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

Current through September 28, 2021

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(6) registration for the proposed use has not been previously denied or canceled by EPA, unless that action was later rescinded by EPA.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


18 AAC 90.235
Eff. 2/15/98, Register 145

Authority:AS 46.03.010

AS 46.03.020

AS 46.03.320

AS 46.03.330

AS 46.03.730

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