Pesticides Section
Pesticide Registration
The Section's Registration Unit is responsible for reviewing pesticide labels
and determining whether they meet state and federal labeling requirements.
Only those pesticides that have met the U.S. Environmental Protection Agency's
battery of tests and have been approved for federal registration are eligible
to be registered in the state. Specialists review over 12,000 product labels
annually to ensure that necessary precautionary wording, environmental warnings
and use information appears on the label. The label is an important regulatory
tool that enables the Department to take enforcement action for violations regarding
safety, environmental protection and use directions that appear on the label.
This exhaustive review process provides an additional layer of protection to the
pesticide user by ensuring that only properly registered and labeled products are
eligible for sale.
In addition to reviewing labels, specialists also assist in providing label information to emergency and medical personnel in the case of pesticide emergencies and suspected exposures. Getting prompt and accurate information to emergency personnel, physicians and veterinarians on a pesticide; is critical in responding to these events.
Registration specialists also issue the Stop Sale, Stop Use, or Removal Orders on pesticides that have not been properly registered for sale in our state or that bear misbranded labeling. If products have not been properly registered (fees have not been paid), then there is a good chance that the product label has not undergone the aforementioned review process.
Pesticide Registration
The "North Carolina Pesticide Law of 1971" requires all pesticides which are distributed, sold, or offered for sale within the state to be registered. Applications submitted for registration are thoroughly reviewed to ensure that all pesticide labels meet Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) requirements. North Carolina DOES NOT accept registration for mole control products, as the Eastern Star-Nosed Mole and the Great Dismal Swamp Shrew are threatened species in this state. North Carolina DOES require registration of products exempted under FIFRA Section 25(b), or under 40 CFR 152.25.
Registrants must submit a copy of EPA-stamped, approved labeling and the end-user labeling, the corresponding MSDS sheets, two copies of the application, and the appropriate fees for each product. Fees consist of a $100 registration fee and a Pesticide Environmental Trust Fund (ETF) fee. ETF fees are $25 per product if sales within the state are less than $5000, or $50 per product if sales meet or exceed $5000.
If unregistered products are found within the state, a "Stop Sale, Stop Use, or Removal Order" is issued. In addition, a $200 penalty fee is assessed for each product found unregistered in the
state.
For further information, please contact Mr. Lee Davis, Registration Manager, at (919)733-3556 or send email to: Lee.Davis@ncmail.net.
Product Registration Form, and instructions for registering a product. (Instruction pages 1, 2, & 3).
Memo to Termiticide Registrants
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Special Local Need Registrations Under FIFRA 24(c)
Section 24(c) of FIFRA, the federal pesticide law, specifies that a state may provide registration for additional uses of federally registered pesticides formulated for distribution and use within the state to meet a special local need. These special registrations may be approved for the following:
Special Local Need is defined as "... an existing or imminent pest problem within a state for which the state lead agency, based upon satisfactory supporting information, has determined that an appropriate federally registered pesticide is not sufficiently available."
(A) "...existing or imminent pest problem..." means a problem which already exists or is likely to exist.
(B) "...based upon satisfactory information an appropriate federally registered pesticide is not sufficiently available..." means a state can document that a federally registered product is not available in the state for the desired site(s) to adequately control the target pest(s), or a registered product cannot be applied without causing unacceptable risks to human health or to the environment, or is necessary to maintain an IPM, resistance management, or minor use pest control program, or could be replaced by a formulation that poses less risk to man or the environment.
The registrations must be supported by data, and the need must be independently verifiable. The Registration, Licensing, and Information Unit is responsible for approving these types of registrations. Once a Special Local Need use is approved by both the state and the EPA, labeling must be in possession of the user while the pesticide is used under the Special Local Need conditions.
The following list is provided for reference only and is subject to change at
any time. If you have questions about a specific North Carolina 24(c)
registration, please contact Mr. Lee Davis, Registration Manager, (919)733-3556 or send e-mail to: lee.davis@ncmail.net.
List of North Carolina Special Local Need Registrations [Active 24(c) Registrations]
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Emergency Exemptions Under FIFRA Section 18
Emergency Exemptions Listings
Under FIFRA Section 18, federal and state government may be allowed the use of a pesticide in emergency conditions, where EPA has exempted the pesticide from the requirement of registration. An emergency condition is defined as an urgent, non-routine situation that requires the use of a pesticide and is deemed to exist when:
1. No effective pesticides are available that have labeled uses registered for control of the pest under the conditions of emergency; and
2. No economically or environmentally feasible alternative practices which provide control are available and the situation involves the introduction or dissemination of a pest new to or not theretofore known to be widely prevalent or distributed throughout the United States, or will present significant risks to human health, or will present significant risks to threatened or endangered species, beneficial organisms, or the environment, or will cause significant economic loss due to an outbreak or an expected outbreak of a pest, a change in plant growth or development caused by unusual environmental conditions where such change can be rectified by the use of a pesticide.
Emergency exemptions are requested by the state, and approved by the EPA. Data supporting the need for the exemption is submitted to the EPA prior to the approval, which can take up to three months. Once an exemption is approved, labeling must be in hand during any use of pesticide granted a Section 18 Emergency Exemption. Emergency exemptions are time limited, and are generally granted for one-year time periods. For additional information, contact Mr. Lee Davis, Registration Manager, at (919)733-3556 or send e-mail to: Lee.Davis@ncmail.net.
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