Arkansas Administrative Code › Agency 209 - Arkansas Agriculture Department › Division 02 - State Plant Board › Rule 209.02.17-004 - Arkansas Pesticide Control Act Regulations (Regulation No. 7)

Current through Register Vol. 49, No. 6, June, 2024
CHAPTER 16
PLANT DISEASE AND PEST CONTROL
SUBCHAPTER
			 4
PESTICIDE CONTROL
2-16-401.
Title.
This subchapter shall be known as the "Arkansas Pesticide
				Control Act".
2-16-402.
Purpose.
(a) The purpose of this
			 subchapter is to regulate in the public interest the labeling, distribution,
			 storage, transportation, and disposal of pesticides as defined in this
			 subchapter.
(b) Pesticides 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; but it is essential to the public health and welfare that they be
			 regulated to prevent adverse effects on human life and the
			 environment.
(c) New pesticides are
			 continually being discovered, synthesized, or developed which are valuable for
			 the control of pests and for use as defoliants, desiccants, plant regulators,
			 spray adjuvants, and related purposes. However, such pesticides may be
			 ineffective, may cause injury to man, or may cause unreasonable adverse effects
			 on the environment.
(d) Therefore,
			 it is deemed necessary to provide for regulation of pesticides
2-16-403.
Definitions.
As used in this subchapter, unless the context otherwise
				requires:
(1) "Active ingredient"
			 means any ingredient which will prevent, destroy, repel, control, or mitigate
			 pests or which will act as a plant regulator, defoliant, desiccant, or spray
			 adjuvant;
(2) "Adulterated" shall
			 apply to any pesticide if its strength or purity falls below the professed
			 standard or quality as expressed on its labeling or under which it is sold, if
			 any substance has been substituted wholly or in part for the pesticide, or if
			 any valuable constituent of the pesticide has been wholly or in part
			 abstracted;
(3) "Animal" means all
			 vertebrate and invertebrate species, including, but not limited to, man and
			 other mammals, birds, fish, and shellfish;
(4) "Beneficial insects" means those insects
			 which, during their life cycle, are effective pollinators of plants, are
			 parasites or predators of pests, or are otherwise beneficial;
(5) "Defoliant" means any substance or
			 mixture of substances intended for causing the leaves or foliage to drop from a
			 plant, with or without causing abscission;
(6) "Desiccant" means any substance or
			 mixture of substances intended for artificially accelerating the drying of
			 plant tissue;
(7) "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, and other than bacteria, virus, or other
			 microorganism on or in living man or other living animals; but not including
			 equipment used for the application of pesticides when sold separately from the
			 sale of pesticides;
(8)
			 "Distribute" means to offer for sale, hold for sale, sell, barter, ship,
			 deliver for shipment, or receive and having so received, deliver or offer to
			 deliver, pesticides in this state;
(9) "Environment" includes water, air, land,
			 and all plants and man and other animals living therein, and the
			 interrelationships which exist among these;
(10) "EPA" means the United States
			 Environmental Protection Agency;
(11) "FIFRA" means the Federal Insecticide,
			 Fungicide, and Rodenticide Act, as amended;
(12) "Fungus" means any
			 non-chlorophyll-bearing thallophytes, that is, all non-chlorophyll-bearing
			 plants of a lower order than mosses and liverworts, for example, rusts, smuts,
			 mildews, molds, yeasts, and bacteria, except those on or in living man or other
			 living animals, and except those in or on processed food, beverages, or
			 pharmaceuticals;
(13) "Highly toxic
			 pesticide" means any pesticide determined to be a highly toxic pesticide under
			 the authority of Section 25 (c)(2) of the Federal Insecticide, [Fungicide] and
			 Rodenticide Act or by the State Plant Board under §
											2-16-406(a)(2);
(14) "Imminent hazard" means a
			 situation which exists when the continued use of a pesticide during the time
			 required for cancellation proceedings pursuant to §
											2-16-408 would likely result in
			 unreasonable adverse effects on the environment or will involve unreasonable
			 hazard to the survival of a species declared endangered by the Secretary of the
			 Interior under P.L. 91-135;
(15)
			 "Inert ingredient" means an ingredient which is not an active
			 ingredient;
(16) "Ingredient
			 statement" means:
(A) Statement of the name
			 and percentage of each active ingredient together with the total percentage of
			 the inert ingredients in the pesticide; and
(B) When the pesticide contains arsenic in
			 any form, the ingredient statement shall also include percentages of total and
			 water soluble arsenic, each calculated as elemental arsenic. In the case of a
			 spray adjuvant, the ingredient statement need contain only the names of the
			 functioning agents and the total percentage of the constituents ineffective as
			 spray adjuvants;
(17)
			 "Insect" means any of the numerous small invertebrate animals generally having
