The Federal Insecticide, Fungicide, and Rodenticide Act Section 25(b), identifies certain pesticide active ingredients as “minimum risk” and therefore exempts these minimum risk active ingredients from federal registration. While these active ingredients are exempt from federal registration, the New Mexico Pest Control Act requires companies to register with New Mexico Department of Agriculture all pesticides, including 25(b) products that are distributed in the state.
To register a pesticide product in New Mexico as a 25(b), it must meet all of the general conditions outlined in the Code of Federal Regulations Title 40 152.25(f) and by the Environmental Protection Agency.
Required items for submission:
You can submit to:
Our physical address at -
New Mexico Department of Agriculture (NMDA) Pesticide Compliance
Shipping & Receiving Department
1050 Stewart Las Cruces, NM 88003
Or our mailing address -
NMDA – Pesticide Compliance
MSC 3AQ
PO BOX 30005
Las Cruces, NM 88003
Once a product has been approved, the registrant will be notified, including registration costs based on $100.00 per product registered. In the event a product registration request is not approved, the registrant will be notified of the reasons, and be provided an opportunity to correct or withdraw their registration request. Do not send payment with your application.
Although New Mexico Department of Agriculture does not require efficacy studies to be submitted with the application, the department does reserve the right to request efficacy studies from the registrant in order to substantiate labeled claims. Refusal or inability of a registrant to provide efficacy studies requested by New Mexico Department of Agriculture within seven days of a registrant receiving a request shall result in the immediate cancellation of the product’s registration. Efficacy studies provided by the registrant that do not support labeled claims, as determined by New Mexico Department of Agriculture, shall also result in the immediate cancellation of the product and immediate withdraw from sale in the state.
**Registration of a pest control device under the New Mexico Pesticide Control Act is not an indication or warranty that the device is suitable for any particular purpose. NMDA does not test registered pest control devices for quality or functionality, nor does NMDA endorse or recommend the use of any registered pest control devices.
New Mexico Pest Control Act Section 76-4-3 defines a device as “any instrument or contrivance other than a firearm that is intended for trapping, destroying, repelling or mitigating any pest or any other form of plant or animal life, other than humans and other than bacteria, viruses or other microorganisms on or in any living thing other than plants, but does not include equipment used for the application of pesticides when sold separately therefrom, or traps used to control predators or rodents or sterilization using dry heat or steam”. Under the New Mexico Pest Control Act, registration with New Mexico Department of Agriculture is required for specific products and devices that make pesticidal claims and will be distributed in New Mexico.
Examples of devices that require registration:
Examples of devices that do not require registration:
Required items for submission:
You can submit to:
Our physical address at -
New Mexico Department of Agriculture (NMDA) Pesticide Compliance
Shipping & Receiving Department
1050 Stewart Las Cruces, NM 88003
Or our mailing address -
NMDA – Pesticide Compliance
MSC 3AQ
PO BOX 30005
Las Cruces, NM 88003
Once a product has been approved, the registrant will be notified, including registration costs based on $100.00 per device type registered. In the event a product registration request is not approved, the registrant will be notified of the reasons, and be provided an opportunity to correct or withdraw their registration request. Do not send payment with your application.
Although New Mexico Department of Agriculture does not require efficacy studies to be submitted with the application, the department does reserve the right to request efficacy studies from the registrant in order to substantiate labeled claims. Refusal or inability of a registrant to provide efficacy studies requested by New Mexico Department of Agriculture within seven days of a registrant receiving a request shall result in the immediate cancellation of the device’s registration. Efficacy studies provided by the registrant that do not support labeled claims, as determined by New Mexico Department of Agriculture, shall also result in the immediate cancellation of the device.
Brad Lewis, AES Division Director
ddaes@nmda.nmsu.edu
575-646-3207
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Closed for lunch
12:00 p.m. - 1:00 p.m.
PO Box 30005 MSC 3189
Las Cruces, NM 88003
Please call the NMDA Main Office
in Las Cruces at (575) 646-3007
for assistance.
Closed for lunch
12:00 p.m. - 1:00 p.m.
1101 Camino de Salud NE
Albuquerque, NM 87102
(505) 383-9299 Phone
(800) 432-9110 In State Only
(505) 383-9294 Fax
(505) 220-4489 After Hours
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