206.18 EXCEPTION TO PENALTIES.
1. The penalties provided for violations of section 206.11,
subsection 1, shall not apply to:
a. Any carrier while lawfully engaged in transporting a
pesticide within this state, if such carrier shall, upon request,
permit the secretary or the secretary's designated agent to copy all
records showing the transactions in and movement of the articles.
b. Public officials of this state and the federal government
engaged in the performance of their official duties.
c. The manufacturer or shipper of a pesticide for
experimental use only:
(1) By or under the supervision of an agency of this state or of
the federal government authorized by law to conduct research in the
field of pesticides.
(2) By others if the pesticide is not sold and if the container
thereof is plainly and conspicuously marked "for experimental use
only -- not to be sold", together with the manufacturer's name and
address; provided, however, that if a written permit has been
obtained from the secretary, pesticides may be sold for experimental
purposes subject to such restrictions and conditions as may be set
forth in the permit.
2. No article shall be deemed in violation of this chapter when
intended solely for export to a foreign country, and when prepared or
packed according to the specifications or directions of the
purchaser. If not so exported, all the provisions of this chapter
shall apply.
3. The provisions of section 206.6 relating to licenses and
requirements for their issuance shall not apply to any farmer
applying pesticides for the farmer or with ground equipment or
manually for the farmer's neighbors; provided, that:
a. The farmer operates farm property and operates and
maintains pesticide application equipment primarily for the farmer's
own use;
b. The farmer is not regularly engaged in the business of
applying pesticides for hire amounting to a principal or regular
occupation and that the farmer shall not publicly claim to be a
pesticide applicator;
c. The farmer operates the pesticide application equipment
only in the vicinity of the farmer's own property and for the
accommodation of the farmer's neighbors.
4. The licensing requirements of section 206.6 shall not apply to
persons using hand-powered or self-propelled equipment not exceeding
seven and one-half horsepower as determined by rules promulgated by
the department to apply pesticides to lawns, or to ornamental shrubs
and trees not in excess of twelve feet high, as an incidental part of
taking care of household lawns and yards provided, that such persons
shall not publicly hold themselves out as being in the business of
applying pesticides, and that such persons do not apply restricted
use pesticides or state restricted use pesticides, restricted to use
only by certified applicators.
5. The provisions of section 206.6 relating to licenses and
requirements for their issuance shall not apply to a doctor of
veterinary medicine applying pesticides to animals during the normal
course of veterinary practice; provided that the veterinarian is not
regularly engaged in the business of applying pesticides for hire
amounting to a principal or regular occupation or does not publicly
claim to be a pesticide applicator; and that the veterinarian does
not apply restricted use pesticides, or state restricted use
pesticides, restricted to use by certified applicators only.
206.18 EXCEPTION TO PENALTIES.
1. The penalties provided for violations of section 206.11,
subsection 1, shall not apply to:
a. Any carrier while lawfully engaged in transporting a
pesticide within this state, if such carrier shall, upon request,
permit the secretary or the secretary's designated agent to copy all
records showing the transactions in and movement of the articles.
b. Public officials of this state and the federal government
engaged in the performance of their official duties.
c. The manufacturer or shipper of a pesticide for
experimental use only:
(1) By or under the supervision of an agency of this state or of
the federal government authorized by law to conduct research in the
field of pesticides.
(2) By others if the pesticide is not sold and if the container
thereof is plainly and conspicuously marked "for experimental use
only -- not to be sold", together with the manufacturer's name and
address; provided, however, that if a written permit has been
obtained from the secretary, pesticides may be sold for experimental
purposes subject to such restrictions and conditions as may be set
forth in the permit.
2. No article shall be deemed in violation of this chapter when
intended solely for export to a foreign country, and when prepared or
packed according to the specifications or directions of the
purchaser. If not so exported, all the provisions of this chapter
shall apply.
