Sec. 9. 7 MRSA §609, as amended by PL 1989, c. 878, Pt. E, §8, is further amended to read:

§609. Refusal to register; cancellation; suspension; legal

recourse

1. Procedure. Provided the State is certified by the Administrator of EPA to register pesticides formulated to meet special local needs, the board shall consider the The following for refusal to register; for cancellation; for suspension; or for legal recourse for such pesticides provisions govern the board when refusing to register a pesticide, refusing to renew a pesticide registration, canceling a pesticide registration or suspending a pesticide registration. This registration, cancellation and suspension shall be considered rule-making as that term is defined in the Maine Administrative Procedure Act and notice shall be provided in a manner consistent with the Maine Administrative Procedure Act.

A. If it does not appear to the board that the a pesticide is such as to warrant warrants the proposed claims for it or if the pesticide and its labeling and other material required to be submitted do not comply with the provisions of this subchapter or regulations rules adopted thereunder under this subchapter, the board shall notify the applicant of the manner in which the pesticide, labeling or other material required to be submitted fails to comply with the provisions of this subchapter so as to afford the applicant an opportunity to make the necessary corrections and shall notify, in a manner consistent with the Maine Administrative Procedure Act, the applicant of the opportunity for hearing prior to refusal to register.

B. When the board determines that a pesticide or its labeling does not comply with the provisions of this subchapter or the regulations rules adopted thereunder under this subchapter, the board may cancel or refuse to renew the registration of a pesticide or change its classification, after notice and opportunity for hearing has been provided in a manner consistent with the rule-making provisions of the Maine Administrative Procedure Act.

C. When the board determines that there is an imminent hazard, it may, on its own motion, suspend the registration of a pesticide in a manner consistent accordance with the Maine Administrative Procedure Act, Title 5, section 8054,