reglab/statecodes huggingface dataset:
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 2 - State Chemist › Section 35-7-201 - Under Direction of Department of Agriculture; Appointment; Duties Generally; Salary and Expenses; Fee for Analysis.

35-7-201. Under direction of department of agriculture; appointment; duties generally; salary and expenses; fee for analysis.
(a) The office of state chemist heretofore created by the legislature is hereby transferred with all present and existing appropriations and all property under its control to the state department of agriculture of Wyoming, and shall hereafter be under the direction and supervision of said department. The state chemist shall be appointed by the state board of agriculture with the approval of the Wyoming personnel division and his salary shall be determined and fixed by the Wyoming personnel division to be paid by the state of Wyoming out of any money not otherwise appropriated, the same to be paid by the state auditor in the manner provided for the payment of other accounts against the state, and he shall receive no other salary.
(b) It shall be the duty of the state chemist to make or cause to be made, analysis of such foods, drugs, drinks, gasoline, illuminating oils or other materials relative to the enforcement of this article, as shall be submitted to him or shall be deemed advisable for such analysis, and make a full and complete written report of the same, and when so requested, it shall be his duty to testify in court. He shall receive his necessary traveling expenses as paid to other state employees as allowed by law, to be paid by the state of Wyoming when employed in performing the duties of his office.
(c) Any person, firm, corporation or association, with the exception of cities, counties and state regulatory agencies, who shall submit any article or commodity for analysis or examination shall remit such fee as may be established for the purpose of making this service available to the general public at a reasonable cost, but which fee shall be comparable to that charged for the same service by commercial laboratories operating within the state. Accounting shall be made of all fees so received by the state chemist and shall be paid into the general fund.
(d) The state chemist may allow the testing, inspection and reporting requirements of this article to be conducted electronically as provided by the Uniform Electronic Transaction Act, W.S. 40-21-101 through 40-21-119 and any applicable federal electronic requirements.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 2 - State Chemist › Section 35-7-202 - Employment of Assistant and Second Assistant Chemists; Salaries; Location of Office; Duties Generally.

35-7-202. Employment of assistant and second assistant chemists; salaries; location of office; duties generally.
The state chemist by and with the approval of the state board of agriculture is hereby authorized to employ an assistant to the state chemist and a second assistant to the state chemist who shall receive salaries to be determined and fixed by the Wyoming personnel division; the salaries to be paid by the state of Wyoming out of any moneys not otherwise appropriated, the same to be paid by the state auditor in the manner provided for the payment of such accounts against the state. The assistant chemists shall keep their offices at the University of Wyoming and the board of trustees of said university shall furnish the necessary room for the carrying out of the provisions of this article. The assistant chemists shall perform such duties as they may be required to perform by the state chemist.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 2 - State Chemist › Section 35-7-203 - Expenses.

35-7-203. Expenses.
The necessary traveling expenses and expenses for the purchase of apparatus, chemicals, etc., shall be paid from any appropriation made by the legislature as a contingent fund for the state chemist; provided, that the expense shall be limited to the appropriation made.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 2 - State Chemist › Section 35-7-204 - Seal; Report.

35-7-204. Seal; report.
The state chemist shall keep a seal with which to attest official acts and documents. He shall, as required by W.S. 9-2-1014, report to the governor, on or before the first day of October of each year, including itemized statements of all persons employed by him together with such statistics and other matter as he may regard of value to the administration or public at large.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 3 - Adulterating or Misbranding › Section 35-7-352 - Declaration of Purpose.

35-7-352. Declaration of purpose.
The legislature hereby finds that pesticides and devices are valuable to our state's agricultural production and to the protection of man and the environment from insects, rodents, weeds, and other forms of life which may be pests, and it is essential to the public health and welfare that they be regulated closely to prevent adverse effects on human life and the environment. The purpose of this act is to regulate, in the public interest, the labeling, distribution, storage, transportation, disposal, use and application of pesticides to control pests. New pesticides are continually being discovered or synthesized which are valuable for the control of pests, and for use as defoliants, desiccants, plant regulators, and related purposes. The dissemination of accurate scientific information as to the proper use or nonuse, of any pesticide, is vital to the public health and welfare and the environment both immediate and future. Therefore, it is deemed necessary to provide for registration of pesticides and devices.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 3 - Adulterating or Misbranding › Section 35-7-353 - Board of Certification.

