Title 35, Title 35 — Public Health And Safety

Short title. This act may be cited as the "Wyoming Food, Drug and Cosmetic Safety Act".

Definitions. (a) As used in this act: (i) "Advertisement" means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing the purchase of food, drugs, devices or cosmetics; (ii) "Color" includes black, white and intermedia…

Prohibited acts. (a) No person shall: (i) Violate this act or any rules promulgated under it; (ii) Introduce or deliver for introduction into commerce of any food, drug, device or cosmetic that is adulterated or misbranded; (iii) Adulterate or misbrand any food, drug, device or c…

Cease operations order; injunction proceedings. (a) If the director or the director of the department of health pursuant to W.S. 35-7-123(b)(vi) has probable cause to believe that an imminent hazard to the public health exists from a violation of this act, he may order any person…

Penalties and guaranty. (a) Any person who knowingly and intentionally violates W.S. 35-7-111 is guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both. Upon a subsequent convicti…

Embargo. (a) If the director has probable cause to believe that any food, drug, device, cosmetic or consumer commodity is adulterated or so misbranded as to be dangerous or fraudulent, within the meaning of this act, he shall affix a tag or other appropriate marking to the articl…

Food; definitions and standards. (a) Definitions and standards of identity, quality and fill of container under the federal act or its regulations are the definitions and standards of identity, quality and fill of container in this state. However, when the action will promote hon…

Food, drugs and cosmetics; adulteration and misbranding. A food, cosmetic or a drug or device is adulterated if it is adulterated under the federal act. A food, cosmetic or a drug or device is misbranded if it is misbranded under the federal act.

Food; tolerances for added poisonous ingredients. Any added poisonous or deleterious substance, any food additive, any pesticide chemical in or on a raw agricultural commodity or any color additive, is unsafe with respect to any particular use or intended use if it is deemed unsa…

New drugs. (a) No person shall sell, offer for sale, hold for sale or give away any new drug unless an application with respect thereto has been approved and the approval has not been withdrawn under section 505 of the federal act. (b) This section does not apply to a drug intend…

Fair packaging and labeling provisions. (a) All labels of consumer commodities, as defined by this act, shall conform with the requirements for the declaration of net quantity of contents of section 4 of the Fair Packaging and Labeling Act (15 U.S.C. § 1451, et seq.) and the regu…

Regulations. (a) The director may promulgate regulations necessary for the efficient enforcement of this act. (b) The director may promulgate regulations necessary to ensure that appropriate sanitary conditions and water quality standards are met by any person engaged in the dist…

(b) The regulatory authority shall issue notice of a hearing to the license holder. The notice and the hearing shall be governed by the provisions of the Wyoming Administrative Procedure Act, W.S. 16-3-101 et seq. (c) Upon completion of the hearing and consideration of the record…

Publicity. (a) The director may cause to be published from time to time reports summarizing all judgments, decrees and court orders which have been rendered under this act, including the nature of the charge and the disposition thereof. (b) The director may also cause to be disse…

Establishment of food safety system. (a) The director of the department of agriculture shall establish and maintain a food safety program located within the department. The director shall carry out the provisions of the food safety program and shall be assisted by the director of…

License required; exemptions; electronic transmittals. (a) Any person processing, distributing, storing or preparing any food for sale shall obtain a license from the department of agriculture or a local health department. The license is not transferable, shall be renewed on an a…

Summary suspension of a license. (a) A regulatory authority may summarily suspend a license to operate a food establishment if it determines through consultation with a health officer, inspection, examination of food, employees, records or other authorized means that an imminent …

License revocation. (a) The regulatory authority may initiate revocation proceedings for an establishment license: (i) Repealed By Laws 2003, Ch. 38, § 2. (ii) Repealed By Laws 2003, Ch. 38, § 2. (iii) Repealed By Laws 2003, Ch. 38, § 2. (iv) For failure to correct conditions for…

Under direction of department of agriculture; appointment; duties generally; salary and expenses; fee for analysis. (a) The office of state chemist heretofore created by the legislature is hereby transferred with all present and existing appropriations and all property under its …

Employment of assistant and second assistant chemists; salaries; location of office; duties generally. The state chemist by and with the approval of the state board of agriculture is hereby authorized to employ an assistant to the state chemist and a second assistant to the state…

Expenses. The necessary traveling expenses and expenses for the purchase of apparatus, chemicals, etc., shall be paid from any appropriation made by the legislature as a contingent fund for the state chemist; provided, that the expense shall be limited to the appropriation made.

Seal; report. The state chemist shall keep a seal with which to attest official acts and documents. He shall, as required by W.S. 9-2-1014, report to the governor, on or before the first day of October of each year, including itemized statements of all persons employed by him tog…

Division 2. Cosmetics Repealed by Laws 1987, ch. 173, § 4.

Short title. This act shall be known and may be cited as the "Wyoming Environmental Pesticide Control Act of 1973".

Enforcing agency. This act shall be administered by the department of agriculture of the state of Wyoming, hereinafter referred to as the "department".

