18 AAC 90.235. Registration of a pesticide for a special local need

(a) When the department receives an application under 18 AAC 90.230, the department will, in its discretion, register a pesticide for a special local need and approve supplemental labeling if

(1) the pesticide is registered with EPA under FIFRA;

(2) the pesticide is registered under 18 AAC 90.215;

(3) the department finds that a special local need exists that is not adequately covered by the labeling registered with EPA;

(4) the pesticide

(A) has an established tolerance or exemption under 21 U.S.C. 301 - 21 U.S.C. 395 (Federal Food, Drug, and Cosmetic Act) for use on food or animal feed to be included in the supplemental labeling; or

(B) is not for use on food or animal feed;

(5) the department finds that use according to supplemental labeling will not cause an unreasonable adverse effect on humans, animals, or the environment if used according to labeling directions; and

(6) registration for the proposed use has not been previously denied or canceled by EPA, unless that action was later rescinded by EPA.

(b) The department will deny a request under this section for a pesticide

(1) with a composition that is not similar to a pesticide registered under FIFRA;

(2) involving a use pattern not similar to a use registered under FIFRA for the same pesticide or a pesticide with a similar composition;

(3) for which other uses of the same pesticide, or a pesticide with a similar composition, have had registration denied or canceled by EPA; or

(4) used to control a pest problem that is present nationwide.

History: Eff. 2/15/98, Register 145

Authority: AS 46.03.010

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