35-7-353. Board of certification.
A board of certification is established consisting of the director of the department of agriculture, and a member of the Wyoming weed and pest council and a University of Wyoming weed or pest specialist to be appointed by the governor. The governor may remove any member he appoints as provided in W.S. 9-1-202.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 3 - Adulterating or Misbranding › Section 35-7-354 - Definitions.

35-7-354. Definitions.
(a) "Applicator" or "operator" means:
(i) "Certified applicator" means any individual who is certified by the director as being competent with respect to the use and handling of pesticides, or of the use and handling of the pesticide or class of pesticides covered by the individual's certification;
(ii) "Commercial applicator" means a certified applicator (whether or not he is a private applicator with respect to some uses) who uses or supervises the use of any pesticide which is classified for restricted use for any purpose or on any property other than as provided by paragraph (a)(iii) of this subsection;
(iii) "Private applicator" means any certified applicator who uses or supervises the use of any restricted use pesticide which is restricted to use by certified applicators and only for purposes of producing any agricultural commodity on property owned by him or his employer or under his control or (is applied without compensation other than trading of personal services between producers of agricultural commodities) on the property of another person.
(b) "Board of agriculture" means that body established by law under W.S. 11-2-102.
(c) "Device" means any instrument or contrivance (other than a firearm) which is intended for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life (other than man, or bacteria, virus, or other microorganism on or in living man or other living animals) but does not include equipment used for the application of pesticides when sold separately therefrom.
(d) "Pesticide" means:
(i) Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pests;
(ii) Any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant;
(iii) Any substance or mixture of substances intended to be used as a spray adjuvant; and
(iv) Any other pesticide product or substance whether general use, restricted use, registered, suspended or cancelled, which by the label or portions thereof clearly show it is used or has been used as a pesticide.
(e) "Restricted use pesticide" means any pesticide product, the label of which states "restricted use" as required for registration by the environmental protection agency under the federal Insecticide, Fungicide and Rodenticide Act of 1972, as amended.
(f) "Dealer" or "distributor" means any person who imports, consigns, distributes, offers to sell or sells, barters or otherwise supplies pesticides in this state. A dealer or distributor may also be a registrant.
(g) "Director" means the director of the department of agriculture or his authorized agent.
(h) "Label" means a display of written, printed or graphic matter upon or affixed to the immediate container of any pesticide, or a reference within such display to other information.
(j) "Official sample" means any sample of a pesticide, degradate or residue taken by and designated as official by the director.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 3 - Adulterating or Misbranding › Section 35-7-355 - Director to Administer and Enforce Provisions; Board of Certification to Adopt Regulations.

35-7-355. Director to administer and enforce provisions; board of certification to adopt regulations.
The director of the department of agriculture shall administer and enforce the provisions of this act and regulations issued thereunder. The board of certification may issue regulations after a public hearing following due notice to all interested persons in conformance with the provisions of the Wyoming Administrative Procedure Act to carry out the provisions of this act. Regulations may prescribe methods to be used in the application of pesticides, may prescribe standards for the classification and certification of applicators of pesticides, and may require certification, licensing, payment of reasonable fees for licensing or certification, submission of information, and passing of examinations by applicators of pesticides. Where the board of certification finds that regulations are necessary to carry out the purpose and intent of this act, the regulations may relate to the time, place, manner, methods, materials, and amounts and concentrations, in connection with the application of the pesticide, and may restrict or prohibit use of pesticides in designated areas during specified periods of time and shall encompass all reasonable factors which the board deems necessary. The department may issue licenses. Notwithstanding the provisions of W.S. 35-7-354(e), the board of agriculture, by regulation, following a hearing and pursuant to the Wyoming Administrative Procedure Act, may declare a specific pesticide or pesticide use a "restricted use pesticide", but only following a recommendation of the board of certification, and a finding of fact, in a public hearing conducted by the board of certification, that unreasonable adverse effects on the environment, including man, pollinating insects, animals, crops, wildlife and lands, other than pests, may reasonably occur. The director of the department of agriculture may allow the registration, licensing, testing, inspection and reporting requirements of this article to be conducted electronically as provided by the Uniform Electronic Transaction Act, W.S. 40-21-101 through 40-21-119 and any applicable federal electronic requirements.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 3 - Adulterating or Misbranding › Section 35-7-357 - Experimental Use Permits.