Declaration of purpose. The legislature hereby finds that pesticides and devices are valuable to our state's agricultural production and to the protection of man and the environment from insects, rodents, weeds, and other forms of life which may be pests, and it is essential to t…

Board of certification. A board of certification is established consisting of the director of the department of agriculture, and a member of the Wyoming weed and pest council and a University of Wyoming weed or pest specialist to be appointed by the governor. The governor may rem…

Definitions. (a) "Applicator" or "operator" means: (i) "Certified applicator" means any individual who is certified by the director as being competent with respect to the use and handling of pesticides, or of the use and handling of the pesticide or class of pesticides covered by…

Director to administer and enforce provisions; board of certification to adopt regulations. The director of the department of agriculture shall administer and enforce the provisions of this act and regulations issued thereunder. The board of certification may issue regulations af…

Registration. (a) Every pesticide or device which is distributed within this state or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state shall be registered with the department of agriculture…

Experimental use permits. (a) Any person may apply to the director of the department of agriculture for an experimental use permit for a pesticide. The director may issue an experimental use permit if he determines that the applicant needs the permit in order to accumulate inform…

Refusal to register; cancellation; suspension; legal recourse. (a) If it does not appear to the director of the department of agriculture that the pesticide or device is such as to warrant the proposed claims for it or if the pesticide or device and its labeling and other materia…

Classification of licenses. (a) Licenses shall include but are not limited to: (i) Commercial applicator license; (ii) Private applicator license. (b) A commercial applicator shall notify the department of any change of address or change of employment within thirty (30) days of t…

Liability for damage; service of process. (a) Repealed by Laws 1979, ch. 91, § 3. (b) Repealed by Laws 1979, ch. 91, § 3. (c) Nothing in this act shall be construed to relieve any person from liability for any damage to the person or lands of another caused by the use of pesticid…

Inspection of equipment. The director may provide for inspection of any equipment used for application of pesticides and may require repairs or other changes before its further use for pesticide application. A list of requirements that equipment shall meet may be adopted by regul…

Reciprocal agreement. The director may issue a license or certification on a reciprocal basis with other states without examination to a nonresident who is licensed, or certified, in another state substantially in accordance with the provisions of this act but financial security …

Exemptions. (a) The provision of W.S. 35-7-355 relating to licenses and requirements for their issuance shall not apply to any private applicator applying pesticides for himself or with ground equipment or manually for his neighbors, except as to specific regulations as to the us…

Discarding and storing of pesticides and pesticide containers. No person shall discard, transport, or store any pesticide or pesticide containers in such a manner as to cause injury to humans, vegetation, crops, livestock, wildlife, beneficial insects or to pollute any waterway i…

Subpoenas. The director may issue subpoenas to compel the attendance of witnesses or production of books, documents, and records in the state in any hearing affecting the authority or privilege granted by a license, registration, or permit issued under the provisions of this act.

Penalties. (a) Any person violating any provision of W.S. 35-7-350 through 35-7-375 or regulation thereunder is guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars ($500.00) or imprisoned in the county jail for not more than one (1) year,…

Enforcement. (a) The sampling and examination of pesticides or devices shall be made under the direction of the director for the purpose of determining whether they comply with the requirements of this act. The director is authorized, upon presentation of proper identification, t…

Cooperation. The director is authorized to cooperate with and enter into agreements with any other agency of this state, the United States, and any other state or agency thereof for the purpose of carrying out the provisions of this act and securing uniformity of regulation.

Disposition of funds. All moneys received by the department under the provisions of this act shall be deposited into the treasury of the state to the credit of the general fund, excluding those funds collected pursuant to W.S. 35-7-356(d).

Severability. If any provision of this act is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of this act and applicability thereof to other persons and circumstances shall not be affect…

Prior liability. The enactment of this act shall not have the effect of terminating, or in any way modifying, any liability, civil or criminal, which shall already be in existence on the date this act becomes effective.

Jurisdiction; repeals. Jurisdiction in all matters pertaining to the registration, distribution, transportation and disposal of pesticides and devices is by this act vested exclusively in the director and board of certification and all acts and parts of acts inconsistent with thi…

Registration of aircraft. (a) Any person engaged in the activity or business of applying pesticides utilizing any type of aircraft shall register each aircraft annually with the Wyoming department of agriculture, on a printed form provided by the department. The registration shal…

Prohibited acts. (a) It is unlawful for any person to: (i) Detach, alter, deface or destroy, in whole or in part, any labeling prior to proper disposal of the pesticide containers; (ii) Refuse to keep any records as required by the director by regulation or to refuse to allow the…

Required notification of pesticide application on or within school buildings. (a) Any commercial applicator licensed under W.S. 35-7-359 or any other person shall provide notification required by this section of the application of any pesticide as defined under W.S. 35-7-354(d) w…

Direct supervision. (a) As used in this section, unless otherwise prescribed by its labeling, a pesticide shall be considered to be applied under the direct supervision of a certified applicator if it is applied by a competent person acting under the instructions and control of a…