§ 35-9-101. Short Title
This article shall be known and may be cited as the “Pesticide Act”. Source: L. 90: Entire article R&RE, p. 1559, § 1, effective June 7. Editor’s note: This section is similar to former § 35-9-101 as it existed prior to 1990.
§ 35-9-102. Legislative Declaration
The general assembly hereby finds and declares that the intent of this article is to regulate, in the public interest, the refilling, registration, labeling, transportation, distribution, storage, use, and disposal of any pesticide and of certain devices. The general assembly further finds and declares that it is the intent of this article to assure the […]
§ 35-9-103. Definitions
As used in this article, unless the context otherwise requires: “Active ingredient” means: In the case of a pesticide other than a plant regulator, defoliant, or desiccant, an ingredient which will prevent, destroy, repel, or mitigate any pest; In the case of a plant regulator, an ingredient which, through physiological action, will accelerate or retard […]
§ 35-9-104. Exemptions
The provisions of this article shall not apply to: Any carrier while lawfully engaged in transporting a pesticide or device within this state, if such carrier, upon request, permits the department of agriculture or its designated agent to copy all records showing the transactions regarding and the movement of the pesticide or device; Public officials […]
§ 35-9-105. Exclusive Jurisdiction
Jurisdiction in all matters pertaining to the distribution and sale of pesticides and devices, including removal of pesticide residue from containers prior to refilling or disposal, is vested exclusively in the department of agriculture. Source: L. 90: Entire article R&RE, p. 1561, § 1, effective June 7. L. 2010: Entire section amended, (SB 10-034), ch. […]
§ 35-9-106. Pesticide Registration Required – Exemptions
Except as provided in subsection (2) of this section, every pesticide that is distributed in this state shall be registered with the commissioner as provided by this article and any rules adopted under this article. The commissioner may exempt certain pesticides from the registration requirement consistent with the “Federal Insecticide, Fungicide, and Rodenticide Act”, 7 […]
§ 35-9-107. Pesticide Registration – Application – Fees – Expiration – Rules
Each applicant for registration of a pesticide shall file with the commissioner, in the form and manner the commissioner shall designate: The name and address of the applicant and, if it is different, the name and address of the person whose name will appear on the pesticide label; The name of the pesticide; A complete […]
§ 35-9-108. Registration – Review and Evaluation – Criteria – State Limited-Use or Restricted-Use Pesticide – Cancellation – Summary Suspension
The commissioner shall review the information provided with respect to each pesticide to determine if it meets the claims made for it and if the pesticide and its labeling and other materials comply with the provisions of this article and the rules and regulations adopted pursuant thereto. If the commissioner determines that the pesticide, labeling, […]
§ 35-9-109. Confidentiality of Inert Ingredients
Except as provided by this section, no inert ingredient information required by section 35-9-107 (1)(d) shall be released to any person by the commissioner. A registrant may authorize the commissioner to disclose any inert ingredient information required by section 35-9-107 by filing a signed authorization for release of information with the commissioner. When a treating […]
§ 35-9-110. Device Registration – Required
Every device which is sold in this state and which is subject to the provisions of this article shall be registered with the commissioner in accordance with this article and any rules and regulations adopted pursuant thereto. The commissioner shall designate the classes of devices which are subject to this article. Source: L. 90: Entire […]
§ 35-9-111. Device Registration – Application – Fees – Expiration – Rules
Each applicant for registration of a device shall file with the commissioner, in the form and manner he shall designate: The name and address of the applicant and, if different, the name and address of the person whose name will appear on the device; The name of the device; A complete copy of the labeling […]
§ 35-9-112. Renewal of Pesticide and Device Registration
A registrant of either a pesticide or a device shall submit a renewal application in the form and manner designated by the commissioner on or before the expiration date of the registration and shall pay a renewal fee in an amount determined by the commissioner. If an application for renewal of a pesticide or device […]
§ 35-9-113. Misbranded
The term “misbranded” shall apply: To any pesticide or device if its labeling bears any statement, design, or graphic representation relative thereto or to its ingredients which is false or misleading in any particular; To any pesticide: If it is an imitation of or is offered for sale under the name of another pesticide; If […]
§ 35-9-114. Pesticide Dealer License – Required
Effective January 1, 1992, any person who acts as a pesticide dealer must possess a valid pesticide dealer license issued by the commissioner in accordance with this article and any rules or regulations adopted pursuant thereto. Each business location, including branch offices, and each business name must be licensed. Source: L. 90: Entire article R&RE, […]
§ 35-9-115. Pesticide Dealer License – Requirements – Application – Fees – Expiration
Each applicant for a pesticide dealer license shall make application to the commissioner providing all information in the form and manner the commissioner shall designate. Each applicant for a pesticide dealer license shall pay a fee in an amount determined by the commissioner. Each pesticide dealer license shall expire on January 1 of each year. […]
§ 35-9-116. Renewal of Pesticide Dealer License
Each pesticide dealer shall make an application to renew its license on or before the first working day of January for the year of renewal. Said application shall be in the form and manner prescribed by the commissioner and shall be accompanied by the renewal fee. If the application for renewal of any pesticide dealer […]
§ 35-9-117. Dealer and Refiller Records and Reports – Rules
Licensed pesticide dealers shall keep records of designated sales in the form and manner designated by the commissioner. Such records shall be kept at the address designated on the license application or on a change report as required by section 35-9-115 (4) for a period of two years from the date of the sale of […]
§ 35-9-117.5. Refillable Container Residue Removal Requirements – Rules
A refiller shall comply with refillable container residue removal requirements established by the commissioner by rule. Source: L. 2010: Entire section added, (SB 10-034), ch. 376, p. 1769, § 13, effective July 1.
§ 35-9-118. Powers and Duties of the Commissioner – Rules
The commissioner is authorized to administer and enforce the provisions of this article and any rules and regulations adopted pursuant thereto. The commissioner is authorized to adopt all reasonable rules for the administration and enforcement of this article, including, but not limited to: Declaring to be a pest any form of plant or animal life […]
§ 35-9-119. Investigations – Access – Subpoena
The commissioner, upon his own motion or upon the complaint of any person, may make any and all investigations necessary to insure compliance with this article. At any reasonable time during regular business hours, the commissioner shall have free and unimpeded access upon consent or upon obtaining an administrative search warrant: To all buildings, yards, […]