§ 911. Definitions As used in this chapter: (1) “Active ingredient” means: (A) in the case of an economic poison other than a plant regulator, defoliant, or desiccant, any ingredient which will prevent, destroy, or repel insects, nematodes, fungi, rodents, weeds, or other pests; (B) in the case of plant regulators, any ingredient which will […]
§ 912. Administration Jurisdiction in all matters pertaining to the distribution, sale, and transportation of economic poisons is by this chapter vested exclusively in the Secretary. (Amended 2003, No. 42, § 2, eff. May 27, 2003.)
§ 913. Powers of Secretary The Secretary may, after opportunity for a hearing: (1) declare as a pest any form of plant or animal life or virus which is injurious to plants, humans, domestic animals, articles, or substances; (2) determine whether economic poisons are highly toxic to humans; and (3) determine standards of coloring or […]
§ 914. Delegation of duties All authority vested in the Secretary by virtue of the provisions of this chapter may with like force and effect be executed by such employees of the Agency of Agriculture, Food and Markets as the Secretary may from time to time designate for such purpose. (Amended 1989, No. 256 (Adj. […]
§ 915. Rules The Secretary, after due public hearing, may make appropriate rules for carrying out the provisions of this chapter, including rules providing for the collection and examination of samples of economic poisons. (Amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 92, eff. July 1, 2022.)
§ 916. Cooperation with State and federal agencies The Secretary is authorized and empowered to cooperate with, and enter into agreements with, any other agency of this State, the U.S. Department of Agriculture or Environmental Protection Agency, and any other state or agency thereof for the purpose of carrying out the provisions of this chapter […]
§ 917. Uniformity between State requirements and federal regulations In order to avoid confusion, endangering the public health, resulting from diverse requirements, particularly as to the labeling and coloring of economic poisons, and to avoid increased costs to the people of this State due to the necessity of complying with such diverse requirements in the […]
§ 918. Registration (a) Every economic poison that is distributed, sold, or offered for sale within this State or delivered for transportation or transported in intrastate commerce or between points within this State through any point outside this State shall be registered in the Office of the Secretary, and such registration shall be renewed annually; […]
§ 919. Prohibited distribution; sale or transportation It shall be unlawful for any person to distribute, sell, or offer for sale within this State or deliver for transportation or transport in intrastate commerce or between points within this State through any point outside this State any of the following: (1) Any economic poison that has […]
§ 920. Other prohibitions (a) It shall be unlawful for any person to detach, alter, deface, or destroy, in whole or in part, any label or labeling provided for in this chapter or rules adopted under this chapter, or to add any substance to, or take any substance from, an economic poison in a manner […]
§ 921. Seizure and condemnation Any economic poison that is distributed, sold, or offered for sale within this State or delivered for transportation or transported in intrastate commerce or between points within this State through any point outside this State shall be liable to be proceeded against in any Superior Court of the State where […]
§ 922. Disposition after condemnation If the article is condemned, it shall, after entry of decree, be disposed of by destruction or sale as the court may direct and the proceeds, if such article is sold, less legal costs, shall be paid to the State Treasurer; provided, that the article shall not be sold contrary […]
§ 923. Procedure for prosecuting violations The examination of economic poisons shall be made under the direction of the Secretary for the purpose of determining whether they comply with the requirements of this chapter. If it shall appear from such examination that an economic poison fails to comply with the provisions of this chapter, and […]
§ 924. Duty of state’s attorney It shall be the duty of each State’s Attorney to whom any such violation is reported to cause appropriate proceedings to be instituted and prosecuted in the Superior Court without delay. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
§ 926. Penalties (a) Any person violating subdivision 919(1) of this title shall be guilty of a misdemeanor and upon conviction shall be fined not more than $100.00. (b) Any person violating any provision of this chapter other than subdivision 919(1) of this title shall be guilty of a misdemeanor and upon a conviction shall […]
§ 927. Exceptions from penalties The penalties provided for violations of section 919 of this title shall not apply to: (1) Any carrier while lawfully engaged in transporting an economic poison within this State, if such carrier shall, upon request, permit the Secretary or his or her designated agent to copy all records showing the […]
§ 928. Foreign exports Articles shall not be deemed in violation of this chapter when intended solely for export to a foreign country, and when prepared or packed according to the specifications or directions of the purchaser. If not so exported, all the provisions of this chapter shall apply.
§ 929. Revolving fund (a) There is hereby created a special pesticide monitoring revolving fund. Monies collected pursuant to subsection 918(b) of this title shall be deposited in the fund. The Secretary may use monies deposited in the fund for the following purposes: (1) For the purpose of monitoring pesticides, conducting pesticide educational activities, researching […]
