Section 33-0704. Review of applications to register pesticides

1.  For  registration  applications  subject  to  review  pursuant  to
  subdivisions two through  five  of  this  section,  an  application  for
  pesticide  registration  shall  be  determined by the commissioner to be
  complete or incomplete within sixty days of receipt  of  an  application
  for  registration. If the commissioner does not issue a determination of
  completeness or incompleteness  within  sixty  days  of  receipt  of  an
  application  for registration, the application shall be deemed complete.
  Upon reaching a determination of  completeness  or  incompleteness,  the
  commissioner  shall  send  written  notice  to  the  applicant.  If  the
  application is determined  to  be  incomplete,  the  commissioner  shall
  include  a  statement  of  the  reasons  for  which  the application was
  determined to be incomplete. The resubmission of the application or  the
  submission  of  additional  information  in  response  to  a request for
  additional information shall commence a new sixty  calendar  day  period
  for  department  review  of  the  additional information for purposes of
  determining completeness.
    2. The commissioner shall issue or deny registration  of  a  pesticide
  which  contains  an  active  ingredient not previously registered by the
  commissioner  or  which  contains  an   active   ingredient   previously
  registered  for  which a major change in labeling is proposed within one
  hundred fifty days of a determination that such application is complete.
  If registration of such pesticide is not granted or denied  within  such
  period,  the  applicant  may  submit  to  the  commissioner, in the form
  prescribed  by  the  commissioner,  a  request  to  grant  or  deny  the
  registration. If the registration is not granted or denied within thirty
  days  following the receipt of such a request, the registration shall be
  deemed granted. Any denial of registration shall specify the grounds for
  denial.
    3. The commissioner shall issue or deny registration of a pesticide to
  meet a special local need within sixty days of a determination that such
  application is complete.  If  registration  of  such  pesticide  is  not
  granted  or  denied  within such period, the applicant may submit to the
  commissioner, in the form prescribed by the commissioner, a  request  to
  grant  or  deny  the registration. If the registration is not granted or
  denied within ten business days following receipt of such a request, the
  registration shall be deemed granted. Any denial of  registration  shall
  specify the grounds for denial.
    4.  The  commissioner  shall issue or deny registration of a pesticide
  which contains an active ingredient previously registered and which does
  not propose  a  major  change  in  labeling  within  ninety  days  of  a
  determination that such application is complete. If registration of such
  pesticide is not granted or denied within such period, the applicant may
  submit  to the commissioner, in the form prescribed by the commissioner,
  a request to grant or deny the registration. If the registration is  not
  granted  or  denied  within  thirty days following the receipt of such a
  request, the  registration  shall  be  deemed  granted.  Any  denial  of
  registration shall specify the grounds for denial.
    5.  The  commissioner  shall  grant  or  deny  registration of amended
  labeling of a pesticide product  previously  registered,  other  than  a
  major  change  in labeling, within thirty days following a determination
  that the application to register the amended labeling  is  complete.  If
  registration  of  such  amended labeling is not granted or denied within
  thirty days of a determination that the  application  is  complete,  the
  applicant  may  submit,  in  the  form prescribed by the commissioner, a
  request to grant or  deny  registration  of  the  amended  labeling.  If
  registration  of  the  amended  labeling is not granted or denied within

  thirty days following receipt of such a request, the registration  shall
  be deemed granted. Any denial shall specify the grounds for denial.
    6.  At  any  time  during  the  review of an application to register a
  pesticide the commissioner may request reasonable additional information
  from  the  applicant  with  regard  to  any  matter  contained  in   the
  application  when  such  additional  information  is  necessary  for the
  commissioner to make a decision on the  registration  application.  Such
  request  shall  not  extend  any time period within which a registration
  decision must be made.
    7. A request that the commissioner apply for  an  emergency  exemption
  from  a  federal  act providing for the registration of pesticides for a
  use of a pesticide for which no registration has been issued under  such
  federal  act  shall  be filed with the commissioner at least one hundred
  five days prior to the date on which such use is proposed  to  commence.
  Within  thirty days of receipt of such a request, the commissioner shall
  determine whether the materials submitted with the request are  adequate
  to  support  an  application  for  an  emergency exemption, and shall so
  inform the person submitting the request. If a request is determined  to
  be  adequate  to  support  an application for an emergency exemption, an
  application shall be filed by the commissioner at least sixty days prior
  to the date upon which such use is proposed to commence.
    8. Any time period specified in this section may be extended with  the
  consent of the applicant.
    9.  The  commissioner shall promulgate rules and regulations necessary
  and appropriate to carry out the purposes of  this  title,  which  shall
  include  a definition of a complete application to register a pesticide.
  Regulations defining a complete  application  to  register  a  pesticide
  shall be promulgated not later than April 1, 1993.
    * NB Repealed July 1, 2011