			 the body more or less obviously segmented, for the most part belonging to the
			 class insecta, comprising six-legged, usually winged forms, for example,
			 beetles, bugs, bees, flies, and other allied classes of arthropods whose
			 members are wingless and usually have more than six (6) legs, for example,
			 spiders, mites, ticks, centipedes, and wood lice;
(18) "Label" means the written, printed, or
			 graphic matter on or attached to the pesticide or device or any of its
			 containers or wrappers;
(19)
			 "Labeling" means the label and all other written, printed, or graphic matter:
(A) Accompanying the pesticide or device at
			 any time; or
(B) To which reference
			 is made on the label or in literature accompanying the pesticide or device,
			 except to current official publications of the United States Environmental
			 Protection Agency; the United States Departments of Agriculture, Interior, and
			 Health and Human Services; state experiment stations; state agricultural
			 colleges; and other similar federal or state institutions or agencies
			 authorized by law to conduct research in the field of pesticides;
(20) "Nematode" means invertebrate
			 animals of the phylum nemathelminthes and class nematoda, that is,
unsegmented round worms with elongated, fusiform, or sac-like
				bodies covered with cuticle and inhabiting soil, water, plants, or plant parts;
				they may also be called nemas or eelworms;
(21) "Person" means any individual,
			 partnership, association, fiduciary, corporation, or any organized group of
			 persons whether incorporated or not;
(22) "Pest" means:
(A) Any insect, rodent, nematode, fungus,
			 weed; or
(B) Any other form of
			 terrestrial or aquatic plant or animal life or virus, bacteria, or other
			 microorganism except viruses, bacteria, or other microorganisms on or in living
			 man or other living animals which the United States Environmental Protection
			 Agency declares to be a pest under Section 25(c)(1) of the Federal Insecticide,
			 Fungicide, and Rodenticide Act, or which the State Plant Board declares to be a
			 pest under §
												2-16-406(a)(1);
(23) "Pesticide" means:
(A) Any substance or mixture of substances
			 intended for preventing, destroying, repelling, or mitigating any
			 pests;
(B) Any substance or mixture
			 of substances intended for use as a plant regulator, defoliant, or desiccant;
			 and
(C) Any substance or mixture of
			 substances intended to be used as spray adjuvant;
(24) "Plant regulator" means any substance or
			 mixture of substances, intended through physiological action, for accelerating
			 or retarding the rate of growth or rate of maturation or for otherwise altering
			 the behavior of plants or the produce thereof. The term shall not include
			 substances to the extent that they are intended as plant nutrients, trace
			 elements, nutritional chemicals, plant inoculants, and soil
			 amendments;
(25) "Protect health
			 and environment" means protection against any unreasonable adverse effects on
			 the environment;
(26) "Registrant"
			 means a person who has registered any pesticide pursuant to the provisions of
			 this subchapter;
(27)
			 "Restricted-use pesticide" means any pesticide or pesticide use classified for
			 restricted use by the
Administrator of the United States Environmental Protection
				Agency;
(28)
			 "State-restricted pesticide" means any pesticide or pesticide use which, when
			 used as directed or in accordance with a widespread and commonly recognized
			 practice, the State Plant Board determines, subsequent to a hearing, requires
			 additional restrictions for that pesticide or use to prevent unreasonable
			 adverse effects on the environment, including man, lands, beneficial insects,
			 animals, crops, and wildlife, other than pests;
(29) "Spray adjuvant" means any wetting
			 agent, spreading agent, sticker, deposit builder, adhesive, emulsifying agent,
			 deflocculating agent, water modifier, or similar agent intended to be used with
			 any other pesticide as an aid to the application or to the effect thereof, and
			 which is in a package or container separate from that of the pesticide with
			 which it is to be used;
(30)
			 "Unreasonable adverse effects on the environment" means any unreasonable risk
			 to man or the environment,
taking into account the economic, social, and environmental
				costs and benefits of the use of any pesticide;
(31) "Weed" means any plant which grows where
			 not wanted; and
(32) "Wildlife"
			 means all living things that are neither human, domesticated, nor, as defined
			 in this subchapter,pests. "Wildlife" shall include, but not be limited to,
			 mammals, birds, and aquatic life.
2-16-404.
Penalties.
(a) Any person who violates any provision of
			 this subchapter or the regulations adopted hereunder shall be guilty of a
			 misdemeanor and upon conviction shall be punishable for the first offense by a
			 fine of not less than one hundred dollars ($100) and not more than one thousand
			 dollars ($1,000) and for the second and any additional offense a fine of not
			 less than five hundred dollars ($500) and not more than two thousand dollars
			 ($2,000).
