§149A-19 Determination; rules; uniformity. (a) The board, after having afforded interested and affected parties an opportunity to be heard and, in instances in which human health is affected, after consultation with the director of health, shall adopt rules to:

(1) Determine the pesticides that are highly toxic to humans, designate pesticides as restricted use or nonrestricted use, and establish a system of control over the distribution and use of certain pesticides and devices purchased by the consuming public;

(2) Determine standards of coloring for pesticides, and subject pesticides to the requirements of section 149A-16;

(3) Establish procedures, conditions, and fees for the issuance of licenses for sale of restricted use pesticides;

(4) Establish fees for the licensing of pesticides within the limitations of section 149A-13(b);

(5) Establish procedures for the licensing of pesticides;

(6) Establish procedures for the registration of pesticides under provisions of section 24(c), FIFRA;

(7) Establish procedures for the disposal of pesticides; and

(8) Establish procedures to issue experimental use permits under provisions of section 5 of FIFRA.

(b) The board, after public hearing, shall make and adopt appropriate rules for carrying out this chapter, including rules providing for the collection and examination of samples of pesticides or devices.

(c) The board, after public hearing, shall adopt rules applicable to and in conformity with the primary standards established by this chapter or as prescribed by FIFRA with respect to pesticides. [L 1972, c 58, pt of §1; am L 1975, c 126, pt of §1; am L 1981, c 33, §4; am L 1987, c 310, §11; gen ch 1993; am L 2000, c 154, §4]

Case Notes

Discussed: 842 F.3d 669 (2016).