N.Y. Environmental Conservation Law § 33-0704: Review of applications to register pesticides

§ 33-0704. Review of applications to register pesticides.

1. For registration applications subject to review pursuant to

subdivisions two through five of this section, an application for

pesticide registration shall be determined by the commissioner to be

complete or incomplete within sixty days of receipt of an application

for registration. If the commissioner does not issue a determination of

completeness or incompleteness within sixty days of receipt of an

application for registration, the application shall be deemed complete.

Upon reaching a determination of completeness or incompleteness, the

commissioner shall send written notice to the applicant. If the

application is determined to be incomplete, the commissioner shall

include a statement of the reasons for which the application was

determined to be incomplete. The resubmission of the application or the

submission of additional information in response to a request for

additional information shall commence a new sixty calendar day period

for department review of the additional information for purposes of

determining completeness.

2. The commissioner shall issue or deny registration of a pesticide

which contains an active ingredient not previously registered by the

commissioner or which contains an active ingredient previously

registered for which a major change in labeling is proposed within one

hundred fifty days of a determination that such application is complete.

If registration of such pesticide is not granted or denied within such

period, the applicant may submit to the commissioner, in the form

prescribed by the commissioner, a request to grant or deny the

registration. If the registration is not granted or denied within thirty

days following the receipt of such a request, the registration shall be

deemed granted. Any denial of registration shall specify the grounds for

denial.

3. The commissioner shall issue or deny registration of a pesticide to

meet a special local need within sixty days of a determination that such

application is complete. If registration of such pesticide is not

granted or denied within such period, the applicant may submit to the

commissioner, in the form prescribed by the commissioner, a request to

grant or deny the registration. If the registration is not granted or

denied within ten business days following receipt of such a request, the

registration shall be deemed granted. Any denial of registration shall

specify the grounds for denial.

4. The commissioner shall issue or deny registration of a pesticide

which contains an active ingredient previously registered and which does

not propose a major change in labeling within ninety days of a

determination that such application is complete. If registration of such

pesticide is not granted or denied within such period, the applicant may

submit to the commissioner, in the form prescribed by the commissioner,

a request to grant or deny the registration. If the registration is not

granted or denied within thirty days following the receipt of such a

request, the registration shall be deemed granted. Any denial of

registration shall specify the grounds for denial.

5. The commissioner shall grant or deny registration of amended

labeling of a pesticide product previously registered, other than a

major change in labeling, within thirty days following a determination

that the application to register the amended labeling is complete. If

registration of such amended labeling is not granted or denied within

thirty days of a determination that the application is complete, the

applicant may submit, in the form prescribed by the commissioner, a

request to grant or deny registration of the amended labeling. If

registration of the amended labeling is not granted or denied within

thirty days following receipt of such a request, the registration shall

be deemed granted. Any denial shall specify the grounds for denial.

6. At any time during the review of an application to register a

pesticide the commissioner may request reasonable additional information

from the applicant with regard to any matter contained in the

application when such additional information is necessary for the

commissioner to make a decision on the registration application. Such

request shall not extend any time period within which a registration

decision must be made.

7. A request that the commissioner apply for an emergency exemption

from a federal act providing for the registration of pesticides for a

use of a pesticide for which no registration has been issued under such

federal act shall be filed with the commissioner at least one hundred

five days prior to the date on which such use is proposed to commence.

Within thirty days of receipt of such a request, the commissioner shall

determine whether the materials submitted with the request are adequate

to support an application for an emergency exemption, and shall so

inform the person submitting the request. If a request is determined to

be adequate to support an application for an emergency exemption, an

application shall be filed by the commissioner at least sixty days prior

to the date upon which such use is proposed to commence.

8. Any time period specified in this section may be extended with the

consent of the applicant.

9. The commissioner shall promulgate rules and regulations necessary

and appropriate to carry out the purposes of this title, which shall

include a definition of a complete application to register a pesticide.

Regulations defining a complete application to register a pesticide

shall be promulgated not later than April 1, 1993.