§149A-12  Exemptions.  (a)  The
prohibitions of section 149A-11(a) shall not apply to:



(1)  Any carrier while lawfully engaged in
transporting a pesticide within this State, if the carrier, upon request of the
chairperson or the chairperson's duly designated officer or employee, permits
the officer or employee to copy all records showing the transactions in and
movement of the pesticide or device;



(2)  Public officials of the State and the federal
government engaged in the performance of their official duties in administering
state or federal pesticide law or rule;



(3)  The manufacturer or shipper of a pesticide
intended only for experimental use:



(A)  By or under the supervision of an agency
of the State or of the federal government authorized by law to conduct research
in the field of pesticides;



(B)  If the pesticide is not sold and if the
container is plainly and conspicuously marked "For Experimental Use
Only--Not to be Sold" together with the manufacturer's name and address;



(4)  Any person who establishes a guaranty signed by,
and containing the name and address of, the licensee or person residing in the
United States from whom the person purchased or received in good faith the
pesticide in the same unbroken package, to the effect that the pesticide was
lawfully licensed at the time of sale and delivery to the person and it
complies with the other requirements of FIFRA.  In this case the guarantor
shall be subject to the penalties which would otherwise attach to the person
holding the guaranty under the provisions of FIFRA; and



(5)  Any person using or possessing any pesticide as
provided by an experimental use permit in effect with respect to that pesticide
and that use or possession.



(b)  No article shall be deemed in violation of
this chapter when intended solely for export to a foreign country, and when
prepared or packed according to the specifications or directions of the
purchaser.  If not so exported, all the provisions of this chapter shall apply.
[L 1972, c 58, pt of §1; am L 1975, c 126, pt of §1; gen ch 1985; am L 1987, c
310, §4]