(a) Each person registering a product for additional uses and methods of application not stated on the product's labeling under section three of FIFRA, but not inconsistent with federal law, for the purpose of meeting a special local need shall submit an application for the special local need to the secretary or designee. Each application shall include the following:
- (1) A statement explaining why a special local need registration is necessary;
- (2) efficacy and residue data;
- (3) a letter from a subject matter expert, as recognized by the secretary or designee, detailing support for the special local need registration;
- (4) EPA form 8570-25, "application for/notification of state registration of a pesticide to meet a special local need"; and
- (5) a proposed label for the product.
(b) A product shall not be eligible for special local need registration if at least one of the following conditions is met:
- (1) There is insufficient evidence to support a special local need for the additional use or method of application within the state.
- (2) The registrant and product do not meet all requirements under the act and the Kansas pesticide law.
- (3) For a food or feed use, the additional use or method of application does not have an established residue tolerance, or an exemption from tolerance, under FIFRA.
- (4) The same use or method of application has previously been denied, disapproved, suspended, or cancelled by EPA.
- (5) The same use or method of application has been voluntarily cancelled by the registrant.
- (c) A special local need registration shall be issued to the applicant upon referral of the application to EPA by the secretary.
- (d) A special local need registration shall be immediately cancelled by the secretary or designee if the application is disapproved by EPA.
- (e) Each special local need registration of a product shall be renewed annually, but may be renewed no more than four times without resubmission of a special local need request pursuant to K.A.R. 4-1-9a.
(Authorized by K.S.A. 2009 Supp. 2-2205 and K.S.A. 2009 Supp. 2-2214; implementing K.S.A. 2009 Supp. 2-2207; effective June 10, 2011.)