206.12 REGISTRATION.
1. Every pesticide which is distributed, sold, or offered for
sale for use within this state or delivered for transportation or
transported in intrastate commerce between points within the state
through any point outside this state shall be registered with the
department of agriculture and land stewardship. All registration of
products shall expire on the thirty-first day of December following
date of issuance, unless such registration shall be renewed annually,
in which event expiration date shall be extended for each year of
renewal registration, or until otherwise terminated; provided that:
a. For the purpose of this chapter, fertilizers in mixed
fertilizer-pesticide formulations shall be considered as inert
ingredients.
b. Within the discretion of the secretary, or the secretary's
authorized representative, a change in the labeling or formulae of a
pesticide may be made within the current period of registration,
without requiring a reregistration of the product, provided the name
of the item is not changed.
2. The registrant shall file with the department a statement
containing:
a. 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.
b. The name of the pesticide.
c. An ingredient statement in which the accepted common name
and percentage by weight of each active ingredient is listed as well
as the percentage of inert ingredients in the pesticides. A separate
inert ingredient statement containing the common name of each inert
ingredient listed in rank order according to weight of each inert
ingredient in the pesticide shall also be submitted to the secretary.
Except as required by subsection 5, the registrant is not required to
state the percentage composition or specific weight of any inert
ingredient within a pesticide. The information required by this
paragraph shall be submitted in a manner and according to procedures
specified by the secretary.
d. A complete copy of the labeling accompanying the pesticide
and a statement of all claims made and to be made for it including
directions for use.
e. A full description of the tests made and results thereof
upon which the claims are based, if requested by the secretary. In
the case of renewal or reregistration, a statement may be required
only with respect to information which is different from that
furnished when the pesticide was registered or last reregistered.
3. a. Upon written request by the director of the department
of natural resources, the secretary shall provide a copy of the
ingredient statement and inert ingredient statement to the
department. Upon written request by the director of the center for
health effects of environmental contamination, the secretary shall
provide a copy of the ingredient statement and inert ingredient
statement to the center.
b. From on and after July 1, 1990, to December 31, 1991, the
identity of an inert ingredient in a specific pesticide shall be
treated as a confidential trade secret which is not subject to
release under chapter 22.
c. On and after January 1, 1992, the identity of an inert
ingredient in a specific pesticide shall be treated as a confidential
trade secret if the following two conditions are met: the registrant
states, at the time of registration, that the inert ingredient is a
confidential trade secret; and the registrant certifies one of the
following:
(1) The registrant has provided to any database system used by a
poison control center operating in this state the information
required by an attending physician to treat a patient for exposure or
adverse reaction to the registrant's product, including the
identification of all ingredients which are toxic to humans.
(2) The registrant operates an emergency information system as
provided in section 139A.21 that is available to poison control
centers twenty-four hours a day every day of the year. The emergency
information system must provide information to medical professionals
required for the sole purpose of treating a specific patient for
exposure or adverse reaction to the registrant's product, including
the identification of all ingredients which are toxic to humans, and
toxicological and medical management information.
d. Poison control centers may share the information provided
by the registrant with an attending physician for the purpose of
treating a specific patient exposed to the registrant's product. The
secretary, the director of the department of natural resources, and
the director of the center for health effects of environmental
contamination shall treat the presence of any inert ingredient in a
particular pesticide that meets the two conditions as a confidential
trade secret which is not subject to release under chapter 22. This
section does not prohibit research or monitoring of any aspect of any
inert ingredient.
e. This section does not prohibit the public disclosure of
research, monitoring, published or summary data relative to any inert
ingredient so long as such disclosure does not link an inert
ingredient to a particular brand of pesticide registered in this
state.
f. This section shall not be construed to prohibit the
release of information independently obtained from a source other
than registrations filed under this chapter which links an inert
ingredient to a pesticide registered in this state.
4. The registrant, before selling or offering for sale any
pesticide for use in this state, shall register each brand and grade
of such pesticide with the secretary upon forms furnished by the
secretary, and the secretary shall set the registration fee annually
at one-fifth of one percent of gross sales within this state with a
minimum fee of two hundred fifty dollars and a maximum fee of three
thousand dollars for each and every brand and grade to be offered for
sale in this state except as otherwise provided. The annual
registration fee for products with gross annual sales in this state
of less than one million five hundred thousand dollars shall be the
greater of two hundred fifty dollars or one-fifth of one percent of
the gross annual sales as established by affidavit of the registrant.
