Title 20 — Public Health and Welfare

(a) Every person, firm, or corporation bagging any commercial cotton insecticide or poison shall stamp on each bag or on a tag attached to each bag the date on which the insecticide or poison was manufactured. (b) (1) Any person, firm, or corporation failing or refusing to comply…

This subchapter shall be cited as the “Arkansas Pesticide Use and Application Act”.

(a) The purpose of this subchapter is to regulate in the public interest the distribution, use, and application of pesticides to control pests. (b) Pesticides perform a valuable role in protecting humans and the environment, including agricultural production, from insects, rodent…

(1) As used in this subchapter:(1) “Animal” means all vertebrate and invertebrate species including, but not limited to, humans and other mammals, birds, fish, and shellfish;(2) “Beneficial insects” means those insects that during their lifecycle are effective pollinators of plan…

(a) (1) Any commercial or noncommercial applicator, dealer, or pilot who violates any provision of this subchapter or the rules adopted under this subchapter shall be guilty of a violation and upon conviction shall be punished for the first offense by a fine of not less than one …

(a) This subchapter shall be administered by the State Plant Board. (b) The functions vested in the board by this subchapter shall be considered to be delegated to the employees of the Department of Agriculture or its authorized representatives.

(a) (1) The State Plant Board shall administer and enforce this subchapter and shall have authority to issue rules after a public hearing following due notice to all interested persons to carry out the provisions of this subchapter. When the board finds it necessary to carry out …

(a) (1) The State Plant Board may classify or subclassify commercial and noncommercial licenses to be issued under this subchapter as may be necessary for the effective administration and enforcement of this subchapter. The classifications may include, but not be limited to:(A) A…

(a) No person shall use or supervise the use of any restricted-use pesticide which is restricted to use by certified applicators without that person's first complying with the licensing requirements pursuant to §§ 20-20-209 — 20-20-211, § 20-20-217, or other restrictions as deter…

(a) No commercial applicator shall engage in the business of applying restricted-use pesticide or other pesticides or the aerial application of seed or fertilizers to the lands of another at any time without a commercial applicator's license issued by the State Plant Board. Appli…

(a) In General. (1) No noncommercial applicator shall use, supervise the use of, or demonstrate the use of a restricted-use pesticide without a noncommercial applicator's license issued by the State Plant Board.(2) Application for the license shall be made on forms obtained from …

(a) In General. (1) No private applicator shall use or supervise the use of any restricted-use pesticide without a private applicator's license issued by the State Plant Board, with the license being conditioned on the applicator's complying with the certification requirements de…

(a) It shall be unlawful for any pilot to apply by means of an aircraft any pesticide, seed, or fertilizer in this state unless the pilot shall have a current valid license issued by the State Plant Board. (b) The issuance of the license shall be conditioned on his or her filing …

(a) (1) It shall be unlawful for any person to act in the capacity of a restricted-use pesticides dealer, to advertise as, assume to act as a dealer of, or distribute any restricted-use pesticide at any time without first having obtained an annual license from the State Plant Boa…

(a) The State Plant Board may suspend, pending inquiry, for not longer than ten (10) days, and, after opportunity for a hearing, may deny, suspend, revoke, or modify any license or permit or any provision thereof issued under this subchapter if it finds that the applicant or the …

(a) Commercial and noncommercial applicator licensees shall keep and maintain routine operational records containing information on the kinds, amounts, uses, dates, and places of application of pesticides. (b) The records shall be kept for a period of two (2) years from the date …

(a) No person shall transport, store, or dispose of any pesticide or pesticide containers in such a manner as to cause injury to humans, vegetation, crops, livestock, wildlife, or beneficial insects or to pollute any waterway in any way harmful to any wildlife therein. (b) The St…

(a) The State Plant Board may inspect any equipment used or intended to be used for application of pesticides and may require repairs or other changes before its further use for pesticide application. (b) Requirements for equipment may be adopted by rule. (c) Equipment specified …

(a) The State Plant Board may by rule require the reporting of significant pesticide accidents or incidents to a designated state agency. (b) (1) Any person claiming damages from a pesticide application shall have filed with the board on a form prescribed by the board a written s…

(a) (1) For the purpose of carrying out the provisions of this subchapter, the State Plant Board may enter upon any public or private premises at reasonable times, in order to:(A) Have access for the purpose of inspecting any equipment subject to this subchapter;(B) Inspect or sa…

The State Plant Board may issue subpoenas to compel the attendance of witnesses or production of books, documents, and records anywhere in this state in any hearing affecting the authority or privilege granted by a license, certification, or permit issued under this subchapter.

(a) Any person aggrieved by any action of the State Plant Board may obtain a review thereof by filing in the circuit court within thirty (30) days of notice of the action a written petition praying that the action of the board be set aside. (b) A copy of the petition shall immedi…

(1) The State Plant Board may cooperate with, receive grants-in-aid from, and enter into agreements with any agency of the United States Government, of this state or its subdivisions, or of another state to obtain assistance in the implementation of this subchapter, in order to:(…

The State Plant Board may waive all or part of the examination requirements provided for in §§ 20-20-209 — 20-20-211 and 20-20-217 on a reciprocal basis with any other state which has substantially the same standards and so long as out-of-state applicators are made subject to enf…

In cooperation with the University of Arkansas or other educational institutions, the State Plant Board may publish information and conduct short courses of instruction in the areas of knowledge required by this subchapter or the rules adopted pursuant to this subchapter.

All moneys received by the State Plant Board under the provisions of this subchapter and the rules adopted pursuant to this subchapter shall be deposited into the State Plant Board Fund of the State Treasury and be used for carrying out the provisions of this subchapter.

(a) Except as otherwise authorized in this subchapter, no city, county, or other political subdivision of the state shall adopt any ordinance, rule, or regulation regarding the registration, labeling, distribution, sale, handling, use, application, transportation, or disposal of …

(a) Any person who uses a pesticide in a manner inconsistent with its labeling is subject to the jurisdiction of the State Plant Board and its statutes, rules, and orders over which it has regulatory authority and may be subject to denial, suspension, revocation, or modification …