| (3) It will perform its intended function without | unreasonable adverse effects on the environment; |
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| (4) When used in accordance with widespread and commonly | recognized practice, it will not generally cause | unreasonable adverse effects on the environment; and |
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| (5) A need for the pesticide exists. |
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| If, within 180 days from the date the completed application | for registration is submitted, the Board of Pesticides | Control fails to act upon an application for registration of | a pesticide which has been certified by the United States | Environmental Protection Agency the pesticide shall be | deemed registered under this chapter, unless the Board of | Pesticides Control issues a written statement containing the | reasons for the failure to act upon the application. The | statement of the Board of Pesticides Control shall be | considered a refusal to register pursuant to section 609. |
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| This paragraph does not apply if the registrant fails to | provide any information required to be submitted under this | chapter or does not provide other information requested by | the Board of Pesticides Control in order to determine | whether the pesticide should be registered. |
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| The preceding paragraph does not affect the rights of the | Board of Pesticides Control to make further inquiry | regarding the registration of a pesticide or to refuse | reregistration, suspend or revoke registration or otherwise | restrict or condition the use of pesticides in order to | protect public health and the environment. |
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| B. 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 Section 3(d) of | FIFRA; provided, that the board shall not make any lack of | essentiality a criterion for denying registration of any | pesticide. Where 2 pesticides meet the requirements of this | paragraph, one should not be registered in preference to the | other. |
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| C. The board may develop and promulgate such other | requirements by regulation, adopted in a manner consistent | with the Maine Administrative Procedure Act, as are | necessary for the state plan to receive certification from | EPA. |
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