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 pesticides:
Section 18 of FIFRA authorizes EPA to allow states to use a pesticide for an unregistered use for a limited time if EPA determines that emergency conditions exist (the exact language from the Act can be found here
). A complete description of the process can be found at EPA's web site
, which also contains a database allowing you to search for approved Section 18s by product, site, applicant, and/or date of approval. The first step in this process, however, is to work with the NDA. Please refer to the contact information at the bottom of this page for more information.
Section 24(c) pesticides:
Under the authority of §24(c) of FIFRA, states may register an additional use
of a federally registered pesticide product, or a new end-use
product to meet special local needs (the exact language in FIFRA can be found here
). EPA reviews these registrations, and may disapprove the state registration if, among other things, the use is not covered by necessary tolerances, or the use has been previously denied, disapproved, suspended or canceled by the EPA Administrator, or voluntarily canceled subsequent to a notice concerning health or environmental concerns. EPA has established guidance on the process of submitting a request for special local need registrations (click here
), however, please note that an applicant must work with NDA to do this. Click here
to see the 24(c) requests granted in Nebraska, beginning in 1988. Questions should be directed to NDA using the "contact us" button.