AGRICULTURE
AND HORTICULTURE
CHAPTER 34
PESTICIDES AND CHEMIGATION
22-3402.Registration -- Labels -- Information required -- Fees. (1) Any pesticide which
is distributed within this state shall be registered with the department,
and such registration shall be renewed annually.
(2) The
registrant shall file with the department a statement including:
(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;
and
(b) the
name of the pesticide; and
(c) a complete
copy of the labeling except for annual renewals where the registrant
has certified that the product label on file with the department is
unchanged; and
(d) if requested
by the director the registrant shall furnish efficacy data upon which
all the label claims are based for those products registered for special
local needs as provided for in Section 24(c) of the Federal Insecticide,
Fungicide, Rodenticide Act; and
(e) such
other information as the director may require.
(3) Contents
of the label:
(a) All
pesticide labels shall contain statements, words, graphic material
and any other information required by federal laws; and
(b) all
labels for spray adjuvants shall contain but are not limited to:
1. The name
of the pesticide; and
2. the name
and address of the manufacturer. An unqualified name and address listed
on the label shall be considered the manufacturer’s name and
address; and
3. the registrant’s
name and address. If the registrant’s name appears on the label
and the registrant is not the manufacturer, it must be qualified by
appropriate wording such as "packaged for or distributed by";
and
4. the net
contents; and
5. the name
and type of functioning agents. If more than three (3) agents are
present, only the three (3) principal agents need be named; and
6. the total
percentage of constituents ineffective as a spray adjuvant; and
7. directions
for use.
(4) Pesticides
which have identical ingredient statements, identical label claims,
are manufactured by the same company, and the labels of which bear
a designation identifying the products as the same pesticide may be
registered as a single pesticide provided the additional product names
and labels are supplied and specified as one (1) pesticide.
(5) The
director may register a pesticide if he determines that, when considered
in connection with any restrictions imposed under section 22-3419, Idaho
Code: (a) Its
composition is such as to warrant the proposed claims for it; and
(b) its
labeling and other material required to be submitted comply with requirements
of federal law and Idaho law; and
(c) it will
not cause an unreasonable adverse effect on the environment; and
(d) in the
case of an application for registration for a special local need:
1. A special
local need exists, and
2. authority
to issue the registration in question has been obtained from the administrator
of EPA, pursuant to Section 24(c), Federal Insecticide, Fungicide,
Rodenticide Act.
(6) The
registrant shall pay an annual registration fee as prescribed by rule.
(7) If the
application for renewal is not filed with the department prior to
January 1 of each year a late penalty fee of five dollars ($5.00)
per product shall be assessed and added to the original fee and shall
be paid prior to the issuing of the renewal registration. No penalty
fee shall be assessed if the applicant furnishes an affidavit stating
that he did not distribute such unregistered pesticide subsequent
to the expiration of registration of that pesticide.
(8) The
director, whenever he deems it necessary in the administration of
this act, may require the submission of the complete formula of any
pesticide.
(9) A registration
shall expire on December 31 following issuance unless the registration
has been suspended or revoked as provided for in paragraph (10) of
this section.
(10) Refusal to
register, suspension:
(a) If it
does not appear to the director that the composition of the pesticide
is such as to warrant the proposed claims for it, or if the pesticide
and its labeling and other material required to be submitted do not
comply with the provisions of this act or rules adopted thereunder,
he shall notify the applicant of the manner in which the pesticide,
labeling or other material required to be submitted fails to comply
with the provisions of this act so as to afford the applicant an opportunity
to make the necessary corrections. If, upon receipt of such notice,
the applicant does not make the required changes, the director may
refuse to register the pesticide. The applicant may request a hearing
as provided for in the provisions of chapter 52, title 67, Idaho
Code. (b) When
the director determines that a pesticide or its labeling does not
comply with the provisions of this act or the rules adopted thereunder,
or when necessary to prevent unreasonable adverse effects on the environment,
he may suspend, revoke, or modify the registration of such pesticide
in accordance with the provisions of chapter 52, title 67, Idaho
Code. (11) Exemptions:
(a) The
following pesticides are exempt from subsection (1) of this section:
1. A pesticide
that is shipped intrastate from one plant to another operated by the
same person solely for the purpose of repackaging or for use as a
constituent part of another pesticide produced at the second plant;
and
2. a pesticide
labeled for experimental use only under the provisions of Section
5 of the Federal Insecticide, Fungicide, Rodenticide Act or section 22-3403, Idaho
Code; and 3. a pesticide
that is transported through the state to a destination outside of
the state; and
4. a pesticide
that is manufactured within the state solely for the purpose of exportation.
(b) Federal,
state of Idaho, and other governmental agencies are exempt from subsections
(6) and (7) of this section.
Idaho Statutes