Arkansas Legal Resource Navigator

2-16-406. Powers of State Plant Board.

Arkansas Code — all titles (historical 2020) · legal_authorities

2-16-406. Powers of State Plant Board.

2-16-406. Powers of State Plant Board. (a) The State Plant Board is authorized, after due notice and an opportunity for a hearing, to: (1) Declare as a pest any form of plant or animal life, other than man and other than bacteria, viruses, and other microorganisms on or in living man or other living animals, which is injurious to health or the environment; (2) Determine whether pesticides registered under the authority of Section 24(c) of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136v(c), are highly toxic to man. The definition of “highly toxic” in 16 C.F.R. § 1500.3(b)(6)(i), as issued or hereafter amended, shall govern the board's determination; (3) Determine pesticides, and quantities of substances contained in pesticides, which are injurious to the environment. The board shall be guided by the United States Environmental Protection Agency regulations in this determination; and (4) Prescribe regulations requiring any pesticide registered for special local needs to be colored or discolored if it determines that the requirement is feasible and is necessary for the protection of health and the environment. (b) The board is authorized to inspect pesticides wherever found and may sample and analyze or cause to be analyzed samples thereof, to determine compliance with this subchapter and the regulations adopted hereunder. (c) The board is authorized, after due notice and a public hearing, to make appropriate regulations where the regulations are necessary for the enforcement and administration of this subchapter. These regulations shall include, but not be limited to, regulations providing for: (1) The safe handling, transportation, storage, display, distribution, and disposal of pesticides and their containers; (2) Labeling req

Source: Arkansas Code — historical release 78 (November 6, 2020) · 2-16-406

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.

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Stable record: arkansas_code:legal_authorities:2-16-406
Source file: gov.ar.code.title.02.odt
Pages: Not recorded – Not recorded
Passage SHA-256: b857f3703be36b0e70b565f48859c3c8b3005117263f53d350281a16d7d0fda2

Source location: content.xml paragraph 3190

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2-16-406. Powers of State Plant Board. (a) The State Plant Board is authorized, after due notice and an opportunity for a hearing, to: (1) Declare as a pest any form of plant or animal life, other than man and other than bacteria, viruses, and other microorganisms on or in living man or other living animals, which is injurious to health or the environment; (2) Determine whether pesticides registered under the authority of Section 24(c) of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136v(c), are highly toxic to man. The definition of “highly toxic” in 16 C.F.R. § 1500.3(b)(6)(i), as issued or hereafter amended, shall govern the board's determination; (3) Determine pesticides, and quantities of substances contained in pesticides, which are injurious to the environment. The board shall be guided by the United States Environmental Protection Agency regulations in this determination; and (4) Prescribe regulations requiring any pesticide registered for special local needs to be colored or discolored if it determines that the requirement is feasible and is necessary for the protection of health and the environment. (b) The board is authorized to inspect pesticides wherever found and may sample and analyze or cause to be analyzed samples thereof, to determine compliance with this subchapter and the regulations adopted hereunder. (c) The board is authorized, after due notice and a public hearing, to make appropriate regulations where the regulations are necessary for the enforcement and administration of this subchapter. These regulations shall include, but not be limited to, regulations providing for: (1) The safe handling, transportation, storage, display, distribution, and disposal of pesticides and their containers; (2) Labeling requirements of all pesticides required to be registered under provisions of this subchapter. The regulations shall not impose any requirements for federally registered labels in addition to or different from those required under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136 et seq.; (3) Specifying those classes of devices which shall be subject to any provision of § 2-16-410. (d) For the purpose of uniformity and in order to enter into cooperative agreements, the board may: (1) Adopt restricted-use pesticides classifications as determined by the United States Environmental Protection Agency. In addition, the board may declare certain pesticides or pesticide uses as state-restricted pesticides when, after investigation and public hearing, it finds and determines the pesticide to be injurious to persons, animals, or vegetation other than the pest or vegetation which it is intended to destroy, or otherwise requires additional restrictions under the conditions set forth in § 2-16-403(29). The sale or distribution of such pesticides in Arkansas or their use in pest control or other operation is prohibited, except in accordance with such rules and regulations as may be made by the board after a public hearing. The rules and regulations may include rules and regulations prescribing the time when and the conditions under which the materials may be used in different areas in the state. The board, in its rules and regulations, may charge inspection and permit fees sufficient to cover the cost of enforcement of this subdivision (d)(1); and (2) Adopt regulations in conformity with the primary pesticide standards, particularly as to labeling and registration requirements, as established by the United States Environmental Protection Agency or other federal or state agencies.

