Section 0080-09-03-.03 - PESTICIDE REGISTRATIONS(1) A person shall not distribute, sell, or offer for sale pesticides within the state unless the pesticide is registered with the department or the person or product is exempt from registration under the Act.(2) Application for registration shall be made on forms provided by the department, which shall be completed in full and may include:(a) Name of the registrant;(b) Date of birth of any registrant who is an individual or a partner in a general partnership;(c) Proof of one of the following for any registrant who is not an individual or a partner in a general partnership:1. Entity registration in its state of incorporation; or,2. Entity's business license issued by a local governmental authority;(d) Contact information for registrant, to include name of person legally responsible for applicant's operations, telephone number, email address, and address of the principal place of business;(e) Address of any location used by registrant in the manufacture, sale, holding, or distribution of pesticides;(f) Pesticide name and copy of its label; and,(g) Other information as required by the department or the Act.(3) Registrants shall notify the department of any changes to the information or contents of an application within 30 days after the change takes place.(4) Registrants shall include with their application payment of a fee as appropriate for the following. (a) Pesticide Manufacturer Registration. A pesticide manufacturer registration is required per pesticide product for any person who produces a pesticide that is packaged and sold, offered for sale, distributed, or transported in commerce within the state. Applicants shall submit with their application a pesticide registration statement in accordance with the Act. The fee for a pesticide manufacturer registration is a Tier 5 annual fee under T.C.A. § 43-1-703(f). Pesticide manufacturer registrations expire on June 30 following their issuance. Applicants for renewal shall submit the appropriate annual fee to the department on or before July 1 of each year. If an applicant for renewal fails to pay the annual fee by the following July 16, the applicant shall also be required to pay a late charge under T.C.A. § 43-1-703 prior to renewal of the applicant's registration.(b) 24-C Label Registration. A 24-C is a special local needs label for use of a pesticide not otherwise permitted or controlled by the pesticide's federally approved label. A 24-C label operates as a supplemental label and is binding on the pesticide's use within the state. A 24-C label is read in conjunction with and not in lieu of the federally approved label; however, for any conflicting provisions between the two labels, the 24-C label shall control. Any person holding a pesticide manufacturer registration may request a 24-C label for the registered pesticide. 24-C label registrations expire five years from their date of issuance. The fee for a 24-C label registration is a Tier 6 fee under T.C.A. § 43-1-703(f).(5) The department may deny any application for a registration that is not completed in accordance with this rule.Tenn. Comp. R. & Regs. 0080-09-03-.03
New rules filed September 27, 2021; effective 12/26/2021.Authority: T.C.A. §§ 4-3-203, 43-8-104, 43-8-106, and 43-8-113.