The secretary shall adopt by rule exemptions to the minimum fee.
Fifty dollars of each fee collected shall be deposited in the general
fund of the state, shall be subject to the requirements of section
8.60, and shall be used only for the purpose of enforcing the
provisions of this chapter and the remainder of each fee collected
shall be placed in the agriculture management account of the
groundwater protection fund.
5. The secretary, whenever the secretary deems it necessary in
the administration of this chapter, may require the submission of the
complete formula of any pesticide. If it appears to the secretary
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
this chapter, the secretary shall register the article.
6. If it does not appear to the secretary that the article is
such as to warrant the proposed claims for it or if the article and
its labeling and other material required to be submitted do not
comply with the provisions of this chapter, the secretary shall
notify the registrant of the manner in which the article, labeling,
or other material required to be submitted fail to comply with this
chapter so as to afford the registrant an opportunity to make the
necessary corrections.
7. Notwithstanding any other provisions of this chapter,
registration is not required in the case of a pesticide shipped from
one plant within this state to another plant within this state
operated by the same person.
8. a. Each licensee under section 206.8 shall file an annual
report at the time of application for licensure with the secretary of
agriculture in a form specified by the secretary of agriculture and
which includes the following information:
(1) The gross retail sales of all pesticides sold at retail for
use in this state by a licensee with one hundred thousand dollars or
more in gross retail sales of the pesticides sold for use in this
state.
(2) The individual label name and dollar amount of each pesticide
sold at retail for which gross retail sales of the individual
pesticide are three thousand dollars or more.
b. A person who is subject to the household hazardous
materials permit requirements, and whose gross annual retail sales of
pesticides are less than ten thousand dollars for each business
location owned or operated by the person, shall report annually, the
individual label name of an individual pesticide for which annual
gross retail sales are three thousand dollars or more. The
information shall be submitted on a form provided to household
hazardous materials permittees by the department of natural
resources, and the department of natural resources shall remit the
forms to the department of agriculture and land stewardship.
c. Notwithstanding the reporting requirements of this
section, the secretary of agriculture may, upon recommendation of the
advisory committee created pursuant to section 206.23, and if the
committee declares a pesticide to be a pesticide of special concern,
require the reporting of annual gross retail sales of a pesticide.
d. A person who sells feed which contains a pesticide as an
integral part of the feed mixture shall not be subject to the
reporting requirements of this section. However, a person who
manufactures feed which contains a pesticide as an integral part of
the feed mixture shall be subject to the licensing requirements of
section 206.8.
e. The information collected and included in the report
required under this section shall remain confidential. Public
reporting concerning the information collected shall be performed in
a manner which does not identify a specific brand name in the report.
206.12 REGISTRATION.
1. Every pesticide which is distributed, sold, or offered for
sale for use within this state or delivered for transportation or
transported in intrastate commerce between points within the state
through any point outside this state shall be registered with the
department of agriculture and land stewardship. All registration of
products shall expire on the thirty-first day of December following
date of issuance, unless such registration shall be renewed annually,
in which event expiration date shall be extended for each year of
renewal registration, or until otherwise terminated; provided that:
a. For the purpose of this chapter, fertilizers in mixed
fertilizer-pesticide formulations shall be considered as inert
ingredients.
b. Within the discretion of the secretary, or the secretary's
authorized representative, a change in the labeling or formulae of a
pesticide may be made within the current period of registration,
without requiring a reregistration of the product, provided the name
of the item is not changed.
2. The registrant shall file with the department a statement
containing:
a. 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.
b. The name of the pesticide.
c. An ingredient statement in which the accepted common name
and percentage by weight of each active ingredient is listed as well
as the percentage of inert ingredients in the pesticides. A separate
inert ingredient statement containing the common name of each inert
ingredient listed in rank order according to weight of each inert
ingredient in the pesticide shall also be submitted to the secretary.
