20-001 Code Vt. R. 20-031-001-X

Current through August, 2024

Section 20 031 001 - REGULATIONS FOR ADMINISTRATION OF REGISTRATION OF INSECTICIDES, FUNGICIDES, AND RODENTICIDES

I. Section 912

This act shall be administered by the Division of Plant Pest Control of the Vermont Department of Agriculture.

II. Section 913

For purposes of this act the following are declared to be pests:

1. All insects and other arthropods generally recognized by entomologists as adversely affecting cultivated crops, trees, shrubs, also forest, woodland and shade trees and other vegetation, also those adversely affecting man, domestic animals, household goods or stored products. This classification shall under no condition apply to the honey bee.

2. All nematodes generally recognized by plant pathologists and entomologists as adversely affecting cultivated crops, trees, shrubs, also forest, woodland and shade trees and other vegetation.

3. All plant diseases caused by fungi, bacteria or virus known to affect adversely the growth and health of cultivated crops, trees, shrubs, also forest, woodland and shade trees.

4. All plants coming under the head of "weeds" as defined in Section 911(19) of the above-named act which states that "the term 'weed' means any plant which grows where not wanted."

5. The following forms of animal life are declared to be pests when existing under circumstances that make them injurious to plants, man, domestic animals, other useful vertebrates, useful invertebrates or other articles or substances:

Mamals, including but not limited to dogs, cats, moles, bats, deer, woodchucks, raccoons, porcupines, rats, and mice;

Birds, including but not limited to grackles, starlings, pigeons, English sparrows, crows, and blackbirds;

Fish, such as are declared undesirable by Fish and Game authorities;

Aquatic and terrestrial invertebrates, including but not limited to slugs, snails, and leeches.

III. Sections 913(2) and (3), 916 and 917

In the matter of determining which poisons are: highly toxic to man; coloring of such materials; restriction of sales of materials determined by the Commissioner to be highly toxic to man including but not limited to thallium sulphate, sodium fluoroacetate (1080), arsenic trioxide, sodium arsenite and phosphorus paste products; devices; and uses, the requirements which shall be adopted by the Federal Government for administration of the Federal Insecticide Fungicide and Rodenticide Act passed in 1947, as amended, shall apply to the administration of the above-named act as provided under Section 916 - "Cooperation with State and Federal Agencies" and Section 917 - "Uniformity between State and Federal Regulations."

IV. Section 915

Whenever it is deemed essential to proper administration of this Act, duly accredited agents of the Commissioner may obtain samples of pesticides by purchase from dealers for laboratory examination.

V. Section 918 - Registration

A. Initial application for registration shall be made in the following form:

1. A cover sheet, in duplicate, signed by the applicant referring by number to individual data sheets.

2. A data sheet with actual label or facsimile thereof attached, in duplicate, for each product, prepared by the applicant, giving the following information concerning the product: Full name and address of manufacturer, if other than the registrant; in case of economic poisons highly toxic to man, statement as to color of product; and package size or sizes. If the percentages of active ingredients are not stated on the label, these percentages must be shown on the product data sheet.

3. All products registered under 6 V.S.A. Chapter 81, except for State Registration of new and additional or minor use(s) or new pesticides for special local needs as authorized by Section 24(c) of Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) amended, must be currently registered with the U.S. Environmental Protection Agency and bear the EPA Registration Number.

4. Duplicate cover sheet, data sheets and labels with Certificate of Registration comprise registrant's official proof of registration.

B. Re-registration

1. Applications for re-registration will be furnished by the Plant Pest Control Division. Where no changes have been made, labels originally submitted will suffice; otherwise, amended labels and data sheets must be submitted in duplicate.

2. The duplicate application for re-registration with labels and data sheets, if same have been amended, or without labels or data sheets, if no amendments have been made since prior registration, with Certificate of Registration comprise registrant's proof of re-registration.

3. All products re-registered under 6 V.S.A. Chapter 81 except for State Registration of new and additional or minor use(s) or new pesticides for special local needs as authorized by Section 24(c) of FIFRA amended, must be currently registered with the U.S. Environmental Protection Agency and bear the EPA Registration Number.

C. State registration of pesticide products for new and additional or minor use(s).

1. Request for a State registration for a new and additional use(s) within the State will be submitted by an applicant or an agent of an applicant to the Commissioner on forms provided by the Commissioner. Copies of labels must accompany the application forms.

2. An applicant may appoint an agent to act on his behalf on registration matters, providing that a letter of appointment signed by an authorized officer of the applicant's firm be submitted to the Commissioner.

3. All data submitted in support of the claims must substantiate such claims made for the pesticide and demonstrate that it will perform its intended function without causing unreasonable adverse effects on the environment.

4. Where supporting data is proprietary and required for product registration, the applicant or his agent must be authorized by a statement from the owner of such data with permission to use such data.

5. The Commissioner will review all applications for State registration of pesticide products for new and additional uses(s), and if the data meets all the criteria for State registration under applicable statutes and regulations, a registration certificate may be issued for new and additional uses(s).

6. The Commissioner, after issuing a registration, shall send a written notification of such registration to the Administrator of the Environmental Protection Agency.

D. Registration requirements of specific pesticides.

1. Registrants of pesticide products containing 2,4,5-Trichloraphenoxyacetic acid (2,4,5-T) must submit a statement with the registration request that the technical grade of the 2,4,5-T portion of the product contains less than 0.10 ppm of the impurity 2,3,7,8-Tetrachlarodibenzo-p-dioxin (TCDD).

20-001 Code Vt. R. 20-031-001-X

Adopted: July 1, 1947
AMENDED: October 28, 1969; July 15, 1975; AUgust 9, 1976