22-3420. PROHIBITED ACTS. No person shall:

(1) Use a pesticide in a manner inconsistent with its labeling except as provided for by rule.

(2) Make pesticide recommendations in a manner inconsistent with its labeling except as provided for by rule.

(3) Make false or misleading claims through any media relating to the effect of pesticides or application methods to be utilized.

(4) Operate a faulty or unsafe pesticide spray apparatus, aircraft, or other application device or equipment.

(5) Operate a faulty or unsafe chemigation system.

(6) Apply ineffective or improper pesticides.

(7) Make false, misleading or fraudulent records, reports or application forms required by the provisions of this act.

(8) Apply pesticides in a faulty, careless, or negligent manner.

(9) Refuse or neglect to keep and maintain records required by the provisions of this act, or to make reports when and as often as required.

(10) Distribute, sell or offer for sale any pesticide or device which is misbranded.

(11) Formulate, distribute, sell or offer for sale any pesticide which is adulterated.

(12) Distribute, sell or offer for sale any pesticide except in the manufacturer’s original unbroken container.

(13) Refuse or neglect to comply with any limitations or restrictions placed on a license or permit issued under the provisions of this act.

(14) Refuse or neglect to comply with any other provisions of this act or rule, or any lawful order of the director.

(15) Aid or abet a licensed or an unlicensed person to evade the provisions of this act, conspire with such licensed or an unlicensed person to evade the provisions of this act, or allow one’s license or permit to be used by another person.

(16) Make false or misleading statements during or after an inspection concerning any infestation or infection of pests found on land.

(17) Impersonate any federal, state, county or city inspector or official.

(18) Use or supervise the use of any restricted-use pesticide, or any state restricted-use pesticide without having complied with the licensing requirements pursuant to this act, and such other restrictions as had been determined by the director as necessary to prevent unreasonable adverse effects on the environment, including injury to the applicator, persons, or land, provided, that a person who is not a certified applicator but an employee of a licensed private applicator may use a restricted-use pesticide or a state restricted-use pesticide under the direct supervision of the licensed private applicator unless otherwise prescribed by the labeling of the pesticide.

(19) Use or supervise the use of a chemical in a chemigation system without having complied with the licensing requirements pursuant to this act and rules, and such other restrictions as have been determined by the director. A person who is not a certified applicator but an employee of a licensed private applicator may use chemicals under the direct supervision of a licensed private applicator unless otherwise prescribed by the labeling of the chemical.

(20) Chemigate without installing the proper chemigation equipment to protect against surface or ground water contamination.

(21) Fail to abide by the conditions of a stop sale, use or removal order, or chemigation stop work order.

(22) Offer for sale, hold for sale, sell, barter, ship, deliver for shipment, or receive and, having so received, deliver or offer to deliver, chemicals for chemigation to an unlicensed person.

History:

[22-3420, added 1976, ch. 190, sec. 2, p. 702; am. 1993, ch. 54, sec. 5, p. 149; am. 1996, ch. 22, sec. 13, p. 55; am. 1999, ch. 69, sec. 13, p. 189.]