The North Carolina Department of Agriculture & Consumer Services and Arkansas Department of Agriculture have recently updated their pesticide registration policies to require additional registrations for differing labels. These states are now requiring multiple fees for products within a single EPA Registration Number for any label variation other than size, scent, or color.

Changes that we anticipate requiring an additional registration fee include, but are not limited to, labels for a single product with different:

    • Directions for use
    • Use sites or uses
    • Application methods
    • Company name
    • Product name
    • Branding

This requirement in Arkansas and North Carolina is consistent with a trending increase in state requirements.  Indiana, Oregon, and Missouri have already implemented similar policies. Below is a brief summary of each state’s policies on differing labels and the registration fee required for a new registration.

North Carolina

The North Carolina Department of Agriculture & Consumer Services’ pesticide legislation requires:

“An annual registration fee of one hundred fifty dollars ($150.00) plus an additional annual assessment for each brand or grade of pesticide registered. The annual assessment shall be fifty dollars ($50.00) if the applicant’s gross sales of the pesticide in this State for the preceding 12 months for the period ending September 30th were more than five thousand dollars ($5,000.00) and twenty-five dollars ($25.00) if gross sales were less than five thousand dollars ($5,000.00).”

Based on this requirement, registrants must pay $175 or $200 (based on sales) per year for differing labels.

Arkansas

The Arkansas Department of Agriculture released an Overview of the ADA Pesticide Registration Program, which states that an additional registration will be required if labeling differs in any respect other than size, color, or scent. Arkansas requires an annual fee of $250 per registration.

Indiana 

In early 2022, the Office of Indiana State Chemist released its Products that are Considered Different Update requiring an additional annual registration fee of $170 for each label variation.

 Oregon

In 2022, the Oregon Department of Agriculture updated its guidance on the registration of “Readily Distinguishable” Pesticide Products. The guidance states that “every pesticide product that is readily distinguishable from any other pesticide product requires a separate registration” and will require an additional $360 to be submitted annually in the State of Oregon.

 Missouri

The Missouri Department of Agriculture website states that “any significant change to a pesticide product label requires new registration. The new label and previously registered label will need to be registered if both labels are in the channels of trade in Missouri.” Each label will require a $200 annual registration fee.

 

 

These extra registration fees may become costly to registrants with numerous labels and marketing claims for each product. SRC has adjusted our label review process to include advice on the states in which a differing label may require an added registration fee.

The SRC State Team is available to discuss a label creation strategy to minimize these additional state fees.

 

Rene’ Leitheim

State Registration Manager

Posted 03/06/2023