§ 23-25-7. Experimental use permits.
(a) Provided the state is authorized by the administrator of EPA to issue experimental
use permits, the director may:
(1) Issue an experimental use permit to any person applying for an experimental use permit,
if he or she determines that the applicant needs the permit in order to accumulate
information necessary to register a pesticide under § 23-25-6(h). An application for an experimental use permit may be filed at the time of or before
or after an application for registration is filed.
(2) Refuse to issue an experimental use permi
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§ 23-25-7. Experimental use permits.
(a) Provided the state is authorized by the administrator of EPA to issue experimental
use permits, the director may:
(1) Issue an experimental use permit to any person applying for an experimental use permit,
if he or she determines that the applicant needs the permit in order to accumulate
information necessary to register a pesticide under § 23-25-6(h). An application for an experimental use permit may be filed at the time of or before
or after an application for registration is filed.
(2) Refuse to issue an experimental use permit, if he or she determines that issuance
of the permit is not warranted or that the pesticide applications to be made under
the proposed terms and conditions may cause unreasonable adverse effects on the environment.
(3) Prescribe terms, conditions, and period of time for the experimental use permit, which
shall be under the supervision of the director.
(4) Revoke or modify any experimental use permit, at any time, if he or she finds that
its terms or conditions are being violated, or that its terms and conditions are inadequate
to avoid unreasonable adverse effects on the environment.
(b) The director may develop and promulgate any other requirements by regulation that
are necessary for the state plan to receive that authorization from EPA.
(c) The director may limit or prohibit the use of any pesticide for which an experimental
use permit has been issued by EPA, pursuant to § 5(a) of FIFRA, 7 U.S.C. § 136c(a), and which the director finds may cause unreasonable adverse effects on the environment.