Arizona Laws 49-310. New pesticides; conditional registration; reports
A. The director may provide for the conditional registration of a new pesticide for one year with an option to renew annually for a period not to exceed three years under the following conditions:
Terms Used In Arizona Laws 49-310
- Applicant: means any person who applies for a registration or amended registration pursuant to Title 3, Chapter 2, Article 5 or a conditional registration pursuant to section 49-310. See Arizona Laws 49-301
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the department of environmental quality. See Arizona Laws 49-201
- Director: means the director of environmental quality or the director's designee. See Arizona Laws 49-201
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- New pesticide: means a pesticide that contains an active ingredient for which the information required under section 49-302, subsection A has not been submitted by the applicant for registration and that has not been approved by the director of environmental quality. See Arizona Laws 49-301
- Pesticide: means any substance or mixture of substances intended for either:
(a) Preventing, destroying, repelling or mitigating any pest. See Arizona Laws 49-301
- Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
- Registrant: means a person that has registered a pesticide pursuant to Title 3, Chapter 2, Article 5. See Arizona Laws 49-301
- United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
1. The new pesticide is registered pursuant to the federal insecticide, fungicide and rodenticide act as amended (7 United States Code § 136; P.L. 100-532; 102 Stat. 2654) and is registered for use in one or more other states.
2. The director determines that a conditional registration will result in use of the new pesticide in this state that is sufficient to generate acceptable data to complete the permanent registration of the new pesticide pursuant to section 49-302. An applicant who submits data shall commit to develop and generate new data for the department‘s review and approval. The new data shall address the deficiency previously identified by the department in its initial review and approval process. The commitment shall be in the form of a contract with the department.
3. The new pesticide in question shall be important to agriculture as determined by the director of environmental quality after consultation with the Arizona department of agriculture.
B. Each registrant who holds a conditional registration shall submit a report to the director annually as specified by the director that describes the progress made in developing each item of required data. The director may require that additional data be included in the reports.
C. On receipt of the prescribed reports, the director may determine that the conditional registration status be continued for an additional year or be canceled if the reports indicate a lack of progress. If the conditional registration is canceled, all product in the state, including product at the user level, shall be removed from sale or distribution.
D. Conditional registration shall not be granted more than one time per pesticide.
E. Conditional registrants shall not voluntarily cancel the conditional registration.