LD 1890
pg. 13
Page 12 of 25 An Act To Make Revisions to the Laws Governing Pesticide Control Page 14 of 25
Download Bill Text
LR 2618
Item 1

 
statement of the Board of Pesticides Control shall be
considered a refusal to register pursuant to section 609.

 
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.

 
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.

 
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.

 
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.

 
8-A.__Approval of application for registration.__The
processing of an application for registration is governed by this
subsection.

 
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:

 
(1)__Its composition warrants the proposed claims for it;

 
(2)__Its labeling and other material required to be
submitted comply with the requirements of this
subchapter;

 
(3)__It will perform its intended function without
unreasonable adverse effects on the environment;


Page 12 of 25 Top of Page Page 14 of 25