§ 23-25-8. Refusal to register — Cancellation — Suspension — Legal recourse.
(a) Provided the state is certified by the administrator of EPA to register pesticides
formulated to meet special local needs, the director shall consider the following
for refusal to register, for cancellation, for suspension, or for legal recourse for
those pesticides:
(1) If it appears to the director that an application for registration cannot be granted
pursuant to § 23-25-6(h) and any regulations issued under this section, he or she 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 this chapter or any regulations under this
section so as to afford the applicant an opportunity to make the necessary corrections.
If, upon receipt of the notice, the applicant does not make the required changes,
the director may refuse to register the pesticide. The applicant may request a hearing
as provided for in the Administrative Procedures Act, chapter 35 of title 42.
(2) When the director determines that a pesticide or its labeling does not comply with
the provisions of this chapter or the regulations adopted under this chapter or when
necessary to prevent unreasonable adverse effects on the environment, he or she may
cancel the registration of a pesticide or change the classification of a pesticide
after a hearing in accordance with the provisions of the Administrative Procedures
Act, chapter 35 of title 42.
(3) When the director determines that there is an imminent hazard, he or she may, on his
or her own motion, suspend the registration of a pesticide in conformance with the
provisions of the Administrative Procedures Act, chapter 35 of title 42. Hearings shall be held with the utmost possible expedition.
(4) Any person who will be adversely affected by the order in this section may obtain
judicial review of this order by filing in the superior court, within sixty (60) days
after entry of the order, a petition praying that the order be set aside in whole
or in part. A copy of the petition shall be immediately transmitted by the clerk of
the court to the director and then the director shall file in the court the record
of the proceedings on which he or she based his or her order. The court shall have
jurisdiction to affirm or set aside the order complained of in whole or in part. The
findings of the director with respect to questions of fact shall be sustained if supported
by substantial evidence when considered on the record as a whole. Upon application,
the court may remand the matter to the director to take further testimony if there
are reasonable grounds for the failure to adduce that evidence in the prior hearing.
The director may modify his or her findings and his or her order by reason of the
additional evidence taken and shall file the additional record and any modification
of the findings or order with the clerk of the court.
(b) If the director determines that any federally registered pesticide with respect to
the use of the pesticide within the state:
(1) Does not warrant the claims for it; or
(2) Might cause unreasonable adverse effects on the environment; he or she may refuse
to register the pesticide as required in § 23-25-6, or if the pesticide is registered under § 23-25-6, the registration may be cancelled or suspended as provided in subsection (a) of
this section. If the director believes the pesticide does not comply with the provisions
of FIFRA or the regulations adopted under it, he or she shall advise EPA of the manner
in which the pesticide labeling or other material required to be submitted fails to
comply with the provisions of FIFRA and suggest necessary corrections.