| additional record and any modification of the findings or final | action with the clerk of the court. |
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| | Sec. 10. 7 MRSA §610, as amended by PL 1989, c. 878, Pt. E, §9, is | further amended to read: |
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| §610. Determinations; rules; restricted use pesticides; | uniformity |
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| | 1. Determinations. The board is authorized, after due notice | and an opportunity for a hearing in a manner consistent with the | rule-making provisions of the Maine Administrative Procedure Act | may by rule: |
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| A. To declare Declare as a pest any form of plant or animal | life, except virus viruses, bacteria or other microorganisms | on or in living man human beings or other living animals, | which is that are is injurious to health or the environment; |
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| B. To determine Determine whether pesticides registered | under the authority of FIFRA, Section 24(c) of FIFRA are | highly toxic to man human beings. The definition of highly | toxic, as defined in Title 40, Code of Federal Regulations, | Section 162.8 as issued or hereafter amended, shall govern | the board's determination; |
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| C. To determine Determine whether pesticides and or | quantities of substances contained in pesticides, which are | injurious to the environment, the.__The board shall must be | guided by EPA regulations in this determination; and |
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| D. To prescribe regulations requiring Require any pesticide | to be colored or discolored, if it determines that such a | requirement is feasible and is necessary for the protection | of health and the environment. |
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| | 2. Rule-making powers. The board is authorized, after due | notice and a public hearing, in a manner consistent with the | Maine Administrative Procedure Act, to make appropriate | regulations for carrying may adopt other rules that it determines | necessary to carry out the provisions of this subchapter, | including.__The board's rule-making authority includes, but is | not limited to regulations providing for, rules: |
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| A. The Providing for the collection, examination and | reporting of samples of pesticides or devices; |
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| B. The Providing for the safe handling, transportation, | storage, display, distribution and disposal of pesticides | and their containers; |
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