Subject 40-11-4 REGISTRATION
| (1) |
No person may distribute in this State,
any pesticide which is not registered with the Commissioner, except as provided
in subsection 2 below. |
| (2) |
The
following pesticides are exempt from the registration requirements:
| (a) |
Pesticides transferred between registered
establishments operated by the same producer for packaging or for use in
another pesticide, provided such pesticides are labeled to clearly show their
identity and the purposes for which they are being transferred. |
| (b) |
Pesticides distributed under an
experimental use permit issued by the Commissioner. |
| (c) |
Pesticides transferred for purposes of
disposal when marked to show "For Disposal Only" and accompanied by sufficient
information to identify product and to insure that product can be handled with
minimum hazard to man or the environment. |
| (d) |
Pesticides intended solely for export
when prepared or packed according to specifications of foreign
purchases. |
| (e) |
Pesticides being
distributed under an emergency exemption under Section 18. |
| (f) |
Pesticides exempt under Section 25b of
FIFRA. |
| (g) |
Any other pesticide
which the Commissioner designates by regulation as being of such nature or
character that registration is not required to carry out the purposes of the
Act. |
|
| (1) |
Who may apply. Any manufacturer or
distributor of a pesticide may apply for the registration of such pesticide.
Application may be filed by applicant or by an agent whom the applicant has
designated by a notarized letter. |
| (2) |
Nonresident applicants. Any applicant not
residing in Georgia or not having a business address in Georgia shall appoint
an Attorney-In-Fact for the purpose of receiving the service of legal process.
Designation shall be on forms furnished by the Department. |
| (3) |
The applicant desiring to register a
pesticide shall pay an annual registration fee of $200.00 for each pesticide
registered for such applicant. If such registration is not renewed prior to
January 1, the registration fee shall be increased to $400.00 and must be paid
by the applicant before a registration is issued. |
| (4) |
Application for Registration. Application
shall be made on forms provided by the Department and shall contain the
following information:
| (a) |
Federally
Registered Pesticides
| 1. |
Name and address of
the person whose name will appear on the label and name and address of the
applicant. |
| 2. |
The name of the
pesticide as it appears on the label. |
| 3. |
The EPA Registration Number. |
| 4. |
The EPA Establishment Number. |
| 5. |
Signature of the applicant. |
| 6. |
Application shall be accompanied by one
copy of the labeling accompanying the pesticide, including all claims,
directions for use and use classification. |
| 7. |
If requested by the Commissioner, the
complete formula including active and inert ingredients. |
| 8. |
In the case of products or product uses
not registered pursuant to Section 3, FIFRA, a description of tests and the
results thereof on which claims are based, including efficacy data, residue
data, human safety data and data supporting that product will perform its
intended function without unreasonable adverse effects on the
environment. |
|
|
| (1) |
Registration shall become effective on
the date issued and shall continue in effect through December 31, or in the
case of multi year registrations, two years following December 31 of the year
in which issued. |
| (2) |
Any pesticide
registered under the Act shall not require any further registration under the
Act by any other persons, provided:
| (a) |
The
pesticide is in the manufacturer's or registrant's original unbroken
container; |
| (b) |
The claims made, its
directions for use, and its use classification do not differ from those made in
conjunction with its registration. |
| (c) |
The product bears labeling accepted in
its registration and otherwise in compliance with the Act. |
|
| (3) |
Changes in the labeling or formulas.
| (a) |
Changes in labeling or formula of a
registered pesticide shall be submitted in advance to the Commissioner. The
registrant shall describe the exact changes and upon request, shall submit test
results to justify such changes. |
| (b) |
After the effective date of any change in
labeling or formulas, the pesticide shall be marketed by the registrant only
under the new claims or formula: Provided, the Commissioner may permit a
reasonable time for disposition of stocks, if in his opinion, such disposition
would not result in any unreasonable adverse effects on man or the
environment. |
|
Forms for renewal shall be mailed to all registrants at least
30 days prior to the expiration date. If an application for reregistration is
not filed and the renewal fee not paid 30 days after the expiration date, the
fee shall be doubled before renewal will be issued.