35-7-357. Experimental use permits.
(a) Any person may apply to the director of the department of agriculture for an experimental use permit for a pesticide. The director may issue an experimental use permit if he determines that the applicant needs the permit in order to accumulate information necessary to register a pesticide under this act. An application for an experimental use permit may be filed at the time of or before or after an application for registration is filed.
(b) Use of a pesticide under an experimental use permit shall be under the supervision of the director, and shall be subject to such terms and conditions and be for such period of time as the director may prescribe in the permit.
(c) The director may revoke any experimental use permit, at any time, if he finds that its terms or conditions are being violated, or that its terms and conditions are inadequate to avoid unreasonable adverse effects on the environment.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 3 - Adulterating or Misbranding › Section 35-7-358 - Refusal to Register; Cancellation; Suspension; Legal Recourse.

35-7-358. Refusal to register; cancellation; suspension; legal recourse.
(a) If it does not appear to the director of the department of agriculture that the pesticide or device is such as to warrant the proposed claims for it or if the pesticide or device and its labeling and other material required to be submitted do not comply with the provisions of this act or regulations adopted thereunder, he shall notify the applicant of the manner in which the pesticide or device, labeling, or other material required to be submitted fails to comply with the provisions of this act so as to afford the applicant an opportunity to make the necessary corrections. If, upon receipt of notice, the applicant does not make the required changes the director may refuse to register the pesticide or device. The applicant may request a hearing as provided for in the Wyoming Administrative Procedure Act.
(b) The director, when he determines that the pesticide or device or labeling does not comply with the provisions of the act or the regulations adopted thereunder, may cancel the registration of a pesticide or device after a hearing in accordance with the provisions of the Wyoming Administrative Procedure Act.
(c) The director, when he determines that there is an imminent hazard, may suspend on his own motion, the registration of a pesticide in conformance with the provisions of the Wyoming Administrative Procedure Act.
(d) Any person who will be adversely affected by an order under this section may obtain judicial review in accord with the Wyoming Administrative Procedure Act.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 3 - Adulterating or Misbranding › Section 35-7-359 - Classification of Licenses.

35-7-359. Classification of licenses.
(a) Licenses shall include but are not limited to:
(i) Commercial applicator license;
(ii) Private applicator license.
(b) A commercial applicator shall notify the department of any change of address or change of employment within thirty (30) days of that change.
(c) The director may refuse an application for a reciprocal license for just cause including, but not limited to:
(i) An incomplete or falsified application;
(ii) A prior violation related to pesticides in this state or another state.
(d) The director may immediately suspend a reciprocal license upon discovery of any violation under subsection (c) of this section. The director may reinstate a license suspended under this subsection following a hearing pursuant to the Wyoming Administrative Procedure Act.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 3 - Adulterating or Misbranding › Section 35-7-360 - Liability for Damage; Service of Process.

35-7-360. Liability for damage; service of process.
(a) Repealed by Laws 1979, ch. 91, 3.
(b) Repealed by Laws 1979, ch. 91, 3.
(c) Nothing in this act shall be construed to relieve any person from liability for any damage to the person or lands of another caused by the use of pesticides even though such use conforms to the rules and regulations of this act.
(d) Before the director shall issue a pesticide applicator's license to a nonresident to apply pesticides in this state, each nonresident pesticide applicator shall appoint the director as his attorney to receive services of legal process issued against the pesticide applicator in this state. The appointment, effect of appointment, and procedures for service of process shall be as provided by W.S. 26-3-121 and 26-3-122.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 3 - Adulterating or Misbranding › Section 35-7-361 - Inspection of Equipment.

35-7-361. Inspection of equipment.
The director may provide for inspection of any equipment used for application of pesticides and may require repairs or other changes before its further use for pesticide application. A list of requirements that equipment shall meet may be adopted by regulation.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 3 - Adulterating or Misbranding › Section 35-7-362 - Reciprocal Agreement.

