Sec.22a-50-8. Variances

(a) the Commissioner may grant a variance from Section 19-300b-2, Regulations of Connecticut State Agencies, upon a showing that use of a pesticide will not cause unreasonable adverse effects on the environment. When acting upon a request for a variance, the Commissioner shall consider the factors listed in Sections 22a-50-4 and 22a-50-5 for the particular pesticide.

(b) Any variance granted under this section shall state whether the pesticide is classified general or restricted.

(c) Any person wishing to obtain a variance shall file a request with the Commissioner stating with particularity his reasons and justification for the variance. The Commissioner shall hold a public hearing, following such notice as he feels sufficient, to consider the variance. The Commissioner shall make a decision to grant or deny a variance within 30 days of the end of the hearing.

(d) A decision to grant or deny a variance shall be considered a final decision of the Commissioner for purposes of judicial review, under Section 4-183, Connecticut General Statutes.

(e) A variance may be constructed so as to limit the area, amounts, and time of application of the pesticide.

(Effective February 14, 1975)