AGRICULTURE, HORTICULTURE AND ANIMAL HUSBANDRY
INSECT PESTS AND PLANT DISEASES
430:31 Board Responsibility and Authority.
The board shall:
I. Establish policies and goals relative to the sale and use of pesticides.
II. Hold hearings concerned with rulemaking where required by RSA 541-A:11. The board may, in its discretion, hold hearings, issue notices of hearings, and take testimony in situations where a person may be aggrieved by a decision of the division concerning the issuance of permits and certificates of registration, administrative penalties levied pursuant to RSA 430:42, VII and RSA 430:45, III, and the issuance of orders pursuant to RSA 430:42, II and V.
II-a. Receive and address requests from any member of the public for a hearing before the board.
III. Receive and allocate federal grants and other funds or gifts for the purpose of carrying out any of the functions of this subdivision.
IV. Adopt rules under RSA 541-A with concurrence from the division of pesticide control after public hearing relative to:
(a) The time, the place, and the conditions under which pesticides may be used in different areas of the state if the board finds that such pesticides may be injurious to persons, animals, or crops, other than the pest or vegetation which it is intended to destroy, and may provide that pesticides shall be used only under permit of the board.
(b) The conditions and designation of the vicinities for aircraft application of pesticides.
(c) An annual permit authorizing the repeated commercial applications of pesticides under a contract calling for applications of pesticides by several crews either at the same or different times, subject to the initial approval by the division of the methods and materials used. An example of this is the application of pesticides to a high tension electric line right of way.
(d) Development and administration of a state plan for certification of pesticide applicators pursuant to section 4(a)(2) of the Federal Insecticide, Fungicide and Rodenticide Act, as amended.
(e) Restrictions or prohibitions pertaining to the sale or use, or both, by commercial applicators or any other person of pesticides which the board finds to be injurious or reasonably likely to be injurious to man or other living things other than those the pesticides are intended to control.
(f) The types of commercial establishments where particular pesticides may be sold.
(g) Conditions and procedures under which a public hearing shall be held prior to consideration of a request for a special permit for the aerial application of pesticides in residential neighborhoods.
(h) Establishing standards for the packages, containers, and wrappers of pesticides registered for local needs. Such rules shall be consistent with the regulations promulgated by the United States Environmental Protection Agency pursuant to section 25(c)(3) of the Federal Insecticide, Fungicide and Rodenticide Act, as amended.
(i) The collection, examination, and reporting of samples of pesticides.
(j) The safe handling, transportation, and disposal of pesticides and their containers.
(k) Labeling requirements of all pesticides required to be registered under the provisions of this subdivision; provided that such rules shall not impose any requirements for federally registered labels in addition to or different from those required pursuant to the Federal Insecticide, Fungicide and Rodenticide Act, as amended.
(l) Determining which pesticides with restricted uses or state restricted uses be distributed only by licensed pesticide dealers.
(m) Procedures for the appeal process provided under RSA 430:44.
(n) Criteria for eligibility for, and the limits on the use of, certificates of registration for commercial applicators, private applicators, and commercial applicators for hire.
(o) Means to determine competency and ability of applicators to use pesticides in accordance with standards of the board.
(p) Amounts of financial responsibility required of pesticide applicators, recordkeeping requirements and any other conditions that the board may require relative to criteria for licensing or issuance of permits, or renewal of said documents.
(q) Development and administration of a state plan concerning the regulation of pesticide products for special local needs, pursuant to section 24(c) of the Federal Insecticide, Fungicide and Rodenticide Act, as amended.
(r) Information required in support of requests to register pesticides.
(s) Requirements necessary for the state plan to receive authorization from the United States Environmental Protection Agency to issue experimental use permits.
(t) Limit or prohibit the use of any pesticide for which an experimental use permit has been issued by the United States Environmental Protection Agency pursuant to section 5(a) of the Federal Insecticide, Fungicide and Rodenticide Act, as amended, and which the board finds may cause unreasonable adverse effects on the environment.
(u) The coloration, or discoloration of pesticides to protect the public health.
(v) In order to avoid confusion endangering the public health, resulting from diverse requirements, particularly as to the labeling and coloring of economic poisons, to avoid increased costs to the people of this state due to the necessity of complying with such diverse requirements in the manufacture and sale of such poisons, and to secure uniformity between the requirements of the several states and the federal government relating to such poisons, after due public hearing, to adopt by rule such regulations applicable to and in conformity with the primary standards established by this subdivision, as have been or may be prescribed by the United States Environmental Protection Agency with respect to pesticides.
(w) The rules required by RSA 430:33; RSA 430:34; RSA 430:35; RSA 430:39 and RSA 430:41.
(x) Development and administration of state management plans to protect groundwater from pesticide contamination, for pesticides that are classified as general use, restricted-use, or both under the federal Insecticide, Fungicide, and Rodenticide Act section 3(d)(1)(C)(ii) subject to restrictions under United States Environmental Protection Agency approved management plans funded through the fund established in RSA 430:34, V.
(y) The issuance of any order by the division pursuant to RSA 430:42, II concerning a violation of any provision of this subdivision or violation of any permit or certificate of registration issued under this subdivision.
V. Advise the commissioner of agriculture, markets, and food with respect to the administration and enforcement of this chapter.
VI. File a report annually with the senate president and speaker of the house of representatives, for distribution to all state legislators, regarding the policies and goals of the board and the enforcement of this subdivision.
Source. 1985, 72:1; 375:3. 1987, 164:3. 1991, 303:3. 1994, 24:2; 327:1; 380:3; 412:50. 1995, 130:5. 1997, 140:1, eff. June 9, 1997. 2004, 215:2, eff. Aug. 10, 2004. 2006, 326:2, eff. Aug. 25, 2006.