EPA Releases Draft Pesticide Registration Notice 2026-NEW: Notifications, Non-Notifications, And Minor Formulation Amendments

On January 5, 2026, the U.S. Environmental Protection Agency (EPA) released its draft Pesticide Registration (PR) Notice, entitled "Pesticide Registration Notice 2026-NEW: Notifications, Non-Notifications, and Minor Formulation Amendments" (Draft PRN 2026-NEW), and announced a 45-day public comment period. 91 Fed. Reg. 271. Since the January 5, 2026, announcement, a 30-day extension to the comment period has been approved but not yet published. In the Draft PRN 2026-NEW, EPA provides proposed guidance to pesticide registrants submitting minor modifications to registrations having no potential to cause unreasonable adverse effects on the environment and that do not require extensive EPA review. Bergeson & Campbell, P.C. (B&C^®) stated in its 2026 Forecast for U.S. Federal and International Chemical Regulatory Policy that this memorandum would be forthcoming; see our January 8, 2026, blog item regarding the initial announcement of PRN 2026-NEW.

The updated guidance, when final, will supersede in its entirety PR Notice 98-10, dated October 22, 1998. EPA's stated intent is to streamline or expand the scope of registration changes accepted by notification, non-notification, and minor formulation amendment (i.e., minor labeling or formulation modifications). The revisions to PR Notice 98-10 include comment from stakeholders, which included, among much feedback, requests for alignment with state regulatory requirements when applicable. Some of the changes from PR Notice 98-10 to PRN 2026-NEW are minimal modifications intended to clarify, and some provisions were unchanged. Some changes are intended to address statutory and regulatory updates that have occurred since its issuance, nearly 30 years ago, such as changes to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and removal of outdated sections that have been superseded by other PR Notices (e.g.,those that are superseded by PR Notices 2001-1 and 2007-4).

Key points for label modifications proposed in Draft PRN 2026-NEW include the following:

• Allowing optional listing of all inert ingredients on a pesticide label via notification (to align with EPA's recent process for inert ingredient disclosure for antimicrobial pesticides);
  
  
• Allowing label revision via notification for a product that is a 100-percent repack to match newly approved changes made to the registered product of which it is a repack;
  
  
• Adding similar application methods via notification when the product meets specific criteria;
  
  
• Adding, deleting, or revising a placeholder for state-required fertilizer restrictions via notification (as long as any added language does not increase exposure to the pesticide);
  
  
• Adding state registration required language or graphics via non-notification (e.g., state registration status, "Do Not Flush" graphics and statements);
  
  
• Adding or deleting Endangered Species Act (ESA) "Bulletins Live! Two" language via non-notification under certain circumstances; and
  
  
• Adding bilingual labeling via non-notification if it is consistent with 40 C.F.R. Section 156.10(a)(3) and is not required through a registration approval.

Key points for formulation modifications proposed in Draft PRN 2026-NEW include the following:

• Clarifications to the definition and criteria of minor formulation amendments;
  
  
• Added Fragrance Notification Program changes to minor formulation amendments;
  
  
• Clarification and expansion of the criteria required to add sources of active ingredient with varying concentrations by notification (via attachment to the confidential statement of formula (CSF; EPA Form 8570-4));
  
  
• Clarification of commodity inerts policy and changes in suppliers permissible via non-notification;
  
  
• Clarification that changes to the nominal concentration of inert ingredients are not permissible for antimicrobials products with public health claims via notification, these changes require submission as an amendment;
  
  
• Under certain conditions, changes to the CSF are permissible via notification (e.g., revise inert ingredient trade names, addition of establishments, corrections of certain errors and minor changes); and
  
  
• Expansion of the list of non-FIFRA label elements that can be revised, added, or removed via non-notification.

A notable proposed change to the process is the elimination of the 60-day wait time for antimicrobial notifications. The Draft PR Notice 2026-NEW allows all products that are modified by notification to be sold or distributed upon EPA's receipt of the notification, and would allow faster distribution of all products. As with PR Notice 98-10, however, if EPA determines that a product has been modified through notification inappropriately, EPA can initiate regulatory or enforcement action.

There are several revisions in the proposed Draft PR Notice 2026-NEW that will make changes to the First Aid Statements and Disposal Statements more time consuming for registrants. Changes that have been superseded by PR Notice 2001-1 (i.e., non-pesticidal changes to First Aid Statement) are no longer allowed by non-notification and must made by amendment. Changes superseded by PR Notice 2007-4 (i.e., Disposal and Recycling Statements), depending on the specific change, now may require either a notification or an amendment. Also, the Draft PR Notice 2026-NEW no longer allows registrants to delete a use associated with a Data-Call-In via notification, but instead must be submitted as a label amendment.

EPA provides PR Notice 2026-NEW and a Summary Table of Significant Changes between PR Notice 98-10 and Proposed PR Notice 2026-NEW in docket EPA-HQ-OPP-2025-2863. Initially, comments were due to EPA on or before February 19, 2026, but a 30-day extension has been approved, with its announcement expected soon.

Commentary

The proposed guidance provided in Draft PR Notice 2026-NEW has been long-awaited. Registrants are hopeful that this guidance, intended to clarify registration changes accepted by notification, non-notification, and minor formulation amendment, will simplify and expedient updating pesticide labels and registrations for minor changes. It is clear that EPA has attempted to incorporate in Draft PR Notice 2026-NEW the many changes to FIFRA and its regulations over the 30 years since PR Notice 98-10 was first published. These include statutory changes, the EPA-review fee structure (i.e., Pesticide Registration Improvement Act (PRIA), current technology (e.g., web links, Quick Response (QR) codes), and registrant burdens outside of EPA (e.g., states, other agencies, customers).

There are, however, proposed changes that may be more controversial or may not be as clearly understood or helpful to registrants. For example, PR Notice 2026-NEW would allow the addition of place holders to master labels via notification for many symbols and graphics but still requires those symbols denoting a certification be made by amendment, even those that are non-FIFRA third-party certifications (e.g., Kosher, National Organic Program). Also, there are inconsistencies between the newly proposed Inert Ingredient Transparency labeling provisions and those already mandated in California, which would cause label compliance issues. Based on stakeholders' initial reviews, there are likely to be several changes before a new, final PR Notice is issued. EPA's 14-page summary table provides only those changes it deems "significant." Pesticide registrants are urged to review the draft guidance and comment accordingly.

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