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)
Universal Citation: AR Admin Rules 209.02.17-004
Current through Register Vol. 49, No. 9, September, 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).
REGULATION NO. 3. Devices Specified; Provisions Applicable -
A device shall be construed to be 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, viruses, or other microorganisms on or in living man or other living animals), but not including equipment used for the application of pesticides when sold separately therefrom. Devices shall be subject to the misbranding provisions of Section 2-16-410(1), (2) and (3) of this Act.
REGULATION NO. 4. Coloration and Discoloration -
The requirements for coloration and discoloration of pesticides shall be those as set forth in the regulations adopted by EPA pursuant to Section 25(c)(5) of FIFRA.
REGULATION NO.5. Labeling-
Labeling requirements for pesticides shall be those as set forth in Section 162.10 of the Regulations adopted under FIFRA.
REGULATION NO. 6. Pesticides Highly Toxic to Man -
The determination of pesticides highly toxic to man shall be those in accord with the regulations promulgated by EPA pursuant to Section 25(c)(2) of FIFRA.
REGULATION NO 7. Notice of Requirement for Additional Research and for Restricting Products Beyond EPA Approval.
The Plant Board will notify applicants for registration in writing if any additional research, evidence or information will be required, and specifically what information will be necessary in order to receive state approval. The notice may also inform the applicant that once the requested information is reviewed, further information or research may be requested based upon pertinent science.
The Board considers the environment in Arkansas to be unique, therefore there will be a higher consideration given to research that is specific to Arkansas. Research conducted by scientists from universities within the state will be the primary source of expertise to allow the Board to determine if the data is scientifically sound and relevant to growing and cropping conditions in the state of Arkansas. While this expertise shall be used as guidance when considering a product for registration or restricted use, the Board may consider other research sources and is not bound by the advice or findings of any one individual or entity, and any final determination regarding registration rests within the discretion of the Board.
Prior to issuing regulations that restrict the use of a product beyond what has been approved by the Environmental Protection Agency, the State Plant Board shall provide notice to the product registrant, in writing, of what pertinent research findings and recommendations of other agencies of this state, the federal government, or other reliable source that the board considered in reaching their decision in accordance with A.C.A. 20-20-206.
In the event the Board finds any research presented in connection with the restricted use of a product to be insufficient, the Board shall also state in writing why such a finding was made and also provide written justification behind the board's decision to further restrict the use of the product. The Board shall provide this notice to the product registrant at the first available opportunity but no later than 45 days after the initial review by registration staff of the written application for registration.
Within 14 days of receiving a notification of restricted use, the product registrant shall notify the Board, in writing, if they wish to dispute the decision of the Board and state the specific reasons for the dispute and as necessary submit additional research findings and recommendations for the board's consideration. Plant Board staff will then decide whether the registrant has provided sufficient additional information, evidence or research to change the proposed restricted use. As previously stated in this rule, the Board will present its findings in writing.
Further, for products that have received federal approval from the Environmental Protection Agency and are currently registered and being used in the state, the Plant Board must provide written notice to the product registrant before placing further restrictions on the product. The Plant Board must state in writing the reasoning and justification behind the board's decision to place additional restrictions on the use of the product and what actions the product registrant may take to prevent the additional use restrictions, if applicable.
Disclaimer: These regulations may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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