Last updated October 13, 2017
What is the pesticide registration fee and surcharge structure and how is it paid?
The fee to register a pesticide in Minnesota is a specified percent of the gross sales with a minimum fee of $350 per product. In addition, there is a Waste Pesticide Program surcharge. The registration fee and surcharge are paid by the registrant when registering a new product and when renewing each product annually.
- for each agricultural pesticide product the registrant shall pay a Waste Pesticide Program surcharge of $50 for a total per product payment of $400 (minimum registration fee of $350 plus Waste Pesticide Program surcharge of $50)
- for each non-agricultural pesticide product the registrant shall pay a Waste Pesticide Program surcharge of $125 for a total per product payment of $475 (minimum registration fee of $350 plus Waste Pesticide Program surcharge of $125).
NEW: the Waste Pesticide Program surcharge increased from $50 to $125 for each non-agricultural pesticide product on July 1, 2017. This increase applies to applications for registration of new non-agricultural pesticides postmarked on or after July 1, 2017 and to the annual renewal of each non-agricultural pesticide product. For more information on the surcharge increase, including directions for how to use the new Application for Registration of New Pesticide Products (PDF), see the letter MDA mailed out to registrants in July 2017.
Sales fees for non-agricultural and agricultural pesticides are paid separately and have different sales reporting requirements. See below for more details.
How are agricultural/non-agricultural pesticides defined?
An “agricultural pesticide” is a pesticide product with a label that includes the “Agricultural Use Requirements” box and a “non-agricultural pesticide” is a pesticide product with a label that does not include the “Agricultural Use Requirements” box. A pesticide product with a label that includes the Agricultural Use Requirements box indicates that some or all of the uses of that product are subject to the federal Worker Protection Standard. Dual use products, meaning pesticide products with a label including both the Agricultural Use Requirements box and a Nonagricultural Use Requirements box, are considered agricultural pesticides.
Who pays sales fees on non-agricultural pesticides?
Sales fees for non-agricultural pesticides are paid by the registrant and must be filed by March 1 for the previous year’s sales. Gross sales reporting forms will be mailed to registrants in early January. For a nonagricultural pesticide, a registrant shall pay a fee of 0.5 percent of annual gross sales.
Who pays sales fees on agricultural pesticide?
Sales fees for agricultural pesticides are paid by the pesticide dealer selling in or into the state to an end-user. Pesticide dealers report and pay fees using a separate online sales reporting application. For an agricultural pesticide, the agricultural pesticide dealer shall pay a fee of 0.55 percent of annual gross sales.
A registrant selling agricultural pesticides in or into the state directly to a pesticide end-user must first obtain an agricultural pesticide dealer license and pay MDA fees on end-user sales.
- Are you selling agricultural pesticides directly to end-users?
- Do you contract agents or pay commission to person(s) or companies to sell and/or distribute agricultural pesticides to end-users?
- Do you sell co-paks, value paks, pallet packs or manufacture packages of multiple products sold as one unit to end-users that include at least one agricultural pesticide?
If yes to any of the above questions, registrants must obtain a pesticide dealer license. For information about selling agricultural pesticides to end-users, or obtaining an agricultural pesticide dealer license please contact Brendan Wright by email at: Brendan.Wright@state.mn.us or 651-201-6188.
What is the registration period?
Minnesota’s pesticide registration period is a calendar year, January 1 – December 31. The registration fee is not pro-rated for a partial year’s registration. The full registration fee is required, regardless of the time of year the pesticide registration application is submitted.
What is ACRRA and how are those fees paid?
ACRRA, see Minnesota Statutes Chapter 18E.03 stands for agricultural chemical response and reimbursement account. The funds in the ACRRA account are used to clean up spills of agricultural chemicals. Currently, the ACRRA fee is 0.17 percent of pesticide sales and is an additional fee paid by both registrants and dealers when reporting annual sales. For more information about ACCRA, please visit the ACCRA Reports page.
Is Minnesota an ALSTAR participant?
Yes, Minnesota is an ALSTAR (Accepted Labels State Tracking and Repository) participant. ALSTAR is a system that facilitates the exchange of information between regulatory agencies and registrant companies. If submitting revised labels/SDS via ALSTAR, do not also send them directly to the Minnesota Department of Agriculture. If submitting labels and SDS for a new registration via ALSTAR, please indicate on the registration application that the labels and SDS have been submitted via ALSTAR.
What MUST be included in the pesticide registration application?
- The Application for Registration of New Pesticide Products (PDF).
[NEW – this form changed on July 1, 2017 to reflect the increase in the non-agricultural pesticide waste surcharge. See the letter MDA mailed out to registrants in July 2017 for more details and instructions. All submissions to register a new product now must be made with this new form.]
- The fee and surcharge –
- $400 for each agricultural pesticide ($350 minimum registration fee plus $50 Waste Pesticide Program surcharge).
- $475 for each non-agricultural pesticide ($350 minimum registration fee plus $125 Waste Pesticide Program surcharge) [NEW – the non-agricultural waste surcharge increased from $50 to $125 per non-agricultural pesticide product on July 1, 2017 – see the letter MDA mailed out to registrants in July 2017 for more details]
- An electronic copy of the product label and SDS submitted via ALSTAR or on a disk.
