Product Registration

Pesticides must be registered in New Mexico before they can be distributed or used in the state. Any product that claims to control, mitigate, or repel a pest is a pesticide, including insecticides, herbicides, fungicides, rodenticides, insect repellents, desiccants, sanitizers, and more.

Pesticides may be restricted - classified for use only by certified applicators – by either federal or state law. Products restricted by federal law are automatically restricted in the state. In addition to federally-restricted pesticides,  certain herbicides are restricted within New Mexico by state law.

Federally-restricted pesticides are clearly marked on the front of the label. NM-restricted  herbicides are 2,4-D products labeled primarily for use in agriculture, rights-of-way, forests, and similar sites. 2,4-D herbicides labeled primarily for ornamental, turf, or home garden plantings are not restricted.

NMDA inspects businesses that sell pesticides, like feed stores, hardware stores, agrochemical dealers, and garden centers. Inspectors make sure that all the pesticides for sale are displayed and stored safely and are registered in the state.

Information for Registrants

All pesticides and devices must be registered before they can be offered for sale in New Mexico. Products are registered by their marketing label, not their active ingredient or EPA number. For instance, if the product is marketed with different fragrances, alternate brand names, “lock and load” or water-soluble bags, etc., each different fragrance, formula, etc. must be registered.

NOTE:  All labels, revisions and supplemental distribution forms should be submitted in PDF format via either email or on a CD.

To register, submit:

  1. A completed application form.
  2. Marketing labels for each product, in PDF format; send via email or on a CD.
  3. For any supplementally distributed products, a PDF of EPA Form 8570-5, Notice of Supplemental Distribution.
  4. The registration fee of $100 per product.

Special registrations (experimental use permits, Section 18 exemptions, and 24c exemptions) are not subject to the registration fee if their parent product is registered.

Registering 25(b) pesticides or devices

All products and devices that make pesticidal claims must be registered by NMDA before they are distributed in the state. This includes products that may be exempt from federal registration, such as 25(b) pesticides and certain pest control devices. To register devices and 25(b) pesticides in New Mexico, registrants must submit:

  1. A list of all active and inactive ingredients and their percentages, totaling 100%;
  2. A copy of the labeling accompanying the pesticide or device, directions for use, precautions, and a description of any claims;
  3. A full description of the tests and results upon which the claims are based (efficacy data). Data must support the claims made by the product. It must be from independently collected, double-blind, replicated studies that have been peer reviewed (by at least two experts). The information should include comparisons to industry standards and must describe the experimental design; material and methods; results, using standard scientific statistical procedures; the names and addresses of researchers who conducted the research; and an interpretation of those results as well as the two experts reviewing the data. Testimonials, in-house studies, and similar material are not acceptable; and
  4. A completed application form.

When applying to register devices or 25B products, DO NOT send the registration fee with the application. NMDA will review the application and determine if the product can be registered, then notify you to submit the fee.

For more information on registering 25(b) products or devices, telephone Cary Hamilton at 575-646-7020 or email him.

Special Local Need Registrations

The New Mexico Department of Agriculture can approve the use of pesticides for localized pest problems or emergency pest infestations, known as Special Local Need, or 24(c), registrations. The product’s registrant may apply for a Special Local Need registration by submitting:

  1. A letter from the registrant requesting the SLN registration and expressing support, including that of growers, grower groups, cooperative extension specialists, and other stakeholders;
  2. Explanation of why the SLN registration is needed – a new pest problem for which there are no suitable registered products; significantly improved control; a different application method; resistance management; etc.;
  3. Letters of support from grower associations, cooperative extension specialists, and/or other knowledgeable experts;
  4. The region or counties in New Mexico where the SLN will apply;
  5. Estimates of the acreage to be treated, the number of growers who would use the SLN, and the anticipated time frame when it will be used;
  6. A copy of the federally-registered FIFRA Section 3 label;
  7. A copy of the draft SLN label;
  8. Any additional pertinent information, such as results of research (especially any conducted in the affected region) and whether any other states have registered the SLN; and
  9. The completed US EPA Form 8570-25, “Application for Notification of State Registration,” available on EPA’s web site.

There is no charge to apply for a Special Local Need, but the Section 3 product must be registered in New Mexico. Allow up to 30 days for NMDA to review the complete application package. After NMDA approval, the US Environmental Protection Agency has 90 days to comment and/or disapprove it. If EPA disapproves, the SLN cannot remain effective and will be cancelled by NMDA.

For more information on Special Local Needs registrations, telephone Cary Hamilton at 575-646-7020 or email him.