49-308. Enforcement

A. Within ninety days after a pesticide that is listed pursuant to section 49-305 is found pursuant to section 49-307 under any of the conditions listed in paragraph 1, 2 or 3 of this subsection, the director shall determine whether the pesticide resulted from agricultural use according to state and federal laws and regulations and shall state in writing the reasons for the determination that:

1. An active ingredient of a pesticide has been found at or below the deepest of the following depths:

(a) Eight feet below the soil surface.

(b) Below the root zone of the crop where the active ingredient was found.

2. An active ingredient of a pesticide has been found in the groundwaters of this state.

3. The pesticide has degradation products or other specified ingredients which pose a threat to public health and which have been found under the conditions specified for active ingredients in either paragraph 1 or 2 of this subsection.

B. On a determination by the director that a pesticide meets any of the conditions specified in subsection A of this section as a result of agricultural use according to state and federal laws and regulations, the director shall immediately notify the registrant of the determination. A pesticide that meets any of the conditions in subsection A of this section is subject to section 49-309.

C. For the purposes of this section, any finding of a pesticide shall result from an analytical method approved by the United States environmental protection agency and shall be verified, within thirty days, by a second analytical laboratory approved by the director.

D. The point of compliance prescribed by section 49-244 does not apply to this section.

49-308. Enforcement

A. Within ninety days after a pesticide that is listed pursuant to section 49-305 is found pursuant to section 49-307 under any of the conditions listed in paragraph 1, 2 or 3 of this subsection, the director shall determine whether the pesticide resulted from agricultural use according to state and federal laws and regulations and shall state in writing the reasons for the determination that:

1. An active ingredient of a pesticide has been found at or below the deepest of the following depths:

(a) Eight feet below the soil surface.

(b) Below the root zone of the crop where the active ingredient was found.

2. An active ingredient of a pesticide has been found in the groundwaters of this state.

3. The pesticide has degradation products or other specified ingredients which pose a threat to public health and which have been found under the conditions specified for active ingredients in either paragraph 1 or 2 of this subsection.

B. On a determination by the director that a pesticide meets any of the conditions specified in subsection A of this section as a result of agricultural use according to state and federal laws and regulations, the director shall immediately notify the registrant of the determination. A pesticide that meets any of the conditions in subsection A of this section is subject to section 49-309.

C. For the purposes of this section, any finding of a pesticide shall result from an analytical method approved by the United States environmental protection agency and shall be verified, within thirty days, by a second analytical laboratory approved by the director.

D. The point of compliance prescribed by section 49-244 does not apply to this section.