4.__Designation of rules.__Rules adopted under this subchapter are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A unless otherwise specified or designated in accordance with subsection 5.

5.__Review of regulatory agenda; designation as major substantive rules.__Notwithstanding Title 5, section 8060, subsection 2, the due date for the submission of a regulatory agenda by the board under section 8060 is January 15th.__The board shall annually submit a regulatory agenda complying with Title 5, section 8060, subsection 1 to the joint standing committee of the Legislature having jurisdiction over pesticides regulation.__The legislative committee of jurisdiction shall complete its review of the board's regulatory agenda no later than February 15th of each year.__The committee may report out legislation no later than February 20th to designate any rule on the board's regulatory agenda as a major substantive rule subject to legislative review under Title 5, chapter 375, subchapter 2-A.

Sec. 11. 7 MRSA §611, as amended by PL 1989, c. 878, Pt. E, §10, is further amended to read:

§611. Enforcement

1. Board powers. Notwithstanding any other provisions provision of law, the sampling and examination of pesticides or devices shall be made under the direction of the board for the purpose of determining whether they comply with the requirements of this subchapter must be done under the direction of the board. The board is authorized may, upon presentation of proper identification, to enter any distributor's premises, including any vehicle of transport, at all reasonable times in order to have access to labeled pesticides or devices packaged for distribution, and to may open any case, package or other container, and may, upon tendering the market price, take samples for analysis. If it appears from such an examination that a pesticide or device fails to comply with the provisions of this subchapter or regulations rules adopted thereunder under this subchapter, and the board contemplates instituting criminal proceedings against any person, the board shall cause appropriate notice to be given to such that person in a manner consistent with the Maine Administrative Procedure Act. Any The board shall provide any person so notified shall be given an opportunity for a hearing in a manner consistent with the Maine Administrative Procedure Act as to Act's provisions governing adjudicatory