La. Admin. Code tit. 7 § XXIII-3107

Current through Register Vol. 50, No. 9, September 20, 2024

Section XXIII-3107 - Determination of Appropriate Action

A. Upon determination by the commissioner that a threat or reasonable expectation of a threat to human health or to the environment exists or that the maximum contaminant level standards as adopted herein have been exceeded he shall:

1. promptly direct that thereafter the emergency procedures established by Chapter 29 of this Part be employed;

2. complete sufficient investigation as to permit appropriate action.

B. In determining appropriate action as to the pesticide involved the commissioner shall consider:

1. registration denial;

2. stop orders for use, sales or application;

3. label changes;

4. remedial or protective orders;

5. injunctive relief; and

6. any other relevant remedies.

C. In determining appropriate action as to the responsible party the commissioner shall consider:

1. referral for criminal prosecution;

2. referral to the commission;

3. remedial or protective orders;

4. injunctive relief; and

5. any other relevant remedies.

La. Admin. Code tit. 7, § XXIII-3107

Promulgated by the Department of Agriculture and Forestry, Office of Agricultural and Environmental Sciences, LR 18:249 (March 1992), amended by Department of Agriculture and Forestry, Office of Agricultural and Environmental Sciences, Advisory Commission on Pesticides, LR 37:3488 (December 2011).

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:3303(B) and R.S. 3:3306(B).