| statement of the Board of Pesticides Control shall be | considered a refusal to register pursuant to section 609. |
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| This paragraph does not apply if the registrant fails to | provide any information required to be submitted under this | chapter or does not provide other information requested by | the Board of Pesticides Control in order to determine | whether the pesticide should be registered. |
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| The preceding paragraph does not affect the rights of the | Board of Pesticides Control to make further inquiry | regarding the registration of a pesticide or to refuse | reregistration, suspend or revoke registration or otherwise | restrict or condition the use of pesticides in order to | protect public health and the environment. |
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| B. Prior to registering a pesticide for a special local | need, the board shall classify the uses of the pesticide for | general or restricted use in conformity with Section 3(d) of | FIFRA; provided, that the board shall not make any lack of | essentiality a criterion for denying registration of any | pesticide. Where 2 pesticides meet the requirements of this | paragraph, one should not be registered in preference to the | other. |
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| C. The board may develop and promulgate such other | requirements by regulation, adopted in a manner consistent | with the Maine Administrative Procedure Act, as are | necessary for the state plan to receive certification from | EPA. |
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| | 8-A.__Approval of application for registration.__The | processing of an application for registration is governed by this | subsection. |
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| A.__The board shall consider the required information set | forth under subsections 2, 3, 4 and 5 and shall register a | pesticide if it determines that: |
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| (1)__Its composition warrants the proposed claims for it; |
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| (2)__Its labeling and other material required to be | submitted comply with the requirements of this | subchapter; |
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| (3)__It will perform its intended function without | unreasonable adverse effects on the environment; |
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