ANALYZING
PESTICIDE LEGISLATION
DIGEST OF
STATE
PESTICIDE USE AND APPLICATION
LAWS
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Pesticide Programs
OPERATIONS DIVISION
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ORff»-«;e*UIICAL
G U I TIP FOR ANALYZING
PESTICIDE LEGISLATION
D I GEST OF
STATE
PESTICIDE USE AND APPLICATION
LAWS
ENVIRONMENTAL PROTECTION AGENCY
Office of Pesticides Programs
Operations Division
4770 Buford Highway
Chamblee, Georgia 30341
.Vr-1^ 1973
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CONTENTS
STATE
Alabama 1
Alaska 2
Arizona 3
Arkansas 4
California 5
Colorado 6
Connecticut 7
Delaware 8
Florida 9
Georgia 10
Hawaii 11
Idaho 12
Illinois 13
Indiana 14
Iowa 15
Kansas 16
Kentucky 17
Louisiana 18
Maine 19
Maryland 20
Massachusetts 21
Michigan 22
Minnesota 23
Mississippi 24
Missouri 25
Montana 26
Nebraska 27
STATE
Nevada
New Hampshire ...
New Jersey
28
29
30
New Mexico 31
New York 32
North Carolina 33
North Dakota 34
Ohio 35
Oklahoma 36
Oregon 37
Pennsylvania 38
Rhode Island 39
South Carolina 40
South Dakota 41
Tennessee 42
Texas 43
Utah 44
Vermont 45
Virginia 46
Washington 47
West Virginia 48
Wisconsin 49
Wyoming 50
Puerto Rico 51
Virgin Islands 52
American Samoa 53
Guam 54
Summary 55
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INTRODUCTION
This publication represents an updating of the Digest published in May 1971 and has been
prepared in the same format as the previous compilation; it is current through all State
legislative sessions of calendar year 1972. The year shown in the citation is generally
the year the reference volume was copyrighted.
The material included herein was submitted to the respective States for review and comment
prior to publication, and the response was most gratifying. Much credit is due these
State officials and the Association of American Pesticide Control Officials for their
useful and constructive comments.
Because some arbitrary definitions must be established, the pesticide control laws have
been divided into two groups as follows:
A. Use and application laws
[Structural Pest Control Laws, which logically fall in this category, have not
been digested.]
Those laws which:
1. require examination and licensing of persons who engage in the business of
applying pesticides,
2. regulate persons in professions concerned with the use or application of
pesticides; e.g., entomologists, plant pathologists, horticulturists, tree
surgeons, weed control specialists, etc., and
3. prohibit or restrict use of certain pesticides; require the purchaser to
obtain a "permit" before purchasing, possessing, or using certain restricted
pesticides; and require dealers in restricted pesticides to be licensed.
B. Registration laws
Those which regulate the production and marketing of pesticides by requiring
compliance with registration and labeling criteria prior to interstate or intra-
state shipment. These are often referred to as "economic poison laws" or
"insecticide, fungicide, and rodenticide acts."
More recently, sections on "restricted use pesticides" have been incorporated
into these laws, but these same sections may also be found in use and applica-
tion laws of other States; it is a matter of choice with each State.
Following the adoption of the Federal Insecticide, Fungicide, and Rodenticide
Act in 1947, many States enacted essentially the same legislation requiring
registration and labeling of economic poisons as a prerequisite to their lawful
introduction and shipment in commerce. As a result, all States now have pesti-
cide regulation laws, and a comparative digest shows little difference in this
type of legislation between the States. Of the various categories of use and
application laws, probably the structural pest control laws (not included in
this Digest) are the most uniform, and those which relate to the use and appli-
cation of agricultural pesticides, the least uniform. Unfortunately, many States
did not follow the "model" use and application act prepared by the Association of
-------
American Pesticide Control Officials and published as suggested State legislation
by the Council of State governments in 1951. A redraft of this model act was
published in the 1971 edition of suggested State legislation and provides
broadened authority to cope with current needs in regulating the use of pesti-
cides.
While this publication presents a digest of those State laws which relate pri-
marily (but not exclusively) to the use and application of pesticides in agricul-
ture, it should be recognized that some States have enacted laws in sufficiently
broad language to regulate most, or all, uses of pesticides but have chosen, in
keeping with legislative intent, to apply such acts only to one field of usage.
A standard format is used for each digest of the applicable law in order to
achieve uniformity and permit comparison. Laws are sometimes drafted to include
a "short title," but in the absence of an official title, the codifier generally
provides a descriptive title when incorporating the law into the State code. In
this guide the statutory titles are enclosed in quotation marks. Descriptive
titles are taken from the State code (or supplied if necessary).
State pesticide laws governing tolerances for pesticide residues in or on raw
agricultural commodities are not included in this Digest, since those States
which have such provisions generally follow Sec. 408 of the Federal Food, Drug,
and Cosmetic Act (Miller Amendment).
It should be kept in mind that a large part of pesticide control is accomplished
by regulations issued under authority of the appropriate law; e.g., the Michigan
custom applicators law states "... the director may promulgate rules to carry
out the provisions of this act . . .," and under this authority very specific
details are issued regulating the use and application of pesticides.
In order to make this publication of maximum use, it was finalized soon after the end of
the legislative sessions but before many of the laws were officially codified in the
appropriate State code and before the supplements were issued. Hence, there may be cases
where parts of a new law will be placed in sections other than the citations indicate.
Reference should be made to "Pesticide Legislative Notes," issued separately, which cite
the various laws by appropriate Chapter and Session Laws 1971 or 1972.
Emerson R. Baker, J.D.
Consultant
Operations Division
January 1973
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ALABAMA
Title
Prohibited acts
Exemp tions
Licensing
qualifications
application
examination
fees
Custom Application Of Pesticides
[Code of Ala., tit. 2, s 337(12a) to 337(12n) (Supp. 1971)]
Unlawful to:
(1) "... engage in the custom application of pesticides . . .
without first procuring an annual license from the Commissioner
[of Agriculture and Industries],
(2) ". . . discard, dispose of or otherwise handle any pesticide
or pesticide container ... [in a manner harmful to man, animals,
wildlife, environment, etc.] ..."
(1) application of pesticides to lawns, trees or shrubs,
(2) structural or household pest control activities,
(3) farmers on own land,
(4) municipalities, counties, state, federal, or local governmen-
tal bodies [but not work done for them by independent contractors].
Not specified in act.
On forms furnished by the Commissioner; giving specified statutory
information, including qualifications.
Written examination required. Applicant must possess "... ade-
quate knowledge concerning the proper use and application of
pesticides and the dangers involved . . . precautions to be taken
. . . and the knowledge and ability of the effective use of
pesticides ..."
examination fee
ground application license
aerial application license
one aircraft
more than one
both ground and aerial
application license
one aircraft
more than one
$10.00
50.00
50.00
10.00 (for each
additional aircraft but
not to exceed $100.00)
50.00
10.00 (for each
additional aircraft but
not to exceed $100.00)
1972
la
Alabama
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issuance
nonresidents
Financial
responsibility
Authority granted to;
issue regulations
enforce the act
delegate duties
restrict usage
inspect property
require records
cooperate with
others
publish
information
conduct courses
regulate storage,
transportation,
or disposal of
pesticides
require
compliance
with label
license
equipment
subpoena persons
or records
report losses
investigate
damages
Annual license issued by Commissioner if applicant found qualified;
expires Dec. 31 'of year issued. Renewable Jan. 1 by payment of
annual license fee. Penalty of 10% added to delinquent renewals
(Feb. 15 or within 45 days of due date).
Reciprocity provided.
(1) Ground applicators or aerial applicators with not more than
two aircraft $3,000
(2) Aerial applicators with over two aircraft $3,000
(for each additional
aircraft but not to
exceed $12,000)
Surety bond or a liability insurance.policy required. May contain
a reasonable deductible clause, in an amount acceptable to the
Commissioner. Eligible surplus line insurers may be used.
Yes (with approval of the State Board of Agriculture and Industry).
Yes.
Yes.
Yes*.
Yes.
Yes.
Yes.
Not specified in act.
Not specified in act.
Yes.
Yes*.
Yes.
Not specified in act. [Necessary legal actions must be-referred
to Attorney General.]
Not specified in act.
Not specified in act.
*[see Sec. 3,(2),(F), "Alabama Pesticide Act of 1971".]
1972
Ib
Alabama
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require use
permits
license dealers
adopt list of
restricted
pesticides
Pesticide board
Yes*.
Yes*.
Yes.
"Pesticide Advisory Committee. (1) A pesticide advisory com-
mittee is hereby created and established to consist of twelve (12)
members to be appointed from and by certain agencies, departments,
institutions and organizations as hereinafter provided. The
pesticide advisory committee's membership, their term of service,
method of appointment, authority, duties and functions shall be as
follows: Two (2) members from the School of Agriculture and
Agricultural Experiment Station of Auburn University to be ap-
pointed by its Dean and Director; two (2) members from the
Cooperative Agricultural Extension Service of Auburn University
to be appointed by its Director; two (2) members in the employ
of the State Department of Agriculture and Industries to be ap-
pointed by its Commissioner; two (2) members in the employ of the
State Department of Public Health to be appointed by the State
Health Officer; two (2) members in the employ of the State Depart-
ment of Conservation to be appointed by its Director; and two (2)
members from the Alabama Pesticide Institute to be appointed by'
its Board of Directors. The term of service of the members of
said Committee shall be at the pleasure of the appointing
authority.
"The Chairman and Secretary of the Pesticide Advisory Committee
shall be elected annually from and by the Committee members and
each shall serve until their successors are elected.
"(2) Meetings. The Pesticide Advisory Committee shall meet at
the call of its chairman or upon a call of a majority of its
members. There shall be at least'two regular meetings of the
Committee during each calendar year to be held not less than five
(5) months apart, and call meetings may be held as the duties and
business of the Committee may require. In the absence of the
chairman, the Committee shall elect a temporary chairman.
"(3) Official Action. Official action of the Pesticide Advisory
Committee requires a majority vote of the members of the Committee
present and voting. Seven (7) members of the Committee shall
constitute a quorum which is the number necessary to transact
official business of the Committee.
"(A) Powers and Duties. The Pesticide Advisory Committee, with
respect to its field of work, shall have the powers and duties to
consider and study the entire field of pesticides; to review and
make recommendations to the Commissioner on any pesticide regis-
tration submitted to it by the Commissioner; to advise, counsel
and consult with the Commissioner upon his request in connection
with the promulgation, administration and enforcement of all laws,
rules, and regulations relating to pesticides; to consider all
matters submitted to it by the Commissioner, other members of the
committee or any person affected by the provisions and to offer
suggestions and make recommendations to the Commissioner on its
own initiative in regard to changes in the laws, rules and regu-
lations relating to pesticides, as may be deemed advisable for
the effective administration and enforcement of said laws and
*[see Sec. 3,(2),(F), "Alabama Pesticide Act of 1971".]
1972
Ic
Alabama
-------
Definitions
Penalties
Relevant laws
rules and regulations; to suggest or recommend, on its own
initiative, policies or practices for the administration and en-
forcement of this Act, which suggestions and recommendations the
Commissioner shall duly consider. To review registered pesticides
as to their safety and/or efficacy and make recommendations to the
Commissioner as to its findings and to make recommendations as to
which pesticides should be prohibited or restricted in use. The
Commissioner shall duly consider these recommendations as to the
registration cancellation and as to restricted use pesticides,
the decision so arrived at shall not be final until approved by
the State Board of Agriculture and Industries.
"(5) Records of Meetings. In conducting its meetings, the
Pesticide Advisory Committee shall use accepted rules of procedures
and the secretary shall keep a complete record of the proceedings
of each meeting of the committee, which proceedings shall show the
names of the members present at each meeting and the actions taken
at committee meetings. Such record of proceedings of the committee
shall be kept on file with the secretary and in the office of the
Commissioner which shall be open for public inspection."
1. active ingredient 19.
2. adulterated 20.
3. aircraft 21.
4. antidote 22.
5. bactericide 23.
6. board 24.
7. Commissioner 25i
8. contamination 26.
9. custom application of 27.
pesticides 28.
10. defoliant 29.
11. desiccant 30.
12. device 31.
13. fungi 32.
14. fungicide 33.
15. ground equipment 34.
16. herbicide 35.
17. inert ingredient 36.
18. ingredient statement 37.
insect
insecticide
label
labeling
licensed pesticide dealer
low volume
misbranded
nematocide
nematode
official sample
person
pesticide
pesticide use permit
plant regulator
registrant
restricted use pesticide
rodenticide
ultra low volume
weed
Violation of the act, or rules and regulations constitutes a mis-
demeanor subject to a fine of not less than $25.00 nor more than
$500.00 and, at the discretion of the court, imprisonment not to
exceed six months.
"Alabama Pesticide Act of 1971"
[Code of Ala., tit. 2, s 337(9a) to 337(9n) (Supp. 1971)]
["An Act to regulate the sale, offering for sale, distribution and
transportation of pesticides ... to provide that the sale,
offering for sale, distribution and transportation of certain
highly toxic pesticides may be restricted, limited in use or pro-
hibited; to require the annual registration of pesticides . . .
before such products are sold, offered for sale or delivered or
transported within this State; to require use permits for the
purchase and use of restricted use pesticides; to require a
special license for the sale or offering for sale of any restrict-
ed use pesticides; to create and establish a Pesticide Advisory
Committee to perform certain duties . . . and to provide for the
administration and enforcement of this Act by the Commissioner of
Agriculture and Industries with exemption provisions; authorizing
the adoption of rules and regulations ... to provide enforcement
1972
Id
Alabama
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and penalty provisions for violations of this Act, and to repeal
conflicting laws."]
Requirements for persons performing professional work or services
pertaining to entomology, pathology, horticulture, floriculture,
and tree surgery
[Code of Ala., tit. 2, s 671 to 677 (I960)]
Provides for the examination and licensing of persons in certain
professions, including structural pest control operators practic-
ing subterranean termite eradication or control. Specifically
exempts "... grafting, spraying, dusting cotton, or other similar
work ..."
Detection of Pesticide Residues
[Code of Ala., tit. 2, s 337(10) to 337(12) (I960)]
Provides for the establishment and operation of a laboratory to
detect and analyze pesticide residues on raw and processed agri-
cultural products, and for other purposes.
Food and Drug Law
[Code of Ala., tit. 2, s 303 £t seg_. (I960)]
1972 le Alabama
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ALASKA
Title
Prohibited acts
Exemptions
Licensing
qualifications
application
examination
fees
issuance
nonresidents
r
Financial
responsibility
Authority granted to:
issue regulations
enforce the act
delegate duties
restrict usage
inspect property
require records
cooperate with
others
publish
information
conduct courses
1972
Environmental Conservation (Pesticide Control)
[Alaska Stat.. s 46.03.320 et seq. (1971)1
[Note: This act is a comprehensive law relating to all phases
of environmental protection, including'regulation of pesticides.]
"No person may spray or apply, or cause to be sprayed or applied
dichloro-diphenyl-trichloro-ethane (DDT), dieldrin or other
pesticide or broadcast chemical in a manner which may cause
damage to or endanger the health, welfare or property of another
person, or in such a manner as to be likely to pollute the air,
soil or water of the state without prior authorization of the
department."
None.
"The department may provide by regulation for the licensing of
persons engaged in the custom, commercial or contract spraying
or application of pesticides and broadcast chemicals including
the requirement of a surety bond and liability insurance for
the licensee."
May be prescribed by regulations.
Yes.
Yes.
Yes.
Yes.
Yes.
Not specified in act (implied).
Yes.
Yes.
Not specified in act (implied).
2a
Alaska
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regulate storage,
transportation,
or disposal of
pesticides
require
compliance
with label
license
equipment
subpoena persons
or records
report losses
investigate
damages
require use
permits
license dealers
Pesticide board
Yes.
Not specified in act (implied).
Not specified in act (implied).
Yes.
Not specified in act.
Not specified in act.
Not specified in act (implied).
Not specified in act (implied).
None.
[Environmental Advisory Board]
"(a) There is created within the Department of Environmental
Conservation an environmental advisory board, consisting of the
commissioner of environmental conservation who shall serve as a
chairman and eight members appointed by the governor.
"(b) No member of the board other than the chairman may be an
officer or employee of a state department or agency.
"(c) Of the members of the board first appointed by the governor,
three shall be appointed for a term of one year; three for a term
of two years; and two for a term of three years. The initial
terms begin on July 1, 1971. Thereafter, all appointments shall
be made for terms of three years beginning on July 1 of the year
in which the appointment is made. Members of the board shall
serve at the pleasure of the governor. In the case of a vacancy
other than one arising by expiration of term an appointment to
fill the vacancy shall be made for the remainder of the unexpired
term.
Each member of the board
"EXPENSES -AND PER DIEM OF BOARD MEMBERS.
is entitled to ... expenses.
"FUNCTIONS OF BOARD. (a) The board shall
"(1) advise the commissioner of environmental conservation in
the review and appraisal of programs and activities of state de-
partments and agencies in light of the policy set out in
AS 46.03.010;
"(2) serve as a forum for the exchange of views, concerns,
ideas, information and recommendations relating to the quality of
the environment; and
1972
2b
Alaska
-------
"(3) recommend to the commissioner the persons who by virtue
of outstanding achievement in the field of environmental conserva-
tion merit a certificate of achievement from the commissioner of
environmental conservation.
"(b) The board shall exercise and perform such other functions as
may be requested by the commissioner."
Definitions 1. commissioner
2. department
3. broadcast chemicals
4. pesticides
[Twenty-two terms are defined, but the above four relate speci-
fically to pesticides.]
Penalties Violation of the act is a misdemeanor subject to a fine of not more
than $1,000.00 and cost of prosecution, or imprisonment for not
more than one year, or combination of fine, costs and imprisonment.
Relevant laws "Alaska Food, Drug, and Cosmetic Act"
[Alaska Stat., tit. 17, s 17.20.010 to 17.20.380 (1962)]
Section 17.20.030 concerns "tolerances for added poisonous in-
gredients" in or on food.
1972 2c Alaska
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ARIZONA
Title
Prohibited acts
Exemptions
Licensing
qualifications
application
examination
fees
issuance
nonresidents
Financial
responsibility
Authority granted to;
issue regulations
enforce the act
delegate duties
restrict usage
inspect property
"Arizona Pesticide Use and Application Act"
[A.R.S., tit. 3-371 to 3-390 (Supp. 1972)]
[Title of act omitted by codifiers as unnecessary.]
Unlawful . . .
(1) to engage in the custom application of pesticides without a
license from the Board of Pesticide Control;
(2) for growers to purchase, dispense, or use pesticides without
a permit from the Board; and
(3) for sellers to sell, dispense, or deliver pesticides without
a permit.
Structural pest control operators; airplane pilots on a temporary
basis during emergencies; persons changing atmospheric conditions;
application of fertilizers or seeds; governmental bodies; weed
control on railways, highways, canals, or utility easements;
treatment of fabrics; and sanitation services.
Must satisfy Board as to character, qualifications, responsibility,
and good faith.
On form provided by Board (details established by regulation).
Applicant to appear before Board and be examined.
Application fee $25; annual renewal fee $25; equipment license
$25; growers and sellers $10.
Calendar year license issued by the Board, renewable annually
upon payment of fee, may be revoked for cause after a hearing.
No provision for reciprocity.
Not less than $25,000 for property damage, public liability, and
drift insurance, each separately.
Yes (to the Board).
Yes (to the Board).
Yes.
Yes.
Yes.
1972
3a
Arizona
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require records
Yes - monthly report required from operators.
cooperate with
others
publish
information
Not specified in act, but it is possible under Arizona Joint
Exercise of Powers Act [A.R.S. 11-951 to 11-954 (Effective
3-18-68)].
Yes.
conduct courses
regulate storage,
transportation,
or disposal of
pesticides
require
compliance
with label
license
equipment
subpoena persons
or records
report losses
investigate
damages
adopt list of
restricted
pesticides
Pesticide board
Definitions
Penalties
Relevant laws
Not specified in act.
Unlawful to store, dump, or leave unattended pesticides or pesti-
cide containers in any manner presenting a hazard to persons,
animals, or crops.
Yes.
Yes.
Yes.
May be filed within 60 days from time loss became known, or prior
to the time 50% of the crop shall have been harvested.
Board may hold hearings.
Yes.
Composed of the Chairman of the Commission of Agriculture and
Horticulture (as Chairman of the Board) and 8 members appointed
by the Governor, and additionally an Advisory Committee of 13
members from private industry appointed by the Governor to advise
and assist the Board of Pesticide Control.
1. aircraft
2. applicator
3. board
4. custom application
5. defoliating
6. ground equipment
7. grower
8. insect
9. license
10. livestock
11. operator
12. person
13. permit
14. pest control
15. pesticide
16. range
17. range livestock
18. regulate use
19. restricted area
20. rodent
21. seller of pesticides
22. weed
Violation constitutes a misdemeanor subject to a fine or not less
than $100, nor more than $1,000, or imprisonment of not over 90
days, or both fine and imprisonment.
"Arizona Pesticides Act" (Economic poison law)
[A.R.S., tit. 3-341 to 3-357 (1956)]
[Title of law omitted by codifiers as unnecessary.]
1972
3b
Arizona
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Structural Pest Control
[A.R.S., tit. 32-2301 to 32-2325 (Supp. 1972)]
Administered by a structural pest control board.
1972 3c Arizona
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ARKANSAS
Title
Prohibited acts
Exemptions
Licensing
qualifications
application
examination
fees
issuance
nonresidents
Financial
responsibility
Authority granted to:
issue regulations
enforce the act
delegate duties
restrict usage
inspect property
require records
cooperate with
others
publish
information
Arkansas Agricultural Application Service Act
[Ark. Stat. Ann., s 77-214 to 77-226 (1957)]
Unlawful to "engage for hire in the operation of an agricultural
application service . . . unless [licensed by the State Plant
Board] ..."
Persons applying economic poisons to their own land, or occasional
nonbusiness application to the land of others, farmers trading
work, and governmental bodies.
Not specified in act.
"... in the form prescribed by the board."
None.
Application fee not to exceed $50 ($25 fee established by regula-
tion); equipment license fee $10 each.
Issued after review of application and proof of financial respon-
sibility; licenses expire December 31 and may be renewed upon
payment of same fee as required for initial application. Board
may refuse to issue or may cancel licenses for certain listed
statutory provisions.
Must designate a resident agent to accept service of legal process
and establish and maintain proof of financial responsibility.
Not less than $2,500 nor more than $10,000. Regulations require:
$5,000 for aerial applicators; $2,500 for ground applicators.
Yes.
Yes.
Yes.
Not specified in act.
Not specified in act.
Yes.
Not specified in act.
Not specified in act.
1972
4a
Arkansas
-------
conduct courses
regulate storage,
transportation,
or disposal of
pesticides
require
complianc'e
with label
license
equipment
subpoena persons
or records
report losses
investigate
damages
Pesticide board
Definitions
Penalties
Relevant laws
Not specified in act.
Not specified in act.
Not specified in act.
Yes.
Not specified in act.
Not specified in act.
Not specified in act.
State Plant Board administers this act and several other agri-
culturally oriented laws.
1. person
2. agricultural application service
3. inspector
4. license
5. board
Violation of the law or regulations is a misdemeanor subject to
a fine of not less than $100, nor more than $1,000.
"Arkansas Pest Control Law"
[Ark. Stat. Ann., s 77-1801 to 77-1811 (1957)]
Regulates tree surgery, spraying fruit trees, spraying shade trees
and shrubs, termite and other structural pest control, household
pest and rodent control, fumigation, pecan pests, and treatment
of rugs, carpeting, and upholstery material for fabric pests.
Excludes most agricultural crop treatment from planting to harvest.
Economic Poison Act
[Ark. Stat. Ann., s 77-201 to 77-213 (1957)]
Under Section 211 of this Act, special restrictive regulations
have been written regarding the use and application of hormone-
type herbicides. Use of a dust is prohibited except with hand
equipment on lawns. Use of certain herbicides may be prohibited
or permitted only under methods and conditions authorized by the
Board.
"Arkansas Food, Drug, and Cosmetic Act"
[Ark. Stat. Ann., s 82-1101 to 82-1123 (I960)]
Section 82-1113, Poisonous or Deleterious Substances, permits
establishment of tolerances.
1972
4b
Arkansas
-------
CALIFORNIA
Title
Prohibited acts
Exemptions
Licensing
qualifications
application
examination
California Agricultural Code
[Cal. Agric. Code, s 11401 to 12121 (Supp. 1973)]
Pest control operations including:
a. agricultural pest control license (applicator)
b. aircraft operation regulation
c. agricultural pest control adviser
d. pesticide dealers
Unlawful...
(1) to engage for hire in the business of pest control without
an agricultural pest control license,
(2) to act or offer to act as an agricultural pest control ad-
viser without first having secured ... [a license] from the
Director,
(3) to act or offer to act as an agricultural pest control ad-
viser without first registering with the county agricultural
commissioner of that county,
(4) for any pest control adviser to make recommendations in a
category for which he is not certified,
(5) to act or offer to act as a pesticide dealer unless licensed
by the Director.
(1) structural pest control operations,
(2) treatment of fabrics or structural materials,
(3) household and industrial sanitation services,
(4) seed treatment (unless principal business),
(5) tree surgery (these exemptions are regulated under various
other statutes), and
(6) federal, state, county and University of California personnel
engaged in official duties relating to agriculture.
Applicant must furnish information to satisfy Director
-------
fees
issuance
categories
nonresidents
Financial
responsibility
Authority granted to:
issue regulations
enforce the act
delegate duties
restrict usage
inspect property
require records
cooperate with
others
publish
information
conduct courses
regulate storage,
transportation,
or disposal of
pesticides
require
compliance
with label
license
equipment
Agricultural pest control (applicator) $50; dealer $50 (each
branch sales location $20); pilot $25 (renewal $15); agricultural
pest control adviser $25.
/'':/
License issued by Director of Agriculture expires December '31.
Renewable annually (prior to January 1 without penalty) by appli-
cation; may be cancelled for cause after a hearing.
Agricultural pest control adviser
a. control of insects, mites and other invertebrates
b. control of plant pathogens
c. control of nematodes
d. control of vertebrate pests
e. control of weeds
f. defoliation
g. plant growth regulation
No provision for reciprocity.
