Products Considered Different

Indiana Pesticide Product Registration Requirements - Products that are Considered Different

The Office of Indiana State Chemist (OISC) is providing Industry with clarification on what are considered different pesticide products in the state of Indiana. Additional details can be located in our Frequently Asked Questions document.

According to IC 15-16-4-56: "For more than one (1) pesticide product to be considered the same pesticide product, each pesticide product must exhibit the same: (1) product name; (2) registrant name; (3) United States Environmental Protection Agency registration number; (4) labeling, claims, and branding; and (5) ingredient statement."

1. When do Registrants need to submit additional applications for products?

   Here are some examples of when an additional application is required for registration in Indiana:

   1. Label Revisions include changes to:
      1. Company name
      2. Product name
      3. Branding
   2. Products in the marketplace include:
      1. labels with different Directions for Use
      2. different application equipment (i.e. Different hoses/dispensers, hose attachments, etc.)
      3. different users (commercial vs homeowner) or sites (ornamental vs lawn)
      4. kit/co-pack with multiple products (i.e. different scents, pesticides, and/or non-pesticides)
   3. Products are specifically sold:
      1. as different colors (i.e. air purifier sold in black, white or red)
      2. for a different size, location, or site (i.e. 1) small dog, medium dog, large dog; 2) small room, large room)
         
         
2. What if a Registrant already has one registration for a product that has been identified as requiring additional registrations?

   OISC is providing registrants with the deadline of March 1, 2023 to have their registrations corrected. Registrants may reach out to OISC for assistance. Upon collaboration with the Registrant, OISC will update the currently registered product as needed. The Registrant will submit additional registrations as needed. Note, the revisions for currently registered products will only be provided for 1.b and 1.c products.

3. What happens if Registrants do not provide additional applications for registration by March 1, 2023?

   Products found in the marketplace could be deemed unregistered. This may result in a Stop Sale being issued against your products. Late fees will be required for products deemed unregistered and additional enforcement penalties may also be assessed.

4. Does an additional application mean that we need to submit an additional fee?

   Yes, an additional application means that you would submit a full new product application. This would include application form, fee, and specific requirements for the type of product (25(b), device, Section 3).

Please direct all questions to:

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