§607. Registration

1.  Conditions requiring registration.  A pesticide may not be distributed in this State unless it is registered with the board in accordance with the provisions of this subchapter, except that registration is not required if:

A. A pesticide is shipped from one plant or warehouse to another plant or warehouse operated by the same person and is used solely at that plant or warehouse as a constituent part to make a pesticide that is registered under the provisions of this subchapter; or   [PL 2005, c. 620, §6 (NEW).]

B. A pesticide is distributed under the provisions of an experimental use permit issued by EPA.   [PL 2005, c. 620, §6 (NEW).]

[PL 2005, c. 620, §6 (AMD).]

2.  Contents of statement made by applicant.  The applicant for registration shall file a statement with the board, which must include:

A. The name and address of the applicant and the name and address of the person whose name will appear on the label, if other than applicant's;   [PL 1975, c. 382, §3 (NEW).]

B. The name of the pesticide;   [PL 1975, c. 382, §3 (NEW).]

C. Other necessary information required by the board; and   [PL 2005, c. 620, §6 (AMD).]

D. A complete copy of the labeling accompanying the pesticide and a statement of all claims to be made for it, including the directions for use and the use classification as provided for in FIFRA.   [PL 1975, c. 382, §3 (NEW).]

[PL 2005, c. 620, §6 (AMD).]

3.  Submission of formula.  The board, when it determines it necessary in the administration of this subchapter, may require the submission of the complete formula of any pesticide, including the active and inert ingredients.

[PL 2005, c. 620, §6 (AMD).]

4.  Test results.  The board may require a full description of all tests made and the results of those tests on any pesticide not registered pursuant to FIFRA, Section 3 or on any pesticide on which restrictions are being considered by the board. In the case of renewal of registration, the board may require a statement only with respect to test result information that is different from that furnished when the pesticide was registered or last reregistered.

[PL 2005, c. 620, §6 (AMD).]

5.  Power to require other information.  The board may by rules adopted under section 610 require the submission of other necessary information.

[PL 2005, c. 620, §6 (AMD).]

5-A.  Confidentiality.  Notwithstanding Title 1, section 402, data submitted pursuant to subsections 3, 4 and 5 that have been determined confidential by the Administrator of the United States Environmental Protection Agency in accordance with 7 United States Code, Section 136h (2007) are confidential and may not be available for public inspection.

[PL 2007, c. 597, §8 (AMD).]

6.  Registration fee; programs funded.  The applicant desiring to register a pesticide must pay an annual registration fee of $160 for each pesticide registered for that applicant. Annual registration periods expire on December 31st or in a manner consistent with Title 5, section 10002, whichever is later.

The board shall monitor fee revenue and expenditures under this subsection to ensure that adequate funds are available to fund board and related department programs and, to the extent funds are available, to provide grants to support stewardship programs. The board shall use funds received under this subsection to provide:

A. An annual grant of no less than $135,000 to the University of Maine Cooperative Extension, on or about April 1st, for development and implementation of integrated pest management programs;   [PL 2019, c. 243, §1 (AMD).]

B. Funding for public health-related mosquito monitoring programs or other pesticide stewardship and integrated pest management programs, if designated at the discretion of the board, as funds allow after expenditures under paragraph A. The board may seek the advice of the Integrated Pest Management Council established in section 2404 in determining the most beneficial use of the funds, if available, under this subsection; and   [PL 2019, c. 243, §1 (AMD).]

C. An annual grant of not less than $65,000 to the University of Maine Cooperative Extension, on or about April 1st, for the development and revision of training manuals for applicator certification, licensing and recertification and to perform other aspects of pesticide education programs. The University of Maine Cooperative Extension may seek the advice of the board in establishing the pesticide education programs and shall submit an annual report on the use of the funds under this paragraph, no later than January 15th, to the board and the joint standing committee of the Legislature having jurisdiction over pesticide education and certification matters.   [PL 2019, c. 243, §1 (NEW).]

The University of Maine may not charge overhead costs against grants under this subsection.

