| 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. |
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| 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. |
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| | 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 of the pesticide, the registrant | shall submit such that information to the board. |
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| | Sec. 7. 7 MRSA §607-A, as corrected by RR 1997, c. 2, §26 and | amended by PL 2003, c. 689, Pt. B, §6, is further amended to | read: |
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| §607-A. Review or reregistration |
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| | 1. Review required. The board shall review all chemical | pesticides used in this State in accordance with the requirements | of this section. This review must be completed for presently | registered pesticides on a schedule to be determined by the | board, with restricted use pesticides and the most widely used | pesticides receiving priority, and within 3 years for pesticides | registered after September 23, 1983. The board shall select 2 | pesticides for review each year with priority given to pesticides | that have patterns of use in this State that differ from | prevalent use patterns nationally or regionally.__The board may | select additional pesticides for review as the board determines | need and as resources allow. |
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| | 2. Review process. In cooperation with technical personnel | of the Department of Environmental Protection; the Department of | Inland Fisheries and Wildlife; the Department of Health and Human | Services; the Department of Marine Resources; and the Department | of Conservation, specifically the Maine Forest Service, the board | shall conduct a review to include consisting of the following or | portions of the following as the board determines relevant: |
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| A. An environmental risk assessment to determine the | effects of pesticides on the ecosystem. This assessment is | to be based on available literature. The board shall request | data that it determines necessary to carry out the purpose | of this chapter, but, when the literature is not available, | is inadequate or incomplete, this assessment shall be based | on an environmental monitoring protocol; or |
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