CA DPR To Require Registration of Pesticide Impregnated Materials Effective Nov. 1, 2016 (December 2015)

The California Department of Pesticide Regulation (DPR) has issued CA-Notice 2015-13 which establishes their intent to register pesticide impregnated materials bearing pesticidal claims that do not fall under the treated article exemption.

Effective November 1, 2016, DPR will require each company with pesticide impregnated products that are sold into or within California under their own company name to register their product(s) as a pesticide. Products made from pesticide impregnated material which bear pesticidal claims may include:

   ▲ apparel (e.g., jackets, shirts, hats, socks, pants, shorts) or

▲ non-apparel (e.g., bedding, tents, seat covers, chopping blocks, shower curtains, mouse pads).

DPR will require each company to obtain at least one registration for each use category (i.e. apparel or non-apparel) of product sold. Like products may fall under a single registration if they contain the same level of active ingredient(s) and other ingredients. If, however, the materials are impregnated with different pesticides or different percentages of the same pesticide, separate use category registrations will be required. If different types of fabrics or materials are used in the products, they must be listed on the confidential statement of formula (California Product Information Sheet) and may be evaluated separately. Different categories of products may require separate registrations depending on use. All products will be evaluated on a submission-by-submission basis. Obtaining a broker’s license will no longer be sufficient for companies selling products under their own company label.

To apply to register pesticide impregnated materials, all DPR requirements for pesticide registration must be met. This includes the submission of an application form, six copies of the proposed product label, an application fee of $1,150 per product use category, and supporting scientific data or a reference to supporting scientific studies already on file with DPR or substantially similar products registered at DPR.

Additionally, all registrants for pesticide impregnated products must pay the California Mill Assessment on each dollar of sales of all pesticide products sold for use in California (FAC section 12841 - see http://www.cdpr.ca.gov/docs/mill/masesmnu.htm for more information). The total dollar sales of each finished product (e.g., of the actual price of the jacket, tent, etc.) must be reported as it appears on the seller’s invoice for the first sale/distribution of the product into or within California. If the first sale is not made by the registrant, but by a Pesticide Broker or Pesticide Dealer, the Broker/Dealer must report and pay the mill assessment as it appears on their seller’s invoice. Registrations could also be subject to audit by DPR.

California Notice 2015-13 does not change DPR’s policy regarding “treated articles or substances.” Products meeting the definition of Title 40, Code of Federal Regulations section 152.25(a) are exempt from registration in California. To be exempt, one requirement is that the pesticide must be added to the article/substance solely to protect the article/substance itself (e.g., an antimicrobial added to paint to stop bacteria or mold from attacking the paint while in the can). For additional information regarding treated articles/substances, see U.S. EPA’s Pesticide Registration (PR) Notice 2000-1 at:
http://www2.epa.gov/sites/production/files/2014-04/documents/pr2000-1.pdf.

TSG can provide assistance through the California registration process for pesticide impregnated materials subject to the registration by November 1, 2016.


Please Contact TSG for information and assistance on this issue.


 







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