By February 15th annually, the board shall submit a report to the joint standing committee of the Legislature having jurisdiction over agriculture, conservation and forestry matters detailing the grants funded by the fee under this subsection. The annual report must include a recommendation by the board as to whether the amount of the fee is adequate to fund the programs described in this subsection. The joint standing committee may report out a bill to the Legislature based on the board's recommendations.

[PL 2019, c. 243, §1 (AMD).]

7.  Renewal of registration.  Registrations must be renewed annually prior to January 1st. The board shall mail forms for reregistration to registrants at least 30 days prior to the due date.

[PL 2005, c. 620, §6 (AMD).]

8.  Approval of application for registration.

[PL 2005, c. 620, §6 (RP).]

8-A.  Approval of application for registration.  The processing of an application for registration is governed by this subsection.

A. The board shall consider the required information set forth under subsections 2, 3, 4 and 5 and shall register a pesticide if it determines that:

(1) Its composition warrants the proposed claims for it;

(2) Its labeling and other material required to be submitted comply with the requirements of this subchapter;

(3) It will perform its intended function without unreasonable adverse effects on the environment;

(4) When used in accordance with widespread and commonly recognized practice, it will not generally cause unreasonable adverse effects on the environment; and

(5) A need for the pesticide exists.   [PL 2005, c. 620, §6 (NEW).]

B. If, within 180 days from the date the completed application for registration is submitted, the board fails to act upon an application for registration of a pesticide that has been certified by EPA, the pesticide is deemed registered under this chapter unless the board issues a written statement containing the reasons for the failure to act upon the application. The statement of the board is deemed a refusal to register pursuant to section 609.   [PL 2005, c. 620, §6 (NEW).]

C. Paragraphs A and B do not apply if the registrant fails to provide any information required to be submitted under this subchapter or does not provide other information requested by the board in order to determine whether the pesticide should be registered.

Nothing in this paragraph affects the rights of the board to make further inquiry regarding the registration of a pesticide or to refuse reregistration, to suspend or revoke registration or to otherwise restrict or condition the use of pesticides in order to protect public health and the environment.   [PL 2005, c. 620, §6 (NEW).]

D. Prior to registering a pesticide for a special local need, the board shall classify the uses of the pesticide for general or restricted use in conformity with FIFRA, Section 3(d). The board may not make any lack of essentiality a criterion for denying registration of any pesticide. When 2 pesticides meet the requirements of this paragraph, the board may not register one in preference to the other.   [PL 2005, c. 620, §6 (NEW).]

E. The board may establish such other requirements by rule in accordance with section 610 as are necessary to carry out the provisions of this subsection.   [PL 2005, c. 620, §6 (NEW).]

[PL 2005, c. 620, §6 (NEW).]

9.  Adverse environmental effects.  If, at any time after the registration of a pesticide, the registrant has additional factual information regarding unreasonable adverse effects of a pesticide on the environment, the registrant shall submit that information to the board.

[PL 2005, c. 620, §6 (AMD).]

SECTION HISTORY

PL 1975, c. 382, §3 (NEW). PL 1977, c. 694, §§52-55 (AMD). PL 1979, c. 644, §1 (AMD). PL 1981, c. 9 (AMD). PL 1983, c. 568, §1 (AMD). PL 1985, c. 592 (AMD). PL 1985, c. 627, §1 (AMD). PL 1987, c. 310, §1 (AMD). PL 1987, c. 723, §1 (AMD). PL 1989, c. 878, §E5 (AMD). PL 1993, c. 410, §S1 (AMD). PL 2001, c. 498, §1 (AMD). PL 2003, c. 282, §1 (AMD). PL 2005, c. 585, §1 (AMD). PL 2005, c. 620, §6 (AMD). PL 2007, c. 466, Pt. A, §25 (AMD). PL 2007, c. 597, §8 (AMD). PL 2013, c. 290, §1 (AMD). PL 2013, c. 290, §4 (AFF). PL 2019, c. 243, §1 (AMD).