‘Restricted-use pesticide’ means any pesticide, including any highly toxic pesticide, which:

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1.  The Director has determined after a hearing, to be:

(a) Injurious to persons, pollinating insects, bees, animals, crops or land, other than pests or vegetation it is intended to prevent, destroy, control or mitigate; or

(b) Detrimental to:

(1) Vegetation, except weeds;

(2) Wildlife; or

(3) Public health and safety; or

2.  Has been classified for restricted use by or under the supervision of a certified applicator in accordance with the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136 et seq.