Section 20-2203. PROCEDURES FOR PESTICIDE REGISTRATION

 

2203.1 An applicant for registration of a pesticide in the District shall file with the District Department of the Environment (Department), on a form prescribed by the Department, a statement that includes the following information:

 

(a) The name and address of the applicant and any other person whose name will appear on the label;

 

(b)The name of the pesticide;

 

(c) A complete copy of the labeling accompanying the pesticide, a statement of all claims to be made for it, and any directions for use;

 

(d) The use classification of the pesticide, as established under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA);

 

(e) If an agent is acting on behalf of the company registering a pesticide for distribution, sale, or use in the District, a letter of authorization designating the authorized agent;

 

(f) A copy of the Notice of Supplemental Distribution of a Registered Pesticide Product (Environmental Protection Agency (EPA) Form 8750-5), along with the distributor’s label of the EPA-registered product that is being distributed in the District; and

 

(g) Any other necessary information required for completion of the application form for registration, as specified by the Department.

 

2203.2 If requested by the Department, the applicant shall submit a full description of every test conducted with respect to the pesticide, and the results of the tests upon which any claim is based.

 

2203.3 If the Department determines it necessary for approval of a pesticide registration, the Department may require the submission of the complete formula for any pesticide, including the active and inert ingredients. 

 

2203.4 No person shall use or reveal for that person’s own advantage any information relating to the formula of pesticides acquired by the authority of this section, except that this provision shall not be deemed to prohibit the disclosure of information to the Department, to the proper officials or employees of the District, to courts of competent jurisdiction in response to a subpoena, to physicians or pharmacists or other qualified persons for use in the preparation of antidotes, or to any other person when the Department determines that disclosure is necessary to protect the public health, safety, or welfare, or the environment.

 

2203.5 An applicant shall pay an annual registration fee for each pesticide registered by the applicant, as specified in § 2518.

 

2203.6 Each registration approved by the Department and in effect on December 31st, for which a renewal application has been made and the proper fee paid, shall continue in full force and effect until the Department notifies the applicant that the registration has been renewed or denied.

 

2203.7 In renewing a registration, the Department shall only require each applicant to provide information that is different from the information furnished when the pesticide was originally registered or last reregistered in the District.

 

 

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

Section 6 of the Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; 24 DCR 6867 (February 17, 1978)); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015).