Rule 40-11-5-.01. Refusal to Register, Cancel, Change in Classification, Suspension

1. (1) If, at any time, it does not appear to the Commissioner that any pesticide is such as to warrant the proposed claims for it, or if the pesticide and its labeling or other material required to be submitted to not comply with the Act or these regulations, or when necessary to prevent unreasonable adverse effects on the environment, the Commissioner shall notify the registrant of any necessary changes to be made. If the registrant fails to respond within thirty (30) days of receipt of the notice to the effect that appropriate action will be taken, the Commissioner may:

   1. (a) Refuse to register the pesticide. The applicant may request a hearing as provided for in the Georgia Administrative Procedure Act;
   2. (b) Cancel the pesticide registration after having given the registrant opportunity for a hearing.
   3. (c) Change the classification of the pesticide after having given the registrant an opportunity for a hearing.
2. (2) When the Commissioner determines that an imminent hazard exists, he may, on his own motion, immediately suspend the registration of any use(s) of a pesticide. Registrant shall be notified within twenty-four (24) hours of such suspension, of the reasons for such action, and shall be given opportunity for a hearing within five (5) days.
3. (3) In any case where the Commissioner finds that a pesticide or its labeling fails to comply with FIFRA or its regulations, he shall so notify EPA, and suggest corrections which would bring it into compliance.

Authority: O.C.G.A. Sec. 2-2-9et seq.

History. Original Rule entitled "Limited Shipments for Experimental Purposes" adopted. F. and eff. June 30, 1965.

Repealed: New Rule entitled "Refusal to Register, Cancel, Change in Classification, Suspension" adopted. F. July 14, 2004; eff. August 3, 2004.