§460J-24.5 Nonchemical pest control devices efficacy and safety data; examination and testing; approval prior to sale, lease, or transfer of devices in the State. (a) All manufacturers or their representatives intending to sell, lease, or provide through other means a nonchemical pest control device in the State shall submit efficacy and safety data prior to sale, lease, or transfer to the department of agriculture; provided such requirement for submission of efficacy and safety data may include the furnishing of specimen devices or samples. The department of agriculture or its designated representative shall conduct such examination and testing as may be necessary to ascertain the reliability, efficacy and safety data and actual or potential adverse effects upon human health and safety of such device. The costs of conducting such test shall be borne by the manufacturer or the manufacturer's representative. The department of agriculture shall adopt and enforce rules pursuant to chapter 91 to carry out this section.
(b) Any person including a wholesaler, retailer, or pest control operator who sells, leases, or provides through other means a device which has not been approved as provided in subsection (a) shall be subject to penalty as provided in section 460J-27. [L 1978, c 31, §2; am L 1993, c 74, §10]