PART III. PESTICIDE USE

 

§149A-31  Prohibited acts.  No personshall:

(1)  Use any pesticide in a manner inconsistent withits label, except that it shall not be unlawful to:

(A)  Apply a pesticide at any dosage,concentration, or frequency less than that specified on the label or labeling;provided that the efficacy of the pesticide is maintained and further providedthat, when a pesticide is applied by a commercial applicator, the deviationfrom the label recommendations must be with the consent of the purchaser of thepesticide application services;

(B)  Apply a pesticide against any target pestnot specified in the labeling if the application is to a crop, animal, or sitespecified on the label or labeling; provided that the label or labeling does notspecifically prohibit the use on pests other than those listed on the label orlabeling;

(C)  Employ any method of application notprohibited by the labeling;

(D)  Mix a pesticide or pesticides with afertilizer when such mixture is not prohibited by the label or labeling; or

(E)  Use in a manner determined by rule not tobe an unlawful act;

(2)  Use, store, transport, or discard any pesticideor pesticide container in any manner which would have unreasonable adverseeffects on the environment;

(3)  Use or apply restricted use pesticides unless theperson is a certified pesticide applicator or under the direct supervision of acertified pesticide applicator with a valid certificate issued pursuant torules adopted under section 149A-33(1); provided that it shall be prohibited touse or apply a restricted use pesticide for structural pest control uses for afee or trading of services, unless the user or applicator is a pest controloperator or is employed by a pest control operator licensed under chapter 460J;

(4)  Use or apply pesticides in any manner that hasbeen suspended, canceled, or restricted pursuant to section 149A-32.5;

(5)  Falsify any record or report required to be madeor maintained by rules adopted pursuant to this chapter; or

(6)  Fill with water, through a hose, pipe, or othersimilar transmission system, any tank, implement, apparatus, or equipment usedto disperse pesticides, unless the tank, implement, apparatus, equipment, hose,pipe, or other similar transmission system is equipped with an air gap or areduced-pressure principle backflow device meeting the requirements undersection 340E-2 and the rules adopted thereunder. [L 1972, c 58, pt of §1; am L1975, c 126, pt of §1; am L 1986, c 339, §9; am L 1987, c 167, §1 and c 310,§15; am L 2007, c 71, §3]