The New Jersey Pesticide Control Code, at 7:30-2.1, requires that all pesticides used in New Jersey be registered with the Department of Environmental Protection prior to use.

This regulation states that no person shall hold, use, distribute, sell, or offer for sale within this State or deliver for transportation or transport in intrastate commerce or between points within this State through any point outside this State any pesticide unless it is currently registered with the Department.

It also states that every version of a pesticide product be registered separately. The following are all considered different versions of a product: each EPA Registration Number; each supplemental registration; each brand name or trade name; each formulation; each fertilizer/pesticide mixture; Experimental Use Permits; FIFRA Section 24(c) Special Local Need registrations; and FIFRA Section 18 Emergency Exemptions.

There are some exceptions to the requirement for pesticide product registration, found at 2.1(m). Those exceptions are as follows:

2.1(m) The provisions of this section shall not apply to:

• A pesticide if it is shipped from one plant or warehouse to another plant or warehouse and is used solely at such plant or warehouse as a constituent part to make a pesticide; provided, however, that the pesticide is not technical grade material which is required by the EPA to be registered.
• Any carrier while lawfully engaged in transporting a pesticide within this State, if such carrier shall, immediately upon request, permit the Department to examine and copy all records which shall identify the transactions in and movement of the pesticide.
• Public officials of this state and the Federal government while engaged in the performance of their official duties in administering State or Federal pesticide laws or regulations or while engaged in pesticide research.
• Any pesticide which is intended solely for export to a foreign country, and is prepared or packed according to the specifications or directions of the purchaser; provided that all provisions of this subchapter shall apply if the pesticide is not exported.
• Any "minimum risk*" pesticide exempted from regulation by US EPA under 40 CFR Part 152, except that the Department may regulate and require registration of any pesticide if conditions indicate the need for such registration and regulation.

*The US EPA has published a list of compounds they have determined are minimum risk ingredients when used as pesticides. This was done under the provisions of section 25(b) of the federal pesticide law FIFRA. Please visit the EPA minimum risk page to obtain more information about these minimum risk ingredients.

See below for the procedure for pesticide product registration.

INSTRUCTIONS FOR (INITIAL) PESTICIDE PRODUCT REGISTRATION

Product Registration Forms (Documents VPX-014A & VPX-014B)

N.J.A.C. 7:30-2.1 requires the registration of every pesticide product which is held, used, distributed, sold, or offered for sale in New Jersey. This also applies to any pesticide product transported between points within New Jersey through any point outside New Jersey.

The registration of a pesticide product is ultimately the responsibility of the person or company whose name appears on the label. Registration is required before any distribution is made. The registration fee is $300.00 for each product that is registered.

To initially register products, complete form VPX-014A (Application for the Initial Registration of a Pesticide Product) as follows:

1. Complete the section pertaining to Product Registrant. The registrant's name, mail address, street address and telephone number are required. The product registrant is the company whose name appears on the label of the product.

2. Complete the section pertaining to the Billing Party for the products being registered. In many cases, the Product Registrant is not the company responsible for the registration paperwork. The Billing Party's name, mail address, contact person, and telephone number are required. If the Product Registrant and Billing Party information is identical, then you can fill in 'Same as above' where the Billing Party name goes, but do not forget to provide the Contact Person's name where it asks for it.

3. Fill in the brand name and corresponding EPA Registration Number for each product being registered. New Jersey requires that each and every brand name be registered. Any difference in the words, numbers, graphics, symbols, etc. from one label to another results in an additional brand name that requires registration. The only exception is for different colors of paints and different fragrances (assuming everything else is the same for the product).

4. For each brand name listed, answer the 'Yes' or 'No' question pertaining to the active ingredients. Note: If the product being registered is based on a Section 18 Emergency Exemption, a Section 24(c) Special Local Need Registration, or an EUP, this question does not pertain to you. Fill in 'NA' in the spot where you are required to check 'Yes' or 'No'.

For each brand name where the answer is 'Yes', complete form VPX-014B (Application for the Initial Registration of a Pesticide Product - Page 2). Contact the primary registrant of the product for the information necessary to answer this question and/or to complete form VPX-014B, if you do not have the information needed.

5. Enclose a legible copy of the finished printed EPA-approved pesticide label for each brand name listed. Include all labeling, not just the container label.

6. If the product is labeled for subterranean termite control, also enclose sampling methodology for air, water and soil, and decontamination guidelines.

7. If the product is an anti-fouling paint containing tributyltin (TBT) labeled for marine use, also enclose a certification from the EPA that it contains an acceptable release rate.

8. Do not send in the $300/product registration fee with this application. You will be invoiced separately for the registration fee when the products are accepted for registration.

A complete initial product registration package includes:

Send all completed initial registration packages to:

NJDEP
Bureau of Licensing and Pesticide Operations
MC 401-04E, PO Box 420
Trenton, NJ 08625-0420

(Street Address)
NJDEP
Bureau of Licensing and Pesticide Operations
401 East State Street, 4th Floor
Trenton, NJ 08625

If you have any questions concerning your product registration please email Hollie Ezze at Hollie.Ezze@dep.state.nj.us.

PESTICIDE PRODUCT REGISTRATION RENEWAL

Pesticide products are registered on a calendar year basis. Registration renewal packages are typically mailed out in September each year for all pesticide products currently on file. Registration renewals are due by December 31st for the upcoming registration year. To expedite your registration, pay online at no extra cost. A late registration fee of $100/per product will be assessed for renewals received after December 31st.