35-7-362. Reciprocal agreement.
The director may issue a license or certification on a reciprocal basis with other states without examination to a nonresident who is licensed, or certified, in another state substantially in accordance with the provisions of this act but financial security as provided for in W.S. 35-7-360 or proof of liability insurance shall be submitted by nonresident commercial applicators. The department shall, by rule and regulation, establish criteria for reciprocity including, but not limited to, formal agreements with other states, residency, categories and examination. The director is authorized to adopt additional rules and regulations necessary to implement this section.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 3 - Adulterating or Misbranding › Section 35-7-363 - Exemptions.

35-7-363. Exemptions.
(a) The provision of W.S. 35-7-355 relating to licenses and requirements for their issuance shall not apply to any private applicator applying pesticides for himself or with ground equipment or manually for his neighbors, except as to specific regulations as to the use of restricted pesticides and certification qualifications for private applicators, if:
(i) He operates farm property or operates and maintains pesticide application equipment primarily for his own use;
(ii) He is not engaged in the business of applying pesticides for hire amounting to a principal or regular occupation and he does not publicly hold himself out as a pesticide applicator.
(b) The word "device" shall not be construed to mean fly swatter, butterfly net, or any mechanical contrivance used to trap or kill insects or rodents.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 3 - Adulterating or Misbranding › Section 35-7-364 - Discarding and Storing of Pesticides and Pesticide Containers.

35-7-364. Discarding and storing of pesticides and pesticide containers.
No person shall discard, transport, or store any pesticide or pesticide containers in such a manner as to cause injury to humans, vegetation, crops, livestock, wildlife, beneficial insects or to pollute any waterway in a way harmful to any wildlife therein. The board of certification may promulgate rules and regulations governing the discarding and storing of such pesticides or pesticide containers.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 3 - Adulterating or Misbranding › Section 35-7-365 - Subpoenas.

35-7-365. Subpoenas.
The director may issue subpoenas to compel the attendance of witnesses or production of books, documents, and records in the state in any hearing affecting the authority or privilege granted by a license, registration, or permit issued under the provisions of this act.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 3 - Adulterating or Misbranding › Section 35-7-366 - Penalties.

35-7-366. Penalties.
(a) Any person violating any provision of W.S. 35-7-350 through 35-7-375 or regulation thereunder is guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars ($500.00) or imprisoned in the county jail for not more than one (1) year, or both, for the first offense, and upon conviction for a subsequent offense shall be fined not more than one thousand dollars ($1,000.00) or imprisoned in the county jail for not more than one (1) year, or both. Any offense committed more than three (3) years after a previous conviction shall be considered a first offense.
(b) The director may bring an action to enjoin the violation or threatened violation of any provision or any regulation made pursuant to W.S. 35-7-350 through 35-7-375 in a court of competent jurisdiction of the county in which the violation occurs or is about to occur. The action may be initiated by the attorney general or the district attorney for the county in which the violation has or is about to occur.
(c) No state court shall allow the recovery of damages from administrative action taken if the court finds that there was probable cause for such action.
(d) If the department incurs fees or other expenses to remediate a violation by an applicator, the department may seek restitution from the applicator or the applicator s employer through a court of competent jurisdiction.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 3 - Adulterating or Misbranding › Section 35-7-367 - Enforcement.

35-7-367. Enforcement.
(a) The sampling and examination of pesticides or devices shall be made under the direction of the director for the purpose of determining whether they comply with the requirements of this act. The director is authorized, upon presentation of proper identification, to enter any distributor's premises, including any vehicle of transport, at all reasonable times in order to have access to pesticides or devices. If it appears from such examination that a pesticide or device fails to comply with the provisions of this act or regulations adopted thereunder, and the director contemplates instituting criminal proceedings against any person, the director shall cause appropriate notice to be given to such person. Any person so notified shall be given an opportunity within a reasonable time to present his views, either orally or in writing, with regard to the contemplated proceedings. If thereafter in the opinion of the director, it appears that the provisions of the act or regulations adopted thereunder have been violated by such person, the director shall refer a copy of the results of the analysis or the examination of such pesticide or device to the district attorney for the county in which the violation occurred.
(b) Nothing in this act shall be construed as requiring the director to report minor violations of this act for prosecution or for the institution of condemnation proceedings when he believes that the public interest will be served best by a suitable notice of warning in writing.
(c) For the purpose of carrying out the provisions of this act the director may enter upon any public or private premises at reasonable times, in order:
(i) To have access for the purpose of inspecting any equipment subject to this act and such premises on which the equipment is kept or stored;
(ii) To inspect lands actually or reported to be exposed to pesticides;
(iii) To inspect storage or disposal areas;
(iv) To inspect or investigate complaints of injury to humans or land;
(v) To sample pesticides being applied or to be applied.
(d) If the director is denied access to any land where access was sought for the purposes set forth in this act, he may apply to any court of competent jurisdiction for a search warrant authorizing access to such lands for the stated purposes. The court shall with probable cause upon such application issue the search warrant for the purposes requested.
(e) The director may bring an action to enjoin the violation or threatened violation of any provision of this act or any rule made pursuant to this act in the district court of the county in which such violation occurs or is about to occur.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 3 - Adulterating or Misbranding › Section 35-7-368 - Cooperation.

