HAR §4-66-37. Special local need (SLN) registration

(a) The head may register pesticide products for special local needs. All applicants for registration of pesticides to meet special local needs shall submit the following information: (1) The name and address of the applicant and any other person whose name shall appear on the labeling or in the directions for use; (2) The name of the pesticide product, and if application is for an amendment to a federally registered product, the EPA registration number of that product; (3) A copy of proposed labeling, including all claims made for the product; directions for use to meet the special local need; the complete proposed labeling for a new product, or the proposed supplemental labeling for registration of an additional use of a federally registered product, and the complete formula of the product if the application is for a new product; and any other information specified by the head that is required to be reviewed prior to registration under this section. 66-26 i . §4-66-38 (b) The head shall determine whether there is a special local need for registration. Situations the head may consider as not involving a special local need may include, but are not limited to, use to control a pest problem present on a nationwide basis, and use of a pesticide product registered by other states on an interregional or national basis. (c) The head shall determine whether the claims made for the product in the registration application are warranted. [Eff 7/13/81; comp 12/16/06; am and comp t<.\\f;? 3 2_0,q ] (Auth: HRS §§149A-19, 149A-22, l49A- 33; l"'J-''t.J~c §136v (c); 40 CFR §§162.152, 162.153) (Imp: HRS §§149A-19, 149A-22, 149A-33; 7 USC §136v (c); 40 CFR §§162 .152, 162 .153) §4-66-38 Special local need; unreasonable adverse effects. (a) Under the following circumstances, prior to issuing a special local need registration, the head shall determine that use of the product for which registration is sought would not cause unreasonable adverse effects on humans or the environment, when used in accordance with labeling directions or widespread and commonly recognized practices: ( 1) ( 2) ( 3) For the use of a product that has a composition not similar to any federally registered product; For the use of a product involving a use pattern not similar to any federally registered use of the same product, or of a product with a similar composition; or For the use of a product for which other uses of the same product, or of a product with a similar composition, have had federal registration denied, disapproved, suspended, or canceled by the EPA administrator. (b) The determination required by subsection (a) shall be based on data and criteria consistent with federal regulations applicable to the type of product or use under consideration. [Eff 7/13/81; am and comp 12/16/06; am and comp AUG 2 3 Z019 ] (Auth: HRS §§149A-19, 149A-22, 149A-33; 7 USC §136v (c); 40 CFR §162 .153) (Imp: HRS §§149A-19, 149A-22, 149A-33; 7 USC §136v (c); 40 CFR §162 .153) 66-27 §4-66-39 §4-66-39 Special local need; label, packaging and coloration requirements. (a) The head shall review the proposed labeling submitted with the application to determine compliance subject to the following, requirements: (1) A copy of the final printed labeling shall be reviewed by the head as soon as practicable after a registration is issued in order to verify compliance; (2) A new product registered shall be accompanied, at the time of use, by labeling meeting all applicable criteria of sections 4-66-4 to 4- 66-31. New product labeling shall also contain a statement identifying "For distribution and use only within the State of Hawaii" and the assigned special local need number. (3) For a registration of an additional use of a federally registered product, labeling from the federally registered product shall be accompanied at the time of use by supplemental labeling that contains: (A) A statement identifying "For distribution and use only within the State of Hawaii"; (B) Directions for use to meet the special local need which satisfy the criteria of sections 4-66-10 to 4-66-31; (C) The trade name of the product; (D) The name and address of the special local need registrant; (E) The EPA registration number of the federally registered product; (F) The assigned special local need number; (G) A statement requiring a person using the product to comply with all applicable directions, restrictions, and precautions found in the labeling of the federally registered product; and (H) A statement prohibiting the use of the product in a manner inconsistent with federal and accompanying supplemental labeling. (4) If the head classifies for restricted use a product or product use registered by the head, 66-28 §4-66-41 which is not required to be classified as restricted use by section 4-66-32, then the head shall require supplemental labeling for the product or product use to have additional appropriate precautions, and a statement that the product or product use is for restricted use. (b) All products registered by the head shall meet all appropriate federal packaging standards as well as all appropriate standards for coloration established and contained in section 4-66-42.1. Prior to issuing any registration, the head shall determine that the product conforms to these requirements. [Eff 7/13/81; am and comp 12/16/06; am and comp AUG 2 3 2019 ] (Auth: HRS §§149A-19, 149A-22, 149A-33; 7 USC §136v (c); 40 CFR §162.153) (Imp: HRS §§149A-19, 149A-22, 149A-33; 7 USC §136v (c); 40 CFR §162.153)