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 136 — Definitions

For purposes of this subchapter— **(a) Active ingredient** The term “active ingredient” means— (1) in the case of a pesticide other than a plant regulator, defoliant, desiccant, or nitrogen stabilizer, an ingredient which will prevent, destroy, repel, or mitigate any pest; (2) in the case of a plant regulator, an ingredient which, through physiological action, will accelerate or retard the rate of growth or rate of maturation or otherwise alter the behavior of ornamental or crop plants or the product thereof; (3) in the case of a defoliant, an ingredient which will cause the leaves or foliage to drop from a plant; (4) in the case of a desiccant, an ingredient which will artificially accelerate the drying of plant tissue; and (5) in the case of a nitrogen stabilizer, an ingredient which will prevent or hinder the process of nitrification, denitrification, ammonia volatilization, or urease production through action affecting soil bacteria. **(b) Administrator** The term “Administrator” means the Administrator of the Environmental Protection Agency. **(c) Adulterated** The term “adulterated” applies to any pesticide if— (1) its strength or purity falls below the professed standard of quality as expressed on its labeling under which it is sold; (2) any substance has been substituted wholly or in part for the pesticide; or (3) any valuable constituent of the pesticide has been wholly or in part abstracted. **(d) Animal** The term “animal” means all vertebrate and invertebrate species, including but not limited to man and other mammals, birds, fish, and shellfish. **(e) Certified applicator, etc.** (1) **Certified applicator** — The term “certified applicator” means any individual who is certified under [section 136i of this title](https://uscode.house.gov/view.

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 136

Stored review status: release_metadata_unconfirmed. The source passage cites 7 U.S.C. § 136. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 136 — Definitions

Page 202 TITLE 7—AGRICULTURE §§ 135 to 135k with respect to any violations, liabilities incurred, or appeals taken prior to such date of repeal or to sales, shipments, or deliveries of insecticides and fungicides exempted by the Secretary. SUBCHAPTER II—ENVIRONMENTAL PESTICIDE CONTROL §§ 135 to 135k. Omitted Editorial Notes CODIFICATION Sections 135 to 135k, acts June 25, 1947, ch. 125, §§ 2–13, 61 Stat. 163–172; Aug. 7, 1959, Pub. L. 86–139, § 2, 73 Stat. 286; May 12, 1964, Pub. L. 88–305, §§ 1–6, 78 Stat. 190–193; Oct. 15, 1970, Pub. L. 91–452, title II, § 204, 84 Stat. 928; Dec. 30, 1970, Pub. L. 91–601, § 6(b), formerly § 7(b), 84 Stat. 1673, renumbered, Aug. 13, 1981, Pub. L. 97–35, title XII, § 1205(c), 95 Stat. 716, which related to economic poison control, were superseded by the amendments made to act June 25, 1947, by Pub. L. 92–516, Oct. 21, 1972, 86 Stat. 975. See section 4 of Pub. L. 92–516, set out as a note under section 136 of this title. The provisions of act June 25, 1947, as amended by Pub. L. 92–516, are set out in section 136 et seq. of this title. Section 135 provided definitions for the purposes of this subchapter. Section 135a related to prohibited acts. Section 135b related to registration of economic poi- sons. Section 135c related to access, inspection, and use in criminal prosecutions of books and records. Section 135d related to rules and regulations, exam- ination of economic poisons or devices, notification to violators, certification to United States attorney, duty of attorney, and publication of judgments. Section 135e related to exemptions from penalties. Section 135f provided for penalties. Section 135g related to seizure, disposal, and award of costs against claimant. Section 135h related to refusal of

Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 136

Stored review status: historical_2024_not_currentness_verified. The source passage cites 7 U.S.C. § 136. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 136v — Authority of States

**(a) In general** A State may regulate the sale or use of any federally registered pesticide or device in the State, but only if and to the extent the regulation does not permit any sale or use prohibited by this subchapter. **(b) Uniformity** Such State shall not impose or continue in effect any requirements for labeling or packaging in addition to or different from those required under this subchapter. **(c) Additional uses** (1) A State may provide registration for additional uses of federally registered pesticides formulated for distribution and use within that State to meet special local needs in accord with the purposes of this subchapter and if registration for such use has not previously been denied, disapproved, or canceled by the Administrator. Such registration shall be deemed registration under [section 136a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136a&num=0&edition=prelim) for all purposes of this subchapter, but shall authorize distribution and use only within such State. (2) A registration issued by a State under this subsection shall not be effective for more than ninety days if disapproved by the Administrator within that period. Prior to disapproval, the Administrator shall, except as provided in paragraph (3) of this subsection, advise the State of the Administrator’s intention to disapprove and the reasons therefor, and provide the State time to respond. The Administrator shall not prohibit or disapprove a registration issued by a State under this subsection (A) on the basis of lack of essentiality of a pesticide or (B) except as provided in paragraph (3) of this subsection, if its composition and use patterns are similar to those of a federally registered pesticide. (3) In no instance may a Sta

