R68-7-2. Registration of Products

  All pesticide products distributed in Utah shall be officially registered annually with the Utah Department of Agriculture and Food.

  (1) Application for registration shall be made to the Department on forms prescribed and provided by them and shall include the following information:

  (a) The name and address of the applicant and the name and address of the person whose name will appear on the label, if other than the applicant.

  (b) The name of the pesticide.

  (c) A complete copy of the label which will appear on the pesticide.

  (2) The Department may require submission of the complete formula of any pesticide if it is deemed necessary for administration of the Utah Pesticide Control Act. If it appears to the Department that the composition of the product is such as to warrant the proposed claims for it, and if the product and its labeling and any other information which may be required to be submitted comply with the requirements of the act, the product shall be registered.

  (3) The registrant is responsible for the accuracy and completeness of all information submitted concerning application for registration of a pesticide.

  (4) Once a pesticide is registered under the Act, no further registration is required: Provided that,

  (a) the product remains in the manufacturer's or registrant's original container; and

  (b) the claims made for it, the directions for its use, and other labeling information do not differ in substance from the representations made in connection with the registration.

  (5) Whenever the name of a pesticide product is changed or there are changes in the product ingredients, a new registration shall be required. Other labeling changes shall not require re-registration, but the registrant shall submit copies of all changes to the Department as soon as they are effective.

  (6) Whenever a registered pesticide product is to be discontinued for any reason, except when suspended or canceled by the U.S. Environmental Protection Agency (EPA), the Utah Department of Agriculture and Food requires said product to be registered for two years from date of the notice of discontinuation. When a product is found in commercial trade after the discontinuation period, the Department will require that the registrant register said product as outlined in Chapter 14, Utah Pesticide Control Act, 4-14-103.

  (7) The Department may exempt any pesticide that is determined either (1) to be adequately regulated by another federal agency, or (2) be of a character which is unnecessary to subject to Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

  (8) A registrant who desires to register a pesticide to meet special local needs pursuant to Section 24(c) of FIFRA shall comply with Section 4-14-103 of the Utah Pesticide Control Act.

  (9) No registration is required for a pesticide distributed in Utah pursuant to an experimental use permit issued by the EPA or under Section 4-14-105 of the Utah Pesticide Control Act.

  (10) A registration fee determined by the Department, pursuant to Subsection 4-2-103(2), shall be paid annually for each product, regardless of the number of products registered per applicant.

  (11) Each registration is renewed for a period of one year upon payment of the annual renewal fee determined by the Department, pursuant to Subsection 4-2-103(2). It shall be paid on or before June 30 of each year. If the renewal of a pesticide registration is not received prior to July 1 of that year, an additional fee determined by the Department pursuant to Subsection 4-2-103(2), shall be assessed and added to the original registration fee and shall be paid by the applicant before the registration renewal for that pesticide shall be issued.