§149A-11 Prohibited acts. (a) Except as otherwise exempted in section 149A-12, it shall be unlawful for any person to distribute, solicit, sell, offer for sale, hold for sale, transport, deliver for transportation, or receive and having so received, deliver or offer to deliver to any person in intrastate commerce or between points within this State […]
§149A-12 Exemptions. (a) The prohibitions of section 149A-11(a) shall not apply to: (1) Any carrier while lawfully engaged in transporting a pesticide within this State, if the carrier, upon request of the chairperson or the chairperson’s duly designated officer or employee, permits the officer or employee to copy all records showing the transactions in and […]
§149A-13 Procedure for licensing pesticides. (a) Any pesticide which is received, used, sold, offered for sale, or distributed within this State shall be licensed by the board. Any pesticide product which has been sold in this State but for which the license is not renewed can be used by the purchaser. However, the product cannot […]
§149A-13.5 Pesticide use revolving fund; pesticide training workshops; training fee. (a) There is established within the treasury of the State, a pesticide use revolving fund. The fund shall be administered by the department for the purposes of this section. The fund shall consist of: (1) Licensing and registration fees and charges collected by the department […]
§149A-14 Refusal, cancellation, or suspension of the license. (a) The department may refuse to license a pesticide when it has been determined that: (1) The pesticide or its labeling does not comply with this chapter or the rules adopted under this chapter; or (2) The licensee fails to comply with the licensing procedures set forth […]
§149A-15 Labeling requirements. Each container of pesticides shall bear or have attached in a conspicuous place, a plainly written or printed label in the English language providing the following information: (1) Name, brand, or trademark under which the pesticide is sold or distributed; (2) Ingredient statement as specified by rules; (3) Direction for use which […]
§149A-15.5 Pesticide information signs. (a) Every retailer that sells pesticides to the public shall post a warning sign with respect to the sale of pesticides, pursuant to rules adopted by the department; provided that retailers may post the warning sign or place the warning sign at the product display areas. (b) The department shall adopt […]
§149A-16 Coloration of certain pesticides. The department may require, by rule, the distinct coloration of certain pesticides as the EPA determines or, for a product registered pursuant to section 149A-19(a)(6), as the department determines to be necessary to protect public health and the environment. [L 1972, c 58, pt of §1; am L 1975, c […]
§149A-17 Sales, permit, and record. In addition to licensing requirements applicable to pesticides, every person who sells or distributes restricted use pesticides shall obtain an annual permit from the department. Conditions, procedures, and fees for the permit shall conform to the rules adopted under this section. All persons permitted to sell restricted use pesticides shall […]
§149A-18 Denial, suspension, or revocation of permit. The department may deny issuance of a permit to sell a restricted use pesticide for reasonable cause. Any permit issued pursuant to rules adopted under section 149A-17 may be suspended or revoked by the department, after due hearing, for violation of any condition of the permit or of […]
§149A-19 Determination; rules; uniformity. (a) The board, after having afforded interested and affected parties an opportunity to be heard and, in instances in which human health is affected, after consultation with the director of health, shall adopt rules to: (1) Determine the pesticides that are highly toxic to humans, designate pesticides as restricted use or […]
§149A-20 Seizures; “stop-sale” and “removal from sale” orders. (a) Any pesticide or device that is distributed, sold, offered for sale, transported, or delivered for transportation in violation of this chapter, may be seized. Any pesticide product or device seized hereunder shall, after entry of decree, be disposed of by destruction or sale as the court […]
§149A-21 Enforcement. (a) If it appears that a pesticide or device fails to comply with this chapter, the department may refer the facts with a copy of the results of the analysis or the examination of the pesticide product or device to the appropriate governmental agency for prosecution. A warning notice shall be issued before […]
§149A-22 Authority. The board shall have authority to adopt rules, as necessary, consistent with section 5(f) and section 24(c) of FIFRA, to develop and implement state programs for registration of pesticides for special local needs and issuance of experimental use permits. [L 1975, c 126, pt of §1; am L 1987, c 310, §13] Case […]
§149A-23 Cooperation. The department may cooperate or enter into agreements with any other agency of the State or any agency of the federal government for the purpose of carrying out this chapter and securing uniformity of rules. [L 1972, c 58, pt of §1; am L 1975, c 126, pt of §1; am L 1987, […]
