SubTitle22a-50-1_22a-50-9. Pesticide Registration and Classification, Title22a Environmental Protection, Regulations of Connecticut State Agencies

Regulations of Connecticut State Agencies (Last Updated: June 14,2023)

SubTitle22a-50-1_22a-50-9. Pesticide Registration and Classification

Sec. 22a-50-1. Definitions

Latest version.

(a) The definition of terms used in these regulations shall be consistent with the definitions in Section 22a-47, Connecticut General Statute.

(b) The following terms not defined in Section 22a-47, Connecticut General Statutes, are defined as follows:

(1) aquatic use — materials applied on or in water except in self contained artificial structures such as cooling towers and swimming pools.

(2) bioaccumulation — the concentration of a substance in an organism which exceeds those concentrations found in the surrounding environment.

(3) breakdown product — a chemical substance resulting from the transformation of a pesticide by physical, chemical, electromagnetic, or biological means.

(4) carcinogenesis — the generation of malignant tumors in animals.

(5) Dermal LD₅₀ — the amount of material, expressed as mg substance/kg test animal or ppm, placed on the skin that will kill 50% of the number of test animals.

(6) food chains — the numerous pathways by which matter and energy are exchanged within an ecosystem.

(7) Inhalation LC₅₀ — that concentration, expressed as mg substance/1. air or ppm in the air, that would be lethal to 50% of the test population of animals within a specific time and under specified test conditions.

(8) mutagenesis — the generation of genetic changes in animals or somatic changes in subsequent generations of animals.

(9) Oral LD₅₀ — the amount of material expressed as mg substance/kg test animal or ppm absorbed through the digestive tract that will kill 50% of the number of test animals.

(10) "Ready-to-Use" — a pesticide as sold to the user, registered and labelled for immediate application without further dilution.

(11) synergism — cooperative action of two or more agents such that the joint effect if greater than the sum of the single effects taken independently.

(12) teratogenesis — the generation of congenital defects in animals, which are ordinarily non-hereditable.

((13))

(Effective February 14, 1975)

Sec. 22a-50-2. General use classification

Latest version.

Pesticides shall be classified for general use unless they may be classified restricted based upon the criteria in these regulations.

(Effective February 14, 1975)

Sec. 22a-50-3. Restricted use classification

Latest version.

When the Commissioner determines, after review of data available to him with regard to, but not necessarily limited to, the factors listed in Sections 22a-50-4 and 22a-50-5 that the use of a pesticide may cause unreasonable adverse effects on the environment he shall classify the use restricted.

(Effective February 14, 1975)

Sec. 22a-50-4. Classification criteria

Latest version.

When reviewing a pesticide for its classification the Commissioner shall consider a number of factors, including but not limited to the following:

(a) human fatalities

(b) effects of toxicological significance including but not limited to, neurological or behavioral alterations and liver changes

(d) teratogenesis

(e) carcinogenesis

(f) severe skin or eye irritation

(g) persistence of the pesticide or break-down product

(h) bioaccumulation of the pesticide or break-down product

(i) widespread or common practice which runs contrary to the intent of label instructions and prohibitions

(j) risk of contaminating food chains and thereby causing chronic, delayed or secondary poisoning

(k) the extent to which ingredients or break-down products leach from the soil and/or drift as vapors from the target area

(l) synergistic effects

(Effective February 14, 1975)

Sec. 22a-50-5. Classification criteria

Latest version.

The Commissioner may classify a pesticide restricted when:

(a) the pesticide is intended or labelled for professional use

(b) the pesticide is intended or labelled exclusively for aquatic use

(1)	Oral LD₅₀	≤	500 mg/kg (product as sold except "Ready-to-Use")
		≤	2000 mg/kg (use dilution or "Ready-to-Use")
	or
(2)	Dermal LD₅₀≤	≤	2000 mg/kg (product as sold except "Ready-to-Use")
		≤	5000 mg/kg (use dilution or "Ready-to-Use)
	or
(3)	Dust of mist acute inhalation LC₅₀ (1 hr. exposure; 14 days observation)	≤	20 mg/1
	or
(4)	Gas or vapor inhalation LC₅₀ (1 hr. exposure; 14 days observation)	≤	2000 ppm

(d) a pesticide used outdoors or in agriculture meets one or more of the following criteria:

(1)	Oral LD₅₀	≤	50 mg/kg (products as sold except “Ready-to-Use”)
		≤	200 mg/kg (use dilution or “Ready-to-Use”)
	or
(2)	Dermal LD₅₀≤	≤	500 mg/kg (product as sold except “Ready-to-Use”)
		≤	1000 mg/kg (use dilution or “Ready-to-Use”)
	or
(3) Build up of residues of ingredients or break-down products in mammalian or avian food in amounts ≤ 1/5 LD₅₀ following application.

(Effective February 14, 1975)

Sec. 22a-50-6. [Repealed]

Latest version.

Repealed February 5, 1979.

Sec. 22a-50-7. Registration

Latest version.

(a) Registration of each pesticide shall expire on December 31, according to the schedule set up in (b).

(b) In order to provide that 1/5 of all products shall be registered each year, on January 1, 1975, those companies whose names start with the letters A–B shall be registered for five (5) years; those whose names start with C–E for four (4) years; those whose names start with F–L for three (3) years; those whose names start with M–R for two (2) years; those whose names start with S–Z for one (1) year. Each subsequent registration shall be for five (5) years.

(c) A company registering a new pesticide shall have its fee and registration period pro-rated so as to have the next registration date for the new pesticide to fall due with the other products of the same company.

(d) A pro-rated refund of a registration fee will be made if a product is voluntarily withdrawn or cancelled before the end of its five (5) year registration period. Any refund will be pro-rated on a yearly basis except that no refund will be made for the year in which the registration is cancelled or withdrawn.

(Effective February 14, 1975)

Sec. 22a-50-8. Variances

Latest version.

(a) the Commissioner may grant a variance from Section 19-300b-2, Regulations of Connecticut State Agencies, upon a showing that use of a pesticide will not cause unreasonable adverse effects on the environment. When acting upon a request for a variance, the Commissioner shall consider the factors listed in Sections 22a-50-4 and 22a-50-5 for the particular pesticide.

(b) Any variance granted under this section shall state whether the pesticide is classified general or restricted.

(c) Any person wishing to obtain a variance shall file a request with the Commissioner stating with particularity his reasons and justification for the variance. The Commissioner shall hold a public hearing, following such notice as he feels sufficient, to consider the variance. The Commissioner shall make a decision to grant or deny a variance within 30 days of the end of the hearing.

(d) A decision to grant or deny a variance shall be considered a final decision of the Commissioner for purposes of judicial review, under Section 4-183, Connecticut General Statutes.

(e) A variance may be constructed so as to limit the area, amounts, and time of application of the pesticide.

(Effective February 14, 1975)

Sec. 22a-50-9. [Repealed]

Latest version.

Repealed June 23, 1983.