application Requirements

The following items must be submitted in support of formulation changes:

• Complete revised labeling application form (PDF, 134 KB)
• A compact disc containing the updated Confidential Statement of Formula as a .pdf document.

Reduced Risk Pesticides

The USEPA determines which pesticide active ingredients qualify as Reduced Risk. A Reduced Risk decision is actually made at the use level, for a pesticide/use combination. For more information, visit the USEPA's Reduced Risk webpage.

The following table lists the Reduced Risk active ingredients registered in New York State for turf and ornamentals. The USEPA PC (Pesticide Chemical) Code is a unique chemical code number assigned by the USEPA to a particular pesticide active ingredient and can be used in product registration searches. Any pesticide product used in New York State, including Reduced Risk pesticides, must be registered with the DEC. Verify registration status and possible restricted use classification prior to purchase and use.

Biopesticides

What are biopesticides?

Biopesticides include:

• naturally occurring substances that control pests (biochemical pesticides),
• microorganisms that control pests (microbial pesticides), and
• pesticidal substances produced by plants containing added genetic material (plant-incorporated protectants) or PIPs.

Please visit the USEPA website for more information (Note: Leaving DEC website).

Fact sheets on biopesticide active ingredients can be found through the USEPA Pesticide Chemical Search webpage. There are several searches that are available. Enter a chemical name and look under the "Regulatory Actions" tab for any available fact sheets. In addition, all biopesticides can be listed by using the "Filter by Pesticide Type" link on the right side of the page. From this list, you can access information about each ingredient.

Biopesticides and the Neighborhood Notification Law

In New York State, if a commercial lawn applicator uses certain pesticides defined in the Neighbor Notification Law and regulations, the applicator is exempted from the requirement to provide 48 hour written notice to neighbors.
The exempted pesticides include:

• certain antimicrobial pesticides,
• certain pesticides that meet all of the requirements for Minimum Risk Pesticides, and
• certain pesticides that meet the USEPA requirements for Reduced Risk Pesticides or Biopesticides.

Please visit DEC's Neighbor Notification Law page for more information.