Rules.

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§149A-33 Rules. The department shall have the authority to carry out and effectuate the purpose of this chapter by rules, including but not limited to the following:

(1) To establish fees, procedures, conditions, and standards to certify persons for the use of restricted use pesticides under section 4 of FIFRA;

(2) To establish limitations and conditions for the application of pesticides by aircraft, power rigs, mist blowers, and other equipment;

(3) To establish, as necessary, specific standards and guidelines which specify those conditions which constitute unreasonable adverse effects on the environment;

(4) To establish, as necessary, record keeping requirements for pesticide use by applicators; and

(5) To establish, as necessary, procedures for the issuance of guidelines to specify those conditions that constitute use of a pesticide in a manner inconsistent with its label. [L 1972, c 58, pt of §1; am L 1975, c 126, pt of §1; am L 1979, c 88, §2; am L 1987, c 310, §17]

Case Notes

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


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