35-7-368. Cooperation.
The director is authorized to cooperate with and enter into agreements with any other agency of this state, the United States, and any other state or agency thereof for the purpose of carrying out the provisions of this act and securing uniformity of regulation.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 3 - Adulterating or Misbranding › Section 35-7-369 - Disposition of Funds.

35-7-369. Disposition of funds.
All moneys received by the department under the provisions of this act shall be deposited into the treasury of the state to the credit of the general fund, excluding those funds collected pursuant to W.S. 35-7-356(d).
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 3 - Adulterating or Misbranding › Section 35-7-370 - Severability.

35-7-370. Severability.
If any provision of this act is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of this act and applicability thereof to other persons and circumstances shall not be affected thereby.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 3 - Adulterating or Misbranding › Section 35-7-371 - Prior Liability.

35-7-371. Prior liability.
The enactment of this act shall not have the effect of terminating, or in any way modifying, any liability, civil or criminal, which shall already be in existence on the date this act becomes effective.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 3 - Adulterating or Misbranding › Section 35-7-372 - Jurisdiction; Repeals.

35-7-372. Jurisdiction; repeals.
Jurisdiction in all matters pertaining to the registration, distribution, transportation and disposal of pesticides and devices is by this act vested exclusively in the director and board of certification and all acts and parts of acts inconsistent with this act are hereby expressly repealed.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 3 - Adulterating or Misbranding › Section 35-7-373 - Registration of Aircraft.

35-7-373. Registration of aircraft.
(a) Any person engaged in the activity or business of applying pesticides utilizing any type of aircraft shall register each aircraft annually with the Wyoming department of agriculture, on a printed form provided by the department. The registration shall include the following:
(i) Manufacturer, model and type of aircraft;
(ii) Identification number assigned to the aircraft;
(iii) Owner of the aircraft; and
(iv) User of the aircraft if different from the owner.
(b) The fee authorized by W.S. 11-1-104 shall be charged to each person registering aircraft. Aircraft shall be registered on or before April 1 of each year.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 3 - Adulterating or Misbranding › Section 35-7-374 - Prohibited Acts.

35-7-374. Prohibited acts.
(a) It is unlawful for any person to:
(i) Detach, alter, deface or destroy, in whole or in part, any labeling prior to proper disposal of the pesticide containers;
(ii) Refuse to keep any records as required by the director by regulation or to refuse to allow the inspection of such records by the director during normal working hours;
(iii) Make available for use, or to use, any restricted pesticide classified for restricted use for some or all purposes, except by or under the direct supervision of a certified applicator;
(iv) Use any pesticide in a manner inconsistent with its labeling which means to use any pesticide in a manner not permitted by the labeling, or not authorized by the director under a special local need registration, an experimental use permit or an emergency exemption, provided that this paragraph does not include:
(A) Applying a pesticide at any dosage, concentration or frequency less than that specified on the labeling;
(B) Applying a pesticide against any target pest not specified on the labeling if the application is to the crop, animal or site specified on the labeling;
(C) Employing any method of application not prohibited by the labeling; or
(D) Mixing a pesticide or pesticides with a fertilizer when the mixture is not prohibited by the labeling.
(v) To falsify any records required by the director by regulation;
(vi) To falsify any application, examination or affidavit for certification or license;
(vii) Other than certified applicators or persons working under their direct supervision to use restricted use pesticides;
(viii) To use restricted use pesticides inconsistent with the applicator category of certification.
(b) If the director finds that the violation occurred despite the exercise of due care or did not cause significant harm to another person, to health or to the environment, he shall issue a warning in lieu of prosecution.
(c) Except as otherwise provided by the Wyoming Environmental Pesticide Control Act of 1973, no political subdivision of this state shall adopt or enforce any ordinance, resolution, rule or regulation regarding pesticides storage, sale, distribution, notification of use, or use that is more stringent than the Wyoming Environmental Pesticide Control Act of 1973 or rules promulgated thereunder.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 3 - Adulterating or Misbranding › Section 35-7-375 - Required Notification of Pesticide Application on or Within School Buildings.