(b) Any offense committed
			 more than three (3) years after a previous conviction shall be considered as a
			 first offense.
2-16-405.
Administration.
(a) This
			 subchapter shall be administered by the State Plant Board.
(b) The functions vested in the board by this
			 subchapter shall be considered to be delegated to the employees of the State
			 Plant Board or its authorized representatives.
2-16-406.
Powers of State Plant
			 Board
.
(a) The State Plant Board is
			 authorized, after due notice and an opportunity for a hearing, to:
(1) Declare as a pest any form of plant or
			 animal life, other than man and other than bacteria, viruses, and other
			 microorganisms on or in living man or other living animals, which is injurious
			 to health or the environment;
(2)
			 Determine whether pesticides registered under the authority of Section 24(c) of
			 the Federal Insecticide, Fungicide, and Rodenticide Act are highly toxic to
			 man. The definition of "highly toxic" in 40, C.F.R. § 162.8, as issued or
			 hereafter amended, shall govern the board's determination;
(3) Determine pesticides, and quantities of
			 substances contained in pesticides, which are injurious to the environment. The
			 board shall be guided by the United States Environmental Protection Agency
			 regulations in this determination; and
(4) Prescribe regulations requiring any
			 pesticide registered for special local needs to be colored or discolored if it
			 determines that the requirement is feasible and is necessary for the protection
			 of health and the environment.
(b) The board is authorized to inspect
			 pesticides wherever found and may sample and analyze or cause to be analyzed
			 samples thereof, to determine compliance with this subchapter and the
			 regulations adopted hereunder.
(c)
			 The board is authorized, after due notice and a public hearing, to make
			 appropriate regulations where the regulations are necessary for the enforcement
			 and administration of this subchapter. These regulations shall include, but not
			 be limited to, regulations providing for:
(1)
			 The safe handling, transportation, storage, display, distribution, and disposal
			 of pesticides and their containers;
(2) Labeling requirements of all pesticides
			 required to be registered under provisions of this subchapter. The regulations
			 shall not impose any requirements for federally registered labels in addition
			 to or different from those required pursuant to the Federal Insecticide,
			 Fungicide, and Rodenticide Act;
(3)
			 Specifying those classes of devices which shall be subject to any provision of
			 §
												2-16-410.
(d) For the purpose of uniformity and in
			 order to enter into cooperative agreements, the board may:
(1) Adopt restricted-use pesticides
			 classifications as determined by the United States Environmental Protection
			 Agency. In addition, the board may declare certain pesticides or pesticide uses
			 as state-restricted pesticides when, after investigation and public hearing, it
			 finds and determines the pesticide to be injurious to persons, animals, or
			 vegetation other than the pest or vegetation which it is intended to destroy,
			 or otherwise requires additional restrictions under the conditions set forth in
			 §
												2-16-403(28). The
			 sale or distribution of such pesticides in Arkansas or their use in pest
			 control or other operation is prohibited, except in accordance with such rules
			 and regulations as may be made by the board after a public hearing. The rules
			 and regulations may include rules and regulations prescribing the time when and
			 the conditions under which the materials may be used in different areas in the
			 state. The board, in its rules and regulations, may charge inspection and
			 permit fees sufficient to cover the cost of enforcement of this subdivision
			 (d)(1); and
(2) Adopt regulations
			 in conformity with the primary pesticide standards, particularly as to labeling
			 and registration requirements, as established by the United States
			 Environmental Protection Agency or other federal or state agencies.
2-16-407.
Pesticide registration required.
(a)
			 Each pesticide must have been accepted for registration by the State Plant
			 Board, and the registration must be in force at the time it is sold, offered
			 for sale, or distributed in this state. Registration is not required if a
			 pesticide is shipped from one (1) plant or warehouse to another plant or
			 warehouse operated by the same person and used solely at the plant or warehouse
			 as a constituent part to make a pesticide which is registered under the
			 provisions of this subchapter or if the pesticide is distributed under the
			 provisions of an experimental use permit issued under §
											2-16-409 or an experimental use
			 permit issued by the United States Environmental Protection Agency.
(b) The applicant for registration shall file
			 a statement with the board which shall include:
(1) The name and address of the applicant and
			 the name and address of the person whose name will appear on the label, if
			 other than the applicant's;
(2) The
			 name of the pesticide;
(3) Other
			 necessary information required for completion of the board's application for
			 registration form; and
(4) A
			 complete copy of the labeling accompanying the pesticide and a statement of all
			 claims to be made for it, including the directions for use and the use
			 classification as provided for in the Federal Insecticide, Fungicide, and
			 Rodenticide Act.
(c) The
			 board, when it deems it necessary in the administration of this subchapter, may
			 require the submission of the complete formula of any pesticide, including the
			 active and inert ingredients.