Prescribed by regulation of the Director. Aircraft operations
only$25,000 bond or insurance required after judgment rendered
in court against pilot applicator.
Director of Agriculture (state level) and Commissioner (county
level) may issue regulations after hearings.
Director may suspend license after hearing and report violations
to District Attorney for prosecution.
Yes.
The Director has broad authority to regulate the use or applica-
tion of pesticides. Permits are required for sale and use of
restricted material. The Director "... shall designate and
establish ... a list of restricted materials ..."
May inspect prior to use of "permit" material, or on report of
injury.
Yes (including "restricted materials").
Yes. Director required to cooperate with interested agencies re-
garding environmental impact and on registration matters.
Publish use information. Director must report to Legislature on
control of environmentally harmful materials.
Not specified in act (implied).
Yes.
Yes; deviations from label directions may be authorized by Director
or agricultural commissioner.
Not specified in act.
1972
5b
California
-------
subpoena persons
or records
report losses
investigate
damages
require use
permits
license dealers
adopt list of
restricted
pesticides
Pesticide board
Definitions
Penalties
Relevant laws
Not specified in act.
Report of damage from pesticides shall be filed with County Agri-
cultural Commissioner in the county where loss occurred.
Not specified in act (implied).
Yes.
Yes.
Yes.
[Agricultural Pest Control Advisory Committee]
"There is in the department an Agricultural Pest Control Advisory
Committee consisting of 11 members. The committee shall be
appointed by the Director and shall be composed of two pest
control research specialists and one agricultural extension
service specialist nominated by the Regents of the University of
California, and eight additional members, one each representing
the following: the California State Colleges, agricultural pest
control advisers, licensed pest control operators, the State
Department of Public Health, the Department of Fish and Game,
producers as defined in Section 56110, the agricultural chemical
industry, and the department.
"The term of office of the members of the committee is three years.
Appointment of the first members shall be made so that the terms
of office of three members shall expire at the end of one year,
four at the end of two years, and four at the end of three years.
Thereafter, appointment shall be for full three-year terms. Va-
cancies shall be filled for an unexpired term.
"The committee shall be advisory to the Director on all matters
concerning the education, examination, and qualifications of
agricultural pest control advisers, and shall meet on the call
of the Director."
1. agricultural pest control
adviser
2. agricultural use
3. Commissioner
4. environment
5. judgment
6. license
7. operator
8. pest control
9. pest control operation
10. pesticide
11. pesticide dealer
12. registrant
13. recommendation
(Other definitions included by reference to various sections of
the Agricultural Code.)
Violation of the Agricultural Code is a misdemeanor, subject to a
fine of $500 or 6 months in jail, or both fine and imprisonment.
Restricted Materials Law (2,4-D, 1080, thallium, etc.)
[West's Ann. Agric. Code, s 14001 to 14098 (1967)]
Permits the Director to declare and regulate use of "restricted"
pesticides.
1972
5c
California
-------
Produce Carrying Spray Residue (tolerances)
[West's Ann. Agric. Code, s 12501 to 12671 (1967)]
Economic Poisons
[West's Ann. Agrlc. Code, s 12751 to 12994 (1967)]
"California Hazardous Substances Act"
[West's Ann. Health & Safety Code, s 27740 to 28792 (1967)]
Pesticide Poisoning
[West's Ann. Health & Safety Code, s 2950 (1970)]
Requires physicians to report pesticide poisoning cases to Health
and Agricultural Departments. Director of Public Health may be
required to assist in conducting epidemiologic investigations re-
garding outbreak in pesticide poisoning incidents.
Structural Pest Control Act
[West's Ann. Bus. & Prof. Code, s 8500 to 8697.6 (1964)]
Division of Industrial Safety
[West's Ann. Labor Code, s 6500 et seq. (1955)]
May issue safety orders which affect the use of pesticides with
respect to working conditions.
1972 5d California
-------
COLORADO
Title
Prohibited acts
Exemptions
Licensing
qualifications
application
examination
fees
issuance
nonresidents
Financial
responsibility
Authority granted to;
issue regulations
enforce the act
delegate duties
restrict usage
inspect property
require records
cooperate with
others
"Commercial Pesticide Applicator's Act"
[Colo. Rev. Stat., s 6-14-1 to 6-14-22 (1967)]
Unlawful to apply pesticides for hire unless licensed by the
Commissioner of Agriculture.
Persons applying pesticides on their own or controlled property,
occasional applicators working on adjacent property, applicators
of fertilizer and soil conditioners.
Qualifying experience, gained within 3 years immediately preceding
application.
No specific form required.
Oral and written examination required.
Application fee $25; annual license fee $25; annual equipment
registration fee for first 10 units, $10 each; for over 10 units,
$5 each.
Calendar year license issued by Commissioner to qualified appli-
cants; license may restrict individuals to certain types of equip-
ment or materials. Renewable prior to December 31, reexamination
required. License may be revoked for cause, with opportunity for
a hearing.
Required to have or to designate a resident agent to accept ser-
vice of legal process. Reciprocity not recognized.
Personal injury $25,000/$50,000; property damage $5,000.
(Certain of these authorities and definitions are contained in
"The Pesticide Act.")
Yes.
Yes.
Yes.
Yes. The Department may adopt a list of restricted use pesticides.
Yes.
Yes.
Yes.
1972
6a
Colorado
-------
publish
information
conduct courses
regulate storage,
transportation,
or disposal of
pesticides
require
compliance
with label
license
equipment
subpoena persons
or records
report losses
investigate
damages
require use
permits
require purchase
permits
license dealers
Pesticide board
Definitions
Penalties
Relevant laws
Yes.
Yes.
Yes.
Yes.
Yes.
Not specified in act.
Yes.
Not specified in act.
Yes.
Yes.
Yes.
None. [The Act provides for an advisory committee,- including
agricultural and ornamental licensed applicators.]
insect
insecticide
licensee
nematode
nematocide
ornamental applicator
ornamental pest
person
pesticide
pesticide dealer
plant regulator
qualified applicator
restricted use pesticide
stop work order
structural pest control
weed
Violation constitutes a nuisance subject to abatement by injunc-
tion; conviction subjects violator to fine of from $100 to $1,000
depending upon section violated and whether a first or subsequent
offense.
"The Pesticide Act" (Economic poison law) .
[Colo. Rev. Stat., s 6-12-1 to 6-12-16 (1963)]
Amended and updated effective January 1, 1972; see Senate Bill
No. 172, Regular Session, 1971.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
advertise
agent
agricultural applicator
agricultural pest
applicant
applicator
commercial applicator
commission
commissioner
defoliant
department
desiccarit
equipment
fungi
fungicide
herbicide
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
1972
6b
Colorado
-------
"Structural Pest Control Act"
[Colo. Rev. Stat., s 6-18-1 to 6-18-19 (Supp. 1971)]
Provides that persons who engage in structural pest control shall
be qualified, examined, and licensed by the Commissioner of Agri-
culture.
"Colorado Food and Drug Act"
[Colo. Rev. Stat., s 66-20-1 £t_ se^. (1963)]
Adopts by reference certain provisions of pertinent Federal laws.
1972 6c Colorado
-------
CONNECTICUT
Title
Prohibited acts
Exemptions
Licensing
qualifications
application
examination
fees
issuance
nonresidents
Financial
responsibility
Authority granted to:
issue regulations
enforce the act
delegate duties
inspect property
require records
cooperate with
others
publish
information
conduct courses
Custom application of pesticides
[Gen. Stat. Conn., s 19-300 (k) to (s) (Supp. 1971)]
Unlawful to engage in custom ground application of pesticides or to
apply pesticides or fertilizers by aircraft unless licensed by the
Commissioner of Environmental Protection.
Tree experts (covered elsewhere); farm operator on land within a
radius of 7 miles of any point from his farm.
Not specified in act.
To contain "Such information regarding the applicants' qualifica-
tions and other relevant matters as the commissioner may require."
"Upon examination applicant must show that he possesses adequate
knowledge."
Application for examination $10; renewal of license $4.
Commissioner shall issue the license when applicant is found to be
qualified; license renewable annually. License may restrict appli-
cant to certain types of equipment or kinds of pesticides.
Reciprocity provided for in act.
Ground applicators - none specified in act. Aerial applicators -
provided by regulations: public liability $100,000/$300,000,
property damage $25,000.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Not specified in act.
1972
7a
Connecticut
-------
regulate storage,
transportation,
or disposal of
pesticides
require
compliance
with label
license
equipment
subpoena persons
or records
report losses
investigate
damages
adopt list of
restricted
pesticides
Pesticide board
Definitions
Penalties
Relevant laws
Yes.
Not specified in act (implied).
Not specified in act (implied).
Not specified in act (implied).
Not specified in act (implied).
Not specified in act (implied),
Yes.
None.
1. Commissioner
2. custom application of
pesticides
3. desiccant
4. defoliant
5. fungus
6. ground equipment
7. insect
8. pesticide
9. plant regulator
10. rodent
11. weed
Violation of act or regulations subject to fine of not more than
$200 (except unlicensed aircraft operators subject to a fine of
not more than $1,000). Conviction of two or more violations in
a period of 2 years shall require forfeiture of license, and
renewal thereafter shall require "good and sufficient" bond.
[Gen. Stat. Conn., s 19-300 (t) (1958)]
Regulates the sale, use or possession of sodium fluoroacetate.
[Gen. Stat. Conn., s 19-300 (u) (1958)]
Requires permit for use of pesticides in State waters.
Pesticide Control (Economic poison law)
[Gen. Stat. Conn., s 19-300 (a) to 19-300 (j) (1958)]
"Connecticut Food, Drug and Cosmetic Act"
[Gen. Stat. Conn., s 19-211 to 19-239 (1958)]
Section 19-224 relates (in part) to pesticide chemicals and accepts
tolerances established by Federal regulations.
Tree Expert Law
[Gen. Stat. Conn., s 23-61 et seq. (1958)]
Requires licensing of persons who contract to improve the condi-
tions of trees (including spraying to control insects or diseases).
1972
7b
Connecticut
-------
DELAWARE
Title
Prohibited acts*
Licensing
qualifications
application
examination
fees
issuance
nonresidents
Financial
responsibility
Authority granted to;
issue regulations
enforce the act
delegate duties
*Portions of the act
digest.
Chapter 12. Pesticides
[Delaware Code, tit. 3, s 1201 to 1219 (1971)]
Unlawful to:
(1) purchase or use a restricted pesticide except in accordance
with a permit granted by the Secretary of the Department of
Agriculture,
(2) sell or offer to sell to a person not possessing a valid
purchase and use permit,
(3) dispose of restricted pesticides except in accordance with
State regulations.
"Permits" required to purchase or use a restricted pesticide. "No
applicator's permits will be issued unless the permit holder
operates under an authorized consultant or has demonstrated
expertise in the proper use of the pesticide for which the permit
is issued."
Not specified in act.
On forms provided by the Secretary.
Not specified in act.
Established by regulation but may not exceed $15.for each permit.
Permit may specify "... the area1, time, amount or rate of appli-
cation or such other conditions of use as ... necessary ..."
Structural pesticide applicator permits shall be issued on an
annual basis. Permits may be cancelled for violation of the act
or if an emergency creates a clear and present danger to the
overall public interest and welfare from the uses authorized by
the permit... Administrative and judicial reviews provided for
adverse actions.
No provision for reciprocity.
None.
Yes.
Yes.
Yes.
which relate to "registration" of pesticides are not included in this
1972
8a
Delaware
-------
restrict usage
inspect property
require records
cooperate with
others
publish
information
conduct courses
regulate storage,
transportation,
or disposal of
pesticides
require
compliance
with label
license
equipment
subpoena persons
or records
report losses
investigate
damages
require use
permits
license dealers
require reports
of pesticide
poisoning
adopt list of
restricted
pesticides
Pesticide board
Yes.
Not specified in act. ,-»
Not specified in act (implied). [Under Dept. order No. 11,
paragraph VIII, shall maintain records of each sale on forms
provided by Department of Agriculture.]
Yes.
Not specified in act. [See 1209(c)]
1 , - - -.'"
Not specified in act.
Yes.! ''.'"''.'.''
Yes. ( ,
Not specified in act.
Not specified in act.
Not specified in act.
Not specified in act.
Yes.
Not specified in /act. [By regulation, permits required to sell
restricted use pesticides.]
Not specified in act.
Yes.
"(a) There is hereby created a Pesticide Advisory Committee, con-
sisting of three pesticide applicators residing in the State, one
qualified to operate ground equipment, one qualified to operate
aerial equipment and one qualified for structural pest control;
one entomologist in public service; one environmental health
specialist from the State Department of Health and Social Services;
one toxicologist in public service; one plant pathologist in public
service; one member from the agricultural chemical industry; one
member from the food processing industry; one producer of agri-
cultural crops or products on which pesticides are applied or
which may be affected by the application of pesticides; two repre-
sentatives of the Department of Natural Resources and Environmental
1972
8b
Delaware
-------
Definitions
Penalties
Relevant laws
Controlone who in his employment is responsible for the protec-
tion of environmental control, and one who in his employment is
responsible for fish and wildlife protection. Such members shall
be appointed by the Governor for terms of three years and may be
appointed for successive three year terms at the discretion of the
Governor. The Governor may remove any member of the Committee
prior to the expiration of his term of appointment for cause; . . .
"... (b) Upon the death, resignation, or removal for cause of
any member of the Committee, the Governor shall fill such vacancy.
"(c) The Committee shall advise the Department on any or all
problems relating.to the use and application of pesticides in the
State.
"(d) The Committee shall elect one of its members chairman. The
members of the Committee shall meet at such time and at such place
as shall be specified by the call of the Department, chairman, or
a majority of the Committee . . . ."
1. active ingredient 16.
2. adulterated 17.
3. antidote 18.
4. commercial pesticide 19.
applicator 20.
5. defoliant 21.
6. department 22.
7. desiccant 23.
8. device 24.
9. fungi 25.
10. fungicide 26.
11. herbicide 27.
12. inert ingredient 28.
13. ingredient statement 29.
14. insect
15. insecticide 30.
31.
labeling
misbranded
mite
miticide
nematode
nematocide
person
pesticides
plant regulator
registrant
restricted use pesticide
rodenticide
secretary
structural pesticide
applicator
user
weed
Violation of the act subject to a fine of not more than $5,000
for each offense. Provision made for a "stop sale, use or
removal" order as well as injunctive procedures.
Pest Control Compact
[Delaware Code, tit. 3, s 9001 to 9027 (1971)]
1972
8c
Delaware
-------
FLORIDA
Title
Prohibited acts
Relevant laws
"Florida Pesticide Law"
[Fla. Stat. Ann., s 487.011 to 487.114 (1965)]
This is a uniform State registration law which was amended in 1970
to restrict the use of certain pesticides. It authorizes the
Department of Agriculture to designate pesticides which should
be restricted in their sale and use.
Unlawful ...
(1) to sell "restricted pesticides" without a license.
(2) to purchase or possess "restricted pesticides" without a
permit, and
(3) to use or dispose of a restricted pesticide, except in a
manner authorized by the permit and according to label directions.
"Pest Control Act"
[Fla. Stat. Ann., s 482.001 to 482.25 (1965)]
Relates to control of pests in structures, lawns, ornamentals, and
other nonagricultural environments. Administered by the State
Board of Health.
"Florida Food, Drug, and Cosmetic Law"
[Fla. Stat. Ann., s 500.01 to 500.45 (1962)]
Sec. 500.13 . . . relates to pesticide chemicals in or on raw
agricultural commodities.
1972
Florida
-------
GEORGIA
Title
Prohibited acts
Exemptions
Licensing
qualifications
application
examination
fees
issuance
nonresidents
Financial
responsibility
Authority granted to;
issue regulations
enforce the act
delegate duties
restrict usage
inspect property
require records
cooperate with
others
publish
information
conduct courses
"Georgia Pesticide Use and Application Act"
[Ga. Code Ann., s 5-1501a to 5-1523a (Supp. 1972)]
Unlawful to engage in the business of applying pesticides to the
lands of another unless licensed by the Commissioner of Agriculture.
Farmers, public operators, and structural pest control operators
(regulated under the Structural Pest Control Act).
Must possess "adequate knowledge."
To be made in writing on form provided by the Commissioner.
Must cover certain specific areas to test applicant's abilities
and working knowledge of pesticide application.
Pesticide applicators license
Pesticide operators license
$15.00 each
$10.00 each
License granted when applicant found qualified. Renewable
January 1 of each year. If not renewed by March 1, Commissioner
may require reexamination.
Reciprocity provided.
Surety bond or liability insurance of not less than $10,000 for
property damage and public liability, each separately; with a
$1,000 deductible feature for aerial applicators, and $100
deductible for ground applicators.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
1972
lOa
Georgia
-------
regulate storage,
transportation,
or disposal of
pesticides
require
compliance
with label
license
equipment
subpoena persons
or records
report losses
investigate
damages
require use
permits
license dealers
require reports
of pesticide
poisoning
adopt'list of
restricted
pesticides
Pesticide board
Definitions
Penalties
Relevant laws
Yes.
Yes.
Not specified in act (implied).
. ' . i ' : :
Yes. .,;..:.
Yes. "''
Yes.
. . i
Yes. '
Not specified in act. ! -:
Not specified'in act.: -
Yes. '
"In the administration of this Act the Commissioner shall appoint
a Pesticide Advisory Board for the purpose of advising him on all
matters relating to pesticides, their use and.application ..."
1. defoliant :
2. desiccant
3. engage in business
4. equipment
5. fungi
6. fungicide
7. herbicide
8. insect
9. insecticide
10. land
11. nematocide
12. nematode
13. person-
14. -:pest
15. pesticide
16. pesticide applicator
17. pesticide operator
18. plant regulator
19. public operators
20. restricted use pesticide
21. rodenticide
22: snails or slugs' ' '
23. weed
24. wildlife l
Violation of the act or regulations issued under the act con-
stitutes a misdemeanor.
"Georgia Economic Poison Act"
[Ga. Code Ann., s 5-1502 to 5-1516 (1962)]
"Structural Pest Control Act"
[Ga. Code Ann., s 84-3401 to 84-3420 (1962)]
1972
lOb
Georgia
-------
HAWAII
Title
Prohibited acts*
"Hawaii Pesticides Law"
[Hawaii Rev. Laws, s 149A-1 to 149A-43 (Supp. 1972)]
Unlawful to:
"(1) Apply any pesticide in excess of dosage or inconsistent
with . . . its label ....
"(2) Apply any pesticide on any agricultural crop, livestock, or
residential, recreational, watershed, or any other area that
is prohibited or not specified on its label ....
"(3) Use, store, transport, or discard any pesticide or the con-
tainers ... in any manner which would have substantial
adverse effect on the environment;
"(4) Use or apply restricted pesticides unless . . . [by] a certi-
fied pesticide applicator ... or
"(5) Use or apply pesticides in any manner that has been banned
Exemptions*
. /
Licensing . ,
qualifications
application
examination
fees
issuance
nonresidents .
Financial
responsibility
Authority granted to:
issue regulations
enforce the act
*Portions of this law
digest.
"... may be granted by the chairman to the University of Hawaii
and other state and federal agencies for [certain] experimental or
research work . . . and experimental work conducted by private
agencies with adequate research facilities . . . must be in writ-
ing stating the specific exemptions and conditions."
"The Department shall have the authority to ... effectuate the
purpose of this part by rules and regulations, including . . .
procedures, conditions, and standards to certify [applicators]
, .No provision for reciprocity.
Npt specified in act.
Yes.
Yes.
relating to the "registration" of pesticides are not included in this
1972
lla
Hawaii
-------
delegate duties
restrict usage
inspect property
require records
cooperate with
others
publish
information
conduct courses
regulate storage,
transportation,
or disposal of
pesticides
require
compliance
with label
license
equipment
subpoena persons
or records
report losses
investigate
damages
license dealers
require reports
of pesticide
poisoning
adopt list of
restricted
pesticides
Pesticide board
Yes (Sec. 3, page 7).
Yes.
Yes.
No (requires record of sale but not record of use),
Yes.
Yes.
Yes.
Yes.
Yes.
Not specified in act (implied).
Not specified in act.
Not specified in act.
Not specified in act (implied) (Sec. 23, page 17).
Yes.
Not specified in act.
Yes.
"There shall be an advisory committee on pesticides composed of
but not limited to the chairman, or his designated representative,
who shall head the committee and one representative each from the
department of health, department of land and natural resources,
University of Hawaii agricultural experiment station, University
of Hawaii cooperative extension service, State environmental
organization, sugar industry, pineapple industry, livestock in-
dustry, Hawaii farm bureau federation, diversified crop industry,
pesticide industry, structural pest control industry and three
at-large members . . . appointed by the governor from a list of
persons recommended by the respective agencies and industries.
The committee shall advise and assist the department in develop-
ing or revising laws and regulations to carry out.and effectuate
the purposes of this chapter and in advising the department in
pesticide problems."
1972
lib
Hawaii
-------
Definitions
Penalties
Relevant laws
1. active ingredient 19.
2. adulterated 20.
3. animal 21.
4. board 22.
5. certified pesticide 23.
applicator 24.
6. chairman 25.
7. commercial pesticide 26.
applicator 27.
8. defoliant
9. department 28.
10. desiccant 29.
11. device
12. environment 30.
13. fungi 31.
14. general use pesticides 32.
15. imminent hazard 33.
16. inert ingredient
17. ingredient statement
18. insect 34.
label
labeling
misbranded
nematode
person
pest
pesticide
plant regulator
private pesticide
applicator
producer (produce)
protect health and
the environment
restricted pesticide
registrant
sell or distribute
substantial adverse
effects on the environ-
ment
weed
"(a) Any person who violates this part or any . . . regulation
shall upon the first violation be issued a written warning notice
citing the specific violation and necessary corrective action.
"(b) [Violation] . . . after receipt of a notice . . . shall be
punished by a fine of not more than $1,000."
Food, Drug Devices, and Cosmetics
[Hawaii Rev. Laws, s 328-1 to 328-89 (1955)]
Includes "tolerances for pesticide chemicals in or on raw agri-
cultural commodities."
Office of Environmental Quality Control
[Hawaii Rev. Laws, s 341-1 to 341-6 (Supp. 1972)]
Fumigation
[Hawaii Rev. Laws, s 450-1 to 450-12 (1955)]
Health Laws
[Hawaii Rev. Laws, ch. 321, 322, 330 (1955)]
(Structural) Pest Control Operators
[Hawaii Rev. Laws, s 460J-1 to 460J-27 (Supp. 1972)]
1972
lie
Hawaii
-------
IDAHO
Title
Prohibited acts
Exemptions
Licensing
qualifications
application
examination
fees
issuance
nonresidents
Financial
responsibility
Authority granted to;
issue regulations
enforce the act
delegate duties
restrict usage
inspect property
require records
"Pesticide Use and Application Law"
[Idaho Code, s 22-2208 to 22-2223 (1968)]
Unlawful to engage in the custom application of pesticides unless
licensed by the Commissioner of Agriculture.
Farmers, government research personnel applying pesticides to
experimental plots, and persons using pesticides on lawns and
ornamental plants incidental to plant care.
Commissioner must find applicant qualified.
Must contain certain required information.
Kind not specified in act; written examination required by regu-
lations. Commissioner may require any licensee to be retested.
Pesticide applicator $10; pesticide operator, fee set by regula-
tion; applicants failing to pass examination shall pay a reexam-
ination fee set by regulation; no fee for public operators;
application for renewal after January 1 must be accompanied by
affidavit that no work was performed while unlicensed.
Licenses expire December 31 each year, renewable annually.
Licenses may restrict applicant to the use of certain type or types
of equipment, apparatus, or materials and may be revoked or
modified.
Commissioner may issue a license without examination to a non-
resident licensed in another State, having substantially the same
standards.
Commissioner shall require a reasonable bond or insurance policy
of each applicator. Regulations require minimum $20,000 personal
injury and $40,000 property damage for aerial applicators and
$5,000/5,000 for ground applicators. Cash deposit in escrow may
be accepted in lieu of bond or insurance.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
1972
12a
Idaho
-------
cooperate with
others
publish
Information
conduct courses
regulate storage,
transportation,
or disposal of
pesticides
require
compliance
with label
license
equipment
subpoena persons
or records
report losses
investigate
damages
require use
permit
license dealers
require reports
of pesticide
poisoning
adopt list of
restricted
pesticides
Pesticide board ,
Definitions
Penalties
Yes.
Yes.
Not specified in act.
Yes.
Yes.
Yes.
Not specified in act.
Yes - within 60 days of occurrence or prior to harvest of 25% of
damaged crop.
Yes.
Yes.
Yes.
Not specified in act.
Yes.
None.
1. aircraft 12.
2. apparatus 13.
3. Commissioner 14.
4. custom application of 15.
pesticides 16.
5. defoliant 17.
6. desiccant
7. fungi 18.
8. fungicide 19.
9. ground equipment 20.
10. herbicide 21.
11. insect 22.
insecticide
person
pest
pesticide
pesticide applicator
pesticide dealer
(see "Pesticide law")
pesticide operator
plant regulator
public hearing
restricted use pesticide
weed
Violation of the act or any regulation shall upon the first con-
viction constitute a petty misdemeanor and upon any subsequent
conviction constitute a misdemeanor. The Commissioner is not re-
quired to report for prosecution minor violations when he believes
that the public interests will be best served by suitable warning
or other administrative action.
1972
12b
Idaho
-------
Any person operating as a commercial pesticide applicator or opera-
tor without a license shall forfeit to the State for each day of
such unlicensed operation fifty dollars ($50) as a civil penalty.
Relevant laws "Pesticide Law"
[Idaho Code, s 22-3401 to 22-3416 (1968)]
(Formerly known as the "Economic Poison Act of 1963")
"Idaho Food. Drug, and Cosmetic Act" (1959)
[Idaho Code, s 37-113 to 37-134 (1968)]
Authorizes Commissioner to adopt list of restricted use pesticides,
determine areas where restrictions are necessary and require per-
mits to apply these chemicals.
Procedures for establishing restricted area
[Idaho Code, 22-2225]
Proposal - The Commissioner, upon his own initiative or upon
petition of a number of owners, may issue a proposal for the estab-
lishment of a designated restricted area. A notice and hearing
shall then be held, after which the Commissioner shall decide
whether or not to establish a restricted area.