If submitting labels/SDS via ALSTAR, do not also send them on a disk. If submitting the label/SDS for a new registration via ALSTAR, please indicate on the registration application form that the label/SDS have been submitted via ALSTAR.
Are copies of the confidential statement of formula (CSF) and the EPA stamped approved label required?
Copies of the CSF and of the EPA stamped approved label are not required to be submitted.
Do alternate brand names or distributor labels require registration?
Minnesota Statute, Chapter 18B.26 Subdivision 1(e) states “Each pesticide with a unique United States Environmental Protection Agency pesticide registration number or a unique brand name must be registered with the commissioner.” Accordingly, alternate brand name, distributor products are required to be registered.
Does a basic producer's product need to be registered before a supplemental distributor's version of the product can be registered?
No, a basic producer’s product does not need to be registered before a supplemental distributor’s version of the same product can be registered.
Does Minnesota require a separate label for a different package size of a product?
No, it is not necessary to send a label for each different package size of a product, if the labels are otherwise identical.
Does Minnesota require submission of FIFRA Sec. 2(ee) bulletins?
No, Minnesota does not require submission of 2(ee) bulletins.
What are the requirements for a FIFRA Sec. 24(c) Special Local Need (SLN) registration?
What are the requirements for a FIFRA Sec. 18 Emergency Exemption?
What are the requirements for an Experimental Use Permit (EUP)?
Does Minnesota register or regulate pesticide spray adjuvants?
No, Minnesota does not register or regulate adjuvants/additives.
Does Minnesota require registration of FIFRA 25(b) minimum risk pesticides?
No, Minnesota does not require registration of FIFRA 25(b) minimum risk pesticides.
Does Minnesota require registration of Manufacturing Use Pesticides (MUPs), technical grade pesticides, pesticides used for formulating?
Yes, Minnesota requires registration of MUPs, technical grade, formulating use pesticides.
Does Minnesota require registration of pest control devices?
No, Minnesota does not require registration of devices used to control pests.
Does Minnesota classify as Restricted Use any pesticides other than the pesticides classified as restricted use by the U.S. EPA?
Minnesota does not classify as Restricted Use any pesticides other than the pesticides classified as Restricted Use by the U.S. EPA.
When renewing products, how do I mark my products as discontinued on the renewal form?
There is a small column with an “S” over it. The “S” stands for “Status”. For products going into the first year of discontinuation, write a 1 in this column next to the product brand name. For products going into the second year of discontinuation write a 2 over the 1 that is already in this column. Products that are already marked with a 2 in this column have completed the required two years of discontinuation. They can be cancelled at this point (by crossing out the “2” and writing a “C” over it and crossing out/drawing a line through the product brand name). If a product is found in the channels of trade at a later date that has gone through the discontinuation procedure, you will be given the opportunity to take the product back without being charged a penalty fee.
Does Minnesota have a discontinuation policy? Do I need to pay the fees for products being discontinued?
Minnesota Statute, Chapter 18B.26, Subdivision 6, states; “To ensure complete withdrawal from distribution or further use of a pesticide, a person who intends to discontinue a pesticide must: 1) terminate a further distribution within the state and continue to register the pesticide annually for two successive years; 2) initiate and complete a total recall of the pesticide from all distribution in the state within 60 days from the date of notification to the commissioner of intent to discontinue registration; or 3) submit to the commissioner evidence adequate to document that no distribution of the registered pesticide has occurred in the state.”
The EPA Reg. No. OR the name of my product(s) has changed. How do I reflect this on the RENEWAL application?
Minnesota registers the product label, not the product itself or its ingredients. When there is a change in the label, such as an EPA Reg. No. or the name of the product, it is considered to be a new product requiring a separate registration. Remember, a product Label and SDS is required for the “new” product(s). The “old” Reg. No. must continue to be registered or be discontinued.
Can we add new products to the renewal form or do we need a separate application?
No; new products cannot be added to the renewal form. If you need an additional application to register a new product, let us know. You can also download it from the internet at Application for Registration of New Pesticide Product (PDF)
When and how are revised labels/SDS required to be submitted?
After the original label/SDS submission, a resubmission is only needed if there have been revisions. Electronic PDFs of labels/SDS must be sent on a disk or via ALSTAR. When submitting a revised or amended label that includes a new use site, please indicate this in the subject line of the submission and list the specific new use site (e.g. new use site/corn). If sending via ALSTAR, do not also send them directly to the Minnesota Department of Agriculture. Please refer to Pesticide Use Site Index for EPA’s list of use sites.
We are closed the last two weeks of the year for Christmas. Is it possible to waive the renewal late fee?
Minnesota Statute, Chapter 18B.26, Subdivision 3(f) states: “An additional fee of 50 percent of the registration application fee must be paid by the applicant for each pesticide to be registered if the application is a renewal application that is submitted after December 31.” Because this is in the Statute, we cannot make any exceptions. The envelope containing your renewal application must be postmarked by December 31. If it is postmarked January 1 or later, the late fee will be due for each product to be renewed. However, new products are not subject to the late fee.