Under Section 5 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the United States Environmental Protection Agency (EPA) will allow manufacturers to field test pesticides under development. Manufacturers of conventional pesticides must obtain Experimental Use Permits (EUPs) before testing new pesticides or new uses of pesticides if they conduct experimental field tests on 10 acres or more of land or one acre or more of water. Biopesticides also require EUPs when used in experimental settings.
A person may not use or distribute an experimental use pesticide product in the state until it is registered with the commissioner. Experimental use pesticide product registrations expire on December 31 of each year and may be renewed on or before that date. (State Statute)
An experimental use pesticide product is defined as any federally registered or unregistered pesticide the use of which is authorized by an Experimental Use Permit issued by the EPA. (State Statute)
To determine whether a Minnesota experimental use pesticide product registration is required, you need to determine whether an EPA-issued EUP is required. Visit EPA’s Pesticide Registration Manual for more information on EPA requirements and exemption criteria.
Experimental Use Permit Requests
A person must annually file an application for experimental use pesticide product registration with the commissioner. An application to register an experimental use pesticide product must include:
- A completed "Application for Registration of New Experimental Use Pesticide Product" form (Listed under Forms + Resources)
- An application fee of $150 per product
- An additional fee of $200 must be paid by the applicant for each pesticide distributed or used in the state before an initial experimental use pesticide product registration was issued for the pesticide.
- The name and address of the applicant.
- A copy of the EPA permit.
- A description of the purpose or objectives of the experimental use.
- A copy of the experimental use pesticide labeling accepted by the EPA.
- The name, address, and telephone number of cooperators or participants in this state.
- The amount of material to be shipped or used in this state.
- Other information requested by the commissioner.
Application Review and Registration
After reviewing the application and receiving the application fee, the commissioner may issue an experimental use pesticide product registration if the commissioner determines that the applicant needs the registration to accumulate information necessary to register a pesticide under Pesticide Registration statute. The commissioner may prescribe terms, conditions, and a limited period of time for the experimental use product registration. After an experimental use pesticide product registration is issued, the commissioner may revoke or modify the registration at any time if the commissioner finds that its terms or conditions are being violated or are inadequate to avoid unreasonable adverse effects on the environment.
The commissioner may deny issuance of an experimental use pesticide product registration permit if the commissioner determines that issuance of a registration is not warranted or that the use to be made of the pesticide under the proposed terms and conditions may cause unreasonable adverse effects on the environment.
As stated above, experimental use pesticide product registrations expire on December 31 of each year and may be renewed on or before that date.