35-7-375. Required notification of pesticide application on or within school buildings.
(a) Any commercial applicator licensed under W.S. 35-7-359 or any other person shall provide notification required by this section of the application of any pesticide as defined under W.S. 35-7-354(d) which is applied on or within any building or other real property used by a school district primarily for the education of students, including any property used by the district for student activities or playgrounds. Notice under this subsection shall be provided to the district not less than seventy-two (72) hours prior to application and the district shall further notify students, teachers and staff. All notices distributed under this subsection shall be marked with a distribution date and include information indicating date of application, location of application or treatment area, pest to be controlled, name and type of pesticide to be applied and a contact for additional information. All notices distributed under this subsection shall be retained by the school or school district for two (2) years.
(b) In addition to notice required under subsection (a) of this section, the licensed commercial applicator or other school employee applying pesticides shall post signs on the school building or property stating the date of application, the location of the application or treatment area, the name and type of the pesticide to be applied and a contact for additional information. Upon request, the licensed commercial applicator or other school employee shall provide information on how to obtain additional information on the pesticide. Not less than twelve (12) hours before application of pesticides within school buildings, signs shall be posted at main entrances to school buildings and at the entrances to the specific application area within buildings. If pesticide application is made outdoors to any area adjacent to a school building or on property used by the district for student activities or playgrounds, signs shall be posted immediately adjacent to the treated area and at the entrance to the district property. The signs shall remain posted for seventy-two (72) hours.
(c) Anti-microbial pesticides defined under W.S. 35-7-354(d), such as disinfectants and sanitizers used by school employees for cleaning purposes and insect or rodent bait stations of the type available for home use are exempted from the notification and posting requirements specified in subsections (a) and (b) of this section.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 3 - Adulterating or Misbranding › Section 35-7-376 - Direct Supervision.

35-7-376. Direct supervision.
(a) As used in this section, unless otherwise prescribed by its labeling, a pesticide shall be considered to be applied under the direct supervision of a certified applicator if it is applied by a competent person acting under the instructions and control of a certified applicator who is available within a reasonable time and distance, even though the certified applicator is not physically present at the time and place the pesticide is applied.
(b) All pesticide applications made for hire shall be under the direct supervision of a certified commercial applicator. All applications of restricted use pesticide shall be made under the direct supervision of a certified applicator. Availability of the certified applicator shall be directly related to the potential hazard of the situation. The certified applicator shall be:
(i) Available by immediate contact through telephone or radio; or
(ii) Physically present on-site when use of the pesticide poses a potentially serious hazard to people or the environment.
(c) As used in this section:
(i) Reasonable time by the supervising applicator to on-site is deemed to be not more than one (1) hour response time;
(ii) Reasonable distance by the supervising applicator to on-site is deemed to be not more than fifty (50) air miles.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 10 - Controlled Substances › Section 35-7-1004 - Personnel to Administer Provisions.

35-7-1004. Personnel to administer provisions.
The attorney general by and with the consent of the governor may employ such personnel as necessary to administer this act. Such personnel shall serve at the pleasure of the attorney general at such compensation as may be approved by the Wyoming personnel division. Said personnel shall be assigned such duties as may be necessary to assist the commissioner in the performance of his responsibilities under this act for the efficient operation of the work of the office.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 10 - Controlled Substances › Section 35-7-1005 - Advisory Board on Drugs and Substances Control.

