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

D. To prescribe regulations requiring Require any pesticide to be colored or discolored, if it determines that such a requirement is feasible and is necessary for the protection of health and the environment.

2. Rule-making powers. The board is authorized, after due notice and a public hearing, in a manner consistent with the Maine Administrative Procedure Act, to make appropriate regulations for carrying may adopt other rules that it determines necessary to carry out the provisions of this subchapter, including.__The board's rule-making authority includes, but is not limited to regulations providing for, rules:

A. The Providing for the collection, examination and reporting of samples of pesticides or devices;

B. The Providing for the safe handling, transportation, storage, display, distribution and disposal of pesticides and their containers;