§ 43-8-115. Agreements With Certain Municipal or County Governments to Implement the Enforcement Provisions of This Chapter
Notwithstanding this section, § 43-8-114, § 62-21-118(b), § 62-21-129 or any other law to the contrary, the commissioner shall enter into an agreement with any municipal and/or county government, within any county having a population in excess of two hundred fifty thousand (250,000), according to the 1990 federal census or any subsequent federal census, that […]
§ 43-8-116. Offense of Use of Pesticide in Manner That Causes Harm
It is an offense for any person to knowingly use a pesticide in a manner inconsistent with its labeling so as to cause harm to persons, animals, property or the environment. A violation of this section is a Class A misdemeanor punishable by fine or a term of imprisonment not to exceed thirty (30) days, […]
§ 43-8-112. Authority Vested in Commissioner Delegable to Department of Agriculture Employees
All authority vested in the commissioner by virtue of this part and part 2 of this chapter may with like force and effect be executed by such employees of the department of agriculture as the commissioner may from time to time designate for such purpose.
§ 43-8-113. Establishment of Fees
Commercial pesticide applicator certification fee shall be set by rule pursuant to § 43-1-703. Private pesticide applicator certification fee shall be set by rule pursuant to § 43-1-703. Solicitor/technician card fee shall be set by rule pursuant to § 43-1-703. Special local need (24-C) fee shall be set by rule pursuant to § 43-1-703.
§ 43-8-114. Local Regulation of Pesticides
Except as provided in § 43-8-115 or § 62-21-118(b), no city, town, county or other political subdivision of this state shall adopt or continue in effect any ordinance, rule, regulation or statute regarding pesticide sale or use, including, but not limited to, registration, notification of use, advertising and marketing, distribution, applicator training and certification, storage, […]
§ 43-8-105. Defacing or Destroying Label, Refusing Information, False Guaranty, Revelation of Formula, Noncooperation With Officials Prohibited
It is unlawful: For any person to detach, alter, deface, or destroy, in whole or in part, any label or labeling provided for in this part and part 2 of this chapter or the rules and regulations promulgated hereunder, or to add any substance to, or take any substance from, a pesticide in a manner […]
§ 43-8-106. Powers of Commissioner
The commissioner is authorized, after opportunity for a hearing, to: Declare any form of plant or animal life or virus that is injurious to plants, humans, domestic animals, articles or substances to be a pest; Determine whether pesticides are highly toxic to humans; and Determine standards of coloring or discoloring for pesticides. The commissioner is […]
§ 43-8-107. Notice Given of Violations — Hearing — Prosecution Upon Certification of Facts
If it appears from the examination or evidence that this part and part 2 of this chapter or the rules and regulations issued under this part or part 2 of this chapter have been violated, the commissioner may cause notice of the violations to be given to the registrant, distributor, and possessor from whom the […]
§ 43-8-108. Exemptions From Penalties
The penalties provided for violations of § 43-8-103 do not apply to: Any carrier, while lawfully engaged in transporting a pesticide within this state, if the carrier shall, upon request, permit the commissioner or the commissioner’s designated agent to copy all records showing the transactions in and movements of the articles; Public officials of this […]
§ 43-8-109. Injunction Obtained to Restrain Violations
In addition to other remedies provided in this part, the commissioner may apply to any court having chancery jurisdiction in the county where a violation occurs, for a temporary or permanent injunction restraining any person from violating any provision of this part and part 2 of this chapter or regulations promulgated pursuant to this part […]