KRS 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

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 217.630 or administrative regulations promulgated thereunder, the

department shall notify the applicant of the ma nner in which the pesticide,

labeling, or other material required to be submitted fails to comply with the

provisions of KRS 217.542 to 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 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 s ubmitted fail to comply with the

provisions of FIFRA and suggest necessary corrections.