Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 20 - SPECIAL PROVISIONS › Section 026-20-1 - Registered Pesticides

Current through 2024-29, July 17, 2024
A.
Definitions
"Perfluoroalkyl and Polyfluoroalkyl Substances" or "PFAS"
				  means substances that include any member of the class of fluorinated organic
				  chemicals containing at least one fully fluorinated carbon atom.
B. The use of any pesticide not
				registered by the Maine Board of Pesticides Control in accordance with Title
				7 M.R.S.A. §601 is
				prohibited except as otherwise provided in this chapter or by FIFRA, Section
				2 (ee).
C. The use of registered pesticides for other
				than registered uses, or at greater than registered dosages, or at more
				frequent than registered intervals is prohibited, provided that application or
				use of unregistered pesticides and unregistered applications or uses of
				registered pesticides may be made for experimental purposes if in accordance
				with requirements of the Maine Board of Pesticides Control, and the U.S.
				Environmental Protection Agency.
D.
				Retailers and end users of pesticides no longer registered in Maine may
				continue to sell and use those items provided they were properly registered
				when obtained and such distribution and use is not prohibited by FIFRA or other
				Federal law.
E. In conducting
				review of registration or re-registration pursuant to
				7 M.R.S.A.
				§607-A, the Board may consider the
				potential for environmental damage by the pesticide through direct application
				on or off-target or by reason of drift. If the Board finds that the use of the
				pesticide is anticipated to result in significant adverse impacts on the
				environment, whether on or off-target, which cannot be avoided or adequately
				mitigated, registration or re-registration will not be granted unless the Board
				finds that anticipated benefits of registration clearly outweigh the risks. In
				any case where the Board may request data in connection with registration or
				re-registration of any pesticide, such data may include that concerning
				pesticide residues, propensity for drift and testing therefor. Such data, if
				requested, shall provide information regarding residues and residue effects on
				plant tissues, soil and water and other potential deposition sites, and shall
				take into consideration differences in plants, soils, climatic conditions at
				the time of application and application techniques.
F. In conducting review of registration or
				reregistration pursuant to
				7 M.R.S.A
				§607-A, the Board shall require
				submission of the confidential statement of formula as defined in
				7 M.R.S.A.
				§607(5-A) and the
				following affidavits:
1. a completed and
				signed form provided by the Board at the time of application for product
				registration review or reregistration which attests that the pesticide has or
				has never been stored, distributed, or packaged in a fluorinated container; and
2. a completed and signed form
				provided by the Board at the time of application for product registration
				review or reregistration which attests that the pesticide formulation does or
				does not contain perfluoroalkyl or polyfluoroalkyl substances as defined by the
				Board for this purpose of this section.