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

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

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

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

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

(B)  If the pesticide is not sold and if thecontainer is plainly and conspicuously marked "For Experimental UseOnly--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 theUnited States from whom the person purchased or received in good faith thepesticide in the same unbroken package, to the effect that the pesticide waslawfully licensed at the time of sale and delivery to the person and itcomplies with the other requirements of FIFRA.  In this case the guarantorshall be subject to the penalties which would otherwise attach to the personholding the guaranty under the provisions of FIFRA; and

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

(b)  No article shall be deemed in violation ofthis chapter when intended solely for export to a foreign country, and whenprepared or packed according to the specifications or directions of thepurchaser.  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, c310, §4]