Except as required by subsection 5, the registrant is not required to
state the percentage composition or specific weight of any inert
ingredient within a pesticide. The information required by this
paragraph shall be submitted in a manner and according to procedures
specified by the secretary.
d. A complete copy of the labeling accompanying the pesticide
and a statement of all claims made and to be made for it including
directions for use.
e. A full description of the tests made and results thereof
upon which the claims are based, if requested by the secretary. In
the case of renewal or reregistration, a statement may be required
only with respect to information which is different from that
furnished when the pesticide was registered or last reregistered.
3. a. Upon written request by the director of the department
of natural resources, the secretary shall provide a copy of the
ingredient statement and inert ingredient statement to the
department. Upon written request by the director of the center for
health effects of environmental contamination, the secretary shall
provide a copy of the ingredient statement and inert ingredient
statement to the center.
b. From on and after July 1, 1990, to December 31, 1991, the
identity of an inert ingredient in a specific pesticide shall be
treated as a confidential trade secret which is not subject to
release under chapter 22.
c. On and after January 1, 1992, the identity of an inert
ingredient in a specific pesticide shall be treated as a confidential
trade secret if the following two conditions are met: the registrant
states, at the time of registration, that the inert ingredient is a
confidential trade secret; and the registrant certifies one of the
following:
(1) The registrant has provided to any database system used by a
poison control center operating in this state the information
required by an attending physician to treat a patient for exposure or
adverse reaction to the registrant's product, including the
identification of all ingredients which are toxic to humans.
(2) The registrant operates an emergency information system as
provided in section 139A.21 that is available to poison control
centers twenty-four hours a day every day of the year. The emergency
information system must provide information to medical professionals
required for the sole purpose of treating a specific patient for
exposure or adverse reaction to the registrant's product, including
the identification of all ingredients which are toxic to humans, and
toxicological and medical management information.
d. Poison control centers may share the information provided
by the registrant with an attending physician for the purpose of
treating a specific patient exposed to the registrant's product. The
secretary, the director of the department of natural resources, and
the director of the center for health effects of environmental
contamination shall treat the presence of any inert ingredient in a
particular pesticide that meets the two conditions as a confidential
trade secret which is not subject to release under chapter 22. This
section does not prohibit research or monitoring of any aspect of any
inert ingredient.
e. This section does not prohibit the public disclosure of
research, monitoring, published or summary data relative to any inert
ingredient so long as such disclosure does not link an inert
ingredient to a particular brand of pesticide registered in this
state.
f. This section shall not be construed to prohibit the
release of information independently obtained from a source other
than registrations filed under this chapter which links an inert
ingredient to a pesticide registered in this state.
4. The registrant, before selling or offering for sale any
pesticide for use in this state, shall register each brand and grade
of such pesticide with the secretary upon forms furnished by the
secretary, and the secretary shall set the registration fee annually
at one-fifth of one percent of gross sales within this state with a
minimum fee of two hundred fifty dollars and a maximum fee of three
thousand dollars for each and every brand and grade to be offered for
sale in this state except as otherwise provided. The annual
registration fee for products with gross annual sales in this state
of less than one million five hundred thousand dollars shall be the
greater of two hundred fifty dollars or one-fifth of one percent of
the gross annual sales as established by affidavit of the registrant.
The secretary shall adopt by rule exemptions to the minimum fee.
Fifty dollars of each fee collected shall be deposited in the general
fund of the state, shall be subject to the requirements of section
8.60, and shall be used only for the purpose of enforcing the
provisions of this chapter and the remainder of each fee collected
shall be placed in the agriculture management account of the
groundwater protection fund.
5. The secretary, whenever the secretary deems it necessary in
the administration of this chapter, may require the submission of the
complete formula of any pesticide. If it appears to the secretary
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
this chapter, the secretary shall register the article.
6. If it does not appear to the secretary that the article is
such as to warrant the proposed claims for it or if the article and
its labeling and other material required to be submitted do not
comply with the provisions of this chapter, the secretary shall
notify the registrant of the manner in which the article, labeling,
or other material required to be submitted fail to comply with this
chapter so as to afford the registrant an opportunity to make the
necessary corrections.
7. Notwithstanding any other provisions of this chapter,
registration is not required in the case of a pesticide shipped from
one plant within this state to another plant within this state
operated by the same person.
8. a. Each licensee under section 206.8 shall file an annual
report at the time of application for licensure with the secretary of
agriculture in a form specified by the secretary of agriculture and
which includes the following information:
(1) The gross retail sales of all pesticides sold at retail for
use in this state by a licensee with one hundred thousand dollars or
more in gross retail sales of the pesticides sold for use in this
state.
