| | | B. A health risk assessment, based on a literature search | | of laboratory, clinical and epidemiological data available | | within and without the State. The board shall request data | | it determines necessary to carry out the purpose of this | chapter; and |
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| | C. A water residue survey to determine a representative | sample of a number of wells or bodies of water, either at | random, in areas of possible contamination or at other bases | to be described by the board, for the purpose of testing | these waters and preparing a profile of the kinds and | amounts of pesticides present. |
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| | | 2-A.__Water residue surveys.__The board shall conduct a water | | residue survey at least once every 6 years to establish a | | representative sample of a number of wells or bodies of water, | | selected at random, in areas of possible contamination or at | | other locations to be described by the board, for the purpose of | | testing these waters and preparing a profile of the kinds and | | amounts of pesticides present. |
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| | | 3. Effect of review on reregistration. If the reviews in | | this section demonstrate that the impact of the pesticide on the | | ecosystem warrants additional health or environmental safeguards, | | the board shall require implementation of those safeguards prior | | to reregistration. The board may not refuse to renew a | | pesticides registration based solely on its inability to conduct | | a review in accordance with this section. |
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| | | Sec. 8. 7 MRSA §608, as amended by PL 1989, c. 878, Pt. E, §7 and | | PL 1999, c. 547, Pt. B, §78 and affected by §80, is repealed. |
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| | | Sec. 9. 7 MRSA §609, as amended by PL 1989, c. 878, Pt. E, §8, is | | further amended to read: |
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| | | §609. Refusal to register; cancellation; suspension; legal |
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| | | 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 | for refusal to register; for cancellation; for suspension; or for | legal recourse for such pesticides | | 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. |
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