Current through Register Vol. 46, No. 50, December 11, 2024
Section 53.7 - Test reports and certification(a) Test reports submitted to the commissioner for the purpose of securing approval of a formulation must consist of the results of tests made on five samples and must contain the classification of the formulation as specified in section 53.4. Such report must contain a certification as to the accuracy of the report and that the materials tested comply with the requirements of this Part. Such certification must be made by an independent testing agency, approved by the commissioner, which either physically conducted or observed at least two of the tests and testing equipment even though such tests were physically conducted by the manufacturer, employees of the manufacturer or other persons.(b) Prior to January 1, 1967, test reports submitted to the commissioner for the purpose of securing interim approval of a formulation may be certified by a manufacturer who conducts the tests, provided such tests were conducted after July 1, 1965.(c) If interim approval of a formulation has been obtained pursuant to the procedure specified in subdivision (b) of this section, permanent certification may be obtained by submitting two additional test reports certified by an independent testing agency, approved by the commissioner, which either physically conducted or observed the two tests and testing equipment. Such tests shall be used in conjunction with the five tests previously submitted, and the results of the seven tests must meet the requirements of subdivisions (a) and (b) of section 53.5 before permanent approval will be issued.N.Y. Comp. Codes R. & Regs. Tit. 15 § 53.7