Sec. 22a-52. Cancellation of pesticide registration or change in classification; procedure. Use of chlordane restricted.
Sec. 22a-52. Cancellation of pesticide registration or change in classification;
procedure. Use of chlordane restricted. (a) The commissioner shall cancel the registration of any pesticide at the end of the five-year period which begins on the date of
its registration, or at the end of any five-year period thereafter, unless the registrant, or
other interested person with the concurrence of the registrant, before the end of such
period, requests in accordance with regulations prescribed by the commissioner that the
registration be continued in effect provided the commissioner may permit the continued
sale and use of existing stocks of a pesticide whose registration is cancelled under this
section to such extent, under such conditions, and for such uses as the commissioner
may specify if the commissioner determines that such sale or use is not inconsistent
with the purposes of this part, subsection (a) of section 23-61a or section 23-61b, and
will not have unreasonable adverse effects on the environment. The commissioner shall
notify the registrant, at least thirty days prior to the expiration of such five-year period,
that the registration will be cancelled.
(b) If at any time after the registration of a pesticide the registrant has additional
factual information regarding unreasonable adverse effects on the environment of the
pesticide, he shall submit such information to the commissioner.
(c) If it appears to the commissioner that a pesticide or its labeling or other material
required to be submitted does not comply with the provisions of this part or, when
used in accordance with widespread and commonly recognized practice, usually causes
unreasonable adverse effects on the environment, the commissioner may issue a notice
of his intent either:
(1) To cancel its registration or to change its classification together with the reasons,
including the factual basis, for his action, or
(2) To hold a hearing to determine whether or not its registration should be cancelled
or its classification changed. Such notice shall be sent to the registrant and made public.
The proposed action shall become final and effective at the end of thirty days from
receipt by the registrant, or publication, of a notice whichever occurs later, unless within
that time either the registrant makes the necessary corrections, if possible, or a request
for a hearing is made by the registrant or a person adversely affected by the notice with
the concurrence of the registrant. A decision pertaining to registration or classification
issued after completion of such hearing shall be final.
(d) Final orders of the commissioner, pursuant to this section, shall be subject to
judicial review under chapter 54.
(e) On and after July 1, 1981, the use of the pesticide chlordane for any purpose
except the treatment of nursery stock or subsoil treatment or pretreatment of soil during
construction for termites is prohibited.
(P.A. 73-540, S. 8, 28; P.A. 80-263; P.A. 85-273, S. 2; P.A. 02-89, S. 57.)
History: P.A. 80-263 added Subsec. (e) prohibiting use of chlordane as of July 1, 1981; P.A. 85-273 amended Subsec.
(c) to authorize a registrant to request a public hearing and to require the concurrence of the registrant in the case of any
other public hearing request; P.A. 02-89 amended Subsec. (a) to replace reference to "sections 23-61b to 23-61d, inclusive"
with reference to "section 23-61b", reflecting repeal of Sec. 23-61d by the same public act, and make technical changes
for purposes of gender neutrality.