3.__Person adversely affected by board action.__Any person adversely affected by a final action of the board under this section may obtain judicial review thereof by filing in the District Court, within 60 days after the entry of that final action, a petition praying that the action be set aside in whole or in part.__A copy of the petition must be forthwith transmitted by the clerk of the court to the board and upon receipt the board shall file in the court the record of the proceedings on which it based its final action. The court has jurisdiction to affirm or set aside the final action complained of in whole or in part.__ The findings of the board with respect to questions of fact must be sustained if supported by substantial evidence when considered on the record as a whole. Upon application, the court may remand the matter to the board to take further testimony if there are reasonable grounds for the failure to adduce the evidence in the prior hearing.__The board may modify its findings and final action by reason of the additional evidence and shall file the additional record and any modification of the findings or final action with the clerk of the court.

Sec. 10. 7 MRSA §610, as amended by PL 1989, c. 878, Pt. E, §9, is further amended to read:

§610. Determinations; rules; restricted use pesticides; uniformity

1. Determinations. The board is authorized, after due notice and an opportunity for a hearing in a manner consistent with the rule-making provisions of the Maine Administrative Procedure Act may by rule:

A. To declare Declare as a pest any form of plant or animal life, except virus viruses, bacteria or other microorganisms on or in living man human beings or other living animals, which is that are is injurious to health or the environment;

B. To determine Determine whether pesticides registered under the authority of FIFRA, Section 24(c) of FIFRA are highly toxic to man human beings. The definition of highly toxic, as defined in Title 40, Code of Federal Regulations, Section 162.8 as issued or hereafter amended, shall govern the board's determination;

C. To determine Determine whether pesticides and or quantities of substances contained in pesticides, which are injurious to the environment, the.__The board shall must be guided by EPA regulations in this determination; and