3 Pa. Stat. § 111.25a

Current through P.A. Acts 2023-32
Section 111.25a - Registration
(a) Every pesticide which is distributed in this State shall be registered with the secretary, subject to the provisions of this act. Such registration shall be renewed annually prior to January 1, but registration is not required if a pesticide is shipped from one plant or warehouse to another plant or warehouse operated by the same person and used solely at such place or warehouse as a constituent part to make a pesticide which is registered under the provisions of this act or if the pesticide is distributed under the provisions of an experimental use permit issued under section 7 of this act or an experimental use permit issued by the Federal Environmental Protection Agency.
(b) The applicant for registration shall file a statement with the secretary which shall include:
(1) The name and address of the applicant and the name and address of the person whose name will appear on the label, if other than the applicant's.
(2) The name of the pesticide.
(3) Other information which the secretary determines is necessary based on a validated test or other significant evidence raising prudent concerns of unreasonable adverse risk to people or to the environment.
(4) A complete copy of the labeling accompanying the pesticide and a statement of all claims to be made for it, including the directions for use and the use classification as provided for in the "Federal Insecticide, Fungicide, and Rodenticide Act of 1947," (61 Stat. 163, 7 U.S.C. § 136 et seq.).
(c) The secretary shall require the submission of a list of all active and inert ingredients of all pesticides to be registered and may, when he deems it necessary, require the submission of the complete formula.
(d) The secretary may require a full description of the tests made on any pesticide and the results thereof upon which the claims are based. In the case of renewal of registration, a statement shall be required only with respect to information which is different from that furnished when the pesticide was registered or last reregistered.
(e) The secretary may prescribe other necessary information by regulation.
(f) The applicant desiring to register a pesticide shall pay an annual registration fee of twenty-five dollars ($25) to the secretary for each pesticide registered for such applicant. All such registrations shall expire on December 31 of any one year, unless sooner cancelled. A registration for a special local need pursuant to subsection (h) which is disapproved by the administrator of the Federal Environmental Protection Agency shall expire on the effective date of the administrator's disapproval.
(g) Any registration approved by the secretary and in effect on December 31 for which a renewal application has been made and the proper fee paid shall continue in full force and effect until such time as the secretary notifies the applicant that the registration has been renewed, or otherwise denied, in accord with the provisions of section 6 of this act. Forms for reregistration shall be mailed to registrants at least thirty days prior to the due date.
(h) Provided the Commonwealth is authorized by the administrator of the Federal Environmental Protection Agency to register pesticides to meet special local needs pursuant to section 24(c) of the "Federal Insecticide, Fungicide, and Rodenticide Act of 1947," the secretary shall require the information set forth under subsections (b), (c), (d) and (e) of this section and shall, subject to the terms and conditions of authorization, register such pesticide if he determines that:
(1) Its composition is such as to warrant the proposed claims for it.
(2) Its labeling and other material required to be submitted comply with the requirements of this act.
(3) It will perform its intended function without unreasonable adverse effects on the environment.
(4) When used in accordance with widespread and commonly recognized practice, it will not generally cause unreasonable adverse effects on the environment.
(5) The proposed classification for general use or for restricted use, or for both, is in conformity with section 3(d) of the "Federal Insecticide, Fungicide, and Rodenticide Act of 1947."
(6) A special local need exists.
(i) The secretary shall not make any lack of essentiality a criterion for denying registration of any pesticide. Where two pesticides meet the requirements of this section, one should not be registered in preference to the other.

3 P.S. § 111.25a

1974, March 1, P.L. 90, No. 24, § 5.1, added 1986, Dec. 12, P.L. 1542, No. 167, § 3, effective in 90 days.