3-341. Definitions For the purposes of this article: 1. " Active ingredient" means an ingredient that will prevent, destroy, repel or mitigate pests or that will act as a plant regulator, defoliant or desiccant. 2. " Adulterated" means any pesticide the strength or purity of which falls below the professed standard or quality as expressed […]
3-343. Enforcement and administrative powers A. This article shall be administered and its provisions and all rules adopted under this article shall be enforced by the associate director. B. The director may, after a hearing: 1. Declare as a pest any form of plant or animal life or virus which is injurious to plants, humans, […]
3-344. Advisory committee; membership; appointment; duties; uniformity of labeling and standards of pesticides A. The director may appoint an advisory committee as needed to assist and advise the director and associate director in adopting technical rules. The director shall designate the chairman. Meetings of the committee shall be held upon call of the associate director […]
3-345. Publications; membership in professional organizations A. The department may publish, at such times and in such forms as the director deems proper, information concerning the production and use of pesticides and reports of chemists’ findings based on official samples taken of pesticides sold within the state as compared with guaranteed analyses registered under section […]
3-346. Agreements with other agencies and states The director with the advice of the associate director may cooperate with and after a hearing enter into agreements with any other agency of this state, the United States government, and any other state or agency thereof for the purpose of carrying out the provisions of this article […]
3-347. Delegation of duties All authority vested in the director under this article may with like force and effect be executed by his authorized representatives as he designates for such purpose.
3-349. Restrictions upon enforcing officers No person charged with the enforcement of any of the provisions of this article shall be directly or indirectly interested in the sale, manufacture or distribution of any pesticide.
3-350. Pesticide trust fund A. The pesticide trust fund is established for the exclusive purpose of implementing, continuing and supporting the agricultural program established by this article. Except as provided in section 3-351, subsection D, paragraph 2, all monies collected under the provisions of this article shall be deposited in the trust fund. B. The […]
3-350.01. Experimental use permits The division may issue an experimental use permit to any public or private research agency or educational institution for the purpose of experimentation. All experimental use permits shall contain provisions for the review and monitoring of the use allowed by the permit under rules of the department.
3-351. Registration; fee; confidential information A. Every pesticide that is distributed shall be registered with the division. The director may provide by rule for registrations having a term of one or more years and may prescribe the date on which registrations expire. B. The registrant shall file with the division a statement including: 1. The […]
3-352. Prohibited acts A. It is unlawful for any person acting independently or as agent to distribute: 1. Any pesticide that has not been registered pursuant to section 3-351, or any pesticide if any of the claims made for it or any of the directions for its use differ in substance from the representations made […]
3-353. Exemptions A. The penalties provided for violations of subsection A of section 3-352 shall not apply to: 1. Any carrier while lawfully engaged in transporting a pesticide within the state, if such carrier, upon request, permits the director or a designated agent to copy all records showing the transactions in and movement of the […]
3-354. Cease and desist orders; condemnation and destruction or sale of noncomplying pesticides or devices A. When the director finds from investigation that any pesticide or device being distributed or delivered for transportation or transported in intrastate commerce or between points within the state through any point outside this state does not meet the requirements […]
3-355. Enforcement procedures A. The results of official analyses of any pesticide which has been found to be subject to penalty or other legal action shall be forwarded by the department to the registrant or other responsible person and to the purchaser forthwith. Upon request within thirty days of issuance of the analytical report, the […]
3-356. Violations; criminal classification; injunctive relief A. Any person violating any provision of this article is guilty of a class 3 misdemeanor. A registrant who violates any provision of this article after having been issued a warning pursuant to this article is guilty of a class 1 misdemeanor. B. The director may apply for and […]
