(1)
General Provisions: After review of the application, the Subcommittee may register and classify, or refuse to register, any pesticide for distribution, sale or use in the Commonwealth of Massachusetts. The Subcommittee may register a product in accordance with the following classifications:
(a)
General Use: If the subcommittee determines that a pesticide, when used in accordance with directions for use, warnings and cautions and for the uses for which they are registered, or for one or more such uses, will not generally cause unreasonable adverse effects on the environment, including the applicator it may register and classify the pesticide as being for general use. This classification shall include all pesticides registered by the United States Environmental Protection Agency pursuant to FIFRA, and not classified as restricted, except those pesticides that are individually reviewed and differently classified, or denied registration, by the Subcommittee.
(b)
Restricted Use. If the Subcommittee determines that a pesticide, when used in accordance with directions for use, warnings and cautions and for the use for which it is registered, or for one or more such uses, may cause, without additional restriction, unreasonable adverse effects on the environment, including injury to the applicator it may register and classify the pesticide for restricted use. This classification shall also include all pesticides that are registered by the United States Environmental Protection Agency pursuant to FIFRA, that are classified as restricted, and those pesticides that are individually reviewed and differently classified by the Subcommittee.
Restricted use pesticides may be further classified as State Limited Use when the Subcommittee determines that use of the pesticide:
1. should be restricted to certain individuals or groups;
2. requires permission from the Department prior to each use; or
3. requires further restriction, in any other manner.
(c)
Special Local Need: If the Subcommittee determines that an existing or imminent pest problem is within the state, that an appropriately federally registered pesticide is not sufficiently available, and that the pesticide, when used in accordance with labeling directions will not cause unreasonable adverse effects on humans or the environment, and the pesticide meets all other criteria required by FIFRA, it may register the pesticide for special local need.
(2)
Notification of Decision.
(a) The Subcommittee shall notify the applicant within a reasonable and practicable amount of time from receipt of completed application.
(b) If the Subcommittee denies a registration or classifies a pesticide or pesticide use different than the Environmental Protection Agency classification, written notification shall be give to the applicant and shall set forth the reasons and factual basis for the determination.
(c) An initial registration of a product will be valid for a period beginning with the actual date of approval and ending on the next June 30th.
(3)
Applications to Amend or Supplement: Registrants must submit to the Department, prior to release of the amended label or labelling within the Commonwealth, one copy of any amended or supplemental label or labelling approved by the Environmental Protection Agency.
