49-309

49-309. Cancellation of pesticide registration;
hearing for reconsideration and continued use

A. If the director determines the pesticide which meets any of the conditions
specified in section 49-308 is carcinogenic, mutagenic, teratogenic or toxic to humans in
concentrations found at depths prescribed in section 49-308, subsection A and the
pesticide label cannot be modified to change the approved use and application of the
active ingredient to ensure that it does not threaten to pollute the groundwaters of this
state, the director shall notify the Arizona department of agriculture to cancel the
registration of the pesticide.

B. For any other pesticide which meets any of the conditions specified in section
49-308 the registrant may request a hearing within forty-five days of notification that
the director has made a determination pursuant to section 49-308, subsection B. At the
same time the registrant shall submit a report and documented evidence which demonstrates
either of the following:

1. The presence in the soil of any active ingredient, other specified ingredient or
degradation product does not threaten to pollute the groundwaters of this state in any
region in this state or that the pesticide label can be modified to change the approved
use and application of the active ingredient to ensure that it does not threaten to
pollute the groundwaters of this state.

2. Any active ingredient, other specified ingredient or degradation product that
has been found in groundwater has not polluted, and does not threaten to pollute, the
groundwater of this state in any region in this state in which the pesticide may be used
according to the terms under which it is registered or that the pesticide label can be
modified to change the approved use and application of the active ingredient to ensure
that it does not threaten to pollute the groundwater of this state.

C. The director of environmental quality, after a public hearing and in
consultation with the director of water resources, the director of the department of
health services and the director of the Arizona department of agriculture, may allow the
continued registration, sale and use of a pesticide, other than those identified in
subsection A of this section, which meets any of the conditions specified in section
49-308 if the director determines any of the following:

1. Either of the conditions prescribed in subsection B of this section exist and
apply to the pesticide.

2. There are no alternative products or practices that can be effectively used in
substitution for the pesticide and the cancellation or modification will cause severe
economic hardship on one or more segments of the agricultural industry in this state.

D. Notwithstanding subsection C of this section, the director shall not allow the
continued registration, sale or use of a pesticide if it would cause a violation of water
quality standards at the applicable point of compliance.

E. The Arizona department of agriculture shall cancel the registration of any
pesticide identified pursuant to section 49-308 unless continued under subsection C of
this section.