§149A-19  Determination; rules; uniformity.(a)  The board, after having afforded interested and affected parties anopportunity to be heard and, in instances in which human health is affected,after consultation with the director of health, shall adopt rules to:

(1)  Determine the pesticides that are highly toxic tohumans, designate pesticides as restricted use or nonrestricted use, andestablish a system of control over the distribution and use of certainpesticides and devices purchased by the consuming public;

(2)  Determine standards of coloring for pesticides,and subject pesticides to the requirements of section 149A-16;

(3)  Establish procedures, conditions, and fees forthe issuance of licenses for sale of restricted use pesticides;

(4)  Establish fees for the licensing of pesticideswithin the limitations of section 149A-13(b);

(5)  Establish procedures for the licensing ofpesticides;

(6)  Establish procedures for the registration ofpesticides under provisions of section 24(c), FIFRA;

(7)  Establish procedures for the disposal ofpesticides; and

(8)  Establish procedures to issue experimental usepermits under provisions of section 5 of FIFRA.

(b)  The board, after public hearing, shallmake and adopt appropriate rules for carrying out this chapter, including rulesproviding for the collection and examination of samples of pesticides ordevices.

(c)  The board, after public hearing, shalladopt rules applicable to and in conformity with the primary standardsestablished by this chapter or as prescribed by FIFRA with respect topesticides. [L 1972, c 58, pt of §1; am L 1975, c 126, pt of §1; am L 1981, c33, §4; am L 1987, c 310, §11; gen ch 1993; am L 2000, c 154, §4]