Sec. 22a-49. Registration statement. Law Journal notice. Criteria for registration. - Connecticut Statutes

      Sec. 22a-49. Registration statement. Law Journal notice. Criteria for registration. (a) Each applicant for registration of a pesticide shall file with the commissioner a statement which includes:

      (1) The name and address of the applicant and of any other person whose name will appear on the labeling;

      (2) The name of the pesticide;

      (3) A complete copy of the labeling of the pesticide, a statement of all claims to be made for it, and any directions for its use;

      (4) If requested by the commissioner, 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 which is different from that furnished when the pesticide was registered or last reregistered;

      (5) The complete formula of the pesticide;

      (6) A request that the pesticide be classified for general use, for restricted use, or for both. Such requested classification shall be at least as restrictive as the pesticide's classification under FIFRA; and

      (7) If requested by the commissioner, a report on the pesticide which includes information on tests that have been made to establish the effectiveness of the product against the pest which is to be controlled, information concerning any hazard involved in the use of the product, information concerning both acute and chronic toxicity of the pesticide, information with regard to the persistence of the pesticide in the environment and information relating to the pesticide's impact on nontarget organisms.

      (b) The commissioner shall review the data after receipt of the application and shall, within thirty days, either register the pesticide or notify the applicant of his determination that it does not comply with the provisions of this part.

      (c) Repealed by P.A. 77-529, S. 6.

      (d) The commissioner shall register a pesticide if he determines that all requirements of this part have been satisfied, and when considered with any restrictions imposed by section 22a-50:

      (1) Its composition is such as to warrant the proposed claims for it;

      (2) Its labeling complies with the requirements of 86 Stat. 979 (P.L. 92-516), as may be amended from time to time;

      (3) It will perform its intended function without unreasonable adverse effects on the environment; and

      (4) When used in accordance with widespread and commonly recognized practice it will not usually cause unreasonable adverse effects on the environment.

      (e) When two or more pesticides meet the requirements of this part, one shall not be registered in preference to the other. The commissioner shall not make any lack of essentialness of a pesticide a criterion for denying registration of such pesticide.

      (f) If the commissioner determines that the requirements for registration are not satisfied, he shall notify the applicant for registration of his determination and of his reasons, including the factual basis, and unless the applicant corrects the conditions and notifies the commissioner of such corrections during the thirty-day period beginning with the day after the date on which the applicant receives the notice, the commissioner may refuse to register the pesticide. Whenever the commissioner refuses to register a pesticide, he shall notify the applicant of his decision and of his reasons, including the factual basis, therefor. Upon such notification, the applicant for registration or other interested persons with the concurrence of the applicant shall have the same remedies as provided for in section 22a-52.

      (P.A. 73-540, S. 4, 28; P.A. 77-529, S. 5, 6; P.A. 83-587, S. 44, 96.)

      History: P.A. 77-529 amended Subsec. (a)(6) to require that requested classification be at least as restrictive as pesticide's classification under FIFRA and repealed Subsec. (c) which had contained requirements for publication of notice of applications for registration of pesticides containing new active ingredients; P.A. 83-587 made a technical amendment to Subsec. (e).