New York Laws
Title 7 - Registration of Pesticides
33-0704 - Review of Applications to Register Pesticides.

1. For registration applications subject to review pursuant to
subdivisions two through five of this section, an application for
pesticide registration shall be determined by the commissioner to be
complete or incomplete within sixty days of receipt of an application
for registration. If the commissioner does not issue a determination of
completeness or incompleteness within sixty days of receipt of an
application for registration, the application shall be deemed complete.
Upon reaching a determination of completeness or incompleteness, the
commissioner shall send written notice to the applicant. If the
application is determined to be incomplete, the commissioner shall
include a statement of the reasons for which the application was
determined to be incomplete. The resubmission of the application or the
submission of additional information in response to a request for
additional information shall commence a new sixty calendar day period
for department review of the additional information for purposes of
determining completeness.

2. The commissioner shall issue or deny registration of a pesticide
which contains an active ingredient not previously registered by the
commissioner or which contains an active ingredient previously
registered for which a major change in labeling is proposed within one
hundred fifty days of a determination that such application is complete.
If registration of such pesticide is not granted or denied within such
period, the applicant may submit to the commissioner, in the form
prescribed by the commissioner, a request to grant or deny the
registration. If the registration is not granted or denied within thirty
days following the receipt of such a request, the registration shall be
deemed granted. Any denial of registration shall specify the grounds for
denial.

3. The commissioner shall issue or deny registration of a pesticide to
meet a special local need within sixty days of a determination that such
application is complete. If registration of such pesticide is not
granted or denied within such period, the applicant may submit to the
commissioner, in the form prescribed by the commissioner, a request to
grant or deny the registration. If the registration is not granted or
denied within ten business days following receipt of such a request, the
registration shall be deemed granted. Any denial of registration shall
specify the grounds for denial.

4. The commissioner shall issue or deny registration of a pesticide
which contains an active ingredient previously registered and which does
not propose a major change in labeling within ninety days of a
determination that such application is complete. If registration of such
pesticide is not granted or denied within such period, the applicant may
submit to the commissioner, in the form prescribed by the commissioner,
a request to grant or deny the registration. If the registration is not
granted or denied within thirty days following the receipt of such a
request, the registration shall be deemed granted. Any denial of
registration shall specify the grounds for denial.

5. The commissioner shall grant or deny registration of amended
labeling of a pesticide product previously registered, other than a
major change in labeling, within thirty days following a determination
that the application to register the amended labeling is complete. If
registration of such amended labeling is not granted or denied within
thirty days of a determination that the application is complete, the
applicant may submit, in the form prescribed by the commissioner, a
request to grant or deny registration of the amended labeling. If
registration of the amended labeling is not granted or denied within

thirty days following receipt of such a request, the registration shall
be deemed granted. Any denial shall specify the grounds for denial.

6. At any time during the review of an application to register a
pesticide the commissioner may request reasonable additional information
from the applicant with regard to any matter contained in the
application when such additional information is necessary for the
commissioner to make a decision on the registration application. Such
request shall not extend any time period within which a registration
decision must be made.

7. A request that the commissioner apply for an emergency exemption
from a federal act providing for the registration of pesticides for a
use of a pesticide for which no registration has been issued under such
federal act shall be filed with the commissioner at least one hundred
five days prior to the date on which such use is proposed to commence.
Within thirty days of receipt of such a request, the commissioner shall
determine whether the materials submitted with the request are adequate
to support an application for an emergency exemption, and shall so
inform the person submitting the request. If a request is determined to
be adequate to support an application for an emergency exemption, an
application shall be filed by the commissioner at least sixty days prior
to the date upon which such use is proposed to commence.

8. Any time period specified in this section may be extended with the
consent of the applicant.

9. The commissioner shall promulgate rules and regulations necessary
and appropriate to carry out the purposes of this title, which shall
include a definition of a complete application to register a pesticide.
Regulations defining a complete application to register a pesticide
shall be promulgated not later than April 1, 1993.