Utah Admin. Code R68-7-3 - Registration of Products
Pesticide products distributed in Utah shall be registered annually with the department.
(1)
Application for registration shall be made to the department on the department
website, or on forms prepared and provided by the department, and shall include
the following information:
(a) the name,
address, telephone number, and email address of the registrant, and the name,
address, telephone number, and email address of the company whose name will
appear on the label, if other than the registrant;
(b) the name of the pesticide product,
including the EPA Registration Number;
(c) a list of the active
ingredients;
(d) if the product is
an RUP, a general use pesticide, or a product claiming a Federal Insecticide,
Fungicide, and Rodenticide Act of 1972 (FIFRA),
7
U.S.C Section 136
et seq.
Section 25(b) exemption; and
(e) a
complete copy of the pesticide product label as it will appear on the pesticide
product.
(2) The burden
shall be on the registrant to notify the department of any changes to their
contact information within 30 days.
(3) The department may require submission of
the complete formula of any pesticide if it is deemed necessary for the
administration of Title 4, Chapter 14, Utah Pesticide Control Act, FIFRA, or to
enforce EPA requirements and guidelines.
(4) The product shall be registered if:
(a) it appears to the department that the
composition of the product warrants the proposed claims for the product;
and
(b) the product, its labeling,
and any other information that may be required to be submitted, complies with
the requirements of Title 4, Chapter 14, Utah Pesticide Control Act, FIFRA, and
E P A rules, requirements and guidelines
(5) The registrant is responsible for the
accuracy and completeness of the information submitted concerning any
application for the registration of a pesticide product.
(6) Once a pesticide product is registered no
further state registration other than annual renewal is required, provided:
(a) the product remains in the manufacturer's
or registrant's original container; and
(b) the claims made for it, the directions
for its use, and other labeling information does not differ in substance from
the representations made in connection with the registration.
(7) If the name of a pesticide
product is changed or there are changes in the product ingredients, a new
registration is required. Other labeling changes do not require a new
registration, but the registrant shall submit copies of any changes to the
department as soon as they are effective.
(8) If a registered pesticide product is to
be discontinued for any reason, except when suspended or canceled by the EP A ,
t h e licensee shall provide notice of discontinuation to the department.
(a) The department requires that a product be
registered for a two-year discontinuation period starting from the date of the
notice of discontinuation.
(b) If a
product is found in commercial trade after the discontinuation period, the
department shall require that the registrant register the product as outlined
in Section
4-14-103.
(c) If a product is suspended or canceled by
the EPA, the product shall be removed as quickly as reasonably possible from
sale in Utah.
(9) The
department may exempt, in its sole discretion, any pesticide that is determined
either:
(a) to be adequately regulated by a
federal agency; or
(b) to be of a
character that is not subject to FIFRA.
(10) A registrant who desires to register a
pesticide to meet special local needs pursuant to FIFRA Section 24(c) shall
comply with Section 4-14-103.
(11)
No registration is required for a pesticide distributed in Utah pursuant to an
experimental use permit issued by the EPA or under Section
4-14-105.
(12) A registration fee determined by the
department, pursuant to Subsection
4-2-103(2),
shall be paid annually for each product.
(13) Each registration is renewed for a
period of one year upon payment of the annual renewal fee determined by the
department, pursuant to Subsection
4-2-103(2).
The renewal fee shall be paid on or before June 30 of each year. If the renewal
of a pesticide registration is not received before July 1 of each year, an
additional fee determined by the department, pursuant to Subsection
4-2-103(2),
shall be assessed and added to the original registration fee, and shall be paid
by the applicant before the registration renewal for that pesticide will be
issued.
Notes
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