Referendum - The Commissioner shall conduct a referendum on the
matter if petitioned by 25 landowners or if he is unable to
determine the need for a restricted area after public hearings.
Establishment - A favorable decision of the Commissioner after
public hearings or a 2/3 affirmative vote of persons in the pro-
posed area shall constitute authority to establish the area and to
issue regulations.
Regulations - The Commissioner may prescribe the time and condi-
tions under which pesticides may be used in restricted areas and
may restrict, prohibit, or require special permit to use
pesticides.
1972 12c Idaho
-------
ILLINOIS
Title
Prohibited acts
Exemptions
Licensing
qualif ications
application
examination
fees
issuance
nonresidents
Financial
responsibility
Authority granted to:
issue regulations
enforce the act
delegate duties
restrict usage
inspect property
require records
cooperate with
others
Custom Application of Pesticides
[111. Ann. Stat., ch. 5, s 87(d)(l) to 87(d)(17) (1966)]
Unlawful to engage in custom application of pesticides unless
licensed by the Director of the Department of Agriculture.
Structural pest control operators', fumigators, governmental bodies,
tree experts, farmers, canning establishments, veterinarians in
practice, farmer or grower applying pesticides to not more than
two neighbors' land each year and general pest control operators
(nuisance pests or disease vectors).
Must possess "adequate knowledge" concerning proper use and appli-
cation of pesticides.
Must contain information regarding applicants' qualifications and
proposed operations and other information deemed necessary by the
Director.
Applicant required to "pass the examination."
Annual license fee $25.
If found qualified, applicant shall be issued license valid for
one year from date of issue, renewable w/o examination if fee
paid and valid bond in effect. Director may restrict licensee to
the use of certain types of material or equipment. Director may
revoke license for listed statutory reasons, but must provide
administrative hearings and appeal procedures.
Reciprocity provided.
"Reasonable performance bond" required, or a deposit of cash or
collateral in lieu of bond.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
1972
13a
Illinois
-------
publish
information
conduct courses
regulate storage,
transportation,
or disposal of
pesticides
require
compliance
with label
license
equipment
subpoena persons
or records
report losses
investigate
damages
adopt list of
restricted
pesticides
Pesticide board
Definitions
Yes.
Not specified in act.
Not specified in act (implied),
Not specified in act (implied).
Not specified in act.
Not specified in act.
Not specified in act.
Not specified in act.
Yes (Sec. 8).
Interagency Committee on Pesticides
[111. Ann. Stat., ch. 5, s 271 to 276 (1966)]
"An act to create an interagency committee on pesticides to study,
advise and recommend any needed legislation concerning pesticides,
and to approve all proposed rules and regulations pertaining to
the labeling, sale, use or application of pesticides." The act
creates a 7-man committee representing Departments of Agriculture,
Conservation, Public Health, Public Works and Buildings, Natural
History Survey, College of Agriculture, and Illinois Environmental
Protection Agency whose duties are to: (1) review the sale and
use of pesticides, (2) review governmental sponsored or directed
pesticide programs, (3) consider hazards of pesticide use, (4) re-
commend pesticide legislation, (5) obtain the views of interested
parties, (6) advise and approve all programs (except research)
involving pesticides on State property, and (7) meet quarterly or
at the call of the chairman or any member and report annually to
the Governor. "All proposed rules and regulations pertaining to
the regulation or prohibitions of the sale, use or application of
pesticides and labeling of. pesticides shall be submitted to and
approved by the committee before they are promulgated and made
effective."
1. aircraft 11.
2. custom application of 12.
pesticides 13.
3. director 14.
4. fungicide 15.
5. fungus 16.
6. ground equipment
7. herbicide 17.
8. insect 18.
9. insecticide 19.
10. nematocide 20.
nematode
person
pesticide applicator
pesticide operator
pesticides
public application of
pesticides
public applicator
public operator
structure
weed
1972
13b
Illinois
-------
Penalties
Relevant laws
Violation of the act is a misdemeanor subject to a fine of not
more than $200 for the first offense, and not more than $400 for
each subsequent offense.
Use and Application of 2,4-D and Related Herbicides
[111. Ann. Stat., ch. 5, s 87(a)(l) to 87(a)(8) (1966)]
Provides that county boards, or 10 or more commercial fruit or
vegetable producers, may petition the Director of Agriculture,
who may, upon the finding of certain facts, restrict or prohibit
the use of hormone-type herbicides in the area set out in the
petition.
"Economic Poison Law"
[111. Ann. Stat., ch. 5, s 87(c)(l) to 87(c)(13) (1966)]
Requires the registration and labeling of economic poisons.
"Pesticides Control Law"
[111. Ann. Stat., ch. 5, s 256 to 267 (1969)]
The act authorizes the Director of the Department of Agriculture
or the Director of the Department of Public Health to issue regu-
lations relating to labeling, sale, use or application of pesti-
cides, and when approved by the Interagency Committee on Pesti-
cides, to restrict or prohibit the use and application of a
pesticide.
"Illinois Food. Drug and Cosmetic Act"
[111. Ann. Stat., ch. 56 1/2, s 501 to 526 (1967)]
See Sec. 513 for "tolerances."
Tree Experts
[111. Ann. Stat., ch. 5, s 163 to 187 (1966)]
The act requires examination, licensing and regulation of persons
who diagnose, recommend treatment, or provide care for ornamental
or shade trees.
"Pest Control Compact"
[111. Ann. Stat., ch. 5, s 281 to 286 (1966)]
An act to provide financial assistance for timely and coordinated
effort of neighborhood States in conducting effective pest control
activities when the State is threatened by pest outbreaks (from
within or without) of more than local concern. Provides for an
"insurance fund" with contributions from members of the compact,
from which funds can be withdrawn for financial support of pest
control or eradication activities. Provides for a governing body
and a formula by States for contribution to the insurance fund.
Law becomes operative when enacted by 5 or more States.
"The Insect Pest and Plant Disease Act"
[111. Ann. Stat., ch. 5, s 61 to 67a.02 (1966)]
Primarily a nursery inspection and pest quarantine act. Amend-
ments of 1969 authorize the Department of Agriculture to prohibit
in quarantined areas farm practices favorable to the development
of pests, and to require certain crop disposal practices or crop
treatments to control or eradicate pests.
1972
13c
Illinois
-------
"Uniform Hazardous Substances Act of Illinois"
[111. Ann. Stat., ch. Ill 1/2, s 251 to 266(a) (1959)]
Relates to "household type" chemicals and exempts economic poisons
registered under the USDA Federal Insecticide, Fungicide, and
Rodenticide Act. [Historical note - An act to regulate the sale
of Paris green was approved April 22, 1907, and repealed in 1967.]
"Environmental Protection Act"
[111. Ann. Stat., ch. Ill 1/2, s 1001 to 1051 (1966)]
1972 13d Illinois
-------
INDIANA
Title
Prohibited acts
Exemptions
Licensing
Pesticides*
[Burns Ind. Stat. Ann., s 15-2701 to 15-2736 (Supp. 1972)]
Unlawful ... :
(1) to use "restricted use pesticides" or "pesticides for use by
prescription only," contrary to regulations issued by the Indiana
Pesticide Review Board;
(2) to use highly volatile herbicides without a permit from the
State Chemist.
Qualified investigators approved by the Indiana Pesticide Review
Board, research personnel of the U.S. Departments of Agriculture
and Interior, Purdue University Agricultural Experiment Station
and licensed professional veterinarians.
Licensing of commercial applicators not provided for in the act.
Permits required by users. Implied authority to examine appli-
cants for "use" permits.
Not specified in act.
Financial
responsibility
Authority granted to:
issue regulations
enforce the act
delegate duties
restrict usage
inspect property
require records
cooperate with
others
publish
information
conduct courses
regulate storage,
transportation,
or disposal of
pesticides
* This act is a combined registration and use and application law.
relating to use and application are included in this digest.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Not specified in act.
Not specified in act.
Yes.
Only those sections
1972
14a
Indiana
-------
require
compliance
with label
license
equipment
subpoena persons
or records
report losses
investigate
damages
require use
permits
license dealers
require reports
of pesticide
poisoning
adopt list of
restricted
pesticides
Pesticide board
Yes.
Not specified in act.
Not specified in act.
Not specified in act.
Not specified in act.
Yes.
Not specified in act (the Board may adopt regulations regarding
safe distribution of pesticides).
Not specified in act.
Yes.
"(Pesticide Review Board) There is created the Indiana Pesticide
Review Board, hereinafter referred to as the Board, and consisting
of one (1) representative of the State Board of Health; the
State Toxicologist; the State Veterinarian; one (1) representative'
of the Department of Natural Resources; one (1) representative of
the Purdue University Agricultural Experiment Station; one (1)
representative of the Indiana Cooperative Extension Service; two
ecologists with earned doctorate degrees, one (1) a terrestrial
ecologist and one (1) an aquatic ecologist, no more than one (1)
of whom may be from a state supported university or college and
no more than one (1) of whom may be a plant ecologist and one (1)
public representative, each with full voting power; one (1) repre-
sentative of the pesticide industry and one (1) representative of
producers of agricultural crops or products on which pesticides
are applied or which may be affected by the application of pesti-
cides and two (2) public representatives from conservation organi-
zations, as advisory, non-voting members. Such members shall be
appointed by the Governor for terms of four (4) years, provided
that at the inception of this chapter the Governor shall appoint
three (3) members for a period of two (2) years; three (3) members
for a period of three (3) years; and three (3) members for a
period of four (4) years. All subsequent terms for appointment to
the Board shall be for a period of four (4) years. Members may
be appointed for successive terms at the discretion of the
Governor. The Governor may remove any member of the Board prior
to the expiration of his term of appointment for cause. Non-voting
members will serve at the pleasure of the Governor.
"(Board: Vacancies) Vacancies on the Board created by death,
resignation, or removal for cause of any member shall be filled by
the Governor within thirty days after occurrence for the remainder
of the vacated term in the manner herein prescribed for appoint-
ment to the Board.
1972
14b
Indiana
-------
"(Board: Chairman) The Board shall elect one of its members
Chairman to serve for a term of two years, unless his appointment
should terminate before the expiration of said term, in which case
the term shall be for the duration of his appointment.
"(Board: Meetings) The Board shall meet at least annually and at
such other times and at such place as shall be specified by the
call of the Chairman or a majority of the Board.
"(Board: Quorum) Six (6) voting members of the Board shall con-
stitute a quorum and official actions will be subject to approval
by a simple majority of Board members present at a called meeting.
The Chairman shall actively participate in all decisions of the
Board.
"(Board: Per Diem and Travel Expenses) State officials and staff
members of state offices as well as Purdue University Agricultural
Experiment Station and Cooperative Extension Service staff members
appointed to the Board shall serve without compensation but shall
be entitled to receive per diem payments at rates and under condi-
tions incident to these positions. Other members shall be paid a
per diem of twenty-five ($25) per day or per part of each day of
actual attendance at called meetings or hearings. In addition,
each Board member shall receive mileage expense to and from his
place of business and the place where official business is trans-
acted."
Definitions
Penalties
Relevant laws
1. active ingredient 17.
2. adulterated 18.
3. antidote 19.
4. board 20.
5. defoliant 21.
6. desiccant 22.
7. device 23.
8. distribute 24.
9. fungi
10. fungicide 25.
11. herbicide 26.
12. highly volatile 27.
herbicide 28.
13. inert ingredient 29.
14. ingredient statement 30.
15. insect 31.
16. insecticide
label
labeling
misbranded
nematocide
nematode
person
pesticide
pesticides for
prescription use only
plant regulator
registrant
restricted use pesticide
rodenticide
weed
aquatic ecologist
terrestrial ecologist
Violation of the act, or interference with duties of state chemist,
constitutes misdemeanor, subject to a fine of not more than $1,000
for first offense, and not more than $5,000 for each subsequent
offense.
"Indiana Hazardous Household Products Act"
[Burns Ind. Stat. Ann., s 35-4214 to 35-4228 (1969)]
"Uniform Indiana Food, Drug, and Cosmetic Act"
[Burns Ind. Stat. Ann., s 35-3101 to 35-3139 (1969)]
1972
14c
Indiana
-------
Title
Prohibited acts*
Exemptions
Licensing
qualifications
application
examination
fees
issuance
nonresidents
Financial
responsibility
Authority granted to:
issue regulations
enforce the act
delegate duties
restrict usage
inspect property
require records
IOWA
"Pesticide Act of Iowa"
[Iowa Code Ann., s 206.1 to 206.13 (Supp. 1972)]
Combination registration law and commercial applicators law.
Unlawful to engage in custom application of pesticides unless
licensed by the Secretary of Agriculture.
Farmer trading work with another and State and Federal employees
engaged in research.
Proof of competency and responsibility required.
"... properly executed application . . ." required.
Written examination may be required.
Initial fee $10; renewal fee $5.
An annual license, expiring October 31, shall be issued upon re-
ceipt of properly executed application and payment of fee.
Secretary may refuse to renew license during a period of inves-
tigation of applicator's wrongdoing and may cancel license if
applicator is convicted of a violation of the act. Aerial com-
mercial applicators must also be registered with the Iowa
Aeronautics Commission.
Licensing of a nonresident applicator implies consent to the
appointment of the Secretary of Agriculture as his agent for
service of legal process. Nonresident aerial app.licators may
apply pesticides in Iowa under the direct supervision of a
licensed Iowa aerial applicator; or they may operate independently
if they obtain a license, post bond and register with the Iowa
Aeronautics Commission.
Proof of unencumbered net financial worth of $5,000, or surety
bond of $5,000, or liability insurance policy of $5,000.
Yes.
Yes.
Yes.
[See authorities of the Chemical Technology Commission, p. 15b.]
Yes.
Yes.
*Portions of the Act which relate to "registration" of pesticides are not included in this
digest.
1972
15a
Iowa
-------
cooperate with
others
Yes.
publish
information
Not specified in act.
conduct courses
regulate storage,
transportation,
or disposal of
pesticides
require
compliance
with label
Not specified in act.
Yes (transferred to Chemical Technology Commission, see
authorities, p. 15b).
Not specified in act.
license
equipment
subpoena persons
or records
report losses
investigate
damages
require use
permits
require purchase
permits
license dealers
require reports
of pesticide
poisoning
Pesticide board
Not specified in act.
Not specified in act.
Yes (from aerial application) before one-half of the damaged crop
is harvested and within 60 days after damage is detected (within
2 years in the case of livestock damage).
Yes - mandatory for Secretary to appoint a three-member committee
to investigate alleged claim of damage.
Not specified in act.
Not specified in act.
Not specified in act.
Not specified in act. [See authorities of the Chemical Technology
Commission, p. 15b.]
Chemical Technology Commission
[Iowa Code Ann., s 1119.101 to 1119.106 (Supp. 1971)]
"There are created within the department [of Environmental Quality]
the air quality commission, the water quality commission, the
chemical technology commission, and the solid waste disposal com-
mission. Each commission shall establish policy for the programs
and services assigned to it.
"... The chemical technology commission shall consist of the
secretary of agriculture, the commissioner of public health, the
director of the Iowa natural resources council, the chairman of
the state soil conservation committee, the chief executive of the
league of Iowa municipalities, the state conservation director
and the dean, college of agriculture of Iowa state university of
science and technology, or their designees, a representative of a
firm in Iowa actively engaged in the manufacture or formulation of
agricultural chemicals, and a farmer experienced in the applica-
tion of agricultural chemicals to be appointed by the governor
with the consent of two-thirds of the senate.
1972
15b
Iowa
-------
Definitions
Penalties
Relevant laws
"The commission shall collect, analyze, and interpret information
relating to agricultural chemicals and their use. The commission
shall coordinate the regulation and information responsibilities
of state agencies on matters relating to the sale and use of
agricultural chemicals. It shall adopt rules relating to the sale,
use and disuse of agricultural chemicals and may by rule, restrict
or prohibit the sale, distribution, or use of any agricultural
chemical ....
"The commission shall consider the toxicity, hazard, effectiveness
and public need for the agricultural chemicals, and the avail-
ability of less toxic or less hazardous agricultural chemicals and
substances or other means of control.
"The commission shall, by rule and regulation, after a public
hearing following due notice:
1. Declare as a pest any form of plant or animal life or virus
which is unduly injurious to plants, man, domestic animals,
articles, or substances.
2. Specify the conditions under which containers of pesticides
may be transported, stored, or disposed.
3. Determine the proper use of pesticides, including their
formulations, and the times and methods of application and
other conditions of use.
4. Require that all veterinarians licensed and practicing
veterinary medicine in the state promptly report any case of
domestic livestock poisoning or suspected poisoning to the
executive director and the veterinary medical diagnostic
laboratory at Iowa state university of science and technology."
1. active ingredient
2. adulterated
3. antidote
4. commercial applicator
5. department
6. device
7. inert ingredient
8. ingredient statement
9. label
10. labeling
11. misbranded
12. person
13. pesticide
14. plant growth regulator
15. registrant
16. secretary
[Various] from $100 to $1,000 fine and imprisonment for up to 1
year.
Department of Environmental Quality
[Iowa Code Ann., s 1119.1 to 1119.113 (Supp. 1972)]
"Pesticide Act of Iowa"
[Iowa Code Ann., s 206.1 to 206.13 (Supp. 1972)]
Contains sections relating to registration of pesticides.
1972
15c
Iowa
-------
KANSAS
Title
Prohibited acts
Exemptions
Licensing
qualifications
application
examination
fees
issuance
nonresidents
Financial
responsibility
Authority granted to:
issue regulations
enforce the act
delegate duties
restrict usage
inspect property
require records
"Kansas Pesticide Use Law"
[Kan. Stat. Ann., s 2-2414 to 2-2436 (Supp. 1971)]
Unlawful to engage in the business of applying pesticides to the
land of another unless licensed by the Secretary of the State
Board of Agriculture.
Structural pest control operators, persons working on own premises
or those of another in an exchange of work, shade tree and orna-
mental shrub work, and government research personnel.
Must possess adequate knowledge concerning proper use and appli-
cation of pesticides.
Must be in writing to the Secretary on a designated form furnished
by the Secretary's office.
Type not specified, but a number of subjects are included in the
examination.
Pesticide business applicator $10; pesticide equipment operator
$10; public equipment operator $10; business license $25; govern-
ment agency registration $25; each unit of equipment $10.
Issued upon being found qualified, and filing of bond or insurance;
licenses expire at end of calendar year in which issued.
Must file written consent to accept service of legal process and
to be sued for damages in Kansas courts.
Aggregate amount of liability insurance to be not less than
$25,000. First unit of equipment shall carry $8,000 liability
insurance; additional units to carry $2,000.
Yes.
Yes.
Yes.
Yes; additionally county commissioners may restrict pesticides in
their county if such restrictions are approved by the Secretary of
Agriculture.
Yes.
Yes.
1972
16a
Kansas
-------
cooperate with
others
publish
information
conduct courses
regulate storage,
transportation,
or disposal of
pesticides
require
compliance
with label
license
equipment
subpoena persons
or records
report losses
investigate
damages
Pesticide board
Definitions
Penalties
Relevant laws
Yes.
Yes.
Not specified in act.
The Secretary "shall" issue regulations governing discarding and
storing pesticides or pesticide containers.
Not specified in act (implied).
Yes.
Yes.
Yes.
Yes.
Thirteen-member board representing (1) health, (2) water resources,
(3) forestry, fish and game, (4) geological survey, (5) agri-
culture, (6) soil conservation, (7) livestock commission, (8)
House of Representatives, (9) Senate, (10) custom ground appli-
cator, (11) custom aerial applicator, (12) pesticide industry, and
(13) an agricultural user of pesticides. The board is advisory in
nature and has no regulatory authority.
1. board
2. defoliant
3. desiccant
4. equipment
5. fungus
6. insect
7. land
8. nematode
9. person
10. pest
11. pesticide
12. pesticide business
applicator
13. pesticide equipment
operator
14. pesticide public
operator
15. plant regulator
16. rodent
17. secretary
18. snails or slugs
19. weed
Violation of the act or regulations is an unclassified misdemeanor,
subject to a fine of not less than $100 and not more than $500.
"Kansas Pest Control Act"
[Kan. Stat. Ann., s 2-2401 et seq. (1964)]
Licenses and regulates:
1. termite control
2. structural insect control
3. fumigation
4. tree pest control
"Kansas Agricultural Chemical Act of 1947"
[Kan. Stat. Ann., s 2-2201 £t £e£. (1964)]
1972
16b
Kansas
-------
"Kansas Food, Drug, and .Cosmetic Act"
[Kan. Stat. Ann., s 65-655 £t se£. (1964)]
Hazardous Household Articles
[Kan. Stat. Ann., s 65-2701 £t se£. (1964)]
1972 16c Kansas
-------
KENTUCKY
Title
Prohibited acts
Exemptions
Licensing
qualifications
application
examination
fees
issuance
nonresidents
Financial
responsibility
Authority granted to:
issue regulations
enforce the act
delegate duties
"Kentucky Pesticide Use and Application Act of 1972"
[Ky. Rev. Stat., s 217B.010 to 217B.990 (1972)]
Unlawful to engage in the business of applying pesticides to the
lands of another, or to act as a pesticide operator, or a pest
control consultant, unless licensed by the Director of the Kentucky
Agricultural Experiment Station.
State agencies; structural pest control operators (licensed under
KRS 249.250 to 249.340); persons using hand-powered equipment to
apply pesticides on lawns, ornamental shrubs, and trees not over
12 feet high, as part of their care of premises; farmers, for
themselves or their neighbors, when using ground equipment; and
government research personnel applying pesticides to experimental
plots.
Must possess "adequate knowledge"; pest'control consultants must
provide evidence of training and experience to understand "pest
control principles."
On a form provided by the Director, including information on
applicants' qualifications and proposed operations.
Pest control consultants .required to:pass a>written examination;
other applicants must show upon examination that they are qualified.
pest control consultant - annual fee $50
pesticide applicator - annual fee $25
pesticide operator - annual fee $10
public operator - no fee
aircraft licensing - annual fee $25
ground equipment - annual fee $10
licensing
(second inspection $ 5)
Licenses expire at end of calendar!year but may be revoked for
cause, or if financial security has expired. Penalty for late
renewal provided in act.
No provision for reciprocity.
Surety bond or liability insurance in an amount not less than
$100,000 for property damage and public liability, each separately.
Deductible clause of $1,000 acceptable.
Yes.
Yes.
Yes.
1972
17a
Kentucky
-------
restrict usage
inspect property
require records
cooperate with
others
publish
information
conduct courses
regulate storage,
transportation,
or disposal of
pesticides
require
compliance
with label
license
equipment
subpoena persons
or records
report losses
investigate
damages
require use
permits
license dealers
require reports
of pesticide
poisoning
adopt list of
restricted
pesticides
Pesticide board
Definitions
Yes.
Yes.
Yes.
Yes.
Yes.
'Yes. ' ' ' '
Yes. ;.... . . :
i . . !
Yes. ' ' '
Yes.
Yes.
Yes.' ;
Not specified in act (implied),
Not specified in act.
Not specified in act.
Not specified in act.
Yes.
None.
1. defoliant
2. desiccant
3. engage in business
4. equipment
5. fungi
6. fungicide
7. herbicide
8. insect
9. insecticide
10. land
11. nematocide
12. nematode
13. person
14. pest
15 .> pest control consultant
16. pesticide
17. pesticide applicator
18. pesticide operator
19. plant regulator
20. public operator
21. restricted use pesticide
22. rodenticide
23. snails or slugs
24. weed
25. wildlife
1972
17b
Kentucky
-------
Penalties
Relevant laws
Violation of the act or regulations constitutes a misdemeanor,
subject to a penalty of not less than $25, nor more than $500,
or imprisonment for not more than 30 days, or both fine and
imprisonment.
Kentucky Economic Poison Law
[Ky. Rev. Stat., s 217.540 to 217.640 (1969)]
Amended by adding 217.558 in 1970, re DDT.
Kentucky Termite and Pest Control Industry Law
[Ky. Rev..Stat., s 249.250 to 249.340 (1962)]
"Kentucky Food. Drug and Cosmetic Act"
[Ky. Rev. Stat., s 217.005 to 217.215 (1962)]
Sec. 217.145(2) provides for regulations of pesticide chemicals in
or on raw agricultural commodities by incorporating applicable
provisions of the Federal Food, Drug, and Cosmetic Act.
"Kentucky Hazardous Substances Labeling Act"
[Ky. Rev. Stat., s 217.650 to 217.710 (1962)]
Kentucky Department of Aeronautics KAV-5
"Aerial Applicators"
Requires aerial applicators of agricultural chemicals to obtain a
permit before engaging in the business of applying chemicals to
crops, and requires certain bonding procedures.
1972
17c
Kentucky
-------
LOUISIANA
Title
Prohibited acts
Exemptions
Licensing
qualifications
application
examination
fees
issuance
nonresidents
Financial
responsibility
Authority granted to:
issue regulations
enforce the act
delegate duties
restrict usage
inspect property
require records
cooperate with
others
publish
information
Custom Application of Pesticides
[La. Rev. Stat., s 3-1622 to 3-1634 (1951)]
Unlawful to engage in custom application of pesticides unless
licensed by the Commissioner of Agriculture and Immigration.
Farmers.
Not specified in act.
Form provided by the Commissioner must include information regard-
ing applicant's qualifications and proposed operations.
Aircraft pilots and supervisors of ground equipment required to
pass a written examination before obtaining a permit to operate
equipment.
License $25; permits - examination $2, renewal $1; equipment in-
spection - aerial $10, ground $10, hand $2.
Applicator's license issued upon approval of application. Equipment
operator's permits issued after passing written examination. All
expire on April 30. Failure to renew permit requires reexamination.
Licenses and permits may be suspended, cancelled, or revoked for
cause.
Required to appoint Secretary of State as an agent for service of
legal process.
Bond in the amount of $10,000 required of applicators.
Yes.
Yes.
Yes.
Yes.
Yes.
Not specified in act.
Not specified in act.
Not specified in act.
1972
18a
Louisiana
-------
conduct courses
regulate storage,
transportation,
or disposal of
pesticides
require
compliance
with label
license
equipment
subpoena persons
or records
report losses
investigate
damages
adopt list of
restricted
pesticides
Pesticide board
Definitions
Penalties
Relevant laws
Not specified in act.
Not specified in act.
Not specified in act.
Yes.
Not specified in act.
Not specified in act.