(d)
			 The board may require a full description of the tests made and the results upon
			 which the claims are based on any pesticide not registered pursuant to § 3
			 of the Federal Insecticide, Fungicide, and Rodenticide Act or on any pesticide
			 on which restrictions are being considered. In the case of renewal of
			 registration, a statement shall be required only with respect to information
			 which is different from that furnished when the pesticide was registered or
			 last reregistered.
(e) The board
			 may prescribe other necessary information by regulation.
(f) The applicant desiring to register a
			 pesticide shall pay an annual registration fee as prescribed in the regulations
			 of the board for each pesticide registered by the applicant. The annual
			 registration fee shall be no less than sixty dollars ($60.00) for each product
			 registered. All registrations shall expire December 31 each year.
(g) Any registration approved by the board
			 and in effect on December 31 for which a renewal application has been made and
			 the proper fee paid shall continue in full force and effect until such time as
			 the board notifies the applicant that the registration has been approved or
			 denied, in accordance with the provisions of §
											2-16-408. Forms for reregistration
			 shall be mailed to registrants at least thirty (30) days prior to the due
			 date.
(h) Provided the board is
			 certified by the Administrator of the United States Environmental Protection
			 Agency to register pesticides to meet special local needs pursuant to Section
			 24(c) of the Federal Insecticide, Fungicide, and Rodenticide Act, the board
			 shall require information set forth under subsections (b)-(e) of this section
			 and shall register a pesticide if it determines that:
(1) The pesticide's composition is such as to
			 warrant the proposed claims for it;
(2) The pesticide's labeling and other
			 material required to be submitted comply with the requirements of this
			 subchapter;
(3) The pesticide will
			 perform its intended function without unreasonable adverse effects on the
			 environment;
(4) When used in
			 accordance with widespread and commonly recognized practice, the pesticide will
			 not generally cause unreasonable adverse effects on the environment;
			 and
(5) The classification for
			 general or restricted use is in conformity with Section 3(d) of the Federal
			 Insecticide, Fungicide, and Rodenticide Act.
(i) The board shall not make any lack of
			 essentiality a criterion for denying registration of any pesticide. Where two
			 (2) pesticides meet the requirements of this section, one (1) should not be
			 registered in preference to the other.
2-16-408.
Registration of pesticides
			 for local needs.
(a) Provided the State
			 Plant Board is certified by the Administrator of the United States
			 Environmental
Protection Agency to register pesticides for those pesticides
				formulated to meet special local needs, the board shall consider the following
				for refusal to register, for cancellation, for suspension, or for legal
				recourse:
(1) If it does not appear to
			 the board that the pesticide is such as to warrant the proposed claims for it
			 or if the pesticide and its labeling and other material required to be
			 submitted do not comply with the provisions of this subchapter or regulations
			 adopted hereunder, it shall notify the applicant of the manner in which the
			 pesticide, labeling, or other material required to be submitted fails to comply
			 with the provisions of this subchapter so as to afford the applicant an
			 opportunity to make the necessary corrections.
(A) If, upon receipt of the notice, the
			 applicant does not make the required changes, the board may refuse to register
			 the pesticide.
(B) The applicant
			 may request a hearing as provided for in the Arkansas Administrative Procedure
			 Act, §
													25-15-201 et seq.;
(2) When the board determines that
			 a pesticide or its labeling does not comply with the provisions of this
			 subchapter or the regulations adopted hereunder, it may cancel the registration
			 of a pesticide after a hearing in accordance with the provisions of the
			 Arkansas Administrative Procedure Act, §
												25-15-201 et seq.;
(3) When the board determines that there is
			 an imminent hazard, it may, on its own motion, suspend the registration of a
			 pesticide in conformance with the provisions of the Arkansas Administrative
			 Procedure Act, §
												25-15-201 et seq. Hearings shall
			 be held with the utmost possible expedition; and
(4) Any person adversely affected by an order
			 in this section may obtain judicial review of the order by filing in the
			 circuit court, within sixty (60) days after the entry of the order, a petition
			 praying that the order be set aside in whole or in part.
(A) A copy of the petition shall be forthwith
			 transmitted by the clerk of the court to the board, and then the board shall
			 file in the court the record of the proceedings on which it based its
			 order.
(B) The court shall have
			 jurisdiction to affirm or set aside the order complained of in whole or in
			 part.
(C) The findings of the board
			 with respect to questions of fact shall be sustained if supported by
			 substantial evidence when considered on the record as a whole.
(D) Upon application, the court may remand
			 the matter to the board to take further testimony if there are reasonable
			 grounds for the failure to adduce such evidence in the prior hearing.