(2) The individual label name and dollar amount of each pesticide
sold at retail for which gross retail sales of the individual
pesticide are three thousand dollars or more.
b. A person who is subject to the household hazardous
materials permit requirements, and whose gross annual retail sales of
pesticides are less than ten thousand dollars for each business
location owned or operated by the person, shall report annually, the
individual label name of an individual pesticide for which annual
gross retail sales are three thousand dollars or more. The
information shall be submitted on a form provided to household
hazardous materials permittees by the department of natural
resources, and the department of natural resources shall remit the
forms to the department of agriculture and land stewardship.
c. Notwithstanding the reporting requirements of this
section, the secretary of agriculture may, upon recommendation of the
advisory committee created pursuant to section 206.23, and if the
committee declares a pesticide to be a pesticide of special concern,
require the reporting of annual gross retail sales of a pesticide.
d. A person who sells feed which contains a pesticide as an
integral part of the feed mixture shall not be subject to the
reporting requirements of this section. However, a person who
manufactures feed which contains a pesticide as an integral part of
the feed mixture shall be subject to the licensing requirements of
section 206.8.
e. The information collected and included in the report
required under this section shall remain confidential. Public
reporting concerning the information collected shall be performed in
a manner which does not identify a specific brand name in the report.
206.12 REGISTRATION.
1. Every pesticide which is distributed, sold, or offered for
sale for use within this state or delivered for transportation or
transported in intrastate commerce between points within the state
through any point outside this state shall be registered with the
department of agriculture and land stewardship. All registration of
products shall expire on the thirty-first day of December following
date of issuance, unless such registration shall be renewed annually,
in which event expiration date shall be extended for each year of
renewal registration, or until otherwise terminated; provided that:
a. For the purpose of this chapter, fertilizers in mixed
fertilizer-pesticide formulations shall be considered as inert
ingredients.
b. Within the discretion of the secretary, or the secretary's
authorized representative, a change in the labeling or formulae of a
pesticide may be made within the current period of registration,
without requiring a reregistration of the product, provided the name
of the item is not changed.
2. The registrant shall file with the department a statement
containing:
a. 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.
b. The name of the pesticide.
c. An ingredient statement in which the accepted common name
and percentage by weight of each active ingredient is listed as well
as the percentage of inert ingredients in the pesticides. A separate
inert ingredient statement containing the common name of each inert
ingredient listed in rank order according to weight of each inert
ingredient in the pesticide shall also be submitted to the secretary.
Except as required by subsection 5, the registrant is not required to
state the percentage composition or specific weight of any inert
ingredient within a pesticide. The information required by this
paragraph shall be submitted in a manner and according to procedures
specified by the secretary.
d. A complete copy of the labeling accompanying the pesticide
and a statement of all claims made and to be made for it including
directions for use.
e. A full description of the tests made and results thereof
upon which the claims are based, if requested by the secretary. In
the case of renewal or reregistration, a statement may be required
only with respect to information which is different from that
furnished when the pesticide was registered or last reregistered.
3. a. Upon written request by the director of the department
of natural resources, the secretary shall provide a copy of the
ingredient statement and inert ingredient statement to the
department. Upon written request by the director of the center for
health effects of environmental contamination, the secretary shall
provide a copy of the ingredient statement and inert ingredient
statement to the center.
b. From on and after July 1, 1990, to December 31, 1991, the
identity of an inert ingredient in a specific pesticide shall be
treated as a confidential trade secret which is not subject to
release under chapter 22.
c. On and after January 1, 1992, the identity of an inert
ingredient in a specific pesticide shall be treated as a confidential
trade secret if the following two conditions are met: the registrant
states, at the time of registration, that the inert ingredient is a
confidential trade secret; and the registrant certifies one of the
following:
(1) The registrant has provided to any database system used by a
poison control center operating in this state the information
required by an attending physician to treat a patient for exposure or
adverse reaction to the registrant's product, including the
identification of all ingredients which are toxic to humans.