Not specified in act.
Yes.
The act authorizes the commissioner to appoint a 12-member advisory
committee to "advise him and to make recommendations for the regu-
lation and control of the application and the applicators of pesti-
cides. . ."
1. agricultural applicator
2. aircraft
3. applicator
4. Commis s ioner
5. custom application
6. defoliant
7. desiccant
8. employer
9. fungi
10. ground equipment
11. insect
12. person
13. pesticide
14. services
(a) ground application
(b) aerial application
15. weed
Violation of the act or regulations is a misdemeanor subject to a
fine of not less than $100 nor more than $500, or by imprisonment
for not less than 30 days nor more than 6 months, or by both fine
and imprisonment. The Commissioner may file injunctive procedures.
"Structural Pest Control Law"
[La. Rev. Stat., s 40-1261 to 40-1274 (1965)]
Economic Poison Law
[La. Rev. Stat., s 3-1601 to 3-1609 (1951)]
Regulates the sale and purity of pesticides, requires registration,
etc.
Louisiana Horticulture Laws
[La. Rev. Stat., s 37-1961 to 37-1975 (1964)]
Establishes a horticulture commission with authority to license and
regulate the practice of persons engaged in:
1. entomology
2. plant pathology
1972
18b
Louisiana
-------
3. cotton insect control
A. sugar cane borer control
5. tree surgery
6. pot plant and nursery stock dealer
7. retail florist
8. fumigation
9. wholesale floristry
10. landscape architecture
11. horticultural service
12. landscape contractor
13. ornamental plant spraying and dusting
1972 18c Louisiana
-------
MAINE
Title
Prohibited acts
Exemptions
Licensing
qualifications
application
examination
fees
issuance
nonresidents
Financial
responsibility
Authority granted to:
issue regulations
enforce the act
delegate duties
restrict usage
inspect property
require records
cooperate with
others
Board of Pesticides Control
[Me. Rev. Stat. Ann., tit. 22, s 1451 to 1465 (1964)]
[Public Laws 1969, ch. 479]
Unlawful to:
(1) engage in custom application of pesticides without a license
from the Board of Pesticide Control;
(2) apply pesticides to or in streams, rivers or ponds, without a
permit from the board.
Structural pest control, certain State forestry activities, li-
censed arborists, and (by regulation) bona fide farmers. Muni-
cipalities applying pesticides shall have at least one licensed
employee.
Adequate knowledge required.
Form to show qualifications and "other relevant matters."
Required.
$10 annually.
License issued for calendar year and may be suspended for cause
after hearing.
Reciprocity provided in act.
Required; amounts to be established by regulation. (1) Ground
application - public liability $20,000/$40,000, property damage
$10,000/$25,000; (2) Aircraft application - public liability
$50,000/$100,000, property damage $25,000/$50,000.
Yes.
Yes - Board to designate enforcement agency from its membership.
$
Yes.
Yes.
Yes.
Yes.
Yes.
1972
19a
Maine
-------
publish
information
conduct courses
regulate storage,
transportation,
or disposal of
pesticides
require
compliance
with label
license
equipment
subpoena persons
or records
report losses
investigate
damages
require use
permits
require purchase
permits
license dealers
require reports
of pesticide
poisoning
adopt list of
restricted
pesticides
Pesticide board
Definitions
Yes.
Not specified in act.
Not specified in act, but covered by regulations of the Board.
Not specified in act; .required by regulation.
Not specified in act.
Not specified in act. . .
Not specified in act.
Not specified in act.
Yes-.
Not specified in act.
. the sale of pesticides."
"... regulations may relate to
Not specified in act.
Yes (by regulation).
"There is established a Board of Pesticides Control to be composed
of the Commissioner of Agriculture, the Commissioner of Health and
Welfare, the Forest Commissioner, the Commissioner of Inland
Fisheries and Game, the Commissioner of Sea and Shore Fisheries,
the Chairman of the Public Utilities Commission, the Chairman of
the Highway Commission, and the Chairman of the Water Improvement
Commission. The commissioners of the State departments may appoint
agents to serve in their absence. The Board shall elect annually
a chairman from its own membership and be authorized to employ
necessary personnel."
1. aircraft
2. board
3. custom application
of pesticides
4. fungi
5. fungicide
6. ground equipment
7. herbicide
8. insect
9. insecticide
10. pesticide
11. weed
Penalties
Violation of the law or regulations is a misdemeanor subject to a
fine of not more than $500. Each day of operation without a
license or a permit is a separate offense.
1972
19b
Maine
-------
Relevant laws "Maine Economic Poison Law"
[Me. Rev. Stat. Ann., tit. 7, s 581 at se^. (1964)]
"Uniform Hazardous Substances Labeling Act"
[Me. Rev. Stat. Ann., tit. 7, s 501 to 513 (1964)]
Arborist Law
[Me. Rev. Stat. Ann., tit. 32 (1964)]
Department of Environmental Protection
[Me. Rev. Stat. Ann., tit. 12, s 5011 (1964)]
[Public Laws 1971, ch. 489]
Certain environmentally oriented boards and commissions are included
in this new Department; however, it does not include the Board of
Pesticide Control; the Board remains a separate entity.
Pest Control Compact
[Me. Rev. Stat. Ann., tit. 12, s 1111 to 1128 (1964)]
[Public Laws 1967, ch. 485]
1972 19c Maine
-------
MARYLAND
Title
Prohibited acts
Exemptions
Licensing
qualifications
application
examination
fees
issuance
nonresidents
Financial
responsibility
Maryland Pesticide Applicators Law
[Ann. Code of Md., art. 66C, s 110A et^ se^. (1970)]
Unlawful to engage in the business of applying pesticides or to act
as pest control consultant unless licensed by the Department of
Agriculture.
Growers (farmers), manual laborers (under supervision), homeowners,
application of seed and fertiliEer (other than by aircraft),
efforts to change atmospheric conditions, research, treatment of
fabrics, application of antidesiccants to ornamental plants, appli-
cation of pesticides by arborists licensed by Department of Forests
and Parks, or of pesticides on residential properties of one acre
or less.
To be established by Department. Consideration must be given to
formal education in entomology, pest control, and practical experi-
ence.
Written, on form established by Board.
Oral or written, or both oral' and written required by the act.
Must be passed every second year.
Custom applicator, pest control consultant, and pest control opera-
tor's license fee is $30 per annum.
Requirements set by Board. Successful completion of short course
may serve in lieu of examination for one year.
No provision for reciprocity.
Established by Board (as follows):
A. Custom applicator
1. Ground application
public liability
public liability
property damage
property damage
2. Aerial application
public liability
public liability
property damage
property damage
$ 20,000 each person
$ A0,000 each occurrence
$ 15,000 each occurrence
$ 30,000 aggregate
$ 50,000 each person
$100,000 each occurrence
$ 50,000 each occurrence
$100,000 aggregate
1972
20a
Maryland
-------
Authority granted to;
issue regulations
enforce the act
delegate duties
restrict usage
inspect property
require records
cooperate with
others
publish
information
conduct courses
regulate storage,
transportation,
or disposal of
pesticides
require
compliance
with label
license
equipment
subpoena persons
or records
report losses
investigate
' damages
1972
B. Pest control consultant
1. Ground application
public liability
public liability
property damage
property damage
2. Aerial application
public liability
public liability
property damage
property damage
$ 20,000
$ 40,000
$ 15,000
$ 30,000
$ 50,000
$100,000
$ 50,000
$100,000
each person
each occurrence
each occurrence
aggregate
each person >j
each occurrence
each occurrence
aggregate
C. Pest control operator
To be established by regulation.
Yes.
Yes.
Not specified in act (but may employ inspectors for enforcement of
the act).
Yes.
Yes.
Yes.
Yes. ..
Yes.
Yes.
Yes.
Yes.
Not specified in act (inspected but not licensed).
Not specified in act.
Not specified in act.
Not specified in act.
2 Ob
Maryland
-------
require use
permits
require purchase
permits
license dealers
require reports
of pesticide
poisoning
adopt list of
restricted < . i
pesticides . -
Pesticide board i
Definitions
Penalties
Relevant laws
Yes.
Yes.
Implied (done under permit at no fee).
Not specified in act.
Yes.
i ' .
Maryland Pesticide Advisory Board
A. Law
1. agent or authorized agent 6. pest
2. application . 7. pest control consultant
3. Board 8. pest control operator
4. custom applicator 9. pesticide
5. device
B. Regulation
1. dealer
2. drift
3. public agency permit
4. residue
5. restricted pesticide
6. restricted-use permit
7. supervision
Violation of the law or regulations constitutes a misdemeanor sub-
ject to a fine not to exceed $1,000, or imprisonment of not more
than 60 days, or both fine and imprisonment.
"Maryland Pesticide Law of 1958"
[Ann. Code of Md., art. 48, s 129 to 139 (1965)]
Economic Poison Law
1972
20c
Maryland
-------
MASSACHUSETTS
Title
Prohibited acts
Exemptions
Licensing
qualifications
application
examination
fees
issuance
nonresidents
Financial
responsibility
Authority granted to:
issue regulations
enforce the act
delegate duties
restrict usage
inspect property
Pesticide Board - Application of Pesticides
[Mass. Ann. Laws, ch. 9AB, s 21A to 22 (1967)]
Unlawful to apply pesticides "on the land of another" unless
licensed by the Pesticide Board.
Farmers and structural pest control operators are exempt from
licensing. (Farmers and PCO's may be required to use pesticides
only in accordance with the label directions.) These exempted
groups are bound by regulations of the Board made under paragraph 2
of ch. 9AB.
All applicants must be 16 years of age or over. Two classes of
licenses are established: (1) operational, (2) supervisory.
Certain educational or experience prerequisites established, in-
cluding experience at operational level, prior to eligibility for
supervisory license.
Not specified in act. [Provided for in rules and regulations.]
Not specified in act. [Provided for in rules and regulations.]
The law specifies that the annual fee shall not exceed $5. Regu-
lations establish supervisory license fee of $5 and operational
license fee of $3. (Regulations provide that fee may be required.
Board to date has not so required.)
"Licenses shall be granted to those who meet the requirements of
the Board . . . and who achieve a satisfactory mark on an examina-
tion . . ., such licenses shall remain in force for a period of
two years ..." (Wholesalers and distributors must be licensed
by the Department before selling and dealing in pesticides.) Not
licensed by Board but by Division of Food and Drugs, DPH. They
also register pesticides.
Reciprocity provided.
Not specified in act.
Yes.
Yes (Department of Health).
Yes.
Yes.
Yes.
1972
21a
Massachusetts
-------
require records
cooperate with
others
publish
information
conduct courses
regulate storage,
transportation,
or disposal of
pesticides
require
compliance
with label
license
equipment
subpoena persons
or records
report losses .
investigate
damages
require use
permits
require purchase
permits
license dealers
require reports
of pesticide
poisoning
Pesticide board
Definitions*
Yes.
Not specified in act.
Yes.
Not specified in act.
Yes.
i ' ;
Yes (Division of Food and Drugs, Mass'. DPH),
Not specified in act.
i / i '<.
Not specified in act. . ' . ' -
Not specified in act.
Not specified in act. ' ' ' '
Not specified in act (implied).
Not specified in act (implied).
Yes (see Section 13A of the Pesticides Law).
Not specified in act.
"There shall be in the Department [of Public Health] a pesticide
board, hereinafter referred to as the board, consisting of the
Commissioner, who shall be the Chairman, the Commissioner of
Natural Resources, the Commissioner of Agriculture, the Commissioner
of Public Works, the Director of the Division of Fisheries and Game,
the Chairman of the State Reclamation Board, or their designees,
and five members to be appointed by the governor. The appointive
members shall serve for terms coterminous with the governor. Said
appointive members shall serve without compensation but shall re-
ceive their necessary expenses incurred in the discharge of their
duties. The board shall meet at least four times annually and
from time to time at the call of the Chairman or upon written re-
quest of any two members of the board. All decisions of the board
shall be by majority vote and shall be executed and administered
by the Commissioner, except as otherwise provided."
1. application of
pesticides
2. board
3. disposal
4. farmer
5. land of another
*Included in rules and regulations.
1972
21b
Massachusetts
-------
Penalties
Relevant laws
6. operational license
7. pesticide
8. supervisory license
9. surface waters
10. watershed
Violation of act subject to a fine of not more than $500, or by
imprisonment for not more than two months or both fine and impris-
onment. Violation of regulations of the board subject to a first
offense fine of $100, and a subsequent offense fine not exceeding
$500.
Pesticides Law (Economic Poison Law)
[Mass. Ann. Laws, ch. 94B, s 11 to 21 (1967)]
Hazardous Substances
[Mass. Ann. Laws, ch. 94B, s 1 to 10 (1967)]
Applies to hazardous materials other than pesticides.
Control of Plant Pests
[Mass. Ann. Laws, ch. 128, s 16 et seq. (1967)]
Division of Environmental Protection
[Mass. Ann. Laws, ch. 12, s 11D (Supp. 1972)]
[Acts 1972, ch. 781]
Requires preparation of environmental impact reports (including
"pesticide pollution").
1972
21c
Massachusetts
-------
MICHIGAN
Title
Prohibited acts
Exemptions
Licensing
qualifications
application
examination
fees
nonresidents
Financial
responsibility
Authority granted to:
issue regulations
enforce the act
delegate duties
restrict usage
inspect property
Pesticide Applicator's Law
[Mich. Stat. Ann., s 12.353 (1967)]
and Economic Poisons Law known as:
"Michigan Insecticide, Fungicide, and Rodenticide Act of 1949"
[Mich. Stat. Ann., s 12.352 (1967)]
Unlawful to apply pesticides commercially, or sell restricted use
pesticide unless licensed by the Director of Agriculture.
Property owners or their employees, farmers trading with other
farmers, municipalities, Road Commissions or State or Federal
agencies.
Director must find applicant qualified by a written examination
and with minimum financial responsibility.
On forms furnished by the Director.
Written examinations in each category of operation.
License $20.00, renewed annually January 1; restricted use
pesticide dealer $50.00, renewed annually January 1.
No provision for reciprocity.
Applicator
(general)
Brush control,
soil sterilant,
forest and shade
tree pest control
Aerial applicators
space fumigation
Yes.
Yes.
Yes.
Yes.
Yes.
Liability
insurance
$20,000/40,000
20,000/40,000
50,000/100,000
Property
damage
$10,000
25,000
25,000
Corporate
surety bond
or equivalent
$2,000
5,000
5,000
1972
22a
Michigan
-------
require records
cooperate with
others
publish
information
conduct courses
regulate storage,
transportation,
or disposal of
pesticides
require
compliance
with label
license
equipment
subpoena persons
or records
report losses
investigate
damages
adopt list of
restricted
pesticides
Pesticide board
Definitions
Categories of
pesticide
application
defined
Of restricted use pesticide dealers.
Not specified in act.
Must make sales data on restricted use pesticides available upon
request except sale of patented pesticides.
Not specified in act.
Not specified in act.
Not specified in act.
Not specified in act.
Sales records of restricted use pesticides must be retained by
dealer two years.
Not specified in act.
Not specified in act.
Yes.
Five-member advisory committee created consisting of Director of
Natural Resources, Director of Public Health, Director of Aero-
nautics, Director of the Pesticides Research Center, Michigan
State University, and the Executive Secretary of the Water Re-
sources Commission (or their designee).
1. aircraft
2. defoliant
3. desiccant
4. director
5. economic poison
6. equipment
7. fungi
8. fungicide
9. ground equipment
1. aerial application
2. aquatic pest control
3. brush control and
soil sterilant
4. mosquito and public
health pest control
5. space fumigation
6. control of pest
related to structures
10. herbicide
11. insect
12. insecticide
13. nematocide
14. nematode
15. person
16. plant regulator
17. weed
7. vertebrate control
8. animal pest control
9. field crop pest control
10. fruit crop pest control
11. lawn, garden and ornamental
pest control
12. forest and shade tree
pest control
Penalties
Violation of act or regulation is a misdemeanor.
1972
22b
Michigan
-------
Relevant laws Michigan 2,4-D Act
[Mich. Stat. Ann., s 12.366 (1967)]
Permits establishment of designated areas within which the use of
certain herbicides may be prohibited (grape vineyards).
1972 22c Michigan
-------
MINNESOTA
Title
Prohibited acts
Exemptions
Licensing
qualifications
application
examination
fees
issuance
nonresidents
Financial
responsibility
Authority granted to:
issue regulations
enforce the act
delegate duties
restrict usage
inspect property
require records
Minnesota Spraying and Dusting Law
[Minn. Stat., s 18.031 to 18.036 (1969)]
Unlawful to:
(1) spray or dust for hire unless licensed by the commissioner of
agriculture;
(2) sell restricted use pesticides unless a licensed dealer.
Homeowners and farmers on own premises, or on neighbors' premises
when not for hire; licensed physicians, dentists, or veterinarians
prescribing, dispensing, or administering pesticides in their
practice.
Determined by commissioner to be "qualified."
To be made on form provided by commissioner.
Written.
Original license or renewal $5; each identification card fee $5.
(Restricted use pesticide dealer's license fee is $20.)
Issued annually on calendar year basis, renewable by examination
or by evidence of having completed approved training. Aerial
applicators to have passed additional examination prepared by
Department of Aeronautics; persons applying pesticides to public
waters must have passed examination prepared by Department of
Natural Resources.
No provision for reciprocity.
Not specified in act.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
1972
23a
Minnesota
-------
cooperate with
others
publish
information
conduct courses
regulate storage,
transportation,
or disposal of
pesticides
require
compliance
with label
license
equipment
subpoena persons
or records
report losses
investigate
damages
require use
permits
require purchase
permits
license dealers
require reports
of pesticide
poisoning
adopt list of
restricted
pesticides
Pesticide board
Definitions
Yes.
Not specified in act.
Not specified in act.
Yes.
Yes.
"A list of requirements that equipment shall meet may be adopted
by regulation."
Not specified in act.
Yes.
Yes. (If damage report is filed within 60 days after pesticide
application or alleged damage occurred or prior to time that 25%
of crop is harvested, the commissioner shall inspect and make a
report.)
No.
No.
Yes.
Not specified in act.
Yes.
None.
1. act
2. approved agency
3. authorized agent
4. commissioner
5. custom spraying or
dusting (law)
6. device
7. economic poison
8. equipment
9. license
10.
11.
12.
13.
14.
15.
16.
(law)
(law)
person
pest
pesticide
pollution
registered approved use
restricted use
pesticides
spraying or dusting
operations for hire
(law)
Penalties
Violation of the act is a misdemeanor. Licenses may be denied,
suspended or revoked after notice and a hearing for any violation
of the act.
1972
23b
Minnesota
-------
Relevant laws Minnesota Economic Poisons and Devices Law
[Minn. Stat., s 24.069 to 24.077 (1969)]
Structural Pest Control
[Minn. Stat., s 18A.01 to ISA.11 (1969)]
Interstate Pest Control Compact
[Minn. Stat., s 18.62 to 18.71 (1969)]
"Hazardous Substances Labeling Act"
[Minn. Stat., s 24.32 to 24.42 (1969)]
1972 23c Minnesota
-------
MISSISSIPPI
Title
Prohibited acts
Exemptions
Licensing
qualifications
application
examination
fees
issuance
nonresidents
categories
Financial
responsibility
Authority granted to:
issue regulations
enforce the act
delegate duties
restrict usage
inspect property
"Agricultural Aviation Licensing Act of 1966"
[Miss. Code Ann., s 5011-01 to 5011-15 (1957)]
Unlawful to ". . . act, operate or conduct business as an applica-
tor, or to engage in the custom application of pesticides by air,
unless . . . licensed ... by the board [Board of Agricultural
Aviation] ..."
Jurisdiction of the aerial application of hormone-type herbicides
[regulated by the state entomologist, acting as the agent for the
commissioner of agriculture and commerce; see Miss. Code Ann.,
s 5000-21 through 5000-31; application of hormone-type herbicides
by aircraft (1957)]; however, aerial applicators of hormone-type
herbicides are required to be licensed under both aerial applicator
laws.
Not specified in act (see "application"); "... the board shall
set professional standards ..."
" . . . on a form . . . prescribed by the board [containing] in-
formation regarding applicants' qualifications and proposed
operations ..."
Not specified in act.
"... up to $50 for each aircraft ..."
Applicants must submit proof of payment of all ad valorem or other
taxes applicable to equipment. Licenses expire March 31 and may
be suspended, cancelled or revoked for cause, after an opportunity
for a hearing.
Reciprocity provided.
"... all aerial applicators . . . shall be known as registered
aerial applicators ..."
Surety bond or liability insurance policy in an amount not less
than $5,000; to be established by regulations.
Yes (14 CFR 137 adopted by reference),
Yes.
Not specified in act.
Yes.
Yes.
1972
24a
Mississippi
-------
require records
cooperate with
others
publish
information
conduct courses
regulate storage,
transportation,
or disposal of
pesticides
require
compliance
with label
license
equipment
subpoena persons
or records
report losses
investigate
damages
require use
permits
require purchase
permits
license dealers
require reports
of pesticide
poisoning
adopt list of
restricted
pesticides
Pesticide board
Not specified in act (implied).
Yes (limited).
Not specified in act.
Not specified in act.
Not specified in act.
Not specified in act (implied).
Yes.
Not specified in act.
Yes, losses to be reported on a form provided by the board, within
60 days after damages occurred or prior to time 25% of crop
harvested.
Not specified in act.
Not specified in act.
Not specified in act.
Not specified in act.
Not specified in act.
Not specified in act.
[Board of Agricultural Aviation]
"There is hereby created a State Board of Agricultural Aviation
composed of 5 members as follows: 1 member being the Executive
Officer of the Mississippi Department of Agriculture and Commerce;
4 licensed pilots to be appointed by the governor from a list of
8 agricultural aerial applicators submitted to the governor by the
Mississippi Aerial Applicators Association. The term of office of
one board member shall be 1 year; second board member 2 years;
third board member 3 years; and the term of office of the fourth
board member 4 years. After the initial appointment, succeeding
board members shall serve a staggered 4 year term of office. Each
board member shall serve until his successor is appointed. The
Executive Officer of the Division of Plant Industry, Mississippi
Department of Agriculture and Commerce, shall continue to serve
each term by virtue of his office.
1972
24b
Mississippi
-------
Definitions
"The membership of the board shall elect a chairman at their
organizational meeting who shall be one of the 4 aerial applicators
who serve on the board.
"Vacancies on the said board shall be filled as herein stated by
appointment of the governor.
"A quorum necessary to conduct business shall be a majority of the
5 board members.
"Each member of the Agricultural Aviation Board shall receive a
per diem of $15 and actual expenses as provided by law incidental
to attending meetings of said board. Said board shall not be
paid for more than 15 meetings in any one calendar year."
Advisory Committee (Regulation 11)
An advisory committee shall be appointed annually consisting of
one representative from each of the following:
(a) Mississippi Farm Bureau Federation
(b) The Delta Council
(c) Cooperative Extension Service
(d) State Board of Health
(e) Mississippi Aeronautics Commission
(f) Delta Branch Experiment Station
1. aerial application
2. aircraft
3. applicator
A. board
5. defoliant
6. desiccant
7. insect
8. person
9. pesticide
Penalties
Violation of act or regulations constitutes a misdemeanor subject
to fine or not less than $100 or more than $500; or imprisonment
in county jail for not more than 6 months; or both fine and
imprisonment. Board may also seek injunctive relief.
1972
24c
Mississippi
-------
MISSISSIPPI
Title
Prohibited acts
Exemptions
Licensing
qualifications
application
examination
fees
issuance
nonresidents
Financial
responsibility
Authority granted to:
issue regulations
enforce the act
delegate duties
restrict usage
inspect property
a
require records
cooperate with
others
publish
information
Application of Hormone-type Herbicides by Aircraft
[Miss. Code Ann., s 5000-21 to 5000-33 (1957)]
Unlawful to engage in the application of hormone-type herbicides
by aircraft unless licensed by the Commissioner of Agriculture and
Commerce through his agent, the State Entomologist.
Application of herbicides by means other than aircraft. [State and
Federal agencies exempt by regulation.]
Adequate knowledge concerning proper use and aerial application of
herbicides.
On a form provided by the Commissioner to include information on
applicant's qualifications and proposed operations.
"... The Commissioner may require . . . [an] examination . . . ."
Not specified in act.
If applicant found qualified, license issued for period of time
prescribed by regulation [by regulation, licenses expire December 31
or before if so requested].
Reciprocity provided.
Fidelity bond, insurance policy, "or other security satisfactory to
the Commissioner" required in an amount not less than $10,000 for
each aircraft. [Regulations require $10,000, except application of
invert emulsions which requires $20,000.]
Yes (regulations must be approved by the Advisory Board before
becoming effective).
Yes.
Not specified in act (implied).
Yes.
Yes.
Yes.
Yes.
Not specified in act.
1972
24d
Mississippi
-------
conduct courses
regulate storage,
transportation,
or disposal of
pesticides
require
compliance
with label
license
equipment
subpoena persons
or records
report losses .
investigate .
damages
require use
permits
require purchase
permits
license dealers
require reports
of pesticide
poisoning
adopt list of
restricted
pesticides
Pesticide board
Definitions
Penalties
Not specified in act.
Not specified in act (implied).
Yes.
Yes.
Not specified in act.
Yes, on form provided by Commissioner, within 60 days after date
damage occurred, or prior to time 25% of crop is harvested.
Commissioner to furnish copy of damage report to person alleged to
be responsible.
Not specified in act. [Application of certain ester formulations
of 2,4-D requires written "permission."]
Not-specified in act. '
Not specified in act.
1rNot specified in act.
Not specified in act, (implied authority with respect to hormone-
type herbicides) .
Advisory Board (Division of Plant Industry Advisory Board).
1. commissioner
2. hormone-type herbicides
Violation constitutes a misdemeanor subject to a fine of not more
than $500 for each offense.
1972
24e
Mississippi
-------
MISSISSIPPI
Title
Prohibited acts
Exemptions
Licensing
qualifications
application
examination
Mississippi Pest Control Law (Professional Services)
[Miss. Code Ann., s 5006 to 5011 (1957)]
Unlawful to engage in:
(1) entomological work,
(2) pathological work,
(3) horticultural or floricultural work,
(4) tree surgery work, or
(5) weed control work
as a profession or to solicit business in such fields, unless
licensed by the Commissioner.
