Section 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registration for the proposed use has not been previously denied or canceled by EPA, unless that action was later rescinded by EPA.(b) The department will deny a request under this section for a pesticide(1) with a composition that is not similar to a pesticide registered under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.Eff. 2/15/98, Register 145Authority:AS 46.03.010
AS 46.03.020
AS 46.03.320
AS 46.03.330
AS 46.03.730