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 136v

Stored review status: release_metadata_unconfirmed. The source passage cites 7 U.S.C. § 136v. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 136v — Authority of States

Page 268 TITLE 7—AGRICULTURE § 136u Statutory Notes and Related Subsidiaries EFFECTIVE DATE For effective date of section, see section 4 of Pub. L. 92–516, set out as a note under section 136 of this title. § 136u. State cooperation, aid, and training (a) Cooperative agreements The Administrator may enter into cooperative agreements with States and Indian tribes— (1) to delegate to any State or Indian tribe the authority to cooperate in the enforcement of this subchapter through the use of its per- sonnel or facilities, to train personnel of the State or Indian tribe to cooperate in the en- forcement of this subchapter, and to assist States and Indian tribes in implementing co- operative enforcement programs through grants-in-aid; and (2) to assist States in developing and admin- istering State programs, and Indian tribes that enter into cooperative agreements, to train and certify applicators consistent with the standards the Administrator prescribes. Effective with the fiscal year beginning October 1, 1978, there are authorized to be appropriated annually such funds as may be necessary for the Administrator to provide through cooperative agreements an amount equal to 50 percent of the anticipated cost to each State or Indian tribe, as agreed to under such cooperative agreements, of conducting training and certification programs during such fiscal year. If funds sufficient to pay 50 percent of the costs for any year are not ap- propriated, the share of each State and Indian tribe shall be reduced in a like proportion in al- locating available funds. (b) Contracts for training In addition, the Administrator may enter into contracts with Federal, State, or Indian tribal agencies for the purpose of encouraging the training of certified a

Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 136v

Stored review status: historical_2024_not_currentness_verified. The source passage cites 7 U.S.C. § 136v. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

2-16-403. Definitions.

2-16-403. Definitions. As used in this subchapter, unless the context otherwise requires: (1) “Active ingredient” means any ingredient which will prevent, destroy, repel, control, or mitigate pests or which will act as a plant regulator, defoliant, desiccant, or spray adjuvant; (2) “Adulterated” shall apply to any pesticide if its strength or purity falls below the professed standard or quality as expressed on its labeling or under which it is sold, if any substance has been substituted wholly or in part for the pesticide, or if any valuable constituent of the pesticide has been wholly or in part abstracted; (3) “Animal” means all vertebrate and invertebrate species, including, but not limited to, man and other mammals, birds, fish, and shellfish; (4) “Beneficial insects” means those insects which during their life cycle are effective pollinators of plants, are parasites or predators of pests, or are otherwise beneficial; (5) “Defoliant” means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission; (6) “Desiccant” means any substance or mixture of substances intended for artificially accelerating the drying of plant tissue; (7) “Device” means any instrument or contrivance, other than a firearm, which is intended for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life, other than man, and other than bacteria, virus, or other microorganism on or in living man or other living animals; but not including equipment used for the application of pesticides when sold separately from the sale of pesticides; (8) “Distribute” means to offer for sale, hold for sale, sell, barter, ship, deliver for shipment, or receive and having so receive

Source: Arkansas Code — historical release 78 (November 6, 2020) · 2-16-403

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 2-16-403. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

2-16-410. Misbranded pesticides.

2-16-410. Misbranded pesticides. A pesticide is misbranded: (1) If its labeling bears any statement, design, or graphic representation relative to the pesticide or to its ingredients which is false or misleading in any particular; (2) If it is an imitation of or is distributed under the name of another pesticide; (3) If any word, statement, or other information required to appear on the label or labeling is not prominently placed thereon with such conspicuousness, compared with other words, statements, designs, or graphic matter in the labeling, and in such terms, as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; (4) If the labeling does not contain a statement of the federal use classification under which the product is registered; (5) If the labeling accompanying it does not contain directions for use which are necessary for effecting the purpose for which the product is intended, and the directions if complied with, together with any requirements imposed under Section 3(3) of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136a, are adequate to protect health and the environment; (6) If the label does not bear: (A) The name, brand, or trademark under which the pesticide is distributed; (B) An ingredient statement on that part of the immediate container and on the outside container and wrapper of the retail package, if there is one, through which the ingredient statement on the immediate container cannot be clearly read, which is presented or displayed under customary conditions of purchase. The ingredient statement may appear prominently on another part of the container as permitted under Section 2(q)(2)(A) of the Federal Insecticide, Fungicide, and Rodenti

Source: Arkansas Code — historical release 78 (November 6, 2020) · 2-16-410

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 2-16-410. This identifies an authority to review, not proof of applicability.