"... any person employed by the owners or others in possession
of property . . . under supervision in grafting, spraying, dusting
cotton . . . [etc.]."
Not specified in act. [May be established by regulations.]
In writing on form provided by the Board, plus statements as to
training and experience.
"... such tests or examinations as the Board may prescribe
fees
issuance
nonresidents
Financial
responsibility
Authority granted to:
Pesticide board
Definitions
Penalties
"No fee shall be required for the license."
Not specified in act. [May be established by regulations.]
No provision for reciprocity.
Fidelity bond required; not to exceed $2,500.
"The Commissioner shall have the power to make rules and regulations
to govern the qualifications and the practicing of persons engaged
in ... professional services . . . and to prevent fraudulent
practices . . . ."
None.
1. entomological work
2. horticultural and flori-
cultural work
3. person
4. plant pathological work
5. tree surgery work
6. weed control work
Violation of the act or regulations constitutes a misdemeanor sub-
ject to a fine of not more than $500 or imprisonment for not more
than 6 months or both fine and imprisonment.
1972
24f
Mississippi
-------
Relevant laws "Mississippi Economic Poison Act of 1950"
[Miss. Code Ann., s 5000-01 to 5000-14 (1957)]
1972
24g ' Mississippi
-------
MISSOURI
Title (No pesticide use and application law)
Relevant laws "Missouri Economic Poison Law of 1955"
[Mo. Rev. Stat., s 263.270 to 263.380 (1969)]
1972 25 Missouri
-------
MONTANA
Title
Prohibited acts*
Exemptions
Licensing
qualifications
application
examination
fees
issuance
nonresidents
Financial
responsibility
* Sections of the
digest.
1972
"Montana Pesticide Act"
[Mont. Rev. Codes Ann., s 27-213 to 27-245 (Supp. 1971)]
Unlawful . . .
(1) to engage in the business of applying pesticides for another
unless licensed by the department of agriculture;
(2) for farm applicators to apply a restricted use pesticide with-
out a permit from the department of agriculture;
(3) [for dealers] to sell or deliver pesticides without first ob-
taining dealer's license; and
(4) to purchase and sell pesticides at retail unless licensed by
the department of agriculture.
Farm applicators applying nonrestricted pesticides on their own or
their neighbors' land. Jurisdictional health officers, the State
veterinarian, and governmental research personnel applying pesti-
cides to experimental areas.
Applicants must possess "adequate knowledge." Aerial applicators
must meet all requirements of Federal and State aeronautical
agencies.
Form and content may be established by regulation. Annual applica-
tion required.
Written examination required of initial applicants for commercial
applicator and operator license and farm applicators desiring to
apply restricted use pesticides. Dealers are required to take a
"reasonable examination."
Commercial applicators, dealers, and retail outlets (minimum), $10.
License may be established by regulation.
Calendar year licenses, renewable upon application, without exami-
nation. Annual special use permits issued to farm applicators upon
passing written examination. Licenses and permits subject to revo-
cation for cause.
No provision for reciprocity. Nonresidents without resident agent
required to authorize secretary of state to accept service of legal
process.
Within 2 years of implementation of act (prior to January 1, 1974)
Commissioner shall establish by regulation amount of financial
responsibility required for commercial applicators.
act relating to the registration of pesticides are not included in this
26a
Montana
-------
Authority granted to:
issue regulations
enforce the act
delegate duties
restrict usage
inspect property
require records
cooperate with
others
publish
information
conduct courses
regulate storage,
transportation,
or disposal of
pesticides
require
compliance
with label
license
equipment
subpoena persons
or records
report losses
investigate
damages
require use
permits
require purchase
permits
license dealers
require reports
of pesticide
poisoning
adopt list of
restricted
pesticides
Pesticide board
1972
Yes; including adoption by reference to regulations issued under
the Federal Insecticide, Fungicide and Rodenticide Act.
Yes.
Yes.
Yes; the director "shall establish a list of pesticides which are
restricted for agricultural use."
Yes.
Yes.
Yes.
Yes.
Yes.
Yes; unlawful to discard pesticides or pesticide containers in a
manner harmful to anything in the environment.
Yes.
Not specified in act (but department may regulate the operation
and maintenance of equipment used by applicators).
Yes.
Yes.
Yes.
Yes (farm applicators).
Not specified in act (implied),
Yes.
Not specified in act.
Yes (for agricultural use).
Advisory committee. "The commissioner of the state department of
agriculture may appoint advisory committee to study and make
recommendations on special pesticide problems in the state. The
advisory committee shall consist of individuals representing,
26b
Montana
-------
Definitions
Penalties
Relevant laws
equally, controlled industry, agriculture, health and wildlife.
Government personnel, university personnel not included,shall not
be represented on the advisory committee. Government personnel
shall meet with the committee in an advisory capacity when requested
by the committee. The advisory committee shall not exceed twelve
(12) members. The commissioner of the department of agriculture
shall establish the time period in which the advisory committee
shall hold meetings. The time period shall not exceed 2 years.
The department of agriculture shall provide the necessary admin-
istrative, secretarial, and any other essential items to the
advisory committee.
"Each member of the advisory committee shall receive as compensa-
tion for his services the sum of twenty-five dollars ($25) per day
for each day actually expended in the performance of his duties
and shall be reimbursed for actual per diem and necessary traveling
expenses as provided by state law.
"The advisory committee may request that the department of agri-
culture hold a public hearing as outlined in Section 27-235, to
assist it in gathering factual data and information on the special
problem(s) assigned it."
1. active ingredient 22.
2. adulterated
3. antidote
4. applicator 23.
5. beneficial insects 24.
6. commercial applicator 25.
7. commercial operator 26.
8. commissioner 27.
9. crop 28.
10. dealer 29.
11. defoliant 30.
12. department of agriculture 31.
13. department of health 32.
14. desiccant 33.
15. device 34.
16. environment 35.
17. equipment 36.
18. farm applicator 37.
19. fungi 38.
20. fungicide 39.
21. herbicide 40.
41.
home, yard, garden, home
orchard, tree or lawn
applicator
inert ingredient
ingredient statement
insect
insecticide
label
labeling
misbranded
nematocide
nematode
official sample
person
pest
pesticide
plant regulator
registrant
restricted use pesticide
retailer
rodenticide
weed
Violation of act, regulations, or obstructing duties of commissioner
is a misdemeanor; injunctive relief permissible; employees reveal-
ing formulas obtained in scope of employment subject to $500 fine
or year in jail, or both fine and imprisonment.
"Montana Pesticide Act" (1971)
[Mont. Rev. Codes Ann., s 27-213 to 27-245 (Supp. 1971)]
One act which covers registration, labeling, and use and application
of economic poisons. Sections on use and application are digested
supra. Repeals the Montana Insecticide, Fungicide, and Rodenticide
Act of 1947.
1972
26c
Montana
-------
NEBRASKA
Title (No pesticide use and application law)
Relevant laws Aeronautics
[Reissue Rev. Stat. Nebr., s 3-128 (1943)]
Authorizes the Department of Aeronautics to:
(1) "... issue appropriate certificates authorizing qualified
individuals to conduct aerial pesticide application opera-
tions ....
"The applicant, or, ... either the person employed by him
in direct charge ... or the person employed by him as chief
pilot ... or all persons employed by him as pilot . . .
shall possess the following qualifications:
(a) hold a valid Federal Aviation Administration commercial
certificate;
(b) have a current medical certificate;
(c) have three hundred fifty hours of solo and pilot-in-
command logged time;
(d) have five hours flight training in simulated aerial
pesticide application conducted, and certified to, by an
aerial pesticide applicator certificate holder; and
(e) have one season's actual experience in aerial pesticide
application work under the direct supervision of an
aerial pesticide applicator certificate holder, during
which he shall have acquired a minimum of forty hours
experience in aerial pesticide application, except that
the department may issue a certificate to an applicant
who fails to meet the requirements of subdivisions (d)
and (e) of this subdivision if, after examination by the
department, he demonstrates that he is possessed of the
necessary skills.
"To insure safety, additional training and qualification
criteria, financial responsibility requirements, and certif-
icate renewal procedures shall be as prescribed by rules and
regulations of the Department of Aeronautics.
(2) "... temporarily or permanently revoke any license or cer-
tificate of registration of an . . . aerial pesticide appli-
cator, ... or to refuse to issue any such license . . . when
it shall reasonably determine that any . . . aerial pesticide
applicator ... is not qualified, has willfully violated the
provisions of sections 3-101 to 3-154, the rules and regula-
tions prescribed pursuant thereto, or any other statute of
this state relating to aeronautics, or any act of Congress or
any rule or regulation promulgated pursuant thereto, is
1972 27a Nebraska
-------
addicted to the use of narcotics or other habit forming drug
or the excessive use of intoxicating liquor, has made any false
statement in an application for registration of a federal li-
cense certificate or permit, or has been guilty of other con-
duct, acts or practices dangerous to the public safety and the
safety of those engaged in aeronautics . . . ."
Economic Poison and Devices Law
[Rev. Stat. Nebr., s 2-2601 to 2-2611 (1962)]
Under provisions of this law "The director may, whenever he deems
it necessary for protection of public health, after public hearing,
restrict registration of certain economic poisons to specific
usages by pest control professionals."
Pest control professionals are defined as ". . . any person who
operates pest control equipment, applies economic poisons, or buys
and sells economic poisons for a valuable consideration."
1972 27b Nebraska
-------
- NEVADA
Title
Prohibited acts
Exemptions
Licensing
qualifications
application
examination
fees
issuance
classes
nonresidents
Financial
responsibility
Authority granted to:
issue regulations
enforce the act
delegate duties
restricted usage
inspect property
Custom Application of Pesticides
[Nev. Rev. Stat., s 555.260 to 555.460 (1967)]
Unlawful to engage in the business of applying pesticides by air-
craft or ground equipment unless licensed by the Executive Director
of the State Department of Agriculture. Includes application of
pesticides to structures.
Government research personnel applying pesticides to experimental
plots; farmers applying pesticides with ground equipment; persons
using hand-powered equipment to apply pesticides incidental to
yard and lawn care.
None established (see application).
On form supplied by Director providing information on applicant's
qualifications, proposed operations and other relevant matters.
Written.
$25 from each person applying for a license; operators, pilots and
agents, $10; public operators, no fee; penalty fee of $5 for late
renewal.
Licenses expire June 30 each year. Renewable upon application and
payment of license fee. Director may classify licenses and place
restrictions on licenses.
(1) aerial application, (2) agricultural, and (3) urban and
structural, each of which may be general or limited.
No reciprocity [repealed 1971].
Not less than $10,000 nor more than $200,000; except that the
Executive Director may accept insurance policy or surety bond
with deductible clause of $500 for aerial applicators, or $250
for all other applicators (provided applicator has no unsatisfied
legal claims in these amounts).
Yes.
Yes.
(See Chapter 561.245 NRS).
Yes.
Yes.
1972
28a
Nevada
-------
require records
cooperate with
others
publish
information
conduct courses
regulate storage,
transportation,
and disposal of
pesticides
require
compliance
with label
license
equipment
subpoena persons
or records
report losses
investigate
damages
require use
permits
require purchase
permits
license dealers
require reports
of pesticide
poisoning
adopt list of
restricted
pesticides
Pesticide board
Definitions
Yes.
(See Chapter 561.245 NRS.)
Yes.
Not specified in act.
Yes (see Nevada Pesticides Act).
Yes.
Not specified in act.
Not specified in act (provided elsewhere in statutes).
Within 60 days of date of knowledge of loss, and prior to time
50% of crop is harvested.
Yes.
Yes.
Yes.
Not specified in act. [Dealers subject to regulations under sale
of "restricted use pesticides."]
Not specified in act.
Yes.
None.
1. agent 9.
2. aircraft 10.
3. custom application of 11.
pesticides 12.
4. defoliant 13.
5. desiccant 14.
6. Executive Director 15.
(agriculture) 16.
7. fungi 17.
8. ground equipment 18.
insect
nematode
person
pest
pesticide
plant regulator
public operator
snails or slugs
weed
wildlife
Penalties
Violation of the act or regulations is a misdemeanor.
1972
28b
Nevada
-------
Relevant laws "Nevada Pesticides Act"
[Nev. Rev. Stat., s 586.010 to 586.450 (1964)]
1 'Nevada Food, Drug, and Cosmetic Act''
[Nev. Rev. Stat., s 585.010 to 585.550 (1964)]
Dangerous Caustic or Corrosive Substances
[Nev. Rev. Stat., s 586.460 to 586.520 (1964)]
1972 28c Nevada
-------
NEW HAMPSHIRE
Title
Prohibited acts
Exemptions
Licensing
qualifications
application
examination
fees.
issuance
nonresidents
Financial
res'po'hs ibil i ty
Authority granted to;
issue regulations
enforce the act
delegate duties
Pesticides Control Law
[N. H. Rev. Stat. Ann., s 149D.1 to 149D.11 (Supp. 1971)]
Unlawful to engage in commercial application of pesticides unless
registered with the Pesticides Control Board. Persons other than
commercial applicators must obtain a "permit." '..:
Governmental research and experimental work; application of pesti-^
cides around, under, or in the immediate vicinity of buildings by
the owner, provided crops raised therein are not offered for sale,
and ."restricted" pesticides are used only in accordance with
applicable restrictions and regulations.
Not specified in act other than "adequate knowledge of pesticides.1'1
On form provided by the Board. ; '
Required of .commercial applicators, permitees, and dealers. ' '
Annual registration certificate-$10. Permits issued without cost.
Dealers license $10. '
Renewal on calendar year basis; applicant for renewal must furnish'
simple, accurate record of his use of pesticides for -preceding .
calendar year. .Persons other than commercial applicators-required
to .obtain, at no cost, an annual written permit, renewable .upon :
furnishing record of preceding year's pesticide usage. ' .
Reciprocity provided. i i .-'.-. ,:...
A. Custom applicator ;..
1. Ground application:
public liability
property damage
property damage
2. Aerial application:
public liability
public liability
$40,000 each occurrence
$10,000 each occurrence
$25,000 aggregate
$50,000 each person
$100,000 each occurrence
Yes.
Yes.
Yes.
1972
29a
New Hampshire
-------
restrict usage Yes.
inspect property Yes.
require records Yes. [All aerial applications of pesticides to be reported within
7 days.]
cooperate with Not specified in act.
others
publish Not specified in act.
information
' ' conduct courses Not specified in act.
regulate storage, Yes. [See Economic Poison Law.]
transportation,
or disposal of
pesticides
require Yes.
compliance
with label
license Not specified in act.
equipment
subpoena persons Not specified in act.
or records
report losses Yes.
investigate Yes.
damages
require use Yes.
permits
require purchase Yes.
permits
license dealers Yes. [See Economic Poison Law.]
require reports Not specified in act.
of pesticide
poisoning
adopt list of Yes.
restricted
pesticides
Pesticide board "A pesticides control board is established to consist of the com-
missioner of agriculture, the director of the division of public
health services, the director of the division of resources develop-
ment, the director of the fish and game department, the state
entomologist, the executive director of the water pollution com-
mission, and four members appointed by the governor with the consent
of the council each for a term of three years and until his suc-
cessor is appointed and qualified. Of the original appointments
one member is for a term of one year, two for a term of two years,
and one for a term of three years. The governor, with the consent
of the council, shall make his appointments as follows: one from
the general public (not in any of the following two categories):
1972 29b New Hampshire
-------
Definitions
Penalties
Relevant laws
one person from a slate of three persons presented by the New
Hampshire Horticultural Society; one person from a slate of three
persons presented by the New Hampshire Arborists Association; and
one a recognized ecologist, preferably holding a doctorate in
ecology. The executive director of the water pollution commission
shall act as executive secretary to the board and shall coordinate
for the board the information and data developed by the water
pollution commission and department of agriculture relating to this
chapter. The board shall choose its own chairman. The four mem-
bers appointed by the governor and council are not entitled to
compensation for their services, but may receive reimbursement for
their necessary traveling and other expenses while engaged in actual
work of the board, and shall be paid from the monies appropriated
for the purposes of this chapter.
"The administration of clerical activities under this act is the
responsibility of the department of agriculture."
Law:
1. board
2. commercial application
3. commercial applicator
Regulation:
1. crew
2. disposal
3. drift
4. mechanically-powered
equipment
5. residue
6. surface waters or their
tributaries used for
public water supply
4. person
5. pest
6. pesticide
7. watershed of public
water supply
8. within, around, under,
or in the immediate
vicinity of buildings
by a property owner
or his agent
Violation of law or regulation subject to a fine of not more than
$500.
Economic Poison Law
[N. H. Rev. Stat. Ann., s 438.1 to 438.17 (1964)]
Food, Drug and Cosmetic Law
[N. H. Rev. Stat. Ann., s 146.1 et seq. (1964)]
New Hampshire Arborist Law
[N. H. Rev. Stat. Ann., s 222.1 et seq. (1964)]
Pest Control Compact
[N. H. Rev. Stat. Ann., s 437B1 to 437B7 (1964)]
1972
29c
New Hampshire
-------
NEW JERSEY
Title
Prohibited acts
Exemptions
Licensing
qualifications
application
examination
fees
issuance
nonresidents
categories
Financial
responsibility
Authority granted to;
issue regulations
enforce the act
delegate duties
restrict usage
inspect property
require records
cooperate with
others
publish
information
conduct courses
"Pesticide Control Act of 1971"
[N.J. Stat. Ann., s 13:1F-1 to 13:1F-14 (Supp. 1972)]
Unlawful to sell, purchase, transport, label, use or apply pesti-
cides which cause or may tend to cause adverse effects on man or
the environment contrary to orders, rules, and regulations of the
Commissioner of Environmental Protection; or to remove, dispose,
or use any detained or embargoed pesticide without permission of
the department.
Not specified in act.
Not specified in act.
Not specified in act.
Not specified in act.
Not specified in act.
Not specified in act.
No provision for reciprocity.
Not specified in act.
Not specified in act.
Yes.
Yes.
Yes.
Yes.
Yes (except private residences),
Not specified in act.
Yes.
Yes.
Yes.
1972
30a
New Jersey
-------
regulate storage,
transportation,
or disposal of
pesticides
license
equipment
subpoena persons
or records
report losses
investigate
damages
require use
permits
require purchase
permits
license dealers
require reports
of pesticide
poisoning
adopt list of
restricted
pesticides
Pesticide board
Yes.
Not specified in act.
Not specified in act.
Not specified in act (implied),
Not specified in act (implied),
Not specified in act (implied),
Not specified in act (implied).
Not specified in act (implied).
Not specified in act.
Yes.
"There is hereby created in the department of [a] Pesticide Control
Council which shall consist of nine members, three of whom shall be
the Secretary of Agriculture, the Commissioner of Health, the Dean
of the College of Agriculture and Environmental Science of Rutgers,
The State University, or their designees, who shall serve as ex
officio, and six citizens of the State representing the general
public to be appointed by the Governor, to serve at his pleasure,
of whom one shall be a farmer, one a toxicologist and one an ecolo-
gist. The Governor shall designate a chairman and a vice chairman
of the council from the public members who shall serve at the will
of the Governor . . .
"The Pesticide Control Council shall be the advisory body in the
Department of Environmental Protection in matters relating to the
control, regulation and use of pesticides and is empowered to:
a. Request from the commissioner such information concerning
pesticides as it may deem necessary;
b. Study and consider any matter relating to the improvement of
pesticide control programs and advise the commissioner thereon;
c. From time to time submit to the commissioner such recommen-
dations and reports which it deems necessary for the proper conduct
and improvement of pesticide control programs;
d. Study the use, application and disposal of pesticides and
advise the commissioner thereon;
e. Study pesticide control programs and make reports and rec-
ommendations thereon to the commissioner as it may deem necessary;
1972
30b
New Jersey
-------
f. Study any regulations promulgated by the department or any
other governmental entity in regard to the control of pesticides
and make such recommendations thereon to the commissioner as it
may deem appropriate;
g. Study and investigate the state of the art and the technical
capabilities and limitations of regulations concerning use and
control of pesticides and their relation to the environment and
ecology and report its findings and recommendations thereon to the
commissioner;
h. Study and investigate the need for programs for long range
technical support of pesticide control programs and report its
findings and recommendations thereon to the commissioner; and
i. Hold periodic public hearings concerning the use and appli-
cation of pesticides and upon the state of the art and technical
capabilities and limitations in pesticide control and report its
recommendations thereon to the commissioner ..."
Definitions 1. commissioner A. person
2. council 5. pesticide
3. department
Penalties Violation of the act or regulations subject to a penalty of not
more than $3,000 for each offense (to be collected in a civil
action); each day of violation to constitute a separate offense.
Relevant laws "New Jersey Economic Poison Act of 1951"
[N.J. Stat. Ann., s 4:8^-1 to A:8A-27 (1959)]
1972 30c New Jersey
-------
NEW MEXICO
Title
Prohibited acts
Exemptions
Licensing
qualifications
application
examination
fees
issuance
nonresidents
Financial
responsibility
Authority granted to:
issue regulations
enforce the act
delegate duties
restrict usage
inspect property
require records
cooperate with
others
"Pesticide Applicators Law"
[N.M. Stat. Ann., s 67-34-1 to 67-34-8 (1966)]
Unlawful to act, operate, do business, or engage in custom appli-
cation of pesticide unless licensed by the Board of Regents of New
Mexico State University.
(1) stump treatment
(2) ax frilling
(3) tree injection
(4) plant treatment adjacent to buildings
(5) termite and household insect control.
Must be found to be qualified by examination.
Required on form prescribed by Board.
Written examination required.
Examination - none; $25 annual fee for each unit of aerial applica-
tion equipment, and $10 annual fee for each unit of "any other
applicator."
Permits expire December 31. Renewable upon application made prior
to March 31. After March 31, written examination required.
No provision for reciprocity.
Act permits "reasonable" bond to be established by regulations.
Regulations require surety bond, cash bond, or liability insurance
in amounts of $10,000 for ground operations and $25,000 for air-
craft operations.
Yes.
Yes.
Yes.
Board may issue licenses for special categories and designated
pesticides to be used by licensee (see Regulatory Order No.2).
May inspect records and collect samples of pesticides after mixing.
Records must be kept for 2 years.
Not specified in act.
1972
31a
New Mexico
-------
publish
information
conduct courses
regulate storage,
transportation,
or disposal of
pesticides
require
compliance
with label
license
equipment
subpoena persons
or records
report losses
investigate
damages
require use
permits
license dealers
require reports
of pesticide
poisoning
adopt list of
restricted
pesticides
Pesticide board
Definitions
Penalties
Relevant laws
Not specified in act.
Not specified in act.
Not specified in act (see Regulatory Order No.2).
Not specified in act (see Regulatory Order No.2).
Yes - aerial, $25/unit; other, $10/unit.
Not specified in act.
Not specified in act.
Not specified in act.
Yes (see "Economic Poisons Act").
Not specified in act (impliedsee "Economic Poisons Act").
Not specified in act.
Yes (see "Economic Poisons Act").
9. ground equipment
10. herbicide
11. insect
12. insecticide
13. pesticide
14. person
15. weed
None.
1. aircraft
2. applicator
3. board
4. defoliant
5. desiccant
6. fungi
7. fungicide
8. custom application
of pesticides
Misdemeanor.
"New Mexico Economic Poisons Act of 1951"
[N.M. Stat. Ann., s 45-9-1 to 45-9-12 (1966)]
Commercial Exterminators and Fumigators Act
[N.M. Stat. Ann., s 12-1-23 (1953)]
Pest Control Act (Quarantine and Control Act)
[N.M. Stat. Ann., s 45-8-39 to 45-8-47 (1953)]
1972
31b
New Mexico
-------
NEW YORK
Title
Prohibited acts
Exemptions
Licensing
qualifications
application
examination
fees
issuance
nonresidents
Financial
responsibility-
Authority granted to;
issue regulations
enforce the act
delegate duties
restrict usage
inspect property
require records
cooperate with
others
publish
information
conduct courses
Custom Application of Pesticides
[N.Y. Envir. Con. Law, s 33-0901 to 33-0905 (1973)]
Unlawful to engage in custom application of pesticides unless
registered by the Commissioner of Environmental Conservation.
Farmer owner of ground equipment applying pesticides on own or
neighbor's land and not engaged in commercial application, and any
person applying pesticides with ground equipment on own premises.
Applicant must satisfy Commissioner that he has sufficient know-
ledge and experience concerning the proper use and application of
pesticides.
On form prescribed by Commissioner.
Not specified in act.
Established by regulation. Custom applicators $30.
Registration annually for the period April 1 through March 31 of
the following year. Registration may be cancelled or refused for
specified causes (including application of pesticides contrary to
the registered usage).
No provisions for reciprocity.
Applicant must satisfy Commissioner of his financial responsibility.
Yes.
Yes.
Not specified in act (Implied).
Yes.
Yes.
Yes.
Yes.
Not specified in act.
Not specified in act.
1972
32a
New York
-------
regulate storage,
transportation,
or disposal of
pesticides
require
compliance
with label
license
equipment
subpoena persons
or records
report losses
investigate
damages
require use
permits
require purchase
permits
license dealers
require reports
of pesticide
poisoning
adopt list of
restricted
pesticides
Pesticides board
Definitions
Penalties
Relevant laws
Yes; unlawful to store and dispose of pesticides and used pesticide
containers except in compliance with the rules and regulations of
the Commissioner. . > -
Yes.
Not specified in act (implied - identification "stickers" required
on equipment and vehicles).
Not specified in act.
Not specified in act.
Not specified in act.
Yes (same as "purchase" permit),
Yes.
Yes (unlawful to "deal" in restricted pesticides without a "com-
mercial permit").
Not specified in act.
Yes.
The Pesticides Board ceased to function when the new Department of
Environmental Conservation was formed and pesticides transferred
from the Department of Agriculture and Markets.
It aircraft
2. commissioner
3. custom application of
pesticides
4. ground equipment
5. pesticides
6. restricted use pesticide
(Section 33-0303)
Up to $50 per day for each day of operation without registration.
