Pesticides Controls

Section 430:42

    430:42 Administration and Enforcement. –
I. The commissioner through the division shall be responsible for and shall arrange for the administration and enforcement of the provisions of this subdivision and the administrative rules of the board.
II. The division may issue an order to any person in violation of any provision of this subdivision, a permit or certificate of registration issued under this subdivision, or a rule adopted under this subdivision, to cease and desist from any act in violation of such provision, the permit or certificate of registration, or the rule. Orders of the division issued under this section shall be effective immediately. Any person to whom an order is directed shall immediately comply, but may appeal the order to the board in accordance with the provisions of this subdivision.
III. The division is authorized to examine any pesticide for the purpose of determining whether it complies with the registration requirements set forth in RSA 430:36, RSA 430:37, and RSA 430:38.
IV. The division may hold hearings concerned with the issuance of permits and certificates of registration, and the enforcement of these and any other provisions under this subdivision.
V. The division may issue written "stop sale, use or removal" orders upon the owner or custodian of any pesticide or device when it is believed that such pesticide or device is being distributed in violation of any of the provisions of this subdivision, or of any of the prescribed rules under this subdivision. The pesticide or device shall not be sold, used or removed until the provisions of this subdivision have been complied with and the pesticide or device has been released by the division or the violation has been otherwise disposed of as provided in this subdivision by a court of competent jurisdiction.
VI. The division may seize for forfeiture any pesticide that is distributed, sold, or offered for sale within this state or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state which shall be liable to be proceeded against in any court in any county of the state where it may be found as provided by RSA 617:
(a) If it is adulterated or misbranded;
(b) If it has not been registered under the provisions of paragraph III; and
(c) If it fails to bear on its label the information required by this subdivision.
VII. The division may impose administrative fines, pursuant to RSA 430:45, III, in the enforcement of this subdivision, according to procedures set forth in RSA 541-A.

Source. 1985, 72:1; 375:3, eff. July 1, 1985.