N.J. Admin. Code § 7:30-2.4

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:30-2.4 - Refusal, cancellation, or suspension of a pesticide registration

(a) The Department may refuse to register any pesticide, if:

1. The Department determines that the pesticide does not warrant the proposed claims;

2. The pesticide is highly toxic and there is no effective antidote under the conditions of use for which such pesticide is intended or recommended;

3. The pesticide is recommended for use on food or feed crops, and the EPA has not established for such pesticide a tolerance or exemption from the need of a tolerance or a temporary tolerance or exemption from the need of a temporary tolerance; or

4. The pesticide and its labeling and other material required to be submitted for registration do not comply with the provisions of FIFRA, the Act or rules and regulations promulgated thereunder.

(b) The Department may cancel or suspend the registration of any pesticide upon determination that the pesticide or its labeling does not comply with the provisions of FIFRA, the Act or this chapter, or upon determination that continued use of a pesticide would present a significant risk of harm, injury or damage; provided, that no registration shall be cancelled or suspended until the registrant has been given a hearing pursuant to the Administrative Procedure Act, 52:14B-1 et seq. and the Uniform Administrative Rules of Practice, N.J.A.C. 1:1-1 et seq.

(c) The Department, upon determination that an imminent hazard to man or the environment would result from continued distribution or use of a pesticide, may issue an order immediately prohibiting such distribution or use pending the final cancellation or suspension hearing given the registrant. Such hearing shall be scheduled on an expedited basis.

(d) If the Department refuses registration as provided in (a) above, the Department shall notify the registrant of the manner in which the pesticide, labeling, or other material required to be submitted fails to comply, so as to afford the registrant an opportunity to make the necessary corrections. If, after receipt of such notice, the registrant does not make the necessary corrections within 30 days, the Department shall refuse registration and afford the registrant a hearing pursuant to the Administrative Procedure Act and the Uniform Administrative Rules of Practice. In the event corrections take more than 30 days, the Department may hold the review status in abeyance for a period as determined by the Department to be adequate to comply with the mandated corrections.

N.J. Admin. Code § 7:30-2.4

Amended by R.1985 d.557, effective 11/4/1985.
See: 17 New Jersey Register 242(b), 17 New Jersey Register 2609(b).
Old text deleted and new text substituted.
Recodified from N.J.A.C. 7:30-1.6 by R.2001 d.427, effective 11/19/2001.
See: 33 New Jersey Register 474(a), 33 New Jersey Register 3956(b).
Former N.J.A.C. 7:30-2.4, Amending prohibited and restricted-use pesticide lists, recodified to N.J.A.C. 7:30-2.11.