West Virginia Code § 19-16A-5

Registration of pesticides; fees; confidentiality of trade secrets
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(a) Every pesticide which is manufactured, distributed, sold or offered for sale, used or
offered for use within this state, or delivered for transportation or transported in intrastate
commerce or between points within this state through any point outside this state shall be
registered in the office of the commissioner, and such registration shall be renewed
annually. The commissioner may register and permit the sale and use of anye pesticide which
has been registered under the provisions of 7 U.S.C. § 136 et seq., as the same is in effect on
the effective date of this article: Provided, That such pesticides are subrject to registration
fees and all other provisions of this article.
(b) Products which have the same formula, and are manufactured by the same person, the
labeling of which contain the same claims and which have detsignation identifying the
products as the same pesticide may be registered as a single pesticide without an additional
fee.
(c) Within the discretion of the commissioner or hisl or her authorized representative, a
change in labeling or formulas of a pesticide msay be made within the current period of
registration, without requiring a new registration of the product. The period of registration
shall be for one year, commencing on January 1, and ending on December 31, of each year.
(d) The registrant shall file with the commissioner a statement including:
(1) The name and address of the registrant and the name and address of the person whose
name will appear on the label, if other than the registrant;
(2) The name of the pesticide;
(3) A completVe copy of the labeling accompanying the pesticide and a statement of all claims
to be made for it including directions for use; and
(4) If requested by the commissioner, a full description of the tests made and the results
thereof upon which the claims are based and the analytical method or methods employed in
determining the percentage of each active ingredient listed on the label to be registered. In
the case of renewal of registration, a statement is required only with respect to information
which is different from that furnished when the pesticide was registered or last registered.
(e) The registrant shall pay an annual fee as prescribed by rules promulgated hereunder for
each brand and grade of pesticide. The fees shall be deposited in the State Treasury and to
the credit of a special fund to be used only for carrying out the provisions of this article, and
shall be expended upon order of the commissioner of agriculture, pursuant to section
twenty-three of this article.
(f) The commissioner may require the submission of the complete formula of any pesticide. If
it appears to the commissioner that the composition of the item is such as to warrant the
proposed claims for it and if the item and its labeling and other material required to be
submitted to comply with the requirements of this article, he or she shall register the item.
(g) If it does not appear to the commissioner that the item is such as to warrant the proposed
claims for it or if the item and its labeling and other material required to be submitted do not
comply with the provisions of this article, he or she shall notify the registrant of the manner
in which the item, labeling or other material required to be submitted fails to comply with
this article so as to afford the registrant an opportunity to make the necessaery corrections.
(h) The commissioner may not make public, information which, in his or her judgment,
contains or relates to trade secrets, commercial or financial information obtained from a
person and privileged or confidential, except that, when necessaury to carry out the
provisions of this article, information relating to formulas of products acquired by
authorization of this article may be revealed to any federal, sttate or local agency consultant
and may be revealed at a public hearing or in findings of fact issued by the commissioner
when it is in the public's best interest.
(i) The commissioner shall provide the necessary folrms to register pesticides.

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