Kentucky Statutes 217.572 – Registration refusal, cancellation, suspension, and legal recourse — Appeal of order — Notice to EPA
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(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 consider the following for refusal to register, for cancellation, for suspension and for legal recourse for applicable pesticides:
(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 required to be submitted do not comply with the provisions of KRS § 217.542 to KRS § 217.630 or administrative regulations promulgated thereunder, the department shall notify the applicant of the manner in which the pesticide, labeling, or other material required to be submitted fails to comply with the provisions of KRS § 217.542 to KRS § 217.630 so as to afford the applicant an opportunity to make the necessary corrections. If, upon receipt of this notice, the applicant does not make the required changes, the department may refuse 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 KRS § 217.630 or the administrative regulations promulgated thereunder, the registration of a pesticide may be cancelled after a hearing that shall be conducted in accordance with KRS 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 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 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 proposed claims for it, or if the pesticide and its labeling and other material required to be submitted do not comply with the provisions of FIFRA or the regulations promulgated thereunder, EPA shall be notified of the manner in which the pesticide, labeling, or other material required to be submitted fail to comply with the provisions of FIFRA and suggest necessary corrections.
Effective: July 15, 1996
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
Ky. Acts ch. 200, sec. 7.
(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 required to be submitted do not comply with the provisions of KRS § 217.542 to KRS § 217.630 or administrative regulations promulgated thereunder, the department shall notify the applicant of the manner in which the pesticide, labeling, or other material required to be submitted fails to comply with the provisions of KRS § 217.542 to KRS § 217.630 so as to afford the applicant an opportunity to make the necessary corrections. If, upon receipt of this notice, the applicant does not make the required changes, the department may refuse to register the pesticide.
Terms Used In Kentucky Statutes 217.572
- EPA: means the United States Environmental Protection Agency. See Kentucky Statutes 217.544
- FIFRA: means the Federal Insecticide, Fungicide and Rodenticide Act as amended. See Kentucky Statutes 217.544
- Imminent hazard: means a situation which exists when the continued use of a pesticide would likely result in unreasonable adverse effects on the environment or will involve unreasonable hazard to the survival of a species declared endangered by the secretary of the United States Department of
Interior under Pub. See Kentucky Statutes 217.544 - Labeling: means the label and other written, printed, or graphic matter: (a) On the pesticide or device, or any of its containers or wrappers. See Kentucky Statutes 217.544
- Person: means any individual, partnership, association, or any organized group of persons whether incorporated or not. See Kentucky Statutes 217.544
- Pesticide: means any substance or mixture of substances intended to prevent, destroy, control, repel, attract, or mitigate any pest. See Kentucky Statutes 217.544
- Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(b) When the department determines that a pesticide or its labeling does not comply with the provisions of KRS § 217.542 to KRS § 217.630 or the administrative regulations promulgated thereunder, the registration of a pesticide may be cancelled after a hearing that shall be conducted in accordance with KRS 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 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 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 proposed claims for it, or if the pesticide and its labeling and other material required to be submitted do not comply with the provisions of FIFRA or the regulations promulgated thereunder, EPA shall be notified of the manner in which the pesticide, labeling, or other material required to be submitted fail to comply with the provisions of FIFRA and suggest necessary corrections.
Effective: July 15, 1996
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
Ky. Acts ch. 200, sec. 7.