Section 20-2204. DENIAL, SUSPENSION, AND REVOCATION OF PESTICIDE REGISTRATION

 

2204.1 If the District Department of the Environment (Department) determines that a pesticide registered under the Department’s authority does not warrant the proposed claims for it, or if the pesticide and its labeling and other supporting material do not comply with the pesticide provisions of this title, the Department shall notify the applicant of the manner in which the pesticide, labeling, or other supporting material fail to comply with the provisions of this title so as to afford the applicant an opportunity to make the necessary corrections.

 

2204.2 If, upon receipt of the notice required by § 2204.1, the applicant does not make the required changes within thirty (30) days, the Department may deny the application for registration of the pesticide.

 

2204.3 The Department may deny, suspend, or revoke the registration of any pesticide if the Department determines any of the following conditions exist:

 

(a) The pesticide, its labeling, or other material required to be submitted do not comply with the Pesticide Operation Regulations, Chapters 22 through 25 of this title; or

 

(b) The denial, suspension, or revocation is necessary to prevent unreasonable adverse effects on public health, safety, or welfare, or the environment.

 

2204.4 If the Department determines that there is an imminent hazard, the Department may immediately suspend a pesticide registration in the District without prior compliance with §§ 2204.5 or 2204.6. 

 

2204.5 The Department shall notify the registrant in writing with the reasons for any proposed denial, suspension, or revocation of a pesticide registration in the District.

 

2204.6 Pursuant to § 2504, the registrant shall have fifteen (15) calendar days from the date of service of the notice to deny, suspend, or revoke registration to request a hearing with the Office of Administrative Hearings (OAH) to show cause why registration should not be denied, suspended, or revoked.

 

2204.7An appeal to OAH pursuant to this section shall be subject to the requirements of § 2504.

 

 

authority

Section 12(a) of the Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; D.C. Official Code § 8-411(a) (2013 Repl.)); Section 11(a) of the Pesticide Education and Control Amendment Act of 2012, effective October 23, 2012 (D.C. Law 19-191; D.C. Official Code § 8-440(a) (2013 Repl.)); Section 103(b)(1)(B)(ii)(II) of the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code § 8-151.03(b)(1)(B)(ii)(II) (2013 Repl.)); the Brownfields Revitalization Amendment Act of 2010 (Brownfields Act), effective April 8, 2011 (D.C. Law 18-369; D.C. Official Code §§ 8-631.01 et seq. (2013 Repl.)); and Mayor’s Order 98-47, dated April 15, 1998, as amended by Mayor’s Order 2006-61, dated June 14, 2006.

source

Section 5 of the Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; 24 DCR 6867 (February 17, 1978)); as amended by Final Rulemaking published at 25 DCR 3044, (October 6, 1978), incorporating the text of the Proposed Rulemaking published at 25 DCR 2118 (August 25, 1978); as amended by Final Rulemaking published at 30 DCR 2204, 2207 (May 13, 1983); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015).