Section 18.90.235. 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		(6) registration for the proposed use has not been previously denied or canceled by EPA, unless that action was later rescinded by EPA.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.  

Authorities

46.03.010;46.03.020;46.03.320;46.03.330;46.03.730

Notes

Reference

18 AAC 90.030
18 AAC 90.705

Authority

AS 46.03.010 AS 46.03.020 AS 46.03.320 AS 46.03.330 AS 46.03.730 ________________________

History

Eff. 2/15/98, Register 145