(E) The board may modify its findings and
			 order by reason of the additional evidence so taken and shall file the
			 additional record and any modification of the findings or order with the clerk
			 of the court.
(b) If the board determines that any
			 federally registered pesticide, with respect to its use in this state, requires
			 further restrictions pursuant to §
											2-16-406(d)(1), it
			 may refuse to register or cancel or suspend the current registration of the
			 pesticide in order to comply with such rules and regulations as may be adopted
			 under §
											2-16-406.
2-16-409.
Experimental-use
			 permits.
(a) Provided the State Plant
			 Board is authorized by the Administrator of the United States Environmental
Protection Agency to issue experimental-use permits, the board
				may:
(1) Issue an experimental-use
			 permit to any person applying for an experimental-use permit if it determines
			 that the applicant needs that permit in order to accumulate information
			 necessary to register a pesticide under §
												2-16-407;
(2) Refuse to issue an experimental-use
			 permit if it determines that the pesticide applications to be made under the
			 proposed terms and conditions may cause unreasonable adverse effects on the
			 environment;
(3) Prescribe terms,
			 conditions, and a period of time for the experimental-use permit which shall be
			 under the supervision of the board; and
(4) Revoke any experimental-use permit at any
			 time if it finds that the permit's terms or conditions are being violated or
			 that its terms and conditions are inadequate to avoid unreasonable adverse
			 effects on the environment.
(b) Regulations adopted under this subchapter
			 as to experimental-use permits as authorized by the Federal
Insecticide, Fungicide, and Rodenticide Act shall not be
				inconsistent with the requirements of the Federal Insecticide, Fungicide, and
				Rodenticide Act and regulations promulgated thereunder.
2-16-410.
Misbranded
			 pesticides.
A pesticide is misbranded:
(1) If its labeling bears any statement,
			 design, or graphic representation relative to the pesticide or to its
			 ingredients which is false or misleading in any particular;
(2) If it is an imitation of, or is
			 distributed under the name of, another pesticide;
(3) If any word, statement, or other
			 information required to appear on the label or labeling is not prominently
			 placed thereon with such conspicuousness, compared with other words,
			 statements, designs, or graphic matter in the labeling, and in such terms, as
			 to render it likely to be read and understood by the ordinary individual under
			 customary conditions of purchase and use;
(4) If the labeling does not contain a
			 statement of the federal use classification under which the product is
			 registered;
(5) If the labeling
			 accompanying it does not contain directions for use which are necessary for
			 effecting the purpose for which the product is intended, and the directions if
			 complied with, together with any requirements imposed under section 3(3)
			 [correction to original codification: section 3(d)] of the Federal Insecticide,
			 Fungicide, and Rodenticide Act, are adequate to protect health and the
			 environment;
(6) If the label does
			 not bear:
(A) The name, brand, or trademark
			 under which the pesticide is distributed;
(B) An ingredient statement on that part of
			 the immediate container and on the outside container and wrapper of the retail
			 package, if there is one, through which the ingredient statement on the
			 immediate container cannot be clearly read, which is presented or displayed
			 under customary conditions of purchase. The ingredient statement may appear
			 prominently on another part of the container as permitted pursuant to Section
			 2(q)(2)(A) of the Federal Insecticide, Fungicide, and Rodenticide Act if the
			 size or form of the container makes it impracticable to place it on the part of
			 the retail package which is presented or displayed under customary conditions
			 of purchase;
(C) A warning or
			 caution statement which may be necessary and which, if complied with together
			 with any requirements imposed under section 3(d) of the Federal Insecticide,
			 Fungicide, and Rodenticide Act, would be adequate to protect the health and
			 environment;
(D) The net weight or
			 measure of the content;
(E) The
			 name and address of the manufacturer, registrant, or person for whom
			 manufactured; and
(F) The United
			 States Environmental Protection Agency registration number assigned to each
			 establishment in which it was produced and the United States Environmental
			 Protection Agency registration number assigned to the pesticide, if required by
			 regulations under the Federal Insecticide, Fungicide, and Rodenticide
			 Act;
(7) If that
			 pesticide contains any substance in quantities highly toxic to man unless the
			 label bears, in addition to other label requirements:
(A) The skull and crossbones;
(B) The word "POISON" in red prominently
			 displayed on a background of distinctly contrasting color; and
(C) A statement of a practical treatment,
			 first aid or otherwise, to be used in case of poisoning by the
			 pesticide;
(8) If the
			 pesticide container does not bear a registered label; and
(9) If a spray adjuvant label fails to state
			 the type or function of the functioning agents.
2-16-411.
Unlawful actions -
			 Exceptions.
