AGRICULTURE, HORTICULTURE AND ANIMAL HUSBANDRY
INSECT PESTS AND PLANT DISEASES
430:39 Special Local Needs Registrations.
I. Provided the state is certified by the administrator of the United States Environmental Protection Agency, if required, to register pesticides to meet special local needs pursuant to section 24(c) of the Federal Insecticide, Fungicide and Rodenticide Act, as amended, the division shall require the information set forth in RSA 430:38 and shall, subject to the terms and conditions of the United States Environmental Protection Agency certification, register such pesticide if it is determined that:
(a) Its composition is such as to warrant the proposed claims for it;
(b) Its labeling and other material required to be submitted comply with the requirements of this subdivision;
(c) It will perform its intended function without unreasonable adverse effects on the environment;
(d) When used in accordance with widespread and commonly recognized practice it will not cause unreasonable adverse effects on the environment; and
(e) A special local need exists; provided that, prior to registering a pesticide for a special local need, the board shall classify the uses of the pesticide for general or restricted use in conformity with section 3(d) of the Federal Insecticide, Fungicide and Rodenticide Act, as amended, and regulations promulgated pursuant thereto; provided, further, that the division shall not make any lack of essentiality a criterion for denying registration of any pesticide. If 2 pesticides meet the requirements of this paragraph, one may not be registered in preference to the other.
II. The board may develop and adopt such other requirements by rules as are necessary for the state plan to receive certification from the United States Environmental Protection Agency.
III. Provided the state is certified by the administrator of the United States Environmental Protection Agency, if required, to register pesticides formulated to meet special local needs, the division shall consider the following for refusal to register, for suspension, for cancellation, or for legal recourse for such pesticides:
(a) If it appears to the division that an application for registration cannot be granted pursuant to paragraphs I and II, and any rules adopted thereunder, the applicant shall be notified of the manner in which the pesticide, labeling, or other material required to be submitted fails to comply with this subdivision or any rules thereunder, so as to afford the applicant an opportunity to make the necessary corrections. If, upon receipt of such notice the applicant does not make the required changes, the division may refuse to register the pesticide. The applicant may request a hearing as otherwise provided in this subdivision.
(b) If the division determines that a pesticide or its label does not comply with this subdivision or the rules adopted thereunder, or when necessary to prevent unreasonable adverse effects on the environment, they may cancel the registration of a pesticide or change the classification of a pesticide, after a hearing in accordance with this subdivision.
(c) If the division determines that there is an imminent hazard, they may, on their own motion, suspend the registration of a pesticide in conformance with RSA 541-A, the administrative procedure act. Hearings shall be held as soon as practicable.
(d) Any person who may be adversely affected by any order issued pursuant to this section may obtain judicial review thereunder by filing in the superior court, within 60 days after the entry of such order, a petition praying that the order be set aside in whole or in part. A copy of the petition shall be forthwith transmitted by the clerk of the court to the division and thereupon the division shall file in the court the record of the proceedings on which they based their order. The court shall have jurisdiction to affirm or set aside the order complained of in whole or in part. The findings of the division with respect to questions of fact shall be sustained if supported by substantial evidence when considered on the record as a whole. Upon application, the court may remand the matter to the division to make further testimony if there are unreasonable grounds for the failure to adduce such evidence in the prior hearing. The division may modify their findings and their order by reason of the additional evidence so taken and shall file the additional record and any modification of the findings or order with the clerk of the court.
Source. 1985, 72:1; 375:3, eff. July 1, 1985.