§149A-32.5 Cancellation or suspension of pesticide uses. Notwithstanding any law, rule, or executive order to the contrary, the chairperson of the board of agriculture, in consultation with the advisory committee on pesticides and also with the approval of the director of health, shall suspend, cancel, or restrict the use of certain pesticides or specific uses of certain pesticides when the usage is determined to have unreasonable adverse effects on the environment. In addition to other circumstances which may require a determination as to whether unreasonable adverse effects exist, a determination shall be made:
(1) When residues of the pesticides are detected in drinking water; or
(2) When a use under special local needs registration involves a pesticide for which any use has been suspended or canceled by the EPA. [L 1985, c 131, §1; am L 1987, c 310, §16]
Case Notes
Discussed: 842 F.3d 669 (2016).
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