· Rules. New York has not adopted its own community right-to-know statute or regulation; therefore, federal toxic substance reporting rules prevail. Pesticide product registrants must provide multiple copies of MSDSs with their application.
The OSH Act governs safety and health, including MSDS requirements, in private sector workplaces. The state has a federally approved PESH Act, which applies only to public sector workplaces. The PESH Act adopts the standards of the federal OSH Act concerning MSDS requirements. See the national section MSDS for a comprehensive discussion of the federal rules and a sample MSDS.
· Administration and Enforcement. DEC enforces the federal EPCRA notice and reporting rules and the pesticide registration rules. OSHA administers and enforces MSDS rules in private sector workplaces. PESH administers and enforces MSDS requirements for the public sector.
Pesticide Product Registration
6 NYCRR 326.16 and 6 NYCRR 326.17
An applicant for a pesticide product registration, or for a modification to a registration for a major change in labeling, must submit four copies of the MSDS for the pesticide product(s) containing an active ingredient not contained in a pesticide product previously registered.