3-351

3-351. Registration; fee; confidential
information

A. Every pesticide that is distributed shall be registered with the division. The
director may provide by rule for registrations having a term of one or more years and may
prescribe the date on which registrations expire.

B. The registrant shall file with the division a statement including:

1. The name and address of the registrant and the name and address of the person
whose name will appear on the label, if other than the registrant.

2. The name of the pesticide.

3. A complete copy of the labeling accompanying the pesticide and a statement of
all claims to be made for it including directions for use. If the registrant distributes
labels in a language in addition to English, the registrant shall provide a copy of both
labels with a signed statement that the label directions have the same meaning and
provide the same use directions as on the written English label.

4. If requested by the division, a full description of the tests made and the
results of those tests on which the claims are based.

C. For a renewal of registration:

1. A statement shall be required only with respect to information that is different
from that furnished when the pesticide was registered or last reregistered.

2. If requested by the director, a complete copy of labeling shall be submitted.

D. Any person desiring to register under this article shall pay to the division a
registration fee of one hundred dollars per year for each pesticide. The monies
collected from registration fees shall be allocated as follows:

1. Twenty-five dollars for each year of the registration term shall be allocated
pursuant to section 3-350.

2. Seventy-five dollars for each year of the registration term shall be deposited
in the water quality assurance revolving fund established by section 49-282.

E. All federal, state and county offices shall register without fee all pesticides
sold at cost by them.

F. If the director deems it necessary in the administration of this article, the
director may require the submission of the complete formula of any pesticide or the
confidential statement of formula and the analytical methods for the analysis of the
active ingredients in the formulation. For any product having a federal registration,
the director may request, on reasonable cause, the analytical methods for the analysis of
residues of the active ingredients of the pesticide in environmental media provided that
this information has been developed by the applicant and submitted to the United States
environmental protection agency. Information provided by the applicant pursuant to this
section shall be afforded applicable trade secret and confidentiality protections. Other
products exempted from federal registration requirements and required to be registered
under this section shall be subject to this subsection.

G. If it appears to the director that the composition of the article is such as to
warrant the proposed claims for it and if the article and its labeling and other material
required to be submitted comply with the requirements of section 3-352, the division
shall register the article. If the director finds that the pesticide does not warrant
the proposed claims, the director may request a full description of the tests conducted
and the results of the tests on which the claims are based. If the pesticide or its
labeling and other material that are required to be submitted do not comply with this
article, the director shall notify the applicant of the manner in which the pesticide,
labeling or other material fails to comply with the law to afford the applicant an
opportunity to make the necessary corrections. If the applicant does not make the
corrections and cannot support the claim on the label, the director may refuse to
register the pesticide.

H. In submitting data required by this article, the applicant shall clearly mark
any portions that are trade secrets or commercial or financial information. The
applicant shall identify as confidential information any such marked material and submit
it separately from other material required to be submitted under this article. The
information shall be kept confidential by the department unless written permission to
release the information is granted by the registrant or on order of a court of
jurisdiction.

I. In order to protect the public, the associate director, after a hearing, may
cancel the registration of a pesticide. The associate director shall cancel the
registration of a pesticide on notification by the director of environmental quality
pursuant to section 49-306 or 49-309.

J. Notwithstanding any other provision of this article, registration is not
required in the case of a pesticide shipped from one plant within the state to another
plant within the state operated by the same person.

K. A registrant who discontinues distribution of a pesticide shall continue its
registration in this state for three years after the discontinuation to allow the
remaining product to move through the channels of trade. The registrant shall notify the
appropriate entities within the channels of trade of the effective date of the
discontinuation.