Pesticide Registration

All pesticides in the U.S. must be registered with Environmental Protection Agency (EPA) unless they meet the criteria for a minimum risk pesticide. Additionally, Michigan requires all pesticides, including those that EPA exempts under FIFRA 25(b), be registered with the Michigan Department of Agriculture and Rural Development (MDARD). Registering pesticides ensures producers, businesses, and residents have access to the pesticides they need and helps MDARD identify and track the use and sale of pesticides in Michigan.

How to register a pesticide in Michigan

Michigan requires all pesticides, including those that EPA exempts under FIFRA 25(b), to be registered with MDARD. Michigan uses the following criteria to register pesticide:

If any of these criteria differs from one product to another, each product will be considered a different product and will need to be registered separately. Additionally, if any of the four criteria listed above change on a product that is already registered with MDARD the registrant will need to register the new product and discontinue or cancel the old product.

Minimum risk pesticides

Minimum risk pesticides are exempt from federal registration under FIFRA 25(b). Minimum risk pesticide must meet other requirements, including using only active and inert ingredients approved by EPA as meeting tolerance exemptions and following strict labeling requirements.

Pesticides registered for use on cannabis

MDARD’s Pesticide and Plant Pest Management Division (PPPM) has developed lists of pesticides approved for use on hemp and marijuana. The lists below are updated periodically. A new pesticide can be added to the list by completing an evaluation request form and providing a copy of the label for review. MDARD's policy for evaluation of products includes ensuring label language is appropriate and toxicological assessment.

Discontinuing or cancelling a pesticide registration

A registrant who intends to discontinue a pesticide registration can do either of the following:

  1. Go through two years of discontinuance. If you choose to cancel a registration through discontinuance, you must cease all distribution of the product into the state and continue to register the product for two years. Products can only enter discontinuance during our renewal period (May/June).
  2. Recall all the products from the state. If you choose to cancel a product’s registration via recall, you must notify MDARD in writing. Your notification must be on company letterhead and must contain the following language:

“__Insert Company Name _ requests the cancelation of the following pesticide registration: (list pesticide brand name and EPA Reg. No.) To the best of my knowledge none of these products remain in Michigan’s channels of trade. I understand that if in the future, the above pesticide is found in Michigan’s channels of trade, ___Insert Company Name __ will be responsible for all registration fees, groundwater protection fees, late fees, and possible administrative penalties dating back to the last year the product was registered.”

We are often asked, “We haven’t sold any product in Michigan for several years. Can I just cancel the registration?” As indicated above, our law only provides two options for cancelling a product’s registration: discontinuance and recall. If you are sure no product remains in the channels of trade, you could consider this a form of recall. As such, you could cancel the product’s registration without discontinuance by following the above procedures for cancellation via recall.

Section 18 Emergency Exemptions

Section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizes the EPA to allow Emergency Exemptions (also called “Section 18s”) for unregistered uses of pesticides to address emergency pest conditions. Under such an exemption, EPA allows use of a pesticide in Michigan for a limited period of time once EPA confirms that the situation meets the definition of "emergency condition."

What is the process in Michigan for requesting a Section 18 exemption?
Emergency exemptions are typically requested by crop growers, crop advisors, or others faced with an emergency situation:

  1. Growers identify a problem situation which registered pesticides will not alleviate.
  2. The growers contact their technical expert, normally at a college or university.
  3. The technical expert contacts the registrant of the requested pesticide to determine if the registrant supports a Section 18.
  4. MDARD encourages the technical expert to contact MDARD at this point, prior to submitting an application.
  5. The technical expert prepares and submits an application package to MDARD. The expert uses the federal application requirements found at Title 40 of the Code of Federal Regulations, part 166 to create an outline format for the application package.
  6. MDARD conducts a review of the application package for completeness and makes a preliminary determination of whether the application successfully demonstrates that an emergency condition exists and provides feedback to the expert as needed.
  7. If MDARD determines the request is warranted, MDARD may then submit the application package to EPA.
  8. EPA reviews the package. Typically, EPA attempts to make decisions on the requests within 50 days of receipt.
  9. If EPA issues an exemption, the exemption and Michigan-specific Section 18 label are in effect for a limited time, to address the emergency situation.

Visit EPA’s Pesticide Emergency Exemptions for more information regarding requirements and process.

Special Local Need (24c) Registrations

MDARD can register additional uses of federally registered pesticides to meet Special Local Needs (SLNs) if the following conditions exist: