Rhode Island § 23-25-6 - Pesticide Control

§ 23-25-6. Registration.

(a) Every pesticide that is distributed in the state shall be registered with the director subject to the provisions of this chapter and shall be categorized for registration purposes. These categories shall be: “consumer protection and health benefits products,” which means all disinfectants, sanitizers, germicides, biocides, and other pesticides labeled for use directly on humans or pets or in or around household premises, and “agricultural and other pesticides,” which means restricted-use pesticides and other pesticides that are not consumer protection and health benefits products. That registration shall be renewed annually prior to January 31; provided, that 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 the plant or warehouse as a constituent part to make a pesticide that is registered under the provisions of this chapter or if the pesticide is distributed under the provisions of an experimental use permit issued under § 23-25-7 or an experimental use permit issued by the EPA.

(b) The applicant for registration shall file a statement with the director that 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, other than the applicant’s;

(2) The name of the pesticide;

(3) Other necessary information required for completion of the department of environmental management’s application for registration form. The director may, upon receipt of an application, designate a pesticide product as a “statewide minor use” product. Such products will be those that, due to limited distribution within the state, do not, in the opinion of the director, warrant payment of the registration fee and surcharge required to register a product within Rhode Island. Upon designating a product as a “statewide minor use” the director shall register the product for sale or distribution while waiving both the registration fee and surcharge. The applicant wishing to have a product so designated shall submit a completed application containing the following information:

(i) The product name;

(ii) EPA registration number, if applicable;

(iii) Description of pest to be controlled, and applicable sites;

(iv) Documentation that the product is not registered due to limited market; and

(v) Explanation as to why there are not effective, reasonable alternative products currently registered;

(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 (FIFRA), 7 U.S.C. § 136a et seq.

(c) The director, when he or she deems it necessary in the administration of this chapter, may require the submission of the complete formula of any pesticide, including the active and inert ingredients.

(d) The director may require a full description of the tests made and the results of the tests upon which the claims are based on any pesticide not registered pursuant to section 3 of FIFRA, 7 U.S.C. § 136a, or on any pesticide on which restrictions are being considered. In the case of renewal of registration, a statement shall be required only with respect to information that is different from that furnished when the pesticide was registered or last reregistered.

(e) The director may prescribe other necessary information by regulation.

(f) The applicant desiring to register a pesticide shall, unless the director has determined the subject product is a “statewide minor use” product pursuant to subsection (b)(3), pay an annual registration fee of fifty dollars ($50.00) to the general treasurer for each pesticide registered for the applicant which shall be credited by the general treasurer to the pesticide relief fund. Annually, on November 1, the general treasurer shall notify the director of the amount of funds contained in the pesticide relief fund. If the pesticide relief fund shall exceed one million dollars ($1,000,000) on that date, the annual registration fee for the next following year commencing December 1 shall be twenty-five dollars ($25.00), which shall become part of the general fund. All registrations shall expire on November 30, of any one year, unless sooner cancelled; provided, that a registration for a special local need pursuant to this section that is disapproved by the administrator, EPA, shall expire on the effective date of the administrator’s disapproval.

(g) Any registration approved by the director and in effect on January 31, for which a renewal application has been made and the proper fee paid, shall continue in full force and effect until any time that the director notifies the applicant that the registration has been renewed, or denied, in accord with the provisions of § 23-25-8. Forms for re-registration shall be mailed to registrants at least thirty (30) days prior to the due date.

(h)(1) Provided the state of Rhode Island is certified by the administrator of EPA to register pesticides pursuant to section 24(c) of FIFRA, 7 U.S.C. § 136v(c), the director shall require the information set forth under subsections (b), (c), (d), and (e) and shall, subject to the terms and conditions of the EPA certification, register the pesticide if he or she determines that:

(i) Its composition is such as to warrant the proposed claims for it;

(ii) Its labeling and other material required to be submitted comply with the requirements of this chapter;

(iii) It will perform its intended function without unreasonable adverse effects on the environment;

(iv) When used in accordance with widespread and commonly recognized practice, it will not generally cause unreasonable adverse effects on the environment; and

(v) A special local need for the pesticide exists.

(2) Prior to registering a pesticide for a special local need, the director shall classify the use of the pesticide for general or restricted use in conformity with section 3(d), 7 U.S.C. § 136a(d), of FIFRA; provided, that the director shall not make any lack of essentiality a criterion for denying registration of any pesticide. Where two (2) pesticides meet the requirements of this subdivision, one should not be registered in preference to the other.

(3) The director may develop and promulgate any other requirements by regulation that are necessary for the state plan to receive certification from EPA.

(i) The director may require that all registrations and fees required by this section be submitted electronically.

(j) In addition to the registration fees, the director may charge a processing fee. The department shall set the amount of such fees through rules and regulations, with processing fees not to exceed five percent (5%) of the registration surcharge per application.