§ 23-25-7. Experimental use permits.
(a) Provided the state is authorized by the administrator of EPA to issue experimental use permits, the director may:
(1) Issue an experimental use permit to any person applying for an experimental use permit, if he or she determines that the applicant needs the permit in order to accumulate information necessary to register a pesticide under § 23-25-6(h). An application for an experimental use permit may be filed at the time of or before or after an application for registration is filed.
(2) Refuse to issue an experimental use permit, if he or she determines that issuance of the permit is not warranted or that the pesticide applications to be made under the proposed terms and conditions may cause unreasonable adverse effects on the environment.
(3) Prescribe terms, conditions, and period of time for the experimental use permit, which shall be under the supervision of the director.
(4) Revoke or modify any experimental use permit, at any time, if he or she finds that its terms or conditions are being violated, or that its terms and conditions are inadequate to avoid unreasonable adverse effects on the environment.
(b) The director may develop and promulgate any other requirements by regulation that are necessary for the state plan to receive that authorization from EPA.
(c) The director may limit or prohibit the use of any pesticide for which an experimental use permit has been issued by EPA, pursuant to § 5(a) of FIFRA, 7 U.S.C. § 136c(a), and which the director finds may cause unreasonable adverse effects on the environment.
History of Section.P.L. 1976, ch. 191, § 2; G.L. 1956, § 23-41.1-7; P.L. 1979, ch. 39, § 1.
Structure Rhode Island General Laws
Chapter 23-25 - Pesticide Control
Section 23-25-1. - Short title.
Section 23-25-2. - Enforcing official.
Section 23-25-3. - Declaration of purpose.
Section 23-25-4. - Definitions. [Effective until January 1, 2024.]
Section 23-25-5. - Misbranded.
Section 23-25-6. - Registration.
Section 23-25-6.1. - Registration fee — Surcharge.
Section 23-25-7. - Experimental use permits.
Section 23-25-8. - Refusal to register — Cancellation — Suspension — Legal recourse.
Section 23-25-10. - Applicator categories for certification — Standards.
Section 23-25-11. - Prohibitions for applicators.
Section 23-25-12. - Licenses for commercial applicators — Rules and regulations.
Section 23-25-13. - Certification of commercial applicators — Renewal — Regulations.
Section 23-25-14. - Certification of private applicators — Renewal — Regulations.
Section 23-25-16. - Monitoring of environment.
Section 23-25-19. - Storing and disposal of pesticides and pesticide containers.
Section 23-25-20. - Enforcement.
Section 23-25-21. - “Stop sale, use, or removal” order.
Section 23-25-22. - Judicial action after “stop sale, use, or removal” order.
Section 23-25-24. - Cooperation with other agencies.
Section 23-25-25. - Publication of information.
Section 23-25-26. - Reports of pesticide accidents or incidents.
Section 23-25-27. - Subpoenas.
Section 23-25-28. - Penalties.
Section 23-25-29. - Protection of trade secrets and other information.
Section 23-25-30. - Delegation of director’s duties.
Section 23-25-31. - Reciprocal agreements.
Section 23-25-32. - Budget — Receipt and disposition of funds.
Section 23-25-33. - Severability.
Section 23-25-34. - Prior liability.
Section 23-25-35. - Repeal of inconsistent acts.
Section 23-25-36. - Protective clothing and equipment.
Section 23-25-37. - Pesticide applications and notification of pesticide applications at schools.
Section 23-25-39. - Report on lawn care pesticide use.
Section 23-25-40. - Neonicotinoids restricted. [Effective January 1, 2024.]