Registering Pesticides


Pesticides and Their Registration for Distribution, Sale and Use:
Pesticides include insecticides, herbicides, fungicides, plant growth regulators, defoliants, desiccants, biological control agents, and other substances or mixtures of substances intended to prevent, destroy, repel, or mitigate any pest.

For a pesticide to be used legally in the state of Nebraska, it needs to be registered with the Nebraska Department of Agriculture (NDA). All pesticides which are distributed within the state shall be registered. Additionally, all pesticides delivered for commerce within the state through a point outside the state shall be registered.

Exemptions to the Registration of Pesticides:
Registration is not required for the transportation of a pesticide from one plant or warehouse to another plant or warehouse operated by the same person, if the pesticide is used solely at the second plant or warehouse as a constituent of a pesticide already registered in the state. Registration is not required if the pesticide is distributed under the provisions of an experimental-use permit issued by the EPA.

Additionally, State registration is not required for products meeting the federal standards of Minimum Risk Pesticides exempted under FIFRA Section 25(b). According to PR Notice 2000-6, Section 25(b) exempt product labels must be submitted for review and approval by the NDA, but no registration fee is assessed.

The Registration Process:
The manufacturer of a pesticide which is required to be registered with the NDA, shall be called a Registrant.

A registrant shall apply for product registration by providing to the NDA a completed application form (available upon request) with the following:

  • The name and address of the registrant and the name and address of the business whose name shall appear on the pesticide label, if not the registrant's.
  • The use classification, whether for restricted or general use, as provided by the federal act.
  • A designation of a resident agent for service of process in actions taken in the administration and enforcement of the Pesticide Act. In lieu of designating a resident agent, the registrant may designate in writing the Secretary of State as the recipient of service of process for the registrant in this state. (A form letter is available upon request.)
  • The name of the pesticide.
  • The product's active ingredient, EPA registration number, and EPA establishment number.
  • One copy of all labeling to accompany the pesticide and the statement of all claims to be made for it, including directions for use. Each unique label requires separate registration.
  • A $160 fee per product being registered.

Pesticides are registered through December 31, renewable annually. Renewal notices are mailed on November 1 each year.

Products no longer being manufactured or distributed within the state may have their registration status inactivated. Inactive products are maintained in our database for a minimum of two years beyond the last year of registration.

All registrants shall also apply for a license to distribute pesticides. In accordance with section 2-2635 of the Nebraska Pesticide Act, any person who distributes, at wholesale or retail or possesses pesticides with an intent to distribute, is required to obtain a Pesticide Dealer License for each distribution location.

The following forms are available on line (in pdf format) or from our office. You may contact us for further information at the address and phone number shown below.

Application for License to Distribute Pesticides
Application for Registration of Pesticide

The description above applies to pesticides registered under a "Section 3", or general, label. This refers to the section in the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) which authorizes the registering of pesticides. Within FIFRA, there are also two other ways to get a pesticide registered: through a Section 18 (emergency exemption), or a Section 24(c) (special local need). These are described below.

Section 18 Emergency Use Pesticides: Section 18 of FIFRA allows for the emergency use of a pesticide that is not currently registered for that use. The link for EPA’s Section 18 web page is Pesticide Emergency Exemptions | US EPA.

Section 18 exemptions are requested by the potential users of the pesticide, not by the company that makes the pesticide. The request is submitted to the NDA through the Pesticide Program which then works with the user group, the pesticide registrant, the University of Nebraska, the Nebraska Pesticide Board and U.S. EPA to develop the written request that is required by FIFRA regulation.

One the NDA has satisfied all of the preliminary steps required by state and federal regulation, the request is submitted to EPA for review and determination for approval or denial of the request. The entire process can take up to 4 or 5 months, so user groups are encouraged to contact NDA at the earliest opportunity to discuss the process.

Section 24(c) Special Local Need (SLN) pesticides: Section 24(c) of FIFRA allows for a currently registered pesticide to be used in a state for a situation that is not currently listed on the pesticide label, but is allowed if the state approves the use and EPA accepts the label from the state and pesticide registrant. The link for EPA’s Section 24(c) web page is Pesticide Registration Manual: Chapter 17 - State Regulatory Authority | US EPA.

Section 24(c) labels are submitted by the pesticide registrant, with supporting letters from the potential user group and other recognized experts associated with the use or pest in question. The request is submitted to NDA through the Pesticide Program, reviewed and acted on by the Nebraska Pesticide Board, and if approved by the Director of Agriculture, allowed to be used immediate upon submission to EPA for review. EPA has 60 days in which to deny the label request, after which the label is considered to be registered for the period of time identified on the label, but no more than five years.