Rules and Regulations of the State of Georgia
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Subject 40-11-4 REGISTRATION

Rule 40-11-4-.01 Products Requiring 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.

Rule 40-11-4-.02 Registration Procedures and Fee

(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.

Rule 40-11-4-.03 Duration of Registration

(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.

Rule 40-11-4-.04 Reregistration

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.

Rule 40-11-4-.05 Repealed

Rule 40-11-4-.06 Repealed