35-7-1005. Advisory board on drugs and substances control.
There is hereby established an advisory board on drugs and substances control for the purpose of assisting and advising the commissioner of drugs and substances control in carrying out the functions of his office. The members of the advisory board shall receive no compensation for their services except travel expenses and per diem in the same manner and amount as employees of the state of Wyoming. The advisory board consists of the director of the department of health or his designee, and the executive director and senior inspector of the Wyoming state board of pharmacy. In addition to any other duties imposed upon the advisory board by this or any other act, it is the duty of the board to advise the commissioner of drugs and substances control as to which substances shall be declared controlled drugs and substances subjected to the controls provided by law.
Article II.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 10 - Controlled Substances › Section 35-7-1006 - Cooperation by State Departments, Officers, Agencies and Employees.

35-7-1006. Cooperation by state departments, officers, agencies and employees.
It shall be the duty of all departments, officers, agencies, and employees of the state of Wyoming to cooperate with the commissioner of drugs and substances control in carrying out his functions under this or any other act.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 10 - Controlled Substances › Section 35-7-1007 - Cooperative Arrangements; Plant Eradication Programs; Research.

35-7-1007. Cooperative arrangements; plant eradication programs; research.
(a) The commissioner of drugs and substances control may, in addition to other powers and duties vested in him by this or any other act:
(i) Cooperate with federal and other state agencies in discharging his responsibilities concerning traffic in drugs and substances;
(ii) Arrange for the exchange of information between governmental officials concerning the use and abuse of drugs and substances;
(iii) Coordinate and cooperate in training programs on drugs and substances law-enforcement at the local and state level;
(iv) Conduct programs of eradication aimed at destroying wild or illicit growth of plant species from which controlled drugs and substances may be extracted;
(v) Coordinate and regulate educational programs designed to prevent and deter misuse and abuse of controlled drugs and substances;
(vi) Encourage research into the misuse and abuse of controlled drugs and substances; in connection therewith and in furtherance of his other duties he is authorized to:
(A) Establish methods to assess accurately the effects of controlled drugs and substances and to identify and characterize controlled drugs and substances with potential for abuse;
(B) Make studies and undertake programs of research to:
(I) Develop new or improved approaches, techniques, systems, equipment and devices to strengthen the enforcement of this act;
(II) Determine patterns of misuse and abuse of controlled drugs and substances and the social effects thereof; and
(III) Improve methods of preventing, predicting, understanding, and dealing with the misuse and abuse of controlled drugs and substances.
(C) Enter into contracts with public agencies, institutions of higher education and private organizations or individuals for the purpose of conducting research, demonstrations, or special projects which bear directly on misuse and abuse of controlled drugs and substances.
(vii) Enter into contracts for educational and research activities without performance bonds;
(viii) Authorize persons engaged in research on the use and effects of drugs and substances to withhold names and other identifying characteristics of persons who are the subjects of such research, such persons who obtain this authorization may not be compelled in any state, civil, criminal, administrative, legislative or other proceeding to identify the subjects of research for which such authorization was obtained;
(ix) Authorize the possession and distribution of controlled drugs and substances by persons engaged in research, persons who obtain such authorization shall be exempt from state prosecution for possession and distribution of drugs and substances to the extent authorized by the commissioner.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 10 - Controlled Substances › Section 35-7-1008 - Federal Funds and Grants; Authority of Commissioner of Drugs and Substances Control.

35-7-1008. Federal funds and grants; authority of commissioner of drugs and substances control.
(a) Except as otherwise provided by law, the commissioner of drugs and substances control is hereby designated as the agency of the state of Wyoming to accept the provisions of and funds and grants made by or under any act of the congress of the United States providing funds for programs relating to drugs and dangerous substances, and as the agency to administer or supervise the administration of any state plan established or funds received by the state by virtue of any federal statute relating to aid to the states for the purpose of drugs and dangerous substances control; provided, that each acceptance of such federal funds shall be restricted in its effect to the specific situation involved under such acceptance.
(b) The commissioner of drugs and substances control may:
(i) Enter into an agreement with the proper federal agency to procure for the state the benefits of the federal statutes;
(ii) Establish a state plan, if required by the federal statute, to qualify the state for the benefits of the federal statute;
(iii) Provide for reports to be made to the federal agency as may be required;
(iv) Provide for reports to be made to the commissioner of drugs and substances control from local agencies receiving federal funds;
(v) Make surveys and studies in cooperation with other agencies to determine the needs of the state with respect to the application of federal funds;
(vi) Establish standards to which agencies must conform in receiving federal funds;
(vii) Take such other action as may be necessary to secure the benefits of the federal statutes to the state of Wyoming.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 10 - Controlled Substances › Section 35-7-1009 - Federal Funds and Grants; Authority of State Treasurer.

