1. (a) When the department receives an application under 18 AAC 90.230, the department will, in its discretion, register a pesticide for a special local need and approve supplemental labeling if

   1. (1) the pesticide is registered with EPA under FIFRA;
   2. (2) the pesticide is registered under 18 AAC 90.215;
   3. (3) the department finds that a special local need exists that is not adequately covered by the labeling registered with EPA;

   4. (4) the pesticide

      1. (A) has an established tolerance or exemption under 21 U.S.C. 301 - 21 U.S.C. 395 (Federal Food, Drug, and Cosmetic Act) for use on food or animal feed to be included in the supplemental labeling; or
      2. (B) is not for use on food or animal feed;
   5. (5) the department finds that use according to supplemental labeling will not cause an unreasonable adverse effect on humans, animals, or the environment if used according to labeling directions; and
   6. (6) registration for the proposed use has not been previously denied or canceled by EPA, unless that action was later rescinded by EPA.

2. (b) The department will deny a request under this section for a pesticide

   1. (1) with a composition that is not similar to a pesticide registered under FIFRA;
   2. (2) involving a use pattern not similar to a use registered under FIFRA for the same pesticide or a pesticide with a similar composition;
   3. (3) for which other uses of the same pesticide, or a pesticide with a similar composition, have had registration denied or canceled by EPA; or
   4. (4) used to control a pest problem that is present nationwide.

(Eff. 2/15/98, Register 145)

Authority: AS 46.03.010, AS 46.03.320, AS 46.03.730, AS 46.03.020, AS 46.03.330