Economic Poison Law
[N.Y. Envir. Con. Law, s 33-0101 to 33-0721 and s 33-1301 to 33-1503
(1973)]
Treatment of State Waters with a Pesticide
[N.Y. Envir. Con. Law, s 15-0313(4)(a)(b)(c) (1973)]
Pesticides in Grape Vineyards (Protection of Grape Growing Areas)
[N.Y. Envir. Con. Law, s 33-1101 to 33-1105 (1973)]
1972
32b
New York
-------
NORTH CAROLINA
Title
Prohibited acts
Exemptions
Licensing
qualifications
application
examination
fees
issuance
"North Carolina Pesticide Law of 1971"
[N.C. Gen. Stat., s 143-434 to 143-470 (Supp. 1971)]
Unlawful:
a. Registration Law
to distribute, sell, or transport in 1NTRASTATE commerce pesti-
cides not registered with the Pesticide Board, not properly
labeled, not in the manufacturer's unbroken immediate container,
and (for certain ones) not properly colored; to detach, alter,
deface, or destroy any label; to add substances to or take material
from a pesticide; to reveal (with certain exceptions) or use for
own advantage any information gained when registering a pesticide.
b. Sale and Use Law
to engage in business as a pesticide dealer unless licensed
by the Pesticide Board; to engage in the business of pesticide
applicator or perform services as a pest control consultant, unless
licensed by the Pesticide Board.
a. Registration
Common carriers transporting pesticides, public officials per-
forming official duties, pesticides marked for experimental use
only, and pesticides manufactured to foreign customers' specifica-
tions for export.
b. Dealers and Applicators
None.
a. Dealers
2 years as employee or owner-operator in field of pesticide
sales, but may substitute, year for year, training in pesticides
or pest control received under college supervision, or a college
degree with training in entomology, plant pathology, weed science
or related subjects, including some practical experience.
"... shall be in the form and shall contain the information
prescribed by the Board . . . ."
Written, or oral and written, exam required to test applicants'
knowledge of pesticides, their usefulness and hazards, and the laws
and regulations relating to sale and use of pesticides.
Application fee $25; license renewal fee $25; delinquent re-
newal fee 25% penalty.
Calendar year license, expires December 31. Renewal must be
filed on or before January 1.
1972
33a
North Carolina
-------
b. Applicators and Consultants
qualifications
application
examination
fees
nonresidents
Financial
responsibility
Authority granted to;
issue regulations
enforce the act
delegate duties
restrict usage
inspect property
require records
cooperate with
others
publish
information
conduct courses
regulate storage,
transportation,
or disposal of
pesticides
require
compliance
with label
2 years experience as an employee or owner-operator in the
field of pesticide application or pesticide consulting, but may
substitute, year for year, training received under college super-
vision in lieu of experience; or a college degree, with training
in entomology, sanitary or public health engineering, plant patho-
logy, weed science or related subjects; including some practical
experience; or in the case of local public employees engaged in
public pest control, sufficient experience to satisfy the Board of
their qualifications.
"... shall be in the form and contain the information pre-
scribed by the Board . . . ."
Written or oral and written exam required to test applicants'
knowledge of the usefulness and hazards of pesticides^and the laws
and regulations regarding their control.
Application fee $25; aircraft inspection fee (each aircraft)
$10; ground equipment inspection fee $5; late filing fee 25%
penalty; lost license replacement $2.
Provision made for reciprocity provided nonresident meets
State financial responsibility requirements.
Surety bond, liability insurance or cash deposit required in;an
amount to be established by the Board. The Board may also require
a performance bond to assure protection in case of breach of con-
tract.
Yes.
Yes.
Yes.
'Yes.
Yes.
Yes.
Yes.
Yes.
Not specified in act.
Yes.
Yes.
1972
33b
North Carolina
-------
license Yes.
equipment
subpoena persons Yes.
or records
report losses Yes.
investigate Yes.
damages
require use Yes.
permits
require purchase Yes. ,
permits
license dealers Yes.
require reports Not specified in act.
of pesticide
poisoning ,
accept gifts Yes.
or grants
adopt list of Yes.
restricted
pesticides
Pesticide board "North Carolina Pesticide Board: creation and organization.
(a) There is hereby established the North Carolina Pesticide
Board which, together with the Commissioner of Agriculture,
shall be responsible for carrying out the provisions of this
Article.
(b) The Pesticide Board shall consist of seven members, to be
appointed by the Governor, as follows:
(1) One member each representing the North Carolina Depart-
ment of Agriculture, the North Carolina Department of
Health, and a State conservation agency. The persons
so selected may be either members of a policy board of
departmental officials or employees.
(2) A representative of the agricultural chemical industry.
(3) A person directly engaged in agricultural production.
(4) Two at-large members, from fields of endeavor other than
those enumerated in paragraphs (2) and (3) of this sub-
section, one of whom shall be a non-governmental con-
servationist.
(c) The members of the Pesticide Board shall serve staggered four-
year terms. Of the persons originally appointed, the members
representing State agencies shall serve two-year terms, and
the four at-large members shall serve four-year terms. All
members shall hold their offices until their successors are
appointed and qualified. Any vacancy occurring in the member-
ship of the Board prior to the expiration of the term shall be
filled by appointment by the Governor for the remainder of the
1972 33c North Carolina
-------
unexpired term. The Governor may at any time remove any
member from the Board for gross inefficiency, neglect of duty,
malfeasance, misfeasance or nonfeasance in office. Each
appointment to fill a vacancy in the membership of the Board
shall be of a person having the same credentials as his pre-
decessor.
(d) The Board shall select its chairman from its own membership,
to serve for a term of two years. The chairman shall have a
full vote. Any vacancy occurring in the chairmanship shall
be filled by the Board for the remainder of the term. The
Board may select such other officers as it deems necessary.
(e) Any action of the Board shall require at least four concurring
votes.
(f) The members of the Board who are not officers or employees of
the State shall receive for their services the per diem and
compensation prescribed in G.S. 138-5.(1971, c.832, s.l.)"
"Pesticide Board: functions.The Pesticide Board shall be the
governing board for the programs of pesticide management and con-
trol set forth in this Article. The Pesticide Board shall have
the following powers and duties under this Article:
(1) To adopt rules and regulations and make policies for the
programs set forth in this Article.
(2) To carry out a program of planning and of investigation into
long-range needs and problems concerning pesticides.
(3) To collect, analyze and disseminate information necessary for
the effective operation of the programs set forth in this
Article.
(4) To provide professional advice to public and private agencies
and citizens of the State on matters relating to pesticides,
in cooperation with other State agencies, with professional
groups, and with North Carolina State University and other
educational institutions.
(5) To accept gifts, devises and bequests and with the approval
of the Governor to apply for and accept grants from the
Federal Government and its agencies and from any foundation,
corporation, association or individual, and may comply with
the terms, conditions and limitations of the grant, in order
to accomplish any of the purposes of the Board, such grant
funds to be expended pursuant to the Executive Budget Act.
(6) To inform and advise the Governor on matters involving pesti-
cides, and to prepare and recommend to the Governor and the
General Assembly any legislation which may be deemed proper
for the management and control of pesticides in North
Carolina.
(7) To make annual reports to the Governor and to make such other
investigations and reports as may be requested by the Governor
or the General Assembly. (1971, c.832, s.l.)"
"Pesticide Advisory Committee: creation and functions.
(a) There is hereby authorized the establishment of the Pesticide
Advisory Committee, which shall assist the Board and the
1972 33d North Carolina
-------
Definitions
Penalties
Relevant laws
Commissioner in an advisory capacity on matters which may be
submitted to it by the Board or the Commissioner, including
technical questions and the development of rules and regula-
tions.
(b) The Pesticide Advisory Committee shall consist of fifteen
members to be appointed by the Board, as follows:
Three practicing farmers
One conservationist (at large)
One ecologist (at large)
One representative of the pesticide industry
One representative of agri-business (at large)
One local health director
Three members of the North Carolina State University
School of Agriculture and Life Sciences, at least one
of which shall be from the area of wildlife and/or
biology
One member each representing the North Carolina Depart-
ment of Agriculture, the North Carolina Department of
Health and a State conservation agency
One representative of a public utility or railroad
company which uses pesticides, or of the State Highway
Commission.
(c) Members of the Pesticide Advisory Committee shall serve at the
pleasure of the Board. The members who are not officers or
employees of the State shall receive regular State subsistence
and travel expenses. (1971, c.832, s.l.)"
1. active ingredient 20.
2. adulterated 21.
3. Board 22.
4. Commissioner 23.
5. Committee 24.
6. defoliant 25.
7. desiccant 26.
8. device 27.
9. engage in business 28.
10. equipment 29.
11. fungi 30.
12. fungicide 31.
13. herbicide 32.
14. inert ingredient 33.
15. ingredient statement 34.
16. insect 35.
17. insecticide 36.
18. label 37.
19. labeling 38.
land
manufacturer
misbranded
nematocide
nematode
person
pest control
consultant
pesticide
pesticide applicator
pesticide dealer
pesticide operator
plant regulator
public operator
registrant
restricted use pesticide
rodenticide
weed
wildlife
Violation of the act or regulations constitutes a misdemeanor sub-
ject to a fine of not less than $100, nor more than $1000, or
imprisonment for not more than 60 days, or both fine and imprison-
ment. Each day of violation following receipt of written notice
from the Board constitutes another violation.
Structural Pest Control Act of North Carolina of 1955
[N.C. Gen. Stat., s 106-65.22 to 106-65.33 (Supp. 1971)]
An act regulating those who control wood-destroying organisms and
household pests. Includes fumigators.
1972
33e
North Carolina
-------
Labeling of Household Cleaners
[N.C. Gen. Stat., s 66.85 to 66.88 (1966)]
An act to require that manufacturers of household cleaners which
contain volatile substances capable of producing toxic effects to
label such cleaners with a warning as to their contents and with
directions as to their safe use.
North Carolina Plant Pest Law
[N.C. Gen. Stat., s 106-419 .et se^. (1966)]
The act authorizes the Board of Agriculture to issue regulations
relating to the control of plant pests, including inspection;andt
quarantine. It includes regulation and licensing of plant nur-
series.
Protection of Forests Against Insect Infestations and Disease
[N.C. Gen. Stat., s 113-60.5 £t s§q_. (1966)] . ; ... :
Places authority and responsibility within the Department of Con-
servation and Development, Division of Forestry, for investigating
insect infestations or disease infections and devising or effecting
control measures.
1972 33f North Carolina
-------
NORTH DAKOTA
Title
Prohibited acts
Exemptions
Licensing
qualifications
application
examination
fees
issuance
nonresidents
Financial
responsibility
Authority granted to;
issue regulations
enforce the act
delegate duties
restrict usage
inspect property
require records
cooperate with
others
publish
information
Aerial Spraying (spraying, dusting, fertilizing, and insect control)
[N.D. Cent. Code, s 2-05-18 (I960)]
Unlawful to engage in aerial spraying without obtaining a license
for each aircraft from North Dakota Aeronautics Commission.
None, but certain privileges granted private pilot spraying on own
land.
Not specified in act except must comply with all regulations of
Aeronautics Commission.
Made on forms provided by Commission.
Not specified in act.
$15 for each aircraft.
License issued upon payment of fees and compliance with regulations.
Expires December 31 each year. May be revoked for cause.
Nonresidents may be licensed if they meet all the requirements of
North Dakota law and that of the State of residence.
Applicants must furnish affidavit that there are no unsettled
claims or unsatisfied judgments resulting from prior aerial pesti-
cide operations in North Dakota. Nonresidents must post bond in
amount equal to that of their State of residence.
License issued upon payment of fees and compliance with regulations.
Expires December 31 each year. May be revoked for cause.
Yes.
Not specified in act.
The act relates more to the mechanical aspects of pesticide appli-
cation than to the technical and chemical phases of pesticides.
Yes.
Yes.
Not specified in act.
Not specified in act.
1972
34a
North Dakota
-------
conduct courses
regulate storage,
transportation,
or disposal of
pesticides
require
compliance
with label
license
equipment
subpoena persons
or records
report losses
investigate
damages
Pesticide board
Definitions
Penalties
Relevant laws
Not specified in act.
Not specified in act.
Not specified in act.
Yes.
Not specified in act.
Report of loss through spraying by aircraft is required prior to
the time when 50% of the crops were harvested or within 60 days
from time damages noted.
Losses must be "verified."
None.
None.
As for a misdemeanor.
"Insecticide, Fungicide and Rodenticide Act of 1947"
[N.D. Cent. Code, s 19-18-01 to 19-18-11 (I960)]
Amended March 29, 1971; administered by the State Food Commissioner
and Chemist, State Laboratories Department.
"Livestock Medicine"
[N.D. Cent. Code, s 19-14-01 to 19-14-08 (I960)]
"Hazardous Substances Labeling Act"
[N.D. Cent. Code, s 19-21-01 to 19-21-10 (I960)]
Interstate Pest Control Compact
[N.D. Cent. Code, s 4-32-01 to 4-32-09 (I960)]
1972
34b
North Dakota
-------
OHIO
Title
Prohibited acts
Exemptions
Licensing
qualifications
application
examination
Pesticide Use and Application Act
[Ohio Rev. Code, s 921.41 to 921.53 (Supp. 1971)]
Unlawful to act as a (1) pesticide applicator, (2) pesticide opera-
tor, or (3) public operator unless licensed by the Director of
Agriculture.
Application by a person upon his own property or by individuals
upon land they lease for agricultural purposes, application by
State or Federal agencies, and government research personnel apply-
ing pesticides for experimental purposes (no exemption for a
"restricted use pesticide") and structural pest control.
Director must find "applicant qualified."
"... shall be made on a form prescribed by the Director . . .
shall state the applicant's qualifications . . . type of operation
. . . and other information ..."
"The Director shall require each applicant . . . to be examined
on his knowledge of the proper use and application of pesticides
fees
issuance
nonresidents
Financial
responsibility
Authority granted to:
issue regulations
enforce the act
delegate duties
restrict usage
Pesticide applicator $50; pesticide operator $10; public operator
no fee.
License issued upon applicant being found qualified. Licenses
expire on the last day of February; renewable upon payment of fee.
If application for renewal filed after March 1, penalty of 25%
added to fee. Director may determine that a new examination is
required. Licenses may be cancelled for listed violations of the
act or regulations.
Provisions made for reciprocity.
Pesticide applicators must furnish a ... surety bond, an effective
liability insurance policy, or such other evidence of financial
responsibility as the Director determines necessary ..." Actual
amounts established by regulation.
Yes.
Yes - specifically regarding storage and disposal of pesticides.
Not specified in act.
Yes - the Director shall adopt a list of "restricted use pesticides
. . . including DDT and dieldrin ..." and require a permit for
their use.
1972
35a
Ohio
-------
inspect property
require records
cooperate with
others
publish
information
conduct courses
regulate storage,
transportation,
or disposal of
pesticides
require
compliance
with label
license
equipment
subpoena persons
or records
report losses
investigate
damages
Pesticide board
Definitions
Yes.
Yes.
Not specified in act.
Not specified in act.
Not specified in act.
Commissioner may regulate storage and disposal.
Yes.
Not specified in act.
Not specified in act.
Yes.
Not specified in act.
"... There is hereby created an interagency pesticide advisory
council consisting of the Director of Agriculture or his designee,
who shall serve as chairman, the Director of Environmental Pro-
tection, the Director of Health, the Director of Natural Resources,
Dean of the College of Agriculture of the Ohio State University,
the Dean of the College of Biological Sciences of the Ohio State
University . . . the Director of the Ohio Agricultural Research
and Development Center . . . one member of the House of Representa-
tives and one member of the Senate ... to formulate policies
and coordinate efforts among State agencies . . .
"... The Director of Agriculture shall establish ... a committee
of not less than 5, nor more than 11, members to assist him in
establishing standards of training, examination and licensing of
. . . applicators or ... operators ..."
1. aircraft
2. beneficial insects
3. custom application
4. ground equipment
5. pest
6. pesticide
7. pesticide applicator
8. pesticide operator
9. public operator
10. restricted use pesticide
11. structure
12. wildlife
Penalties
The act also adopts by reference all of the definitions used in the
Economic Poison Act.
Violation of the law subject to a fine of not more than $200; sub-
sequent violations subject to a fine of not more than $400 or im-
prisonment for not more than one year, or both fine and imprison-
ment.
1972
35b
Ohio
-------
Relevant laws Economic Poison Law
[Ohio Rev. Code, s 921.11 et ^e£. (1954)]
Control Measures for Herbicides
[Ohio Rev. Code, s 921.06 to 921.07 (1954)]
Labeling Hazardous Substances
[Ohio Rev. Code, s 3716.01 to 3716.08 (1954);
1972 35c Ohio
-------
OKLAHOMA
Title
Prohibited acts
Exemptions
Licensing
qualifications
application
examination
fees
issuance
nonresidents
Financial
responsibility
Authority granted to:
issue regulations
enforce the act
"Oklahoma Pesticide Applicators Law"
[Okla. Stat., tit. 2, s 3-81 to 3-88 (1961)]
Unlawful to engage in custom application of pesticides without a
license from the State Board of Agriculture.
The act exempts the application of pesticides on lawns, trees,
shrubs, and in the control of termites and household insects.
These acts are covered under separate laws.
The Board must find the applicant "qualified" and possessing
"fitness" as an applicator.
The form prescribed by the Board shall contain information regard-
ing the applicant's qualifications and proposed operations and
"such other information as may be specified by the Board."
Written examination required.
Resident aerial applicator $25; nonresident aerial applicator $25
for each aircraft; other applicators $10 (same fee for renewal).
All permits expire at end'of calendar year and may be renewed,
without examination, if application for renewal is made before
March 1; otherwise, a written examination is required. Permits
may be suspended, cancelled, or revoked by the Board after granting
the licensee an opportunity for a hearing and upon finding certain
specified facts of wrongdoing.
Must appoint and file with the Board the name and address of a
resident "service agent;" otherwise, the Secretary of the Board of
Agriculture shall serve as the "service agent."
The amount, form, and sufficiency of the bond is subject to the
approval of the Board. (Present regulations require (1) $3,000
minimum for one or two aircraft, plus $1,000 for each additional
aircraft, (2) $1,000 for one ground spray unit, and (3) $3,000
for one aircraft and one ground unit, plus $1,000 for each addi-
tional aircraft or $500 for each additional ground unit (a nurse
tank used for serving one or several knapsack sprayers is a unit.)
Nonresident applicators' bond $15,000.
Yes. (Board may "make, adopt, or promulgate regulations and
standards for the custom application of pesticides, which shall
conform, as far as possible under existing State law, to the recom-
mendations of U.S. Department of Agriculture and of the Oklahoma
State University of Agriculture and Applied Science.")
Not specified in act.
1972
36a
Oklahoma
-------
delegate duties
restrict usage
inspect property
require records
cooperate with
others
publish
information
conduct
courses
regulate storage,
transportation,
or disposal of
pesticides
require
compliance
with label
license
equipment
subpoena persons
or records
report losses
investigate
damages
adopt list of
restricted
pesticides
Pesticide board
Definitions
Not specified in act.
Not specified in act.
Yes.
Yes. [Applicators are required to keep an accurate record on a
prescribed form, showing the time and place of each application,
and the name and address of the person for whom services were
performed. The application of a phenoxy herbicide requires sub-
mission (within 10 days) of specific information, including the
purpose, location, date, quantity, brand name, and manufacturer
of product used, as well as the wind direction and velocity at time
of application.]
Not specified in act.
Not specified in act.
Not specified in act.
Not specified in act.
Not specified in act.
Not specified in act.
Not specified in act.
Statement must be filed with Board of alleged damages, prior to
bringing suit for compensation.
Not specified in act.
Not specified in act.
None.
1. aircraft
2. applicator
3. board
4. custom application of
pesticides
5. defoliant
6. desiccant
7. fungi
8. fungicide
9. ground equipment
10. herbicide
11. insect
12. insecticide
13. person
14. pesticide
15. weed
Penalties
Violation of the act is a misdemeanor punishable by a fine of from
$100 to $300, or imprisonment in the county jail from 1 to 6 months,
or both fine and imprisonment.
1972
36b
Oklahoma
-------
Relevant laws Oklahoma Pesticide Law (Economic poison law)
[Okla. Stat., tit. 2, s 3-61 to 3-70 (Supp. 1970)]
Oklahoma Phenoxy Herbicide Law
[Okla. Stat., tit. 2, s 3-251 to 3-259 (Supp. 1970)]
Requires dealers who sell phenoxy herbicides to obtain permits and
keep records, and requires users who buy 1 quart or more of a
phenoxy herbicide to keep records and report to the State Depart-
ment of Agriculture upon request.
Wood Preservative Law
[Okla. Stat., tit. 2, s 2-301 to 2-309 (Supp. 1970)]
Requires commercial wood treatment operators to register with the
State Department of Agriculture and to comply with standards estab-
lished by the Department.
Ornamental Spraying and Pruning Law
[Okla. Stat., tit. 2, s 3-271 to 3-279 (Supp. 1970)]
Requires the licensing of persons who engage in the business of
spraying or pruning trees, shrubs, or weeds.
"Structural Pest Control Act"
[Okla. Stat., tit. 2, s 3-171 to 3-180 (Supp. 1970)]
Regulates persons who control pests in structures.
An act relating to food and feed products for human and animal con-
sumption . . .
[Okla. Stat., tit. 2, s 2-19 to 2-24 (Supp. 1970)]
Among other things, establishes an analytical laboratory and author-
izes the establishment of tolerances for pesticide residues in
foodstuffs. Permits staggering of renewal dates for licenses and
permits issued by the Department.
1972 36c Oklahoma
-------
OREGON
Title
Prohibited acts
Exemptions
Licensing
qualifications
application
examination
fees
issuance
"Oregon Pesticide Application Law"
[Ore. Rev. Stat., s 573.005 to 573.260 (1967)]
Unlawful to engage in the business of applying pesticides unless
licensed by the State Department of Agriculture.
The State of Oregon and its agents, counties, cities, municipal
corporations, irrigation and drainage districts, public utilities,
manufacturers, and governmental agencies using pesticides in
research; farmers and landowners; gardeners and caretakers using
manually operated equipment; retailers (unless demonstrating appli-
cation of pesticides); railroads (except when using volatile herbi-
cides in power equipment); manual laborers; and pollenicide appli-
cators.
18 years of age; experience as a trainee or with minimum educa-
tional qualifications, or unusual or active experience equal to
minimum standards.
To be made on forms approved by the Department.
Written examination required covering specific areas of pesticide
usage. EXCEPT - written examination not required for applicants
with 4 years of college, majoring in entomology or agronomy; a
trainee completing 1,000 hours experience; former licensees who
worked 3 months during a year in 2 out of the last 3 years.
Application or renewal $15; additional type of license: if made
at time of initial application $5if made later $10; reexamination
fee $5.
License issued upon notice that applicant has received a passing
grade. All licenses expire December 31. Delinquent renewal in-
vokes 20% penalty. Renewable upon payment of fee, when due.
Applicators delinquent over 30 days required to take written
examination. Persons applying for renewal who have not been
engaged in business for 6 months or since expiration of license,
not subject to penalty. Department may suspend, revoke, or refuse
to renew license of persons found to be in violation of act.
Regulations establish the following types of pesticide licenses:
Type 1 - Herbicide license
Type 2 - Insecticide-fungicide license
Type 3 - Structural pest and rodenticide license
Type A - Fumigation license
Choice of pesticides by licensees is limited to those normally used
or labeled for their special usage.
1972
37a
Oregon
-------
nonresidents
Financial
responsibility
Authority granted to;
issue regulations
enforce the act
delegate duties
restrict usage
inspect property
require records
cooperate with
others
publish
information
conduct courses
regulate storage,
transportation,
or disposal of
pesticides
require
compliance
with label
license
equipment
subpoena persons
or records
report losses
investigate
damages
adopt list of
restricted
. .pesticides
Pesticide board
"Special Applicator" and "Special Trainee" licenses issued without
cost to individuals in government employment. "Fumigators" re-
gistered with the State Board of Health^may be exempted from paying
license fee.
No provision for reciprocity.
Proof must be furnished to Department before issuance or renewal of
license. Not less than $25,000 bodily injury and $25,000 property
damages. Aircraft operators may be permitted to reduce, suspend,
or drop coverage during nonactive periods. Deductible amounts
(n.t.e. $1,000) may be permitted.
Yes.
Yes (Department of Agriculture).
Yes (Other State agencies may give examination.)
Yes.
Not specified in act.
Records must be kept for 3 years and report made to landowner, if
requested. Special records to be kept on "trainees."
Yes.
Yes.
Yes.
Not specified in act. An act of the 1969 legislature amends the
economic poison law to require persons storing, transporting, or
disposing of pesticide wastes to obtain a temporary permit from
the Department of Agriculture.
Not specified in act.
Not specified in act.
Not specified in act.
Must be filed within 60 days of knowledge of loss or prior to time
50% of crop is harvested.
Department may investigate extent and nature of damages and under-
take settlement but may not determine source, person responsible,
or amount of loss.
Yes.
None. Advice may be received from the Committee on Synthetic Chemi-
cals in the Environment. House Bill 1335 of the 1969 regular
1972
37b
Oregon
-------
Definitions
Penalties
Protected and
restricted areas
Relevant laws
session of the legislature established a Committee on Synthetic
Chemicals in the Environment consisting of 12 members representing
both industry and government (including the State Board of Health).
1. department 7.
2. herbicide 8.
3. insecticide 9.
4. landowner 10.
5. pesticide 11.
6, pesticide applicator 12.
pesticide equipment
pesticide operator
pesticide trainee
protected area
restricted area
weed
Violation'of act upon first conviction subject to a $1,000 fine or
1 year imprisonment, or both fine and imprisonment. Subsequent
convictions subject to a $2,000 fine, or 1 year imprisonment, or
both fine and imprisonment.
This act provides for the establishment and administration of geo-
graphical "protected areas" in which the use and application of
herbicides and insecticides are regulated by a governing body. The
governing body may regulate the time, place, manner, and method of
applying herbicides and insecticides to prevent damage or injury to
susceptible crops or insects. "Restricted areas" may also be
established on the perimeter of the "protected areas" to further
protect from drift of pesticides. The governing body has been
granted limited taxing authority to finance administration of the
"district."
Standards and Labels for Agricultural Chemicals
[Ore. Rev. Stat., s 634.211 to 634.990 (1967)]
Economic poison law.
