The Oregon Department of Agriculture has recently 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” in the state of Oregon. Specific examples on what the state defines as “readily distinguishable” are now included for reference. This means that both additional sizes of a product and some label updates may now be required to be registered as a new/separate product. Products or label changes falling under this guidance must be submitted to Oregon as an initial registration with a $320 registration fee. Additionally, a $320 renewal registration fee would be due to the state annually to maintain the registration of each “readily distinguishable” product.

What is a readily distinguishable product?

Under the guidance, the following changes or differences would be considered “readily distinguishable”, requiring separate registration of product label sizes/versions in Oregon:

  • Directions for Use
  • Images that advertise/imply a different use pattern
  • Product name
  • New marketing claims
  • Description of the product
  • Multipacks and Co-packs with a label containing unique information
  • Refills of products packaged with dispensing/application equipment
  • Company name/logo

What changes DO NOT require separate registration?

The below changes will not require a new product registration if the change is based solely on the size or quantity of the packaging.

  • Claims identify different total areas or other units that can be treated
  • Directions for Use section includes mixing directions and total areas or other units that can be treated that differ
  • Storage and Disposal
  • Environmental Hazards
  • Multipacks or co-packs that do not require unique labeling or are shrink- or plastic-wrapped together so that you can view and read the labels on the individual products

SRC’s State Team is currently experiencing a 2 – 3 month turnaround time in Oregon to process and approve initial registrations. To avoid unnecessary delay and ensure you are registering your products correctly, we recommend a full label review prior to submitting label changes or updates.

Contact your SRC Regulatory Consultant for more information on state registration requirements.

Celeste Bontrager

State Registration Specialist

Posted on 03/18/22