(2) The registrant operates an emergency information system as
provided in section 139A.21 that is available to poison control
centers twenty-four hours a day every day of the year. The emergency
information system must provide information to medical professionals
required for the sole purpose of treating a specific patient for
exposure or adverse reaction to the registrant's product, including
the identification of all ingredients which are toxic to humans, and
toxicological and medical management information.
d. Poison control centers may share the information provided
by the registrant with an attending physician for the purpose of
treating a specific patient exposed to the registrant's product. The
secretary, the director of the department of natural resources, and
the director of the center for health effects of environmental
contamination shall treat the presence of any inert ingredient in a
particular pesticide that meets the two conditions as a confidential
trade secret which is not subject to release under chapter 22. This
section does not prohibit research or monitoring of any aspect of any
inert ingredient.
e. This section does not prohibit the public disclosure of
research, monitoring, published or summary data relative to any inert
ingredient so long as such disclosure does not link an inert
ingredient to a particular brand of pesticide registered in this
state.
f. This section shall not be construed to prohibit the
release of information independently obtained from a source other
than registrations filed under this chapter which links an inert
ingredient to a pesticide registered in this state.
4. The registrant, before selling or offering for sale any
pesticide for use in this state, shall register each brand and grade
of such pesticide with the secretary upon forms furnished by the
secretary, and the secretary shall set the registration fee annually
at one-fifth of one percent of gross sales within this state with a
minimum fee of two hundred fifty dollars and a maximum fee of three
thousand dollars for each and every brand and grade to be offered for
sale in this state except as otherwise provided. The annual
registration fee for products with gross annual sales in this state
of less than one million five hundred thousand dollars shall be the
greater of two hundred fifty dollars or one-fifth of one percent of
the gross annual sales as established by affidavit of the registrant.
The secretary shall adopt by rule exemptions to the minimum fee.
Fifty dollars of each fee collected shall be deposited in the general
fund of the state, shall be subject to the requirements of section
8.60, and shall be used only for the purpose of enforcing the
provisions of this chapter and the remainder of each fee collected
shall be placed in the agriculture management account of the
groundwater protection fund.
5. The secretary, whenever the secretary deems it necessary in
the administration of this chapter, may require the submission of the
complete formula of any pesticide. If it appears to the secretary
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
this chapter, the secretary shall register the article.
6. If it does not appear to the secretary that the article is
such as to warrant the proposed claims for it or if the article and
its labeling and other material required to be submitted do not
comply with the provisions of this chapter, the secretary shall
notify the registrant of the manner in which the article, labeling,
or other material required to be submitted fail to comply with this
chapter so as to afford the registrant an opportunity to make the
necessary corrections.
7. Notwithstanding any other provisions of this chapter,
registration is not required in the case of a pesticide shipped from
one plant within this state to another plant within this state
operated by the same person.
8. a. Each licensee under section 206.8 shall file an annual
report at the time of application for licensure with the secretary of
agriculture in a form specified by the secretary of agriculture and
which includes the following information:
(1) The gross retail sales of all pesticides sold at retail for
use in this state by a licensee with one hundred thousand dollars or
more in gross retail sales of the pesticides sold for use in this
state.
(2) The individual label name and dollar amount of each pesticide
sold at retail for which gross retail sales of the individual
pesticide are three thousand dollars or more.
b. A person who is subject to the household hazardous
materials permit requirements, and whose gross annual retail sales of
pesticides are less than ten thousand dollars for each business
location owned or operated by the person, shall report annually, the
individual label name of an individual pesticide for which annual
gross retail sales are three thousand dollars or more. The
information shall be submitted on a form provided to household
hazardous materials permittees by the department of natural
resources, and the department of natural resources shall remit the
forms to the department of agriculture and land stewardship.
c. Notwithstanding the reporting requirements of this
section, the secretary of agriculture may, upon recommendation of the
advisory committee created pursuant to section 206.23, and if the
committee declares a pesticide to be a pesticide of special concern,
require the reporting of annual gross retail sales of a pesticide.
d. A person who sells feed which contains a pesticide as an
integral part of the feed mixture shall not be subject to the
reporting requirements of this section. However, a person who
manufactures feed which contains a pesticide as an integral part of
the feed mixture shall be subject to the licensing requirements of
section 206.8.
e. The information collected and included in the report
required under this section shall remain confidential. Public
reporting concerning the information collected shall be performed in
a manner which does not identify a specific brand name in the report.
