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217.572 Registration refusal, cancellation, suspension, and legal recourse -- Appeal of order -- Notice to EPA.

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Page 1 of 1 217.572 Registration refusal, cancellation, suspension, and legal recourse -- Appeal of order -- Notice to EPA. (1) Upon certification pursuant to Section 24(c) of FIFRA by the administrator of EPA to register pesticides formulated to meet special local needs, the department shall <br>consider the following for refusal to register, for cancellation, for suspension and <br>for legal recourse for applicable pesticides: <br>(a) If it does not appear to the department that the pesticide is such as to warrant the proposed claims for it or if the pesticide and its labeling and other material <br>required to be submitted do not comply with the provisions of KRS 217.542 <br>to 217.630 or administrative regulations promulgated thereunder, the <br>department shall notify the applicant of the manner in which the pesticide, <br>labeling, or other material required to be submitted fails to comply with the <br>provisions of KRS 217.542 to 217.630 so as to afford the applicant an <br>opportunity to make the necessary corrections. If, upon receipt of this notice, <br>the applicant does not make the required changes, the department may refuse <br>to register the pesticide. (b) When the department determines that a pesticide or its labeling does not comply with the provisions of KRS 217.542 to 217.630 or the administrative <br>regulations promulgated thereunder, the registration of a pesticide may be <br>cancelled after a hearing that shall be conducted in accordance with KRS <br>Chapter 13B. (c) When the department determines that there is an imminent hazard, it may suspend the registration of a pesticide by issuing an emergency order pursuant <br>to KRS 13B.125. (d) Any person who will be adversely affected by a final order or emergency order issued under this section may obtain judicial review by filing a petition in the <br>Franklin Circuit Court in accordance with KRS Chapter 13B. (2) If the department determines that the federally-registered pesticide with respect to the use of a pesticide subject to this section within this state does not warrant the <br>proposed claims for it, or if the pesticide and its labeling and other material required <br>to be submitted do not comply with the provisions of FIFRA or the regulations <br>promulgated thereunder, EPA shall be notified of the manner in which the pesticide, <br>labeling, or other material required to be submitted fail to comply with the <br>provisions of FIFRA and suggest necessary corrections. Effective: July 15, 1996 <br>History: Amended 1996 Ky. Acts ch. 318, sec. 124, effective July 15, 1996. -- Amended 1980 Ky. Acts ch. 295, sec. 53, effective July 15, 1980. -- Created 1974 <br>Ky. Acts ch. 200, sec. 7.