35-7-1009. Federal funds and grants; authority of state treasurer.
Whenever the state of Wyoming shall be entitled to receive any moneys or funds from the United States of America, or from any other source or authority, to be expended for the purposes of this act, the state treasurer is hereby authorized to receive and receipt for such moneys or funds, and to make such application and use of the same as may be required by law.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 10 - Controlled Substances › Section 35-7-1010 - Board of Pharmacy Designated Agency to Administer Registration.

35-7-1010. Board of pharmacy designated agency to administer registration.
The Wyoming state board of pharmacy in addition to any other duties imposed upon it by law is hereby designated as the agency to administer the registration of the manufacture, distribution and dispensing of controlled substances as hereinafter provided in this act. The board shall register certified animal euthanasia technicians as provided by W.S. 33-30-223(b), for the limited purposes of purchasing, possessing and administering drugs labeled by the manufacturer for the purpose of euthanizing animals, excluding Schedule I drugs as defined in W.S. 35-7-1013 and 35-7-1014, and performing the duties and powers of a certified animal euthanasia technician.
Article III.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 10 - Controlled Substances › Section 35-7-1012 - Name by Which Controlled Substance Listed in Schedule.

35-7-1012. Name by which controlled substance listed in schedule.
The controlled substances listed or to be listed in the schedules in W.S. 35-7-1014, 35-7-1016, 35-7-1018, 35-7-1020 and 35-7-1022 are included by whatever official, common, usual, chemical, or trade name designated.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 10 - Controlled Substances › Section 35-7-1013 - Findings Requiring Inclusion of Substance in Schedule I.

35-7-1013. Findings requiring inclusion of substance in Schedule I.
(a) The commissioner shall place a substance in Schedule I if he finds that the substance:
(i) Has high potential for abuse; and
(ii) Has no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 10 - Controlled Substances › Section 35-7-1015 - Findings Requiring Inclusion of Substance in Schedule Ii.

35-7-1015. Findings requiring inclusion of substance in Schedule II.
(a) The commissioner shall place a substance in Schedule II if he finds that:
(i) The substance has high potential for abuse;
(ii) The substance has currently accepted medical use in treatment in the United States, or currently accepted medical use with severe restrictions; and
(iii) Abuse of the substance may lead to severe psychic or physical dependence.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 10 - Controlled Substances › Section 35-7-1017 - Findings Requiring Inclusion of Substance in Schedule Iii.

35-7-1017. Findings requiring inclusion of substance in Schedule III.
(a) The commissioner shall place a substance in Schedule III if he finds that:
(i) The substance has a potential for abuse less than the substances listed in Schedules I and II;
(ii) The substance has currently accepted medical use in treatment in the United States; and
(iii) Abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.
(b) The commissioner shall place a substance in Schedule III if he finds that the substance is an anabolic steroid used for the purpose of increasing weight, muscle mass, or improving performance in any form of exercise, sport or game, exclusive of veterinary pharmaceuticals.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 10 - Controlled Substances › Section 35-7-1019 - Findings Requiring Inclusion of Substance in Schedule Iv.

35-7-1019. Findings requiring inclusion of substance in Schedule IV.
(a) The commissioner shall place a substance in Schedule IV if he finds that:
(i) The substance has a low potential for abuse relative to substances in Schedule III;
(ii) The substance has currently accepted medical use in treatment in the United States; and
(iii) Abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances in Schedule III.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 10 - Controlled Substances › Section 35-7-1021 - Findings Requiring Inclusion of Substance in Schedule V.

35-7-1021. Findings requiring inclusion of substance in Schedule V.
(a) The commissioner shall place a substance in Schedule V if he finds that:
(i) The substance has low potential for abuse relative to the controlled substances listed in Schedule IV;
(ii) The substance has currently accepted medical use in treatment in the United States; and
(iii) The substance has limited physical dependence or psychological dependence liability relative to the controlled substances listed in Schedule IV.