§149A-13  Procedure for licensingpesticides.  (a)  Any pesticide which is received, used, sold, offered forsale, or distributed within this State shall be licensed by the board.  Anypesticide product which has been sold in this State but for which the licenseis not renewed can be used by the purchaser.  However, the product cannot besold, resold, or distributed within the State before its license is renewed. The licensee shall file with the department a statement including:

(1)  The name and address of the licensee and the nameand address of the person whose name will appear on the label, if other thanthe licensee;

(2)  The name of the pesticide;

(3)  A complete copy of the labeling accompanying thepesticide and a statement of all claims to be made for it, including directionsfor use; and

(4)  If requested by the department, a fulldescription of the tests made and the results thereof upon which the claims arebased.

(b)  The licensee shall pay $75 for each year,or fraction thereof, that the pesticide is licensed.  Licensing fees may beincreased or decreased from time to time by rules and may vary according to theamount or quantity of pesticide to be sold, offered for sale, or distributed. The term of the license shall be for a period of up to three years.  A licenseshall expire on December 31 of the third year.  In case of renewal oflicense, a statement shall be required only with respect to information whichis different from that furnished when the pesticide was licensed or last relicensed.

(c)  When a licensee discontinues thedistribution of a pesticide which has been licensed in this State, the licenseewill be required to continue licensing of this pesticide until no more remainson the retailer's shelves, or for three years after written notice to thedepartment of the date of discontinuance; provided that the continued sale isnot specifically prohibited by the department or the EPA.

(d)  The department, whenever it deemsnecessary in the administration of this chapter, may require the submission ofthe complete formula of any pesticide.  If it appears to the department thatthe composition of the pesticide is complete as to warrant the proposed claimsfor it and if the pesticide and its labeling and other material required to besubmitted comply with the requirements of section 149A-15, the department shalllicense the pesticide.

(e)  Notwithstanding any other provision ofthis chapter, licensing of a pesticide is not required in the case of apesticide shipped from one plant within this State to another plant within thisState when both plants are operated by the same person. [L 1972, c 58, pt of§1; am L 1975, c 126, pt of §1; am L 1981, c 33, §3; am L 1985, c 243, §1; am L1987, c 310, §5; am L 1996, c 281, §2]