EPA Proposes New Guidance Addressing Pesticide Registration Notifications And Non-Notifications

What Happened: On January 5, 2026, the U.S. Environmental Protection Agency (EPA) published a draft Pesticide Registration Notice (PRN) intended to update and clarify longstanding guidance that outlines the changes that EPA may accept by notification, non-notification, or minor formulation amendment for all pesticide products. EPA is accepting public comments on the draft PRN until February 19, 2026. When final, EPA's new PRN will supersede PRN 98-10 ("Notifications, Non-notifications and Minor Formulation Amendments") in its entirety.

Who is Impacted: Pesticide product registrants and other industry stakeholders who produce, distribute, and\/or sell pesticides in the United States.

What Should They Consider Doing in Response: Carefully review EPA's draft PRN, consider submitting comments by the February 19 deadline, and monitor the Federal Register for EPA's final publication of the new PRN.

Background

Under FIFRA's implementing regulations, registrants must follow specific procedures when modifying a registered product's composition, labeling, or packaging. Pursuant to 40 C.F.R. § 152.44, most such changes require submission of a formal application for amended registration and EPA review and approval before the modified product may be legally distributed or sold. However, 40 C.F.R. § 152.46(a) authorizes EPA to permit certain minor modifications that present "no potential to cause unreasonable adverse effects on the environment," via notification to EPA, without prior review or approval. EPA also has the authority to designate certain very limited changes as "non-notifications," for which neither EPA notification nor advance approval is required.

For decades, EPA's Office of Pesticide Programs has issued numerous PRNs to inform the regulated community and other stakeholders about the Agency's pesticide registration policies and procedures under FIFRA. Although PRNs are not legally binding, they articulate EPA's interpretation of FIFRA requirements and its compliance expectations, thereby fostering consistent approaches and decision-making by registrants, states, and EPA staff.

Since its issuance in 1998, pesticide registrants have relied on PRN 98-10 as a principal resource for determining whether to submit proposed label and other product changes to EPA as amendments or notifications, or if a proposed change may qualify as a non-notification. With the exception of temporary, pandemic-related modifications, PRN 98-10 has remained largely consistent over time.

EPA's Draft PRN

On January 5, 2026, EPA announced the availability of a draft PRN that will replace and supersede PRN 98-10. According to EPA, the proposed changes to PRN 98-10 will align EPA's guidance with fee-for-service categories added over the years by various iterations of the Pesticide Registration Improvement Act (PRIA), andotherwise streamline and clarify EPA's processes.

Like PRN 98-10, the draft PRN is organized into four main sections: (1) labeling notifications, (2) formulation notifications, (3) non-notifications, and (4) minor formulation amendments. Among the key changes to PRN 98-10, EPA proposes:

• Allowing registrants to list all inert ingredients on a product label via notification.
• Establishing new criteria for label notifications that add an application method to a pesticide label.
• Creating new label notification pathways for:
  • adding or revising placeholders to allow state-required fertilizer restrictions;
  • label revisions for 100-percent repacked products;
  • modifications to label referral statements that direct users to another section of the labeling; and
  • new label marketing claims that do not substantially differ from EPA-approved claims and do not require submission of data or additional review.
• Permitting registrants to add registered sources of an active ingredient with varying concentrations to a product's Confidential Statement of Formula (CSF) via notification, provided the concentrations of the alternate sources are within the EPA-approved certified limits for the product and other specific criteria are met.
• Allowing registrants to revise inert ingredient trade names via notification, and to change a commodity inert ingredient source via non-notification.
• Permitting registrants to add a registered establishment to a product's CSF via notification for certain end-use and manufacturing-use products formulated with a registered source of active ingredient.

• Establishing new criteria for making a packaging size and net contents change via non-notification.
• Clarifying that changes made to comply with the Spanish language translation requirements established under PRIA 5 may be accomplished via non-notification.
• Allowing registrants to add or delete label statements denoting that a product is not registered in certain states via non-notification. However, label statements that indicate a product is "not for use in" a state must be added or deleted by amendment.
• Permitting registrants to add or remove Endangered Species Protection Bulletins Live! Two (BLT) language via non-notification when certain criteria are met.
• Deleting specific sections of PRN 98-10 that address changes to label advisory statements, statements of practical treatment, storage and disposal statements, and container recycling statements, all of which were previously superseded by PRNs 2000-5, 2001-1, 2007-1, and 2007-4. However, EPA specifically calls out that proposed guidance in the draft PRN allowing for additions, modifications, or deletions of mandatory or advisory statements supersedes any contrary guidance in section II of PRN 2000-5.

In addition, EPA's draft PRN includes a new description of EPA's expectations for the incorporation of non-notification changes on supplemental distributor product labels.

Next Steps

While this alert describes some of the key changes included in the draft PRN, EPA's regulatory docket includes a comprehensive table explaining the differences between PRN 98-10 and the draft PRN. Interested parties should carefully review the proposal materials and consider submitting comments on the proposed draft PRN by February 19, 2026.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.