Food, Drink, and Sanitation Laws
[Ore. Rev. Stat., s 616.005 to 616.990 (1967)]
Feeds, Fertilizers, and Seeds
[Ore. Rev. Stat., s 633.006 to 633.990 (1967)]
Drugs, Poisons, Caustics and Corrosives
[Ore. Rev. Stat., s 453.010 to 453.320 (1967)]
1972
37c
Oregon
-------
PENNSYLVANIA
Title No pesticide use and application law.
Relevant laws "Pennsylvania Pesticide Act of 1957" (Economic poison law)
[Pa. Stat. Ann., tit. 3, s 111.1 to 111.12 (1963)]
"Pennsylvania Grape Herbicide Act" (1965)
[Pa. Stat. Ann., tit. 3, s 214.51 to 214.55 (1963)]
Permits establishment of geographical areas, within which use of
herbicides may be restricted or prohibited.
Pest Control Compact (1967)
[Pa. Stat. Ann., tit. 3, s 214.41 to 214.47 (Supp. 1971)]
Provides for the entry of the Commonwealth into a compact with
other States relating to pest control.
1972 38 Pennsylvania
-------
RHODE ISLAND
Title
Prohibited acts
Exemptions
Licensing
qualifications
application
examination
fees
issuance
nonresidents
Financial
responsibility
Authority granted to;
issue regulations
enforce the act
delegate duties
restrict usage
inspect property
require records
cooperate with
others
publish
information
"The Rhode Island Pest Control Law" 1970
[R.I. Gen. Laws Ann., s 23-41-1.1 to 23-41-1.25 (Supp. 1972)]
Unlawful to use, sell, transport, or store a banned or restricted
pesticide unless licensed by the Department of Natural Resources;
commercial applicators required to be licensed, as are research
institutions who use pesticides.
None. (Veterinarians may use restricted pesticides on domestic
animals for treatment of external parasites.)
Must be thoroughly grounded in recognition of, and general knowledge
of, pesticide hazards.
As the Department may prescribe.
Oral or written.
$10 for initial license; $2 for renewal. EXCEPT - municipalities,
State agencies, or private persons applying pesticides to their own
premises, not subject to payment of fees.
Issued upon passing examination. Department may deny, suspend,
revoke, or modify any license for cause.
No provision for reciprocity.
Required in amounts to be set by regulation.
Yes.
Yes.
Yes.
Yes (DDT, dieldrin, lindane, BHC, endrin, aldrin, heptachlor, toxa-
phene, and chlordane are either banned or restricted by a special
provision in act).
Yes.
Yes.
Yes.
Not specified in act.
1972
39a
Rhode Island
-------
conduct courses
regulate storage,
transportation,
or disposal of
pesticides
require
compliance
with label
license
equipment
subpoena persons
or records
report losses
investigate
damages
adopt list of
restricted
pesticides
Pesticide board
Definitions
Penalties
Relevant laws
Not specified in act.
Yes.
Not specified in act (implied).
Not specified in act.
Not specified in act. .
Not specified in act.
Not specified in act.
Yes (hazardous pesticides).
"Technical Pesticide Advisory Board" established by act. The pur-
pose of the Board of seven members is to advise the director and to
review all rules and regulations prior to their becoming effective.
1. commercial application
2. commercial applicator
3. control
A. department
5. director
6. equipment
7. economic threshold
8. nontarget organism
9. person
10. pesticide
11. target organism
Violation of act is subject to a fine of not more than $500, or
imprisonment not exceeding 6 months, or both fine and imprisonment.
Economic Poison Law
[R.I. Gen. Laws Ann., s 2-8-1 to 2-8-28 (1957)]
"Rhode Island Food, Drug and Cosmetics Act"
[R.I. Gen. Laws Ann., s 21-31-1 to 21-31-23 (1968)]
1972
39b
Rhode Island
-------
SOUTH CAROLINA
Title No pesticide use and application law.
Relevant laws County licensing of structural pest control operators has been
authorized in legislation applying to Georgetown, Williamsburg,
Clarendon, and Greenwood Counties.
"South Carolina Economic Poison Law" (1954)
[S.C. Code of Laws, s 3-151 to 3-177 (1962)]
Pest Control Compact
[S.C. Code of Laws, s 3-191 to 3-197 (Supp. 1971)]
1972 40 South Carolina
-------
SOUTH DAKOTA
Title
Prohibited acts
Exemptions
Licensing
qualifications
application
examination
fees
issuance
nonresidents
Financial
responsibility
Authority granted to:
issue regulations
enforce the act
Aerial and Ground Spraying and Dusting Law
[S.D. Code, s 38.21.01 to 38.21.13 (I960)]
Unlawful to own, lease, pilot, or fly aircraft in disseminating
pesticides, or to represent to the public oneself as a commercial
ground applicator, without securing a permit from the Secretary of
Agriculture.
Regulations exempt personnel of South Dakota State Experiment Sta-
tion or other organizations designated by the Secretary.
Aircraft equipment and operators must comply with all State and
Federal aeronautical laws and regulations. Secretary may accept
endorsement from State Aeronautics Commission that applicant has
fulfilled these requirements.
Written application (under oath) required on a form provided by the
Secretary, containing such information as he may prescribe by regu-
lation. Applicant must also file affidavit that he has no out-
standing claims or unpaid judgments.
Regulations provide for an examination of applicants applying in-
secticides, herbicides, or fungicides on agricultural land, and for
a special examination for applicants applying parathion, TEPP,
Metacide, or other chemicals designated by the Secretary.
Application fee $5.
Regulations provide for class "A" and class "B" permits for air-
craft operators. Permits expire at end of the calendar year.
Special permits are required for application of pesticides within
10 rods of watered areas, and may be issued only after conference
with Director, Department of Game, Fish, and Parks. Permit may be
cancelled for cause, after notice and opportunity for a hearing.
Required to furnish performance bond in the amount of $3,000.
Applicant must certify that he has no unsettled claims or outstand-
ing judgments and that he has a net worth of at least $2,000.
Filing of suit against applicator must be reported to Secretary
within 10 days. Secretary may suspend permit until statutory
bonding requirements are met.
Yes. ". . .
lations . .
of this act
Yes.
the Secretary of Agriculture may adopt rules and regu-
. as ... may be necessary . . . for the administration
1972
41a
South Dakota
-------
delegate duties
restrict usage
inspect property
require records
cooperate with
others
publish
information
conduct courses
regulate storage,
transportation,
or disposal of
pesticides
require
compliance
with label
license
equipment
subpoena persons
or records
report losses
investigate
damages
Pesticide board
Definitions
Penalties
Relevant laws
Not specified in act.
Not specified in act.
Not specified in act.
Not specified in act.
Not specified in act.
Not specified in act.
Yes.
Not specified in act.
Not specified in act.
Not specified in act.
Not specified in act.
Not specified in act.
Not specified in act.
None.
None.
Violations of act are classified as misdemeanors.
"South Dakota Insecticide, Fungicide, and Rodenticide Act of 1947"
[S.D. Code, s 39.19.01 to 39.19.52 (I960)]
South Dakota Poison Law
[S.D. Code, s 22.1201 to 22.1206 (I960)]
Regulates the sale of certain poisonous chemicals by non-pharmacist
licensees.
1972
Alb
South Dakota
-------
Title
Prohibited acts
Exemptions
Licensing
qualifications
application
examination
fees
TENNESSEE
"Tennessee Pest Control Operators Act of 1972"
[Tenn. Code Ann., s 43-609 to 43-618 (Supp. 1972)]
[Chapter 854, Public Laws 1972]
Unlawful to engage in the business of pest control unless licensed,
chartered, or registered by the Department of Agriculture.
Any class of commercial pest control operators subject to other
specific "class" laws (e.g. aerial applicators) to the extent
covered by such other law; local, State or Federal operations;
legitimate experimental work; and owners on their own land.
Established by regulations of the Board. (Relatively high educa-
tional or experience requirements established by regulation.)
[Format of] Not specified in act. Must show qualifications and be
filed by 10th of month preceding date of examination.
Written, prescribed by the Pest Control Board (oral examinations
prohibited). Must be substantially uniform in content, difficulty,
and equity as to each class.
Charter - A. (general business license):
Gross Business
$ 1 - 50,000
50,001 - 100,000
100,001 - 150,000
150,001 and above
Fee
$ 50
100
150
200
Charter - B. (wood destroying organisms only): 10
License fee (for individuals in each category): 5
Operations fee (wood destroying organisms contracts):
Contract Amounts (fees in lieu of gross business fees):
Less than $ 75
$ 75 to 149
150 to 299
300 or more
Registration fee (employees except clerical): 3
Original examination fee None
Reexamination fee 25
1972
42a
Tennessee
-------
issuance
nonresidents
categories
Issued by Commissioner upon certification by the Board and after
collection of appropriate fees. Expires July 1, renewed on applica-
tion, provided applicant is in good standing.
Financial
responsibility
Authority granted to:
issue regulations
enforce the act
delegate duties
restrict usage
inspect property
require records
cooperate with
others
publish
information
conduct courses
regulate storage,
transportation,
or disposal of
pesticides
license
equipment
subpoena persons
or records
report losses
No provision for reciprocity.
1. Wood destroying organisms A.
2. Horticultural 5.
3. General pest and rodent control 6.
(a) household and commercial 7.
(b) nonrestricted
Performance bond:
Gross business
$ 1 - $ 50,000
50,001 - 75,000
75,001 - 100,000
100,001 - 200,000
200,001 and above
Liability insurance (also required)
$ 1 - 100,000
100,001 and above
Weed control
Fumigation
Consulting entomologist
Bird control
Amount
$ 5,000
10,000
15,000
20,000
25,000
$ 25,000/50,000 and
100,000 aggregate
$ 50,000/100,000 and
200,000 aggregate
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Not specified in act (implied),
Not specified in act (implied),
Not specified in act.
Yes.
Not specified in act (implied),
Yes.
Not specified in act.
1972
42b
Tennessee
-------
investigate
damages
require use
permits
require purchase
permits
license dealers
require reports
of pesticide
poisoning
adopt list of
restricted
pesticides
Pesticide board
Yes.
Not specified in act (implied),
Not specified in act.
Not specified in act.
Not specified in act.
Yes [Section 62-2120(4)].
"Pest Control Board. A seven (7) member Pest Control Board is
hereby created and established. Such Board shall consist of the
Assistant Commissioner of Agriculture, the Director of Entomology,
a member of the staff of a university of this state, two licensed
pest control operators and two Tennessee citizens who are not
associated in the pest control industry.
The Governor shall appoint the members of the Board to serve four
year terms, and, in the event of a vacancy, he shall appoint an
interim member to fill the unexpired portion of the previous mem-
ber's term.
For the terms beginning July 1, 1972, in order to stagger the terms
of the members, one pest control operator and one citizen, not
associated in such industry, shall be appointed for four (4) year
terms; one pest control operator and one citizen, not associated
in such industry, shall be appointed for three (3) year terms;
and the member from the staff of a university shall be appointed
for a two (2) year term.
No proxies, nor power to designate a representative to serve in the
place of a board member shall be allowed when this board sits as a
licensing examining board.
"Powers and Duties of Board: The Board shall have the following
powers and duties:
1. Advise the Department as to the promulgation of rules and
regulations.
2. Determine the different categories of service or classes
which will require separate charters or licenses, prescribe the
required qualifications for applicants for the various licenses
and charters, and devise or approve the necessary examinations or
testing procedures for the examination of applicants.
3. Certify the qualifications of such applicants to the Com-
missioner requesting issuance of a license.
4. The Board shall meet quarterly for the purpose of examining
and certifying applicants for licenses, and at any time when re-
quested by the Commissioner or by a majority of the Board. The
questions and answers of all examinations to determine the quali-
fications of those seeking to be licensed to engage in the various
1972
42c
Tennessee
-------
Definitions
Penalties
Relevant laws
classes of pest control shall be written. And all such examinations
shall be substantially uniform in content, difficulty, and equity as
to each of the various classes. A prohibition of oral examination
questions or answers is made, notwithstanding any provisions of the
laws or any promulgated rules to the contrary.
(A) By law:
1. branch office
2. charter (authority to do
business)
3. commercial pest control
operator
4. commissioner
(B) By regulation:
1. bird control
2. board
3. commissioner
4. consulting entomologist
5. examination
6. fumigation
5. license (authority to
"act")
6. office
7. pest
8. qualified operator
9. registration (authority
to "solicit")
7. general pest control and
rodent control
(a) household and commercial
(b) nonrestricted
8. horticultural
9. weed control
10. wood destroying organisms
Violation of the act is a misdemeanor, subject to a fine of not
less than $100 nor more than $500, or by imprisonment for not more
than 3 months or both fine and imprisonment. A second or subsequent
conviction subject to a fine or not less than $300, nor more than
$1,000 or by imprisonment for not more than 90 days, or both fine
and imprisonment.
"Tennessee Insecticide, Fungicide, and Rodenticide Law" (1951)
[Tenn. Code Ann., s 43-701 to 43-713 (1964)]
Economic poison law administered by the Department of Agriculture.
"Tennessee Food, Drug, and Cosmetic Act" (1941)
[Tenn. Code Ann., s 52-101 to 52-124 (1964)]
Administered by the Department of Agriculture. Section 52-114
includes control over pesticide chemicals and permits adoption of
regulations identical with Federal standards.
"Tennessee Hazardous Substances Act"
[Tenn. Code Ann., s 53-3712 to 53-3723 (1966)]
Pest Control Compact (1969)
[Tenn. Code Ann., s 43-2801 to 43-2808 (Supp. 1971)]
1972
42d
Tennessee
-------
TEXAS
Title No pesticide use and application law.
Relevant laws Texas Herbicide Law
[Tex. Rev. Civ. Stat., art. 135b-4 (1969)]
This act regulates the sale, use, and transportation of herbicides
and requires all applicators (those who apply herbicides to more
than 10 acres per year) to obtain a permit, and those who sell
herbicides in amounts over 1 pound (except up to 1 gallon of 10%
concentrate for lawn use) to be licensed by the Department of
Agriculture. Equipment used in custom application must also be
inspected and licensed. The law and regulations are very specific.
The County Commissioner's Court has the authority to place the
county under the regulation or to remove it from the regulated list..
Commercial applicators are required to maintain a minimum bond or
liability insurance in the amount of $20,000, plus $2,000 for each
piece of equipment.
"Insecticide, Fungicide, and Rodenticide Act of Texas"
[Tex. Rev. Civ. Stat., art. 135b-5 (1969)]
"Texas Structural Pest Control Act" (1971)
[Tex. Rev. Civ. Stat. Ann., art. 135b-6 (Supp. 1971)]
"Texas Food. Drug and Cosmetic Act"
[Tex. Rev. Civ. Stat. Ann., art. 4476-5 (1966)]
1972 43 Texas
-------
UTAH
Title
Prohibited acts
Exemptions
Licensing
qualifications
application
examination
fees
issuance
nonresidents
Financial
responsibility
Authority granted to:
issue regulations
enforce the act
delegate duties
restrict usage
inspect property
require records
cooperate with
others
publish
information
conduct courses
"Economic Poison Application Act of 1951"
[Utah Code Ann., s 4-4-1A to 4-4-29 (1953)]
Unlawful to engage in the application of pesticides unless licensed
by the Board of Agriculture.
Custom applicators whose compensation is less than $50/year.
"Adequate" knowledge required.
On form provided by Board, to include a list of equipment or de-
vices to be used in custom application.
Written examination required.
$5 (employees of governmental agencies exempt from payment of fee
but not from qualifications for license).
Issued upon finding applicant qualified. Expires on Dec. 31, an-
nual license fee of $5 for renewal. License may be suspended and
revoked for cause after opportunity for a hearing.
Board may issue a license without examination to a nonresident
licensed in a State having substantially same provisions as this
act.
Not specified in act.
Yes.
Yes.
Yes.
Yes (regulations restrict the use of certain pesticides in Millard
County).
Yes.
Yes.
Yes.
Yes.
Not specified in act.
1972
44a
Utah
-------
regulate storage,
transportation,
or disposal of
pesticides
require
compliance
with label
license
equipment
subpoena persons
or records
report losses
investigate
damages
adopt list of
restricted
pesticides
Pesticide board
Definitions
Penalties
Relevant laws
Not specified in act; however, disposal of pesticides is covered by
regulation.
Yes.
Not specified in act.
Not specified in act.
Not specified in act.
Not specified in act.
Yes. [Sec. 4-4-5 (2)]
None.
1. aircraft
2. board
3. custom applicator
4. economic poison
5. fungi
6. ground equipment
7. insect
8. person
9. pest control operator
10. weed
Violation of the act or regulations is a misdemeanor subject to a
fine of not more than $50 for first offense, and not more than
$500 for each subsequent offense.
"Insecticide, Fungicide, and Rodenticide Act of 1951"
[Utah Code Ann., s 4-4-1 to 4-4-13 (1953)]
"Utah Food, Drug, and Cosmetic Act"
[Utah Code Ann., s 4-26-1 to 4-26-26 (1971)]
See Sec. 4-26-10 re: pesticides.
1972
44b
Utah
-------
VERMONT
Title
Prohibited acts
Exemptions
Licensing
nonresidents
Financial
responsibility
Authority granted to:
issue regulations
enforce the act
delegate duties
restrict usage
inspect property
require records
^
cooperate with
others
publish
information
conduct courses
regulate storage,
transportation,
or disposal of
pesticides
require
compliance
with label
license
equipment
subpoena persons
or records
Control of Pesticides
[Vt. Stat. Ann., tit. 6, s 1101 to 1108 (1965)]
Unlawful to display, sell, apply, use, ship, store, or dispose of
economic poisons in violation of law or regulations. Use and sale
of DDT prohibited unless authorized by Commissioner of Agriculture.
None.
Requirements to be established by regulation. License fee may not
exceed $25.
Reciprocity permitted.
To be establshed by regulation but may not exceed $10,000.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Not specified in act.
Not specified in act.
Not specified in act.
Yes.
Yes.
Yes.
Not specified in act (implied),
1972
45a
Vermont
-------
report losses
investigate
damages
require use
permits
require purchase
permits
license dealers
require reports
of pesticide
poisoning
adopt list of.
restricted
pesticides
Pesticide board
Not specified in act.
Not specified in act.
Yes.
Yes.
Yes: '',..
Not specified in act (implied).
Yes.
i *
"Pesticide advisory council established
(a) The pesticide advisory council, as constituted by executive
order of January 12, 1967, is established as an adjunct to the
executive office. Members of the council shall be professionally
qualified individuals who, by experience and training, are know-
ledgeable in one or more areas associated with pesticides. One ...
staff member of each of the State departments or agencies listed
below, to be designated by the commissioner of the agency except
as otherwise provided, shall represent each department or agency on
the council:
(1) The fish and game department;
(2) The department of water resources;
(3) The department of agriculture;
(4) The department of .forests and parks;
(5) The department of health;
(6) The aeronautics board;
(7) One physician from the College of Medicine of the Univer-
sity of Vermont nominated by its dean;
(8) One representative in the area of entomology, plant pathol-
ogy or weed control from the University of Vermont Extension
Service to be named by the director; and
(9) One representative in the area of pesticide research from
the Vermont Agricultural Experiment Station named by the dean of
College of Agriculture of the University of Vermont.
(b) Each member of the council shall serve until his death or
resignation or until his successor is appointed or otherwise des-
ignated in accordance with this chapter.
(c) The chairman of the council shall be designated by the governor
and shall serve as his personal representative, and shall coordinate
activities on the council.
(d) The functions of the council are:
(1) To review insect, plant disease, weed, nematode, rodent,
noxious wildlife, and other pest control programs within the
State and to assess the effect of such programs on human health
and comfort, natural resources, water, wildlife, and food and
fibre production, and where necessary make recommendations for
greater safety and efficiency.
1972
A5b
Vermont
-------
Definitions
Penalties
Relevant laws
(2) To serve as the advisory group to the aeronautics board
relative to the safety and effectiveness of aerially applied
pesticides, and to such other State agencies having responsibil-
ities for the use and dispersal of pesticides.
(3) To advise the executive branch of State government with
respect to legislation concerning the use of various pest con-
trol measures.
(4) To suggest programs, policies, and legislation for wise and
effective pesticide chemical use in Vermont as the need arises.
(5) To prepare annually or more frequently as deemed necessary,
a summary of pesticides which because of their hazardous charac-
teristics or properties warrant special surveillance and stricter
control of availability and use.
(6) To control imports from out of state.
(e) The council shall meet biennially, once in the fall and once
in the spring. Meetings at other times may be called by the
governor, by the chairman or by a member of the council."
1. commissioner
2. cumulative
3. economic poison
4. pest
5. pesticide
Violation of the act or regulations subject to a fine of not more
than $500 for the first offense and not more than $500 for each
subsequent offense.
Pesticide Registration Act (Economic Poison Law)
[Vt. Stat. Ann., tit. 6, s 911 to 928 (1965)]
Control of Insect Pests and Plant Diseases
[Vt. Stat. Ann., tit. 6, s 981 et seq. (1965)]
Vermont Aeronautics Commission
[Vt. Stat. Ann., tit. 5, s 186 (1965)]
Labeling of Food, Drugs, Cosmetics and Hazardous Substances
[Vt. Stat. Ann., tit. 18, s 4051 to 4071 (1968)]
1972
45c
Vermont
-------
VIRGINIA
Title No pesticide use and application law.
Relevant laws "Virginia Pesticide Law"
[Va. Code Ann., s 3.1-189 to 3.1-249 (1966)]
[Formerly the "Virginia Insecticide, Fungicide, and Rodenticide
Act" (1950)]
This is an economic poison act which incorporates sections author-
izing the Commissioner to restrict or prohibit the sale or use of
economic poisons, and makes it unlawful to use a pesticide contrary
to label directions, or the regulations of the Board of Agriculture
and Commerce. Disposal of unused pesticides or pesticide containers
is also subject to regulation.
Interstate Pest Control Compact
[Va. Code Ann., s 3.1-188.1 to 3.1-188.19 (Supp. 1972)]
Hazardous Household Substances Law
[Va. Code Ann., s 3.1-250 to 3.1-261 (1966)]
1972 . 46 Virginia
-------
WASHINGTON
Title
Prohibited acts
Exemptions
Licensing
qualifications
application
examination
fees
categories
issuance
nonresidents
Financial
responsibility
Authority granted to:
issue regulations
"Washington Pesticide Application Act"
[Wash. Rev. Code, s 17.21.010 to 17.21.931 (1962)]
Unlawful to engage in the business of applying pesticides to the
land of another without a pesticide applicator's license. Includes
manual or mechanical application to crops, ornamentals, and struc-
tures. The act makes the State, municipal corporations and public
utilities subject to tort liability for their improper application
of pesticides.
Forest landowner or farmer owner applying pesticides to owned land
by ground equipment; landscape gardener; taking care of lawns and
yards; only those governmental employees engaged in research and
health officers engaged in pest control other than weed control.
The act also permits certain cities and counties to license and
regulate structural pest control operators, exterminators, and
fumigators operating within their jurisdictional limits (in addi-
tion to State licensing requirements).
Applicant must demonstrate knowledge of pesticide usage.
To be on form provided by Director and made on or before January 1.
The Director may not issue a license until applicant has passed an
examination.
Pesticide applicator $50; pesticide operator $10; non-scheduled
examination fee $5; over one apparatus license $10 each; dealer's
license fee $10; pest control consultant license fee $10; public
pest control consultant fee no charge; 25% penalty for delinquent
renewal; no fee for public operators.
The act provides that the Director may classify licenses. Such
classifications may include but not be limited to (1) pest control
operators, (2) ornamental sprayers, (3) agricultural crop sprayers,
and (A) right-of-way sprayers, with separate classifications of
ground, aerial, or manual application.
License issued upon passing examination and payment of fee. All
licenses expire December 31 and are renewable by application and
examination. License may be denied, suspended, or revoked for
cause.
No provision for reciprocity.
Not less than $25,000 for personal injury and $25,000 for property
damage. Deductible amounts may not exceed $500 for aerial appli-
cators and $250 for other applicants.
Yes.
1972
A7a
Washington
-------
enforce the act
delegate duties
restrict usage
inspect property
require records
cooperate with
others
publish
information
conduct courses
regulate storage,
transportation,
or disposal cf
pesticides
require
compliance
with label
license
equipment
subpoena persons
or records
report losses
investigate
damages
require use
permits
require purchase
permits
license dealers
require reports
of pesticide
poisoning
adopt list of
restricted
pesticides
Pesticide board
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Not specified in act. [See RCW 15.58.370]
Not specified in act.
Yes. [See RCW 15.58.040(E)]
Yes.
Yes.
Yes.
Yes. Within 60 days of knowledge of loss, or prior to harvest of
50% of damaged crop.
Yes. The Department of Social and Health Services shall investigate
all suspected human cases of pesticide poisoning.
Yes. [See RCW 15.58.150(2)(A) and RCW 17.21.030(1)(C)]
Yes. [See RCW 15.58.150(2)(A)]
Yes. [See RCW 15.58.180]
Yes. [Department of Social and Health Service legislation.]
Yes. [See RCW 15.58.040(2)(h); WAC 16-222-145 and WAC 16-222-160]
"There is hereby created a pesticide advisory board consisting of
three licensed pesticide applicators residing in the State . . .
(one shall be licensed to operate ground apparatus, one shall be
licensed to operate aerial apparatus, and one shall be licensed for
structural pest control), one entomologist in public service . . .
one toxicologist in public service, one plant pathologist in public
service, one member from the agricultural chemical industry, one
member from the food processing industry, . . . and two producers
1972
47b
Washington
-------
Definitions
Penalties
Relevant laws
of agricultural crops or products on which pesticides are applied
or which may be affected by the application of pesticides. Such
members shall be appointed by the governor for terms of four years
and may be appointed for successive four year terms at the discre-
tion of the governor. The governor may remove any member of the
board prior to the expiration of his term of appointment for cause
.... The board shall also include the environmental health
specialist from the division of health of the department of social
and health services, the supervisor of the grain and chemical divi-
sion of the department, and the directors, or their appointed
representatives, of the departments of game, fisheries, natural
resources, and ecology."
1. agricultural crops
2. apparatus
3. board
4. defoliant
5. department
6. desiccant
7. device
8. director
9. engage in business
10. fungi
11. fungicide
12. herbicide
13. insect
14. insecticide
15. land
16. nematode
17. nematocide
18. person
19. pest
20. pesticide
21. plant regulator
22. restricted use
pesticide
23. rodenticide
24. snails or slugs
25. weed
Violation of the law or regulations constitutes a misdemeanor upon
the first offense and a gross misdemeanor upon a second or subse-
quent offense. An offense committed 5 years after a previous con-
viction is a first offense.
