2200 REGISTRATION OF PESTICIDES

2200.1 Only those compounds that are registered with the Pesticide Registration Division of the U.S. Environmental Protection Agency (the 'EPA') shall be manufactured, sold, shipped, used, or applied in the District, and they shall be used only in the manner or manners specified and approved by the EPA.2200.2 The Mayor may, in his or her discretion, require that pesticides registered with the EPA which are distributed within the District shall be registered also with the Mayor.2200.3 Except as provided in §2200.4, every pesticide product that is distributed in the District shall be registered with the Director of the Department of Environmental Services (the 'Director').2200.4 Registration shall not be required if a pesticide is shipped from one (1) plant or warehouse to another plant or warehouse operated by the same person and used solely at the plant or warehouse as a constituent part to make a pesticide which is registered under the provisions of the Act, or if the pesticide is distributed under the provisions of an experimental use permit issued by the EPA.2200.5 No person shall use or reveal for his or her own advantage any information relative to the formula of pesticide products acquired by the authority of § 3 of the Act, except that, this provision shall not be deemed to prohibit the disclosure of information to the Director, to proper officials or employees of the District, to courts of competent jurisdiction in response to a subpoena, or to physicians or pharmacists or other qualified persons for use in the preparation of antidotes.2200.6 If it appears to the Director that the composition of a pesticide warrants the proposed claims for it, and if the pesticide and its labeling and other material required to be submitted comply with the requirements of the Act, the Director shall register the pesticide.2200.7 All pesticides registered in the District pursuant to the pesticide provisions of this title (Chapters 22 through 25) shall be distributed in the registrant's or the manufacturer's unbroken immediate container.2200.8 A label bearing the information required by the Federal Insecticide, Fungicide, and Rodenticide Act ('FIFRA') shall be affixed to the container of each registered pesticide, and to the outside container or wrapper, if any.2200.9 No person shall detach, alter, deface, or destroy, wholly or in part, any label or labeling prescribed by FIFRA.

AUTHORITY: Unless otherwise noted, the authority for this chapter is § 412 of the District of Columbia Self-Government and Governmental Reorganization Act, as amended, 87 Stat. 790, Pub. L. No. 93-198, D.C. Code § 1-227(a); and the Commissioner's Order 71-255 effective July 27, 1971; as amended by Commissioner's Order 72-96 effective April 19, 1972; and by the Pesticide Operations Act of 1977, D.C. Law 2-70, 24 DCR 6867 (February 17, 1978); Mayor's Order 78-156 dated August 1, 1978.

SOURCE: Section 4(a) of the Pesticide Operations Act of 1977, D.C. Law 2-70, 24 DCR 6867, 6879 (February 17, 1978); as amended by Final Rulemaking published at 25 DCR 3044, (October 6, 1978), incorporating Proposed Rulemaking published at 25 DCR 2118 (August 25, 1978).

EDITOR'S NOTE: Chapter 10, Control of Pesticides was renumbered Chapter 22.