The Pesticide Section's Registration Unit is responsible for reviewing pesticide labels and determining whether they meet state and federal labeling requirements. Pesticides that have met the U.S. Environmental Protection Agency's battery of tests and have been approved for federal registration are required to be registered in the state. In addition to the federally registered pesticides, North Carolina also requires registration of the minimum risk pesticides identified in 40 CFR §152.25(f). Registration Specialists in the Pesticide Section review over 13,000 product labels annually to help ensure that the necessary precautionary language, environmental warnings, disposal instructions and use information appears on the label. The label is an important regulatory tool used by the Department when investigating possible enforcement actions due to violations of the safety, environmental, and/or use directions that appear on the label. This review process provides an additional layer of protection to the pesticide user by helping ensure that only properly registered and labeled products are eligible for sale in North Carolina.
Registration specialists also issue the Stop Sale, Stop Use, or Removal Orders on pesticides that have not been properly registered for sale in North Carolina or that bear misbranded labeling.
The North Carolina Pesticide Law of 1971 requires all pesticides which are distributed, sold, or offered for sale within the state to be registered. Applications submitted for registration are reviewed to help ensure that all pesticide labels meet Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) requirements.
North Carolina DOES require registration of minimum risk pesticides (25(b) pesticides) that are exempt from federal registration. Our standard registration fees apply to these pesticides. When evaluating applications to register minimum risk pesticides, North Carolina refers to ingredient and labeling standards established by the EPA. Please visit http://www.epa.gov/pesticides/biopesticides/regtools/25b_list.htm for more information regarding EPA standards for minimum risk pesticides.
When registering a pesticide in North Carolina, registrants must submit a copy of the end-use labeling, one copy of our application, and the appropriate fees for each product. Fees consist of a $150.00 registration fee and a Pesticide Environmental Trust Fund (PETF) assessment. The PETF assessment is $25.00 per product if sales within the state were $0.00 to $5000.00 the previous fiscal year running October 1st through September 30th, or $50.00 per product if sales within the state were over $5000.00 the previous fiscal year.
If an unregistered pesticide is found being offered for sale within the state, a "Stop Sale, Stop Use, or Removal Order" is issued. In addition to the registration fee and the PETF assessment, a $200 delinquent registration penalty is collected when a pesticide under stop sale is granted registration in the state.
For further information, please contact Lee Davis, Pesticide Registration Manager, at (919) 733-3556 or send email to: email@example.com.
Delinquent Registration Form (For use when product is under North Carolina stop sale due to non-registration)
Minimum Risk Pesticide Information (Link to EPA web site)
Section 24(c) of FIFRA, the federal pesticide law, specifies that a state may provide registration for additional uses of federally registered pesticides for distribution and use within the state to meet a special local need.
"Special Local Need" is defined as "... an existing or imminent pest problem within a state for which the state lead agency, based upon satisfactory supporting information, has determined that an appropriate federally registered pesticide is not sufficiently available."
(A) "existing or imminent pest problem" means a problem which already exists or is likely to exist.
(B) "based upon satisfactory information an appropriate federally registered pesticide is not sufficiently available" means the state can document that a Special Local Need registration is needed because:
(a) a federally registered product is not available in the state for the desired site(s) to adequately control the target pest(s), OR
(b) a federally registered product cannot be applied without causing unacceptable risk to humans and/or the environment, OR
(c) the product being requested is necessary to maintain an IPM, resistance management or minor use pest control program, OR
(d) a federally registered product could be replaced by a formulation that poses less risk to humans and/or the environment.
The registrations must be supported by data, and the need must be independently verifiable. The Registration Unit is responsible for approving these types of registrations. Special Local Need labeling must be in possession of the user when the pesticide is used under the Special Local Need conditions.
The following list is provided for reference only and is subject to change at any time. If you have questions about a specific North Carolina 24(c) registration, please contact Lee Davis, Pesticide Registration Manager, (919) 733-3556 or send e-mail to: firstname.lastname@example.org.
FIFRA Section 18 allows the EPA Administrator to exempt any State or Federal agency from any provision of the Act, if the Administrator determines that an emergency condition exists that requires such an exemption.
The EPA defines "emergency condition" to mean an urgent, non-routine situation that requires the use of a pesticide(s). Such a situation is considered to exist when:
1. no effective pesticides are available under the Act that have labeled uses registered for control of the pest under the conditions of the emergency; AND
2.no economically or environmentally feasible alternative practices that provide adequate control are available; AND
3. the situation:
(a) involves the introduction or dissemination of a pest new to or not theretofore known to be widely prevalent or distributed within or throughout the United States or its territories; OR
(b) will present significant risks to human health; OR
(c) will present significant risks to threatened or endangered species, beneficial organisms, or the environment; OR
(d) will cause significant economic loss due to:
1. an outbreak or an expected outbreak of a pest; OR
2. a change in plant growth or development caused by unusual environmental conditions where such change can be rectified by the use of a pesticide(s).
In North Carolina, emergency exemptions are usually requested by commodity groups, the Cooperative Extension Service, and/or other State or Federal agencies. These groups are responsible for providing the NCDA&CS Pesticide Section with the information necessary to support the exemption. The Pesticide Section provides guidance as needed and all information submitted is subject to verification through our own internal review. Should an exemption be deemed appropriate, the EPA requires that an application be submitted in writing by the head of the requesting State or Federal agency, the Governor of the State involved or their official designee. In North Carolina, the Commissioner of Agriculture is the official designee and petitions for emergency exemptions are submitted through the Commissioner's office.
Emergency exemptions, which include all supporting data, are requested by the state, and reviewed by the EPA. If the exemption packages are complete, the EPA can usually review the information and reach a decision within 50 days of receiving the package. Once an exemption is approved, use directions must be in hand during the application of the pesticide for the use granted by the Section 18 Emergency Exemption. Emergency exemptions are time limited, and usually expire either one year or three years after issuance. For additional information, contact Lee Davis, Pesticide Registration Manager, at (919) 733-3556 or send e-mail to: email@example.com.