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Paul E. Helliker Director

Department of Pesticide Regulation


   
   
   
   
  California Notice 2002-5 (Revision)

California State Seal
Gray Davis
Governor

Winston H. Hickox
Secretary, California
Environmental
Protection Agency

REVISION TO CALIFORNIA NOTICE 2002-5
DISCONTINUE ACCEPTANCE OF CERTAIN CONCURRENT
PESTICIDE PRODUCT SUBMISSIONS DUE TO BUDGET CONSTRAINTS


This revises the June 14, 2002 version of California Notice 2002-5.

Effective July 1, 2002, due to budget reductions, the Department of Pesticide Regulation (DPR) will no longer automatically accept certain types of registration requests concurrently with submission of the same request to the U.S. Environmental Protection Agency (U.S. EPA)

The Following Submissions Will No Longer Be Accepted Concurrently:

1. Requests to register new pesticide products designated by U.S. EPA as "reduced risk."

2. Requests to amend registered pesticide products containing microbial or biochemical active ingredients.

New reduced risk products must now be registered with the U.S. EPA before a request to register the product for use in California can be submitted to DPR. Amendments to currently registered products containing microbial or biochemical active ingredients must be accepted by U.S. EPA before the request can be submitted to DPR.

The Following Submissions Will Be Accepted Concurrently:

1. Requests to register new pesticide products containing microbial or biochemical active ingredients.

2. Requests to register or amend Experimental Use Permit pesticide products.

3. Requests to register new "antimicrobial pesticides" that are intended to control pests that pose a threat to human health and requests to amend registered "antimicrobial pesticides" if the amendment adds a use to the product to control pests that pose a threat to human health.

3. Requests to register new "public health pesticides" and requests to amend registered pesticides if the amendment adds a public health use to the product label. For purposes of this notice, a "public health pesticide" is a minor use pesticide that is labeled for use in a public health program or is used predominately in a public health program by a public health agency. The term "public health pesticide" does not include products intended for use by homeowners. If the "public health pesticide" is not labeled for use by a public health agency, the applicant must submit documentation from a public health agency of how the agency uses the product in California to qualify for concurrent submission.

In compliance with FAC section 12836, and as resources allow, DPR will strive to review the following types of submissions concurrently in time with the review conducted by the U.S. EPA: (1) requests to register new pesticide products meeting the criteria of #3 and #4 above, that also either: (i) contain a new active ingredient; or (ii) list a public health threat use for which there are no effective alternatives to control the public health pest; and (2) requests to amend registered pesticide products meeting the criteria of #3 and #4 where the label amendment adds a public health threat use for which there are no effective alternatives. The applicant must provide documentation that no effective alternatives exist.

For those requests that can still be submitted concurrently, please clearly note in the cover letter accompanying each registration request that the product is not yet federally registered and indicate which of the above criteria the product meets.

For the most part, DPR reviews concurrent submissions in the order received, along with all other applications for registration of pesticide products. DPR may prioritize the review of any type of submission as needed for use in California.

The acceptance of registration requests prior to federal registration of a product, or issuance of a federal experimental use permit, is not a reduction in any of DPR's data requirements. All required data and information must still be submitted with the registration request. After federal registration, it is the applicant's responsibility to submit a copy of U.S. EPA's registration letter, the U.S. EPA stamped-accepted label, and any additional data submitted to U.S. EPA by the applicant. California registration of the product will not be granted until U.S. EPA's stamped accepted label and accompanying letter are received and the label is approved by DPR.

DPR will continue to process all concurrent submissions currently "in-house" and not yet completed.

This Notice revises and replaces California Notice 2002-5.

If you have any questions, please contact Ann Prichard, Senior Environmental Research Scientist, Pesticide Registration Branch, at (916) 324-3931. If you have questions regarding a specific pesticide product, please contact your assigned registration specialist.


original signed by Barry Cortez


June 26, 2002


Barry Cortez, Chief
Pesticide Registration Branch
(916) 445-4377

Date

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