Section 20-2202. PESTICIDE REGISTRATION

 

2202.1  Except as provided in § 2202.2, any pesticide used, manufactured, distributed, sold, shipped, or applied in the District, shall be registered with the District Department of the Environment (Department), including, but not limited to, the following:

 

(a)  Pesticides that are registered with the United States Environmental Protection Agency (EPA) pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA);

 

(b)  Pesticides that are exempt from registration with the EPA under FIFRA; and

(c)Any pesticide that the Department determines should be registered to protect public health, safety, or welfare, or the environment.

 

2202.2Registration of a pesticide under § 2202.1 shall not be required if:

 

(a)  A pesticide is shipped from one plant or warehouse to another plant or warehouse operated by the same person and used solely at the plant or warehouse as a constituent part to make a pesticide that is registered under the provisions of this chapter; or

 

(b) A pesticide is distributed, used, or applied under the provisions of an experimental use permit issued by the EPA, provided that written notification and a copy of the experimental use permit is provided to the Department.

2202.3 If an emergency condition so dictates, the Director of the District Department of the Environment may petition the EPA Administrator for an exemption from any provisions of FIFRA.

 

 

authority

Section 12(a) of the Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; D.C. Official Code § 8-411(a) (2013 Repl.)); Section 11(a) of the Pesticide Education and Control Amendment Act of 2012, effective October 23, 2012 (D.C. Law 19-191; D.C. Official Code § 8-440(a) (2013 Repl.)); Section 103(b)(1)(B)(ii)(II) of the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code § 8-151.03(b)(1)(B)(ii)(II) (2013 Repl.)); the Brownfields Revitalization Amendment Act of 2010 (Brownfields Act), effective April 8, 2011 (D.C. Law 18-369; D.C. Official Code §§ 8-631.01 et seq. (2013 Repl.)); and Mayor’s Order 98-47, dated April 15, 1998, as amended by Mayor’s Order 2006-61, dated June 14, 2006.

source

Final Rulemaking published at 25 DCR 3044 (October 6, 1978), incorporating the text of the Proposed Rulemaking published at 25 DCR 2118 (August 25, 1978); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015).