"Washington Pesticide Control Act" (Economic Poison Law)
[Wash. Rev. Code, s 15.58.010 to 15.58.930 (Supp. 1971)]
Provides authority for licensing dealers and consultants.
1972
47c
Washington
-------
WEST VIRGINIA
Title No pesticide use and application law.
Relevant laws "Pesticide Act of 1961" (Economic Poison Law)
[W. Va. Code Ann., s 19-16A(1-13) (1966)]
"The Interagency Pesticide Committee Act"
[W. Va. Code Ann., s 19-12C(l-7) (1966)]
Represents State departments of agriculture (chairman), natural
resources, public health, agricultural experiment station, and air
pollution control. This is an advisory committee, without adminis-
trative or operational authorities or responsibilities, whose duties
are to review current use of pesticides, review State pesticide
programs, consider problems arising from pesticide use, recommend
pesticide control legislation to the Governor, and advise on and
approve all programs involving use of pesticides on State property.
1972 48 West Virginia
-------
WISCONSIN
Title No pesticide use and application law.
Relevant laws Pesticide Review Board
[Wis. Stat., s 15.195 (1967)]
Creates Board and defines authority. "... There is created in
the department of health and social services a pesticide review
board. The review board shall consist of the secretary of agricul-
ture, the secretary of natural resources and the secretary of health
and social services, or their designated representatives ....
"... the department of natural resources . . . may adopt rules
governing the use of pesticides [hazardous to wildlife] . . . such
rules are not effective until approved by the pesticide review
board ....
"... the department of agriculture may adopt rules ... to gov-
ern the conditions under which containers of pesticides may be
transported, stored, or disposed of ... to govern the use of
pesticides, including their formulation, and to determine the times
and methods of application and other conditions of use . . . such
rules are not effective until approved by the pesticide review
board. ..."
Distribution and sale of DDT prohibited
[Wis. Stat., s 13A.67 (1967)]
Prohibits sale or use of DDT, except under certain situations when
authorized by the Pesticide Review Board.
Wisconsin Pesticide Law (Economic Poison Law)
[Wis. Stat., s 94.67 to 94.71 (1967)]
1972 49 Wisconsin
-------
WYOMING
Title No pesticide use and application law.
Relevant laws Aerial Spraying
[Wyo. Stat. Ann., s 10-4 to 10-9 (1957)]
Requires annual registration of all aerial applicators, keeping of
certain records of each application, specific safety devices on
aircraft, etc.
Wyoming Pesticide Law (Economic Poison Law)
[Wyo. Stat. Ann., s 35-254 to 35-262 (1957)]
Weed and Pest Control Districts
[Wyo. Stat. Ann., s 11-55.1 to 11-55.20 (1957)]
1972 50 Wyoming
-------
PUERTO RICO
Title
Prohibited acts
Exemptions
Licensing
qualifications
application
examination
fees
issuance
nonresidents
Financial
responsibility
Authority granted to:
issue regulations
enforce the act
delegate duties
restrict usage
inspect property
require records
cooperate with
others
publish
information
"An Act to regulate the commercial application of insecticides
and/or economic poisons in Puerto Rico" (1966)
[P.R. Laws Ann., tit. 10, s 976 to 976(n) (1963)]
Unlawful to engage in the application of pesticides for profit un-
less licensed by the Secretary of Health.
Public :officers engaged in fumigation in discharge of official
duties, and owners or legal holders, engaged in fumigation tasks
on their own land or structures.
Be "of age" and in "good repute" in the community.
Filed with the Department of Health, on form provided.
Written examination may be required.
Application fee $5; license $15; renewal fee $10.
License issued by the Secretary upon finding applicant "... meets
the requirements of law." Licenses expire 1 year after issuance.
Renewable by application, accompanied by (1) certification that
pesticides to be used will be only those registered by the Depart-
ment of Agriculture, (2) proof that all supervising employees have
experience, ability, and skill in applying pesticides, (3) proof of
insurance, and (4) payment of the fee for renewal.
Must be licensed under this act.
Not less than $50,000 for one person, or $100,000 for one occurrence.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Not specified in act.
Not specified in act.
1972
51a
Puerto Rico
-------
conduct courses
regulate storage,
transportation,
or disposal of
pesticides
require
compliance
with label
license
equipment
subpoena persons
or records
report losses
investigate
damages
Pesticide board
Definitions
Penalties
Relevant laws
Not specified in act.
Not specified in act.
Not specified in act (implied).
Not specified in act.
. ' : I
Not specified in act. . , .
Not specified in act.
Not specified in act. .. .:
Secretary of Health is authorized to appoint a five-member advisory
board consisting of representatives of; the departments of health,
labor, and agriculture, and.two licensed.pesticide applicators.
1. economic poison
2. for profit
3. person , ;
4. regulations
5. secretary
Application of pesticides by persons not authorized by Secretary
is a misdemeanor, subject to a:fine of not less than $100, nor more
than $500 for first offense; and not less than $200, nor more than
$1,000 for each subsequent offense.
Violation of the act or regulations by licensed applicators is a
misdemeanor subject to a fine of not less than $100, nor more than
$500 for first offense; and a fine of not less than $300, nor more
than $2,000, for each subsequent offense; and/or by the suspension
of license.
"Economic Poison Act"
[P.R. Laws Ann., tit. 5, s 1001 to 1013 (1963)]
Herbicide Use and Application Law
[P.R. Laws Ann., tit. 5, s 1014 to 1016 (1963)]
1972
51b
Puerto Rico
-------
VIRGIN ISLANDS
Title No pesticide use and application law.
Regulations have been issued under authority of the Virgin Islands
Code (19 V.I.C. s 1571) relating to insect and pest control. The
following are relevant:
". . .It shall be unlawful for any person to perform any work of
fumigation or other prevention or control of pests, vermin or
noxious plants without a permit therefore issued by the Commissioner
(of Health). No permit shall be issued, however, unless the Com-
missioner is satisfied that the applicant and all his employees or
agents to be engaged in the performance of the work are qualified
to do such work by training and experience and are equipped with
safe equipment and techniques for disposing of fumigants and other
poisons.
"... Use of chemicals. Poisons and repellents when used by
owners, operators, or others in business establishments or public
buildings or when applied by professional pest control operators
shall be of a type and in a manner approved by the Health Officer.
"... only duly authorized and trained personnel shall be per-
mitted to treat premises or buildings under the provisions of these
regulations. Adequate precautionary measures shall be taken to
protect the occupants of such premises and/or buildings from the
effects.of poisonous or harmful materials employed in treatments."
1972 52 Virgin Islands
-------
AMERICAN SAMOA
Title
Selected
sections
Economic Poisons
[Code Amer. Samoa, tit. xx, s 20.0801 et seq.]
[20.0803] "The Director of Agriculture may:
"(a) Ban the importation of such fungicides, herbicides and
insecticides in addition to DDT, as he shall find to constitute a
danger to people, animals or crops ....
(b) Sets forth requirements for the labeling of fungicides,
herbicides, and insecticide containers so that the users of these
products may be informed of their proper use, of any dangers in
case of misuse, and of the methods for immediate treatment of per-
sons harmed through misuse.
(c) Requires that fungicide, herbicide, or insecticide vendors
personally inform purchasers of these products of their proper use
and dangerous potential prior to sale."
[20.0804] "Age restrictions. Sale of any fungicide, herbicide or
insecticide to persons under the age of eighteen (18) is pro-
hibited."
[20.0801] Definitions:
1. fungicide
2. herbicide
3. insecticide
1972
53
American Samoa
-------
GUAM
Title Economic Poison Law
1972 54 Guam
-------
STATE PESTICIDE CONTROL LAWS (January 1, 1973)
STATE
REGISTRATION
USE AND APPLICATION I/
Alabama
"Alabama Pesticide Act of 1971"
[Code of Ala., tit. 2, s 337(9a) to 337(9n)
(Supp. 1971)]
Custom Application of Pesticides
[Code of Ala., tit. 2, s 337(12a) to 337(12n)
(Supp. 1971)]
Requirements for persons performing professional
work or services pertaining to entomology, patho-
logy, horticulture, floriculture, and tree surgery
[Code of Ala., tit. 2, s 671 to 677 (I960)]
Alaska
Ui
(B
Environmental Conservation (Pesticide Control)
[Alaska Stat., s A6.03.320 et se^. (1971)]
Environmental Conservation (Pesticide Control)
[Alaska Stat., s 46.03.320 e^ sea.. (1971)]
Arizona
"Arizona Pesticides Act" (Economic poison law)
[A.R.S., tit. 3-341 to 3-357
"Arizona Pesticide Use and Application Act"
[A.R.S., tit. 3-371 to 3-390 (Supp. 1972)]
Structural Pest Control
[A.R.S., tit. 32-2301 to 32-2325 (Supp. 1972)]
Arkansas
Economic Poison Act
[Ark. Stat. Ann., s 77-201 to 77-213 (1957)]
Arkansas Agricultural Application Service Act
[Ark. Stat. Ann., s 77-214 to 77-226 (1957)]
"Arkansas Pest Control Law"
[Ark. Stat. Ann., s 77-1801 to 77-1811 (1957)]
California
Economic Poisons
[West's Ann. Agric. Code, s 12751 to 12994
(1967)]
California Agricultural Code
[Cal. Agric. Code, s 11401 to 12121 (Supp. 1973)]
-------
STATE
REGISTRATION
USE AND APPLICATION I/
California
(cont'd)
Restricted Materials Law (2,4-D, 1080, thallium,
etc.)
[West's Ann. Agric. Code, s 14001 to 14098 (1967)]
Pesticide Poisoning
[West's Ann. Health & Safety Code, s 2950 (1970)]
Structural Pest Control Act
[West's Ann. Bus. & Prof. Code, s 8500 to 8697.6
(1964)]
Ui
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"
Colorado
"The Pesticide Act" (Economic poison law)
[Colo. Rev. Stat., s 6-12-1 to 6-12-16 (1963);
"Commercial Pesticide Applicator's Act"
[Colo. Rev. Stat., s 6-14-1 to 6-14-22 (1967)]
"Structural Pest Control Act"
[Colo. Rev. Stat., s 6-18-1 to 6-18-19 (Supp.
1971)]
Connecticut
Pesticide Control (Economic poison law)
[Gen. Stat. Conn., s 19-300(a) to 19-300(j)
(1958)]
Custom application of pesticides
[Gen. Stat. Conn., s 19-300(k) to (s) (Supp.
1971)]
Tree Expert Law
[Gen. Stat. Conn., s 23-61 et seq. (1958)]
Delaware
Chapter 12. Pesticides
[Delaware Code, tit. 3, s 1201 to 1219 (1971)]
Chapter 12. Pesticides
[Delaware Code, tit. 3, s 1201 to 1219 (1971)]
Florida
"Florida Pesticide Law"
[Fla. Stat. Ann., s'487.011 to 487.114 (1965)]
"Florida Pesticide Law"
[Fla. Stat. Ann., s 487.011 to 487.114 (1965)]
"Pest Control Act"
[Fla. Stat. Ann., s 482.001 to 482.25 (1965)]
-------
STATE
REGISTRATION
USE AND APPLICATION I/
Georgia
"Georgia Economic Poison Act"
[Ga. Code Ann., s 5-1502 to 5-1516 (1962)]
"Georgia Pesticide Use and Application Act"
[Ga. Code Ann., s 5-1501a to 5-1523a (Supp. 1972)]
"Structural Pest Control Act"
[Ga. Code Ann., s 84-3401 to 84-3420 (1962)]
Hawaii
Ul
Ul
o
Idaho
"Hawaii Pesticides Law"
[Hawaii Rev. Laws, s 149A-1 to 149A-43 (Supp.
1972)]
"Pesticide Law"
[Idaho Code, s 22-3401 to 22-3416 (1968)]
"Hawaii Pesticides Law"
[Hawaii Rev. Laws, s 149A-1 to 149A-43 (Supp.
1972)]
Fumigation
[Hawaii Rev. Laws, s 450-1 to 450-12 (1955)]
(Structural) Pest Control Operators
[Hawaii Rev. Laws, s 460J-1 to 460J-27 (Supp.
1972)]
"Pesticide Use and Application Law"
[Idaho Code, s 22-2208 to 22-2223 (1968)]
Illinois
"Economic Poison Law"
[111. Ann. Stat., ch. 5, s 87(c)(l) to 87(c)(13)
(1966)]
Custom Application of Pesticides
[111. Ann. Stat., ch. 5, s 87(d)(l) to 87(d)(17)
(1966)]
Use and Application of 2,4-D and Related Herbicides
[111. Ann. Stat., ch. 5, s 87(a)(1) to 87(a)(8)
(1966)]
"Pesticides Control Law"
[111. Ann. Stat., ch. 5, s 256 to 267 (1969)]
Tree Experts
[111. Ann. Stat., ch. 5, s 163 to 187 (1966)]
-------
STATE
REGISTRATION
USE AND APPLICATION I/
Indiana
Pesticides
[Burns Ind. Stat. Ann., s 15-2701 to 15-2736
(Supp. 1972)]
Pesticides
[Burns Ind. Stat. Ann., s 15-2701 to 15-2736
(Supp. 1972)]
Iowa
"Pesticide Act of Iowa"
[Iowa Code Ann., s 206.1 to 206.13 (Supp. 1972)]
"Pesticide Act of Iowa"
[Iowa Code Ann., s 206.1 to 206.13 (Supp. 1972)]
Chemical Technology Commission
[Iowa Code Ann., s 1119.101 to 1119.106 (Supp.
1971)]
Kansas
Ul
Ul
O.
"Kansas Agricultural Chemical Act of 1947"
[Kan. Stat. Ann., s 2-2201 et seq. (1964)]
"Kansas Pesticide Use Law"
[Kan. Stat. Ann., s 2-2414 to 2-2436 (Supp. 1971);
"Kansas Pest Control Act"
[Kan. Stat. Ann., s 2-2401 et. se£. (1964)]
Kentucky
Kentucky Economic Poison Law
[Ky. Rev. Stat., s 217.540 to 217.640 (1969)]
"Kentucky Pesticide Use and Application Act of
1972"
[Ky. Rev. Stat., s 217B.010 to 217B.990 (1972)]
Kentucky Termite and Pest Control Industry Law
[Ky. Rev. Stat., s 249.250 to 249.340 (1962)]
Kentucky Department of Aeronautics KAV-5
"Aerial Applicators"
Louisiana
Economic Poison Law
[La. Rev. Stat., s 3-1601 to 3-1609 (1951)]
Custom Application of Pesticides
[La. Rev. Stat., s 3-1622 to 3-1634 (1951)]
"Structural Pest Control Law"
[La. Rev. Stat., s 40-1261 to 40-1274 (1965)]
Louisiana Horticulture Laws
[La. Rev. Stat., s 37-1961 to 37-1975 (1964)]
-------
STATE
REGISTRATION
USE AND APPLICATION I/
Maine
"Maine Economic Poison Law"
[Me. Rev. Stat. Ann., tit. 7, s 581 et seq.
(1964)]
Board of Pesticides Control
[Me. Rev. Stat. Ann., tit. 22, s 1451 to 1465
(1964)]
[Public Laws 1969, ch. 479]
Maryland
"Maryland Pesticide Law of 1958"
[Ann. Code of Md., art. 48, s 129 to 139 (1965)]
Maryland Pesticide Applicators Law
[Ann. Code of Md., art. 66C, s 110A et seq.
(1970)]
Massachusetts
Pesticides Law (Economic Poison Law)
[Mass. Ann. Laws, ch. 94B, s 11 to 21 (1967)]
Pesticide Board - Application of Pesticides
[Mass. Ann. Laws, ch. 94B, s 21A to 22 (1967)]
Division of Environmental Protection
[Mass. Ann. Laws, ch. 12, s 11D (Supp. 1972)]
[Acts 1972, ch. 781]
Michigan
"Michigan Insecticide, Fungicide, and Rodenticide
Act of 1949"
[Mich. Stat. Ann., s 12.352 (1967)]
Pesticide Applicator's Law
[Mich. Stat. Ann., s 12.353 (1967)]
Michigan 2,4-D Act
[Mich. Stat. Ann., s 12.366 (1967)]
Minnesota
Minnesota Economic Poisons and Devices Law
[Minn. Stat., s 24.069 to 24.077 (1969)]
Minnesota Spraying and Dusting Law
[Minn. Stat., s 18.031 to 18.036 (1969)]
Structural Pest Control
[Minn. Stat., s 18A.01 to ISA.11 (1969)]
Mississippi
"Mississippi Economic Poison Act of 1950"
[Miss. Code Ann., s--5000-01 to 5000-14 (1957)]
"Agricultural Aviation Licensing Act of 1966"
[Miss. Code Ann., s 5011-01 to 5011-15 (1957)]
Application of Hormone-type Herbicides by Aircraft
[Miss. Code Ann., s 5000-21 to 5000-33 (1957)]
-------
STATE
REGISTRATION
USE AND APPLICATION I/
Mississippi
(cont'd)
Mississippi Pest Control Law (Professional
Services)
[Miss. Code Ann., s 5006 to 5011 (1957)]
Missouri
"Missouri Economic Poison Law of 1955"
[Mo. Rev. Stat., s 263.270 to 263.380 (1969)]
Montana
"Montana Pesticide Act" (1971)
[Mont. Rev. Codes Ann., s 27-213 to 27-245 (Supp.
1971)]
"Montana Pesticide Act" (1971)
[Mont. Rev. Codes Ann., s 27-213 to 27-245 (Supp.
1971)]
Ui
Ul
Nebraska
Economic Poison and Devices Law
[Rev. Stat. Nebr., s 2-2601 to 2-2611 (1962)]
Aeronautics
[Reissue Rev. Stat. Nebr., s 3-128 (1943)]
Nevada
"Nevada Pesticides Act"
[Nev. Rev. Stat., s 586.010 to 586.450 (1964)]
Custom Application of Pesticides
[Nev. Rev. Stat., s 555.260 to 555.460 (1967)]
New Hampshire
Economic Poison Law
[N.H. Rev. Stat. Ann., s 438.1 to 438.17 (1964)]
Pesticides Control Law
[N.H. Rev. Stat. Ann., s 149D.1 to 149D.11 (Supp.
1971)]
New Jersey
"New Jersey Economic Poison Act of 1951"
[N.J. Stat. Ann., s 4:8A-1 to 4:8A-27 (1959)]
"Pesticide Control Act of 1971"
[N.J. Stat. Ann., s 13:1F-1 to 13:1F-14 (Supp.
1972)]
New Mexico
"New Mexico Economic Poisons Act of 1951"
[N.M. Stat. Ann., s 45-9-1 to 45-9-122 (1966)]
"Pesticide Applicators Law"
[N.M. Stat. Ann., s 67-34-1 to 67-34-8 (1966)]
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STATE
REGISTRATION
USE AND APPLICATION I/
New Mexico
(cont'd)
Commercial Exterminators and Fumigators Act
[N.M. Stat. Ann., s 12-1-23 (1953)]
New York
Economic Poison Law '
[N.Y. Envir. Con. Law, s 33-0101 to 33-0721 and
33-1301 to 33-1503 (1973)]
Custom Application of Pesticides
[N.Y. Envir. Con. Law, s 33-0901 to 33-0905 (1973)]
Treatment of State Waters with a Pesticide
[N.Y. Envir. Con. Law, s 15-0313(4)(a)(b)(c)
(1973)]
Pesticides in Grape Vineyards (Protection of Grape
Growing Areas)
[N.Y. Envir. Con. Law, s 33-1101 to 33-1105 (1973)]
Ui
Ul
m
North Carolina
"North Carolina Pesticide Law of 1971"
[N.C. Gen. Stat., s 143-434 to 143-470 (Supp.
1971)]
"North Carolina Pesticide Law of 1971"
[N.C. Gen. Stat., s 143-434 to 143-470 (Supp.
1971)]
"Structural Pest Control Act of North Carolina of
1955"
[N.C. Gen. Stat., s 106-65.22 to 106-65.33 (Supp.
1971)]
North Dakota "Insecticide, Fungicide and Rodenticide Act of
1947"
[N.D. Cent. Code, s 19-18-01 to 19-18-11 (I960)]
Aerial Spraying (spraying, dusting, fertilizing,
and insect control)
[N.D. Cent. Code, s 2-05-18 (I960)]
Ohio
Economic Poison Law
[Ohio Rev. Code, s 921.11 e£ se^. (1954)]
Pesticide Use and Application Act
[Ohio Rev. Code, s 921.41 to 921.53 (Supp. 1971)]
Oklahoma
Oklahoma Pesticide Law (Economic poison law) "Oklahoma Pesticide Applicators Law"
[Okla. Stat., tit. 2, s 3-61 to 3-70 (Supp. 1970)] [Okla. Stat., tit. 2, s 3-81 to 3-88 (1961)]
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STATE
REGISTRATION
USE AND APPLICATION I/
Oklahoma
(cont'd)
Oklahoma Phenoxy Herbicide Law
[Okla. Stat., tit. 2, s 3-251 to 3-259 (Supp.
1970)]
Wood Preservative Law
[Okla. Stat., tit. 2, s 2-301 to 2-309 (Supp.
1970)]
"Structural Pest Control Act"
[Okla. Stat., tit. 2, s 3-171 to 3-180 (Supp.
1970)]
Oregon
Standards and Labels for Agricultural Chemicals
[Ore. Rev. Stat., s 634.211 to 634.990 (1967)]
"Oregon Pesticide Application Law"
[Ore. Rev. Stat., s 573.005 to 573.260 (1967)]
Pennsylvania "Pennsylvania Pesticide Act of 1957" (Economic
poison law)
[Pa. Stat. Ann., tit. 3, s 111.1 to 111.12 (1963)]
Rhode Island Economic Poison Law
[R.I. Gen. Laws Ann., s 2-8-1 to 2-8-28 (1957)]
"The Rhode Island Pest Control Law" (1970)
[R.I. Gen. Laws Ann., s 23-41-1.1 to 23-41.125
(Supp. 1972)]
South Carolina
"South Carolina Economic Poison Law" (1954)
[Code of Laws S.C., s 3-151 to 3-177 (1962)]
South Dakota "South Dakota Insecticide, Fungicide, and
Rodenticide Act of 1947"
[S.D. Code, s 39.19.01 to 39.19.52 (I960)]
Aerial and Ground Spraying and Dusting Law
[S.D. Code, s 38.21.01 to 38.21.13 (I960)]
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STATE
REGISTRATION
USE AND APPLICATION I/
Tennessee
"Tennessee Insecticide, Fungicide and Rodenticide
Law" (1951)
[Tenn. Code Ann., s 43-701 to 43-713 (1964)]
"Tennessee Pest Control Operators Act of 1972"
[Tenn. Code Ann., s 43-609 to 43-618 (Supp. 1972)]
[Chapter 854, Public Laws 1972]
Texas
"Insecticide, Fungicide, and Rodenticide Act of
Texas"
[Tex. Rev. Civ. Stat., art. 135b-5 (1969)]
Texas Herbicide Law
[Tex. Rev. Civ. Stat., art. 135b-4 (1969)]
"Texas Structural Pest Control Act" (1971)
[Tex. Rev. Civ. Stat. Ann., art. 135b-6 (Supp.
1971)]
Utah
"Insecticide, Fungicide, and Rodenticide Act of
1951"
[Utah Code Ann., s 4-4-1 to 4-4-13 (1953)]
"Economic Poison Application Act of 1951"
[Utah Code Ann., s 4-4-14 to 4-4-29 (1953)]
Vermont
Pesticide Registration Act (Economic Poison Law)
[Vt. Stat. Ann., tit. 6, s 911 to 928 (1965)]
Control of Pesticides
[Vt. Stat. Ann., tit. 6, s 1101 to 1108 (1965)]
Virginia
"Virginia Pesticide Law"
[Va. Code Ann., s 3.1-189 to 3.1-249 (1966)]
[Formerly the "Virginia Insecticide, Fungicide,
and Rodenticide Act" (1950)]
Washington
"Washington Pesticide Control Act" (Economic
Poison Law)
[Wash. Rev. Code, s 15.58.010 to 15.58.930 (Supp.
1971)]
"Washington Pesticide Application Act"
[Wash. Rev. Code, s 17.21.010 to 17.21.931 (1962)]
West Virginia
"Pesticide Act of 1961" (Economic Poison Law)
[W. Va. Code Ann., s 19-16A(1-13) (1966)]
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STATE
REGISTRATION
USE AND APPLICATION I/
Wisconsin
Wisconsin Pesticide Law (Economic Poison Law)
[Wis. Stat., s 94.67 to 94.71 (1967)]
Pesticide Review Board
[Wis. Stat., s 15.195 (1967)]
Wyoming
Wyoming Pesticide Law (Economic Poison Law)
[Wyo. Stat. Ann., s 35-254 to 35-262 (1957)]
Aerial Spraying
[Wyo. Stat. Ann., s 10-4 to 10-9 (1957)]
Puerto Rico
"Economic Poison Act"
[P.R. Laws Ann., tit. 5, s 1001 to 1013 (1963)]
"An Act to regulate the commercial application of
insecticides and/or economic poisons in Puerto
Rico" (1966)
[P.R. Laws Ann., tit. 10, s 976 to 976(n) (1963)]
Herbicide Use and Application Law
[P.R. Laws Ann., tit. 5, s 1014 to 1016 (1963)]
Ln
Ui
u> Virgin Islands
American Samoa
Economic Poisons
[Code Amer. Samoa, tit. xx, s 20.0801 et seq.
Guam
Economic Poison Law
The term "use and application" is used in a broad sense to include laws, or sections of laws, which may relate only to
aerial application of pesticides, application of herbicides only, use of pesticides in structures, laws which require a
permit as distinguished from those which require examination and licensing of custom applicators, and more recently, acts
which control "restricted use pesticides" but not all pesticides. Recent legislation in some states has incorporated
both "registration" and "use and application" features into one statute (e.g., North Carolina). Some states have "Struc-
tural Pest Control" acts generally administered by a professional examining board, similar to medical, legal, engineering,
nursing and other professional licensing boards, while other states incorporate control over structural pest operators into
their regular use and application laws. There are trends to incorporate pesticide control into one statute.
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