The Department shall create and maintain lists of pesticides classified as District restricted-use or non-essential. The Department shall, through regulations, designate as non-essential a pesticide that is non-critical to pest management in the District. Critical pest management includes controlling: Plants that are poisonous to touch or may cause damage to a structure infrastructure; or Insects that bite or sting, are venomous or disease-carrying, or that may cause damage to a structure or infrastructure. The Department shall presume that a pesticide should not be classified as non-essential if it is intended primarily for use on or for: Agriculture; Forestry; Promotion of public health or safety; or Other prescribed uses set forth in regulation. The Department shall, through regulations, designate as District restricted-use any pesticide that: When used as directed or in accordance with commonly recognized practice requires additional restrictions for that use to prevent a hazard to human health, the environment, or property; or The Department determines presents a significant, scientifically sound basis justifying that reclassification. The Department shall offer an opportunity for public comment conforming to the conditions set forth in subsection (e) of this section before classifying as District restricted-use any pesticide that is not designated as restricted-use under 40 CFR § 152.175 or adding restrictions to a restricted-use pesticide designated under 40 CFR § 152.175. The opportunity for public comment required by subsection (d) of this section shall include at least one published notice in the District of Columbia Register regarding the proposed reclassification of a particular pesticide and a comment period of at least 30 days; provided, that the agency is required to hold a public hearing only if significant public interest is expressed during the 30-day comment period.
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