PART III. 
PESTICIDE USE



 



§149A-31  Prohibited acts.  No person
shall:



(1)  Use any pesticide in a manner inconsistent with
its 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 provided
that, when a pesticide is applied by a commercial applicator, the deviation
from the label recommendations must be with the consent of the purchaser of the
pesticide application services;



(B)  Apply a pesticide against any target pest
not specified in the labeling if the application is to a crop, animal, or site
specified on the label or labeling; provided that the label or labeling does not
specifically prohibit the use on pests other than those listed on the label or
labeling;



(C)  Employ any method of application not
prohibited by the labeling;



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



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



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



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



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



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



(6)  Fill with water, through a hose, pipe, or other
similar transmission system, any tank, implement, apparatus, or equipment used
to disperse pesticides, unless the tank, implement, apparatus, equipment, hose,
pipe, or other similar transmission system is equipped with an air gap or a
reduced-pressure principle backflow device meeting the requirements under
section 340E-2 and the rules adopted thereunder. [L 1972, c 58, pt of §1; am L
1975, 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]