2006 Louisiana Laws - RS 3:3222 — Special registrations, permits, exemptions

§3222.  Special registrations, permits, exemptions

A.  The commissioner may issue a special local needs registration for a pesticide for use in a specified location based on a specified local need.  The composition and label of the pesticide shall comply with state and federal requirements.  The special local needs registration shall be issued in accordance with Section 24(c) of the F.I.F.R.A.  Each applicant for a special local needs registration shall submit five copies of the application and the documents supporting the application.  Each applicant shall pay a fee of one hundred dollars for each application for a special local needs registration.

B.  The commissioner may apply to the Environmental Protection Agency for authority to issue state experimental use permits.  If the Environmental Protection Agency authorizes the commissioner to issue state experimental use permits, the following terms and conditions shall apply:

(1)  The commissioner must find that the applicant needs the permit in order to accumulate information necessary to register a pesticide under Section 3221 of this Chapter.

(2)  The commissioner may refuse to issue the permit if he finds that the issuance is not warranted or if he finds that the use of the pesticide under the proposed terms and conditions may cause unreasonably adverse effects on the environment.

(3)  The commissioner shall prescribe the terms, conditions, and period of time for the permit.

(4)  All actions of permit holders and applications of pesticides pursuant to each permit shall be subject to supervision by the Department of Agriculture.

(5)  An application for a state experimental use permit may be filed at the time of, before, or after an application for registration is filed.

(6)  The state experimental use permit shall be issued in accordance with Section 5(f) of the F.I.F.R.A.

(7)  Each applicant for a state experimental use permit shall pay a fee of two hundred dollars for each application submitted.

C.  The commissioner may apply to the E.P.A. for an emergency exemption to allow the application of a pesticide if the commissioner finds that an emergency exists or will exist, that a pesticide is available which will alleviate the effects of the emergency, and that the pesticide cannot be used because of state or federal laws or rules and regulations.  The application shall be in accordance with the provisions of Section 18 of the F.I.F.R.A.  If the E.P.A. grants the emergency exemption, all actions and applications shall be subject to supervision by the Department of Agriculture.

D.  The commissioner may revoke or impose stricter conditions on any special registration, permit, or exemption if the commissioner finds that the terms and conditions of the special registration, permit, or exemption are being violated or that the terms and conditions are not adequate to avoid unreasonably adverse effects on the environment.

E.  The commissioner by rule may delegate the authority to issue registrations and permits under this Section to a committee composed of:

(1)  The director of the Advisory Commission on Pesticides.

(2)  The director of the Louisiana Cooperative Extension Service, or his designee.

(3)  The director of the Louisiana State Experimental Station, or his designee.

(4)  One agricultural consultant appointed by the commissioner.  The agricultural consultant shall not be engaged in any research project involving a pesticide which would create a conflict of interest with respect to the pesticide for which the registration or permit is sought.

(5)  One farmer appointed by the commissioner.

(6)  Such other members appointed by the commissioner as the commissioner deems necessary.

Added by Acts 1982, No. 198, §1, eff. Jan. 1, 1983; Acts 1988, No. 221, §1; Acts 1990, No. 29, §1.