(a)
(1) It is unlawful for any person to
			 distribute in this state any of the following:
(A) Any pesticide which has not been
			 registered pursuant to:
(i) The provisions of
			 this subchapter; or
(ii) The
			 provisions of the Federal Insecticide, Fungicide, and Rodenticide
			 Act;
(B) Any pesticide
			 if any of the claims made for it or any of the directions for its use or other
			 labeling differs from the representations made in connection with its
			 registration, or if the composition of a pesticide differs from its composition
			 as represented in connection with its registration. A change in the labeling or
			 formulation of a pesticide may be made within a registration period without
			 requiring reregistration of the product if the registration is amended to
			 reflect the change and if the change will not violate any provision of the
			 Federal Insecticide, Fungicide, and Rodenticide Act or this
			 subchapter;
(C) Any pesticide
			 unless it is in the registrant's or the manufacturer's unbroken immediate
			 container and there is affixed to the container, and to the outside container
			 or wrapper of the retail package if there is one through which the required
			 information on the immediate container cannot be clearly read, a label bearing
			 the information required in this subchapter and the regulations adopted under
			 this subchapter. The State Plant Board may designate that certain specified
			 economic poisons may be sold by the manufacturers or dealers in bulk, in which
			 case the label information required and any other statements required by this
			 subchapter must be stated in or attached to the invoice. In addition, a copy of
			 the invoice must be given to the purchaser at the time the economic poison is
			 delivered;
(D) Any pesticide which
			 has not been colored or discolored pursuant to the provisions of §
													2-16-406(a)(4) or
			 of Section 25(c)(5) of the Federal Insecticide, Fungicide, and Rodenticide
			 Act;
(E) Any pesticide which is
			 adulterated or misbranded or any device which is misbranded; and
(F) Any pesticide in containers which are
			 unsafe due to damage.
(2)
			 However, this subsection shall not apply to:
(A) Any carrier while lawfully engaged in
			 transporting a pesticide within this state if the carrier shall, upon request,
			 permit the board to copy all records showing the transactions in and movement
			 of the pesticides or devices;
(B)
			 Public officials of this state and the federal government while engaged in the
			 performance of their official duties in administering state or federal
			 pesticide laws or regulations or while engaged in pesticide research;
(C) The manufacturer or shipper of a
			 pesticide for experimental use only by or under the supervision of an agency of
			 this state or of the federal government authorized by law to conduct research
			 in the field of pesticides if the manufacturer or shipper holds a valid
			 experimental-use permit as provided for by §
													2-16-409 or by the United States
			 Environmental Protection Agency;
(D) Any person who ships a substance or
			 mixture of substances being put through tests, in which the purpose is only to
			 determine its value for pesticide purposes or to determine its toxicity or
			 other properties, from which the user does not expect to receive any benefit in
			 pest control from its use.
(b) It shall be unlawful for any person to:
(1) Detach, alter, deface, or destroy, wholly
			 or in part, any label or labeling provided for in this subchapter or in
			 regulations adopted under this subchapter or to add any substance to or take
			 any substance from a pesticide in a manner that may defeat the purpose of this
			 subchapter or the regulations adopted hereunder;
(2) Use for his own advantage or to reveal,
			 other than to the board, to properly designated state or federal officials, to
			 employees of the state or federal executive agencies, to the courts of the
			 state in response to a subpoena, to physicians, or in emergencies to
			 pharmacists and other qualified persons for use in the preparation of
			 antidotes, any information relative to formulas of products acquired by
			 authority of §
												2-16-407 or any information judged
			 by the board as containing or relating to trade secrets or commercial or
			 financial information obtained by authority of this subchapter and marked as
			 privileged or confidential by the registrant;
(3) Handle, transport, store, display, or
			 distribute pesticides in such a manner as to endanger man and his environment
			 or to endanger food, feed, or any other products that may be transported,
			 stored, displayed, or distributed with the pesticides;
(4) Dispose of, discard, or store any
			 pesticides or pesticide containers in such a manner as to cause injury to
			 humans, vegetation, crops, livestock, wildlife, or beneficial insects or to
			 pollute any water supply or waterway;
(5) Refuse or otherwise fail to comply with
			 the provisions of this subchapter, the regulations adopted hereunder, or of any
			 lawful order of the board.
(c) No person shall transport, store, or
			 dispose of any pesticide or pesticide containers in such a manner as to cause
			 injury to humans, vegetation, crops, livestock, wildlife, or beneficial insects
			 or to pollute any waterway in a way harmful to any wildlife therein. The board
			 may promulgate rules and regulations governing the storing and disposal of
			 pesticides or pesticide containers. In determining these standards, the board
			 shall take into consideration any regulations issued by the United States
			 Environmental Protection Agency.
