430:28 Declaration of Purpose. – The purpose of this subdivision is to recognize the benefits of chemical pesticides in the economy of the state when applied in a safe, scientific, and proper manner; to safeguard public health and welfare and public assets in the soils, waters, forests, wildlife, and other natural resources of the […]
430:29 Definitions. – In this subdivision: I. "Active ingredient" means in the case of: (a) A pesticide other than a plant regulator, defoliant, or desiccant, an ingredient which will prevent, destroy, repel, or mitigate insects, nematodes, fungi, rodents, weeds, or other pests; (b) A plant regulator, an ingredient which, through physiological action, will accelerate […]
430:3 Penalty for Misconduct. – Whoever resists or obstructs any agent of the state while lawfully engaged in the execution of this subdivision, or who violates any rule adopted by the commissioner and state entomologist under the provisions hereof, or who wilfully brings into the state, disseminates, or propagates any destructive insect pest or […]
430:30 Pesticide Control Board. – I. A pesticide control board is established to consist of 13 members appointed by the governor with consent of the council, as follows: (a) The commissioner of agriculture, markets, and food. (b) The commissioner of the department of health and human services, or designee. (c) The commissioner of the […]
430:31 Board Responsibility and Authority. – The board shall: I. Establish policies and goals relative to the sale and use of pesticides. II. Hold hearings concerned with rulemaking where required by RSA 541-A:11. The board may, in its discretion, hold hearings, issue notices of hearings, and take testimony in situations where a person may […]
430:31-a Repealed by 1997, 101:1, eff. Aug. 3, 1997. –
430:31-b Pesticides Training Program. – I. The commissioner of the department of agriculture, markets, and food shall establish a pesticides training program. The purpose of the program is to provide educational assistance to commercial pesticide applicators, pesticide dealers, registrants, producers, sellers, and any other person, other than private applicators, whose activities are governed by […]
430:32 Division Established. – There is hereby established the division of pesticide control within the department of agriculture, markets, and food which shall administer and enforce this subdivision under the direction of the commissioner of agriculture, markets, and food. Source. 1985, 72:1; 375:3. 1995, 130:4, 5, eff. July 23, 1995.
430:33 Registration Certificates and Permits. – I. No person shall engage in the commercial application of pesticides or in the private application of restricted pesticides within this state without possessing a valid certificate of registration issued by the division. An annual application for a certificate of registration with a fee of $20 shall be […]
430:34 Application for Registration and Permits. – I. Annual certificates of registration or permits may be issued and fees shall be collected by the division. II. Applications for registration and permits shall be on a form prescribed by the division and shall include the following: (a) The full name and address of the person […]
430:34-a Notification of Aerial Pesticide Application. – I. No person shall make an aerial application of pesticides without prior written approval from the division. The approval process shall be governed by rules adopted by the board pursuant to RSA 430:31, IV(b). II. If the proposed treatment area is in a residential area, or if […]
430:35 Pesticide Dealer License. – I. No person shall act in the capacity of a pesticide dealer or shall engage in the business of, advertise as, or assume to act as a pesticide dealer unless he has obtained an annual license from the division, which shall expire on December 31 of each year. A […]
430:36 Pesticide Product Registration. – Every pesticide which 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 division of pesticide control, and such registration […]
430:37 Exception. – Notwithstanding any other provisions of this subdivision, registration is not required: I. In the case of a pesticide shipped from one plant within this state to another plant within this state operated by the same person and used solely at such plant as a constituent part to make a pesticide which […]
430:38 Statement Required. – I. The registrant shall file with the division a statement including: (a) The name and address of the registrant and the name and address of the person whose name will appear on the label, if other than the registrant; (b) The name of the pesticide; (c) A complete copy of […]
430:39 Special Local Needs Registrations. – I. Provided the state is certified by the administrator of the United States Environmental Protection Agency, if required, to register pesticides to meet special local needs pursuant to section 24(c) of the Federal Insecticide, Fungicide and Rodenticide Act, as amended, the division shall require the information set forth […]
430:4 Suppression By Towns. – For the purposes of this subdivision, the commissioner and the state entomologist may require any town to take such measures as, in their judgment, are reasonable and proper, up to a cost not exceeding, in any one year, 1/10 of one percent of the tax valuation of said town […]
430:40 Experimental Use Permits. – Provided the state is authorized by the administrator of the United States Environmental Protection Agency to issue experimental use permits and subject to the terms and conditions of such authorization, the division may: I. Issue an experimental use permit to any person applying for such permit if determined that […]
430:41 Prohibited Acts. – I. 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: (a) Any pesticide which has not been […]
430:42 Administration and Enforcement. – I. The commissioner through the division shall be responsible for and shall arrange for the administration and enforcement of the provisions of this subdivision and the administrative rules of the board. II. The division may issue an order to any person in violation of any provision of this subdivision, […]
