Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 45 - Pesticides › Rule 21-45.6 - Revocation, Suspension or Denial of Registration

Current through Register Vol. 47, No. 3, July 24, 2024
Any of the following causes is sufficient to justify revocation
				or suspension of registration or denial of application of renewal of an
				expired/expiring registration of a pesticide.
1. If the labeling bears any statement,
			 design or graphic representation relative thereto, or to its ingredients, which
			 is false or misleading in any particular;
2. If the product is foimd to be an imitation
			 of, or illegally offered for sale under the name of another
			 pesticide;
3. If the labeling bears
			 reference to Iowa registration number;
4. If the labeling acCornpanying the
			 pesticide does not contain directions for use which are necessary and, if
			 Cornplied with, adequate for the protection of the public;
5. If the label does not contain a warning or
			 caution statement which may be necessary and, if Cornplied with, adequate to
			 prevent injury to humans and other vertebrate animals;
6. If the label does not bear an ingredient
			 statement on that part of the immediate container and on the outside container
			 or wrapper, if there be one, through which the ingredient statement on the
			 immediate container cannot be clearly read under customary conditions of
			 purchase. Provided, however, the secretary may permit the ingredient statement
			 to appear prominently on some other part of the container, if the size or form
			 of the container makes it impracticable to place it on the part of the retail
			 package which is displayed;
7. If
			 any word, statement or other information required to appear on the label or
			 labeling is omitted or not prominently placed thereon and in such terms as to
			 render it likely to be read and understood under customary conditions of
			 purchase and use;
8. If an
			 insecticide, nematocide, antibiotic, bactericide, fungicide or herbicide is
			 found to be injurious to humans or other useful vertebrate animals or to
			 vegetation (except weeds), to which it is applied or to the person applying
			 such pesticide when used as directed or in accordance with Cornmonly recognized
			 safe practice; or if a plant regulator, defoliant or desiccant when used as
			 directed is found to be injurious to humans or other vertebrate animals or
			 vegetation to which it is applied, or to the person applying such pesticide;
			 provided, however, that physical or pbysiological effect on plants or parts
			 thereof shall not be deemed to be injurious, when this is the purpose for which
			 the plant regulator, defoliant or desiccant was applied in accordance with
			 label claims and reCornmendations;
9. If the pesticide is misbranded;
10. If the registrant has been guilty of
			 fraudulent and deceptive practices in the evasion or attempted evasion of the
			 pesticide Act or any rules promulgated thereunder; provided, however, that no
			 registration shall be revoked until the registrant shall have been given an
			 opportunity for a hearing by the secretary.
Special local need registrations and permits. State
				registration of pesticides pursuant to Section 24(c) of the Federal
				Insecticide, Fimgicide, and Rodenticide Act as amended by Public Law 92-516
				October 21, 1972, Public Law 94-140 November 28, 1975, and Public Law 95-396
				September 30, 1978, or any special use permit issued pursuant to revisions of
				the Federal Insecticide, Fimgicide, and Rodenticide Act as amended by Public
				Law 92-516 October 21, 1972, Public Law 94-140 November 28, 1975, and Public
				Law 95-396 September 30, 1978, or the Pesticide Control Act, Iowa Code chapter
				206, may be denied, amended or revoked when the secretary has made a
				determination as follows: That such action is necessary to prevent unreasonable
				adverse effects to humans or the environment, taking into account the economic,
				social and environmental costs and benefits of the use of any pesticide; or
				that "special local need" which necessitated the registration or permit no
				longer exists. Expiration of 24(c) registrations and all special use permits
				shall be governed by Iowa Code section 206.12.
"Special Local Need" means a pest problem (existing or likely
				to occur within a state) which cannot be effectively controlled because:
(1) There is no pesticide product registered
			 by EPA for such use; or
(2) There
			 is no EPA-registered pesticide product which, under the conditions of use
			 within the state, would be as safe or as efficacious for such use within the
			 terms and conditions of EPA registration; or
(3) An appropriate EPA-registered pesticide
			 product is not available.
This rule is intended to implement Iowa Code sections 206.9,
				206.11, and 206.12, along with the cooperative enforcement program entered into
				between the state of Iowa and U.S.E.P.A. pursuant to Sec. 24(c) of the Federal
				Insecticide, Fimgicide, and Rodenticide Act amended as of September
				30,1978.