§ 33-0704 — Review of applications to register pesticides

§ 33-0704. Review of applications to register pesticides.\n 1. For registration applications subject to review pursuant to\nsubdivisions two through five of this section, an application for\npesticide registration shall be determined by the commissioner to be\ncomplete or incomplete within sixty days of receipt of an application\nfor registration. If the commissioner does not issue a determination of\ncompleteness or incompleteness within sixty days of receipt of an\napplication for registration, the application shall be deemed complete.\nUpon reaching a determination of completeness or incompleteness, the\ncommissioner shall send written notice to the applicant. If the\napplication is determined to be incomplete, the commissioner shall\ninclude a statement of the reasons for which the application was\ndetermined to be incomplete. The resubmission of the application or the\nsubmission of additional information in response to a request for\nadditional information shall commence a new sixty calendar day period\nfor department review of the additional information for purposes of\ndetermining completeness.\n 2. The commissioner shall issue or deny registration of a pesticide\nwhich contains an active ingredient not previously registered by the\ncommissioner or which contains an active ingredient previously\nregistered for which a major change in labeling is proposed within one\nhundred fifty days of a determination that such application is complete.\nIf registration of such pesticide is not granted or denied within such\nperiod, the applicant may submit to the commissioner, in the form\nprescribed by the commissioner, a request to grant or deny the\nregistration. If the registration is not granted or denied within thirty\ndays following the receipt of such a request, the registration shall be\ndeemed granted. Any denial of registration shall specify the grounds for\ndenial.\n 3. The commissioner shall issue or deny registration of a pesticide to\nmeet a special local need within sixty days of a determination that such\napplication is complete. If registration of such pesticide is not\ngranted or denied within such period, the applicant may submit to the\ncommissioner, in the form prescribed by the commissioner, a request to\ngrant or deny the registration. If the registration is not granted or\ndenied within ten business days following receipt of such a request, the\nregistration shall be deemed granted. Any denial of registration shall\nspecify the grounds for denial.\n 4. The commissioner shall issue or deny registration of a pesticide\nwhich contains an active ingredient previously registered and which does\nnot propose a major change in labeling within ninety days of a\ndetermination that such application is complete. If registration of such\npesticide is not granted or denied within such period, the applicant may\nsubmit to the commissioner, in the form prescribed by the commissioner,\na request to grant or deny the registration. If the registration is not\ngranted or denied within thirty days following the receipt of such a\nrequest, the registration shall be deemed granted. Any denial of\nregistration shall specify the grounds for denial.\n 5. The commissioner shall grant or deny registration of amended\nlabeling of a pesticide product previously registered, other than a\nmajor change in labeling, within thirty days following a determination\nthat the application to register the amended labeling is complete. If\nregistration of such amended labeling is not granted or denied within\nthirty days of a determination that the application is complete, the\napplicant may submit, in the form prescribed by the commissioner, a\nrequest to grant or deny registration of the amended labeling. If\nregistration of the amended labeling is not granted or denied within\nthirty days following receipt of such a request, the registration shall\nbe deemed granted. Any denial shall specify the grounds for denial.\n 6. At any time during the review of an application to register a\npesticide the commissioner may request reasonable additional information\nfrom the applicant with regard to any matter contained in the\napplication when such additional information is necessary for the\ncommissioner to make a decision on the registration application. Such\nrequest shall not extend any time period within which a registration\ndecision must be made.\n 7. A request that the commissioner apply for an emergency exemption\nfrom a federal act providing for the registration of pesticides for a\nuse of a pesticide for which no registration has been issued under such\nfederal act shall be filed with the commissioner at least one hundred\nfive days prior to the date on which such use is proposed to commence.\nWithin thirty days of receipt of such a request, the commissioner shall\ndetermine whether the materials submitted with the request are adequate\nto support an application for an emergency exemption, and shall so\ninform the person submitting the request. If a request is determined to\nbe adequate to support an application for an emergency exemption, an\napplication shall be filed by the commissioner at least sixty days prior\nto the date upon which such use is proposed to commence.\n 8. Any time period specified in this section may be extended with the\nconsent of the applicant.\n 9. The commissioner shall promulgate rules and regulations necessary\nand appropriate to carry out the purposes of this title, which shall\ninclude a definition of a complete application to register a pesticide.\nRegulations defining a complete application to register a pesticide\nshall be promulgated not later than April 1, 1993.\n