US Lawyer Database

80-8-120. Local pesticide regulation

80-8-120. Local pesticide regulation. (1) (a) A unit of local government may adopt an ordinance to require a commercial applicator, as defined in 80-8-102, to provide notification when applying a pesticide, subject to the following provisions: (i) The applicator shall post a sign or signs at the time of the pesticide application or provide notification as provided for […]

80-8-121. Penalty

80-8-121. Penalty. A person who violates a notification ordinance adopted pursuant to 80-8-120: (1) is subject to a written warning for the first violation; (2) is guilty of a misdemeanor and upon conviction may be fined not more than $50 for the second violation; and (3) is guilty of a misdemeanor and upon conviction may be fined not more […]

80-8-116. Pesticide management account — deposit of fees and penalties — investment

80-8-116. Pesticide management account — deposit of fees and penalties — investment. (1) There is a pesticide management account within the state special revenue fund established in 17-2-102. (2) All licensing, permit, registration, and devices and blending plant fees collected under parts 1 and 2 of this chapter must be deposited in the pesticide management account for […]

80-8-117. Pesticide cleanup special revenue account

80-8-117. Pesticide cleanup special revenue account. (1) There is a pesticide cleanup special revenue account in the state special revenue fund established in 17-2-102. (2) There must be deposited in the pesticide cleanup account any civil penalties collected under 80-8-306. (3) The funds must be used by the department for cleanup and associated costs when a responsible party […]

80-8-103. Purpose

80-8-103. Purpose. The control of pesticides and their use is essential for the protection of humans and the environment. Pesticides are currently considered valuable and necessary to provide sufficient quantity of quality foods and for the protection of humans from vector-borne diseases. However, the protection of humans and their essential needs–water, air, food, animals, vegetation, pollinating […]

80-8-104. Administration

80-8-104. Administration. This chapter shall be administered by the department. History: En. Sec. 3, Ch. 403, L. 1971; R.C.M. 1947, 27-215.

80-8-105. Rules

80-8-105. Rules. (1) The department may adopt by reference without a public hearing regulations adopted under the Federal Insecticide, Fungicide, and Rodenticide Act, as amended. The department may, after a public hearing, adopt all rules necessary to carry out this chapter. (2) The rules may prescribe methods of: (a) registration, suspension or cancellation of registration, application, use or […]

80-8-106. Administrative procedures

80-8-106. Administrative procedures. The administration of this chapter and all rulemaking and hearing functions under this chapter shall be conducted in accordance with the Administrative Procedure Act. History: En. Sec. 23, Ch. 403, L. 1971; amd. Sec. 124, Ch. 218, L. 1974; amd. Sec. 13, Ch. 462, L. 1977; R.C.M. 1947, 27-235.