§ 918. Registration
(a) Every economic poison that is distributed, sold, or offered for sale within this State
or delivered for transportation or transported in intrastate commerce or between points
within this State through any point outside this State shall be registered in the
Office of the Secretary, and such registration shall be renewed annually, provided
that products that have the same formula are manufactured by the same person, the
labeling of which contains the same claims, and the labels of which bear a designation
identifying the product as the same economic poison may be registered as a single
economic poison, and additional names and labels shall be added by supplemental statements
during the current period of registration. It is further provided that any economic
poison imported into this State, which is subject to the provisions of any federal
act providing for the registration of economic poisons and that has been duly registered
under the provisions of this chapter, may, in the discretion of the Secretary, be
exempted from registration under this chapter when sold or distributed in the unbroken
immediate container in which it was originally shipped. The registrant shall file
with the Secretary a statement including:
(1) The name and address of the registrant and the name and address of the person whose
name will appear on the label, if other than the registrant.
(2) The name of the economic poison.
(3) A complete copy of the labeling accompanying the economic poison and a statement of
all claims to be made for it, including directions for use.
(4) If requested by the Secretary, a full description of the tests made and the results
thereof upon which the claims are based. In the case of renewal of registration, a
statement shall be required only with respect to information that is different from
that furnished when the economic poison was registered or last reregistered.
(b)(1) The registrant shall pay an annual fee of $200.00 for each product registered, and
$185.00 of that amount shall be deposited in the special fund created in section 929
of this title. Of the registration fees collected under this subsection, $15.00 of
the amount collected shall be deposited in the Agricultural Water Quality Special
Fund under section 4803 of this title. Of the registration fees collected under this
subsection, $25.00 of the amount collected shall be used to offset the additional
costs of inspection of economic poison products and to provide educational services,
training, and technical assistance to pesticide applicators, beekeepers, and the general
public regarding the effects of pesticides on pollinators and the methods or best
management practices to reduce the impacts of pesticides on pollinators. The annual
registration year shall be from December 1 to November 30 of the following year.
(2) In addition to the fee required under subdivision (1) of this subsection, a registrant
shall pay a fee of $50.00 per product registration that shall be deposited in the
special fund created in section 929 of this title and used to meet the requirements
of subdivision 929(a)(6) of this title. This additional fee shall be collected from
registrants until such time as an extended producer responsibility program is implemented
in the State that fully funds the collection of obsolete and unwanted pesticides.
(c) The Secretary, whenever he or she deems it necessary in the administration of this
chapter, may require the submission of the complete formula of any economic poison.
If it appears to the Secretary that the composition of the article is such as to warrant
the proposed claims for it and if the article and its labeling and other material
required to be submitted comply with the requirements of sections 919 and 920 of this title, he or she shall register the article.
(d) If it does not appear to the Secretary that the article is such as to warrant the
proposed claims for it or if the article and its labeling and other material required
to be submitted do not comply with the provisions of this chapter, he or she shall
notify the registrant of the manner in which the article, labeling, or other material
required to be submitted fail to comply with the chapter so as to afford the registrant
an opportunity to make the necessary corrections. In order to protect the public,
the Secretary, on his or her own motion, may, at any time, cancel the registration
of an economic poison that fails to meet the requirements of this section. In no
event shall registration of an article be construed as a defense for the commission
of any offense prohibited under sections 919 and 920 of this title.
(e) Notwithstanding any other provision of this chapter, registration is not required
in the case of an economic poison shipped from one plant within this State to another
plant within this State operated by the same person.
(f) Unless the use or sale of a neonicotinoid pesticide is otherwise prohibited, the
Secretary shall register as a restricted use pesticide any neonicotinoid pesticide
labeled as approved for outdoor use that is distributed, sold, sold into, or offered
for sale within the State or delivered for transportation or transported in intrastate
commerce or between points within this State through any point outside this State,
provided that the Secretary shall not register the following products as restricted
use pesticides unless classified under federal law as restricted use products:
(1) pet care products used for preventing, destroying, repelling, or mitigating fleas,
mites, ticks, heartworms, or other insects or organisms;
(2) personal care products used for preventing, destroying, repelling, or mitigating lice
or bedbugs; and
(3) indoor pest control products used for preventing, destroying, repelling, or mitigating
insects indoors.
(g) The Secretary shall register as a restricted use pesticide any second-generation anticoagulant
rodenticide that is distributed, sold, sold into, or offered for sale within the State
or delivered for transportation or transported in intrastate commerce or between points
within this State through any point outside this State. (Amended 1961, No. 74, § 5, eff. April 19, 1961; 1965, No. 90, §§ 1, 2; 1975, No. 39, § 1, eff. Dec. 1, 1975; 1985, No. 72, § 2, eff. May 20, 1985; 1987, No. 71, § 1; amended 1995, No. 125 (Adj. Sess.), § 1; 1999, No. 49, § 115; 1999, No. 141 (Adj. Sess.), § 2; 2003, No. 42, § 2, eff. May 27, 2003; 2005, No. 72, § 21; 2009, No. 134 (Adj. Sess.), § 11; 2013, No. 72, § 19; 2015, No. 64, § 11; 2015, No. 149 (Adj. Sess.), § 11; 2019, No. 35, § 2; 2023, No. 141 (Adj. Sess.), § 16, eff. July 1, 2024; 2023, No. 182 (Adj. Sess.), § 5, eff. June 17, 2024; 2025, No. 59, § 2, eff. July 1, 2025.)