ยง149A-19ย  Determination; rules; uniformity.
(a)ย  The board, after having afforded interested and affected parties an
opportunity to be heard and, in instances in which human health is affected,
after consultation with the director of health, shall adopt rules to:



(1)ย  Determine the pesticides that are highly toxic to
humans, designate pesticides as restricted use or nonrestricted use, and
establish a system of control over the distribution and use of certain
pesticides and devices purchased by the consuming public;



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



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



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



(5)ย  Establish procedures for the licensing of
pesticides;



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



(7)ย  Establish procedures for the disposal of
pesticides; and



(8)ย  Establish procedures to issue experimental use
permits under provisions of section 5 of FIFRA.



(b)ย  The board, after public hearing, shall
make and adopt appropriate rules for carrying out this chapter, including rules
providing for the collection and examination of samples of pesticides or
devices.



(c)ย  The board, after public hearing, shall
adopt rules applicable to and in conformity with the primary standards
established by this chapter or as prescribed by FIFRA with respect to
pesticides. [L 1972, c 58, pt of ยง1; am L 1975, c 126, pt of ยง1; am L 1981, c
33, ยง4; am L 1987, c 310, ยง11; gen ch 1993; am L 2000, c 154, ยง4]