(d) No pesticide or device shall be deemed in
			 violation of this subchapter when intended solely for export to a foreign
			 country, and when prepared or packed according to the specification or
			 directions of the purchaser. If not so exported, all the provisions of this
			 subchapter shall apply.
2-16-412.
Enforcement.
(a) The sampling and examination of
			 pesticides or devices shall be made by the State Plant Board for the purpose of
			 determining whether they comply with the requirements of this subchapter.
(1) The board is authorized to enter any
			 distributor's premises, including any vehicle of transport, at all reasonable
			 times, in order to have access to pesticides or devices packaged or labeled for
			 distribution and to collect samples of the contents, containers, or labeling
			 for the pesticides or devices.
(2)
			 If an analysis is made of the samples, a copy of the results of the analysis
			 shall be furnished promptly to the owner, operator, or agent in
			 charge.
(3) If it appears from the
			 examination that a pesticide or device fails to comply with the provisions of
			 this subchapter or regulations adopted hereunder and the board contemplates
			 instituting criminal proceedings against any person, the board shall cause
			 appropriate notice to be given to that person.
(4) 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.
(5) If thereafter, in the opinion of the
			 board, it appears that the provisions of this subchapter or regulations adopted
			 hereunder have been violated by the person, the board shall refer a copy of the
			 results of the analysis or the examination of the pesticide or device to the
			 prosecuting attorney for the county in which the violation occurred
.
(b)
(1) For
			 the purpose of carrying out the provisions of this subchapter, the board may
			 enter upon any public or private premises at reasonable times in order to
			 inspect storage or disposal areas or sample pesticides being applied or to be
			 applied.
(2) Should the board be
			 denied access to any premises or other areas where access was sought for the
			 purposes set forth in this subchapter, it may apply to any court of competent
			 jurisdiction for a search warrant authorizing access to those premises or other
			 areas for the purposes set forth in this subchapter. The court may, upon such
			 application, issue the search warrant for the purposes requested.
(c) The board, with or without the
			 aid and advice of the prosecuting attorney, is charged with the duty of
			 enforcing the requirements of this subchapter and any rules or regulations
			 issued thereunder. In the event a prosecuting attorney refuses to act on behalf
			 of the board, the Attorney General may so act.
(d) The board is authorized to apply to any
			 court of competent jurisdiction for, and the court upon hearing and for cause
			 shown may grant, a temporary or permanent injunction. This injunction shall
			 restrain any person from violating any provisions of this subchapter or of the
			 rules and regulations made under authority of this subchapter and shall be
			 without bond.
(e) Nothing in this
			 subchapter shall be construed as requiring the board to report minor violations
			 of this subchapter for prosecution or for the institution of condemnation
			 proceedings when it believes that the public interest will be served best by a
			 suitable notice of warning in writing.
2-16-413.
Issuance of stop-sale, etc.,
			 order.
(a) When the State Plant Board
			 has reasonable cause to believe a pesticide or device is being distributed,
			 stored, transported, or used in violation of any of the provisions of this
			 subchapter, or of any of the regulations prescribed under the authority of this
			 subchapter, it may issue and serve a written stop-sale, use, or removal order
			 upon the owner or custodian of the pesticide or device.
(b) If the owner or custodian is not
			 available for service of the order upon him, the board may attach the order or
			 other suitable marking to the pesticide or device and notify the owner or
			 custodian and the registrant.
(c)
			 The pesticide or device shall not be sold, used, or removed until the
			 provisions of this subchapter have been complied with and until the pesticide
			 or device has been released in writing under conditions specified by the board
			 or the violation has been otherwise disposed of as provided in this subchapter
			 by a court of competent jurisdiction.
2-16-414.
Hearing on stop-sale, etc.,
			 order.
(a) After service of a
			 stop-sale, use, or removal order is made upon any person, either that person,
			 the registrant, or the State Plant Board may file an action in a court of
			 competent jurisdiction in the county in which a violation of this subchapter or
			 regulations adopted hereunder is alleged to have occurred for an adjudication
			 of the alleged violation.
(1) The court in
			 the action may issue temporary or permanent injunctions, mandatory or
			 restraining orders, and such intermediate orders as it deems necessary or
			 advisable.
(2) The court may order
			 condemnation of any pesticide or device which does not meet the requirements of
			 this subchapter or regulations adopted hereunder.
(b) If the pesticide or device is condemned,
			 it shall, after entry of decree, be disposed of by destruction or sale as the
			 court directs.
(1) If the pesticide or device
			 is sold, the proceeds, less costs including legal costs, shall be paid to the
			 State Treasury as provided in § 2-16419.
(2) The pesticide or device shall not be sold
			 contrary to the provisions of this subchapter or regulations adopted
			 thereunder.
