Current through Register Vol. 43, No. 12, March 20, 2024
(a) A product,
including a plant or seed modified genetically to include a plant-incorporated
protectant, may be distributed for experimental use without registration under
K.S.A.
2-2204, and amendments thereto, if either of
the following conditions is met:
(1) A permit
for the product has been obtained from the secretary or designee.
(2) The experimental use of the product is
limited to one of the following:
(A)
Laboratory or greenhouse tests; or
(B) a small-scale test conducted on a
cumulative total of no more than one acre of land per pest.
(b) An experimental use
permit may be issued if the secretary or designee determines that the applicant
needs the permit to accumulate information necessary to register a pesticide
under K.S.A. 2-2204, and amendments
thereto. Issuance of an experimental use permit may be denied by the secretary
or designee if it is determined that the proposed use of the pesticide could
cause unreasonable adverse effects on the environment. Terms, conditions, and a
limited time period of the experimental use permit may be prescribed by the
secretary or designee.
(c) Each
application for experimental use shall include the following:
(1) The name and address of the
applicant;
(2) the purpose or
objectives of the experimental use and the experimental protocols to be
followed;
(3) the name, address,
and telephone number of all participants in the experimental use in
Kansas;
(4) the amount of the
product, including a plant or seed modified genetically to include a
plant-incorporated pro-tectant, to be shipped into or used in Kansas;
(5) the applicant's signature;
(6) documentation of EPA approval;
(7) a copy of the experimental use product
labeling approved by EPA; and
(8)
any other relevant information requested by the secretary or designee. If the
secretary requires additional information in support of the application and the
applicant believes that the requirement for additional data is unreasonable,
the applicant may request a conference with the secretary or designee to
discuss the requirement and consider alternatives. Each request for a
conference shall be made no later than 20 days after the date the request for
additional data is sent to the applicant.
(d) After the permit is issued, the permittee
shall meet the following requirements:
(1)
Coordinate the dates and locations of the proposed use of the product with the
secretary or designee; and
(2)
notify the secretary or designee of any adverse effects resulting from the
experimental use within 24 hours of discovery.
(e) An experimental use permit may be
modified, revoked, suspended, or modified by the secretary or des-ignee at any
time if either of the following conditions is met:
(1) The secretary or designee finds that the
terms or conditions of the permit are being violated.
(2) The secretary or designee, after taking
into account the economic, social, and environmental costs and benefits of the
use of the product under the existing permit, determines the risk to the
environment to be unacceptable.
(f) At the conclusion of the experimental
use, the permittee shall submit a final report to the secretary or des-ignee
summarizing the results.