3. The provisions of section 206.6 relating to licenses and
requirements for their issuance shall not apply to any farmer
applying pesticides for the farmer or with ground equipment or
manually for the farmer's neighbors; provided, that:
a. The farmer operates farm property and operates and
maintains pesticide application equipment primarily for the farmer's
own use;
b. The farmer is not regularly engaged in the business of
applying pesticides for hire amounting to a principal or regular
occupation and that the farmer shall not publicly claim to be a
pesticide applicator;
c. The farmer operates the pesticide application equipment
only in the vicinity of the farmer's own property and for the
accommodation of the farmer's neighbors.
4. The licensing requirements of section 206.6 shall not apply to
persons using hand-powered or self-propelled equipment not exceeding
seven and one-half horsepower as determined by rules promulgated by
the department to apply pesticides to lawns, or to ornamental shrubs
and trees not in excess of twelve feet high, as an incidental part of
taking care of household lawns and yards provided, that such persons
shall not publicly hold themselves out as being in the business of
applying pesticides, and that such persons do not apply restricted
use pesticides or state restricted use pesticides, restricted to use
only by certified applicators.
5. The provisions of section 206.6 relating to licenses and
requirements for their issuance shall not apply to a doctor of
veterinary medicine applying pesticides to animals during the normal
course of veterinary practice; provided that the veterinarian is not
regularly engaged in the business of applying pesticides for hire
amounting to a principal or regular occupation or does not publicly
claim to be a pesticide applicator; and that the veterinarian does
not apply restricted use pesticides, or state restricted use
pesticides, restricted to use by certified applicators only.
206.18 EXCEPTION TO PENALTIES.
1. The penalties provided for violations of section 206.11,
subsection 1, shall not apply to:
a. Any carrier while lawfully engaged in transporting a
pesticide within this state, if such carrier shall, upon request,
permit the secretary or the secretary's designated agent to copy all
records showing the transactions in and movement of the articles.
b. Public officials of this state and the federal government
engaged in the performance of their official duties.
c. The manufacturer or shipper of a pesticide for
experimental use only:
(1) By or under the supervision of an agency of this state or of
the federal government authorized by law to conduct research in the
field of pesticides.
(2) By others if the pesticide is not sold and if the container
thereof is plainly and conspicuously marked "for experimental use
only -- not to be sold", together with the manufacturer's name and
address; provided, however, that if a written permit has been
obtained from the secretary, pesticides may be sold for experimental
purposes subject to such restrictions and conditions as may be set
forth in the permit.
2. No article shall be deemed in violation of this chapter when
intended solely for export to a foreign country, and when prepared or
packed according to the specifications or directions of the
purchaser. If not so exported, all the provisions of this chapter
shall apply.
3. The provisions of section 206.6 relating to licenses and
requirements for their issuance shall not apply to any farmer
applying pesticides for the farmer or with ground equipment or
manually for the farmer's neighbors; provided, that:
a. The farmer operates farm property and operates and
maintains pesticide application equipment primarily for the farmer's
own use;
b. The farmer is not regularly engaged in the business of
applying pesticides for hire amounting to a principal or regular
occupation and that the farmer shall not publicly claim to be a
pesticide applicator;
c. The farmer operates the pesticide application equipment
only in the vicinity of the farmer's own property and for the
accommodation of the farmer's neighbors.
4. The licensing requirements of section 206.6 shall not apply to
persons using hand-powered or self-propelled equipment not exceeding
seven and one-half horsepower as determined by rules promulgated by
the department to apply pesticides to lawns, or to ornamental shrubs
and trees not in excess of twelve feet high, as an incidental part of
taking care of household lawns and yards provided, that such persons
shall not publicly hold themselves out as being in the business of
applying pesticides, and that such persons do not apply restricted
use pesticides or state restricted use pesticides, restricted to use
only by certified applicators.
5. The provisions of section 206.6 relating to licenses and
requirements for their issuance shall not apply to a doctor of
veterinary medicine applying pesticides to animals during the normal
course of veterinary practice; provided that the veterinarian is not
regularly engaged in the business of applying pesticides for hire
amounting to a principal or regular occupation or does not publicly
claim to be a pesticide applicator; and that the veterinarian does
not apply restricted use pesticides, or state restricted use
pesticides, restricted to use by certified applicators only.