(3) Upon payment of
			 costs and execution and delivery of a good and sufficient bond conditioned that
			 the pesticide or device shall not be disposed of unlawfully, the court may
			 direct that the pesticide or device be delivered to its owner for relabeling,
			 reprocessing, removal from the state, or otherwise bringing the product into
			 compliance.
(c) When a
			 decree of condemnation is entered against the pesticide or device, court costs,
			 fees, storage, and other proper expenses shall be awarded against the person,
			 if any, appearing as claimant of the pesticide.
(d) No state court shall allow the recovery
			 of damages from administrative action taken or for stop-sale, use, or removal
			 if the court finds that there was probable cause for such action.
2-16-415.
Subpoenas.
The State Plant Board 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
				registration issued under the provisions of this subchapter.
2-16-416.
Intergovernmental
			 cooperation.
The State Plant Board may cooperate, receive grants-in-aid, and
				enter into cooperative agreements or contracts with any agency of the federal
				government, of this state or its subdivisions, or with any agency of another
				state, in order to:
(1) Secure
			 uniformity of regulations;
(2)
			 Enter into cooperative agreements with the United States Environmental
			 Protection Agency to register pesticides under the authority of this subchapter
			 and the Federal Insecticide, Fungicide, and Rodenticide Act; and
(3) Cooperate in the enforcement of the
			 federal pesticide control laws through the use of state or federal personnel
			 and facilities and implement cooperative enforcement programs, including, but
			 not limited to, the registration and inspection of establishments.
2-16-417.
Publication of
			 information.
The State Plant Board may publish, in such form as it may deem
				proper, results of analyses based on official samples as compared with the
				analyses guaranteed and information concerning the distribution of
				pesticides.
2-16-418.
Protection of trade secrets and other information.
(a) In submitting data required by this
			 subchapter, the applicant may:
(1) Clearly
			 mark any portions thereof which in his opinion are trade secrets or commercial
			 or financial information; and
(2)
			 Submit such marked material separately from other material required to be
			 submitted under this subchapter.
(b) Notwithstanding any other provision of
			 this subchapter, the State Plant Board shall not make public any information
			 which, in its judgment, contains or relates to trade secrets or commercial or
			 financial information obtained from a person and is privileged or confidential,
			 except that, when necessary to carry out the provisions of this subchapter,
			 information relating to formulas of products acquired by authorization of this
			 subchapter may be revealed to any state or federal agency consulted or in
			 findings of fact issued by the board.
(c) If the board proposes to release for
			 inspection information which the applicant or registrant believes to be
			 protected from disclosure under subsection (b) of this section, it shall notify
			 the applicant or registrant, in writing, by certified mail.
(1) The board shall not, after mailing the
			 notice as provided in this subsection, make available for inspection the data
			 until thirty (30) days after receipt of the notice by the applicant or
			 registrant.
(2) During this period,
			 the applicant or registrant may institute an action in an appropriate court for
			 a declaratory judgment as to whether the information is subject to protection
			 under subsection (b) of this section.
2-16-419.
Disposition of funds.
All moneys received by the State Plant Board under the
				provisions of this subchapter and the regulations adopted hereunder shall be
				deposited in the Plant Board Fund of the State Treasury and be used for
				carrying out the provisions of this subchapter.
REGULATIONS UNDER ACT 410
REGULATION NO. 1. Registration Fees; Expiration of
				Registration -
Through December 31, 2007 the registration fee for each
				pesticide product registered for calendar year 2007 by any manufacturer,
				registrant or distributor shall be $150. For products registered for calendar
				year 2008, the registration fee shall be $200. For products registered for
				calendar year 2009 and each additional year thereafter the fee shall be $250.
				Registrations shall expire December 31 of the year for which registered. This
				fee does not include the Abandoned Agricultural Pesticide Disposal Fee as
				required by Act 1130 of 2001.
REGULATION NO. 2. Pests Declared -
Each of the following forms of plant and animal life and
				viruses is declared to be a pest when it exists under circumstances that make
				it deleterious to man or the environment:
(1) Vertebrate animals (other than man),
			 including but not limited to mammals, birds, fish, amphibians, and
			 reptiles.
(2) Invertebrate animals
			 (other than internal parasites of living man or other living animals),
			 including but not limited to insects and other arthropods, nematodes, and
			 mollusks such as slugs and snails.
(3) Plants growing where not wanted,
			 including mosses, liverworts, and all plants of higher orders, and plant parts
			 such as roots.
(4) Microorganisms
			 (other than those on or in living man or other living animals, and those on or
			 in processed food, beverages, pharmaceuticals including cosmetics), including
			 but not limited to algae, fungi. and bacteria.
(5) Viruses (other than those on or in living
			 man or other animals and those on or in food, beverages, and pharmaceuticals
			 including cosmetics).