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2-16-407. Pesticide registration required.

Arkansas Code — all titles (historical 2020) · legal_authorities

2-16-407. Pesticide registration required.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 2-16-407

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:2-16-407
Source file: gov.ar.code.title.02.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 4ae1ce39bbc1cd9c0a5bd327e893e481e6f85b93c090ec67e24cc93e8193ab28

Source location: content.xml paragraph 3207

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2-16-407. Pesticide registration required. (a) Each pesticide must have been accepted for registration by the State Plant Board, and the registration must be in force at the time it is sold, offered for sale, or distributed in this state. Registration is not required if a pesticide is shipped from one (1) plant or warehouse to another plant or warehouse operated by the same person and used solely at the plant or warehouse as a constituent part to make a pesticide which is registered under the provisions of this subchapter or if the pesticide is distributed under the provisions of an experimental use permit issued under § 2-16-409 or an experimental use permit issued by the United States Environmental Protection Agency. (b) The applicant for registration shall file a statement with the board which shall include: (1) The name and address of the applicant and the name and address of the person whose name will appear on the label, if other than the applicant's; (2) The name of the pesticide; (3) Other necessary information required for completion of the board's application for registration form; and (4) A complete copy of the labeling accompanying the pesticide and a statement of all claims to be made for it, including the directions for use and the use classification as provided in the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136 et seq. (c) The board, when it deems it necessary in the administration of this subchapter, may require the submission of the complete formula of any pesticide, including the active and inert ingredients. (d) The board may require a full description of the tests made and the results upon which the claims are based on any pesticide not registered under Section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136a, or on any pesticide on which restrictions are being considered. In the case of renewal of registration, a statement shall be required only with respect to information which is different from that furnished when the pesticide was registered or last reregistered. (e) The board may prescribe other necessary information by rule. (f) The applicant desiring to register a pesticide shall pay an annual registration fee as prescribed in the rules of the board for each pesticide registered by the applicant. The annual registration fee shall be no less than sixty dollars ($60.00) for each product registered. All registrations shall expire December 31 each year. (g) Any registration approved by the board and in effect on December 31 for which a renewal application has been made and the proper fee paid shall continue in full force and effect until such time as the board notifies the applicant that the registration has been approved or denied, in accordance with the provisions of § 2-16-408. Forms for reregistration shall be mailed to registrants at least thirty (30) days before the due date. (h) Provided the board is certified by the Administrator of the United States Environmental Protection Agency to register pesticides to meet special local needs under Section 24(c) of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136v(c), the board shall require information set forth under subsections (b)-(e) of this section and shall register a pesticide if it determines that: (1) The pesticide's composition is such as to warrant the proposed claims for it; (2) The pesticide's labeling and other material required to be submitted comply with the requirements of this subchapter; (3) The pesticide will perform its intended function without unreasonable adverse effects on the environment; (4) When used in accordance with widespread and commonly recognized practice, the pesticide will not generally cause unreasonable adverse effects on the environment; and (5) The classification for general or restricted use is in conformity with Section 3(d) of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136a(d). (i) The board shall not make any lack of essentiality a criterion for denying registration of any pesticide. Where two (2) pesticides meet the requirements of this section, one (1) should not be registered in preference to the other.

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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. § 136a — Registration of pesticides

**(a) Requirement of registration** Except as provided by this subchapter, no person in any State may distribute or sell to any person any pesticide that is not registered under this subchapter. To the extent necessary to prevent unreasonable adverse effects on the environment, the Administrator may by regulation limit the distribution, sale, or use in any State of any pesticide that is not registered under this subchapter and that is not the subject of an experimental use permit under [section 136c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136c&num=0&edition=prelim) or an emergency exemption under [section 136p of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136p&num=0&edition=prelim). **(b) Exemptions** A pesticide which is not registered with the Administrator may be transferred if— (1) the transfer is from one registered establishment to another registered establishment operated by the same producer solely for packaging at the second establishment or for use as a constituent part of another pesticide produced at the second establishment; or (2) the transfer is pursuant to and in accordance with the requirements of an experimental use permit. **(c) Procedure for registration** (1) **Statement required** — Each applicant for registration of a pesticide shall file with the Administrator a statement which includes— (A) the name and address of the applicant and of any other person whose name will appear on the labeling; (B) the name of the pesticide; (C) a complete copy of the labeling of the pesticide, a statement of all claims to be made for it, and any directions for its use; (D) the complete formula of the pesticide; (E) a request that the pesticide be classi

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

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

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

7 U.S.C. § 136a — Registration of pesticides

Page 209 TITLE 7—AGRICULTURE § 136a [Another Food Quality Protection Act of 1996 was en- acted by Pub. L. 104–170, title IV, 110 Stat. 1513, see sec- tion 401(a) of Pub. L. 104–170, set out as a note under section 301 of Title 21, Food and Drugs.] SHORT TITLE OF 1988 AMENDMENT Pub. L. 100–532, § 1(a), Oct. 25, 1988, 102 Stat. 2654, pro- vided that: ‘‘This Act [enacting section 136a–1 of this title, amending this section and sections 136a to 136d, 136f to 136q, 136s, 136v to 136w–2, and 136y of this title, and enacting provisions set out as notes under this sec- tion and sections 136m and 136y of this title] may be cited as the ‘Federal Insecticide, Fungicide, and Rodenticide Act Amendments of 1988’.’’ SHORT TITLE OF 1978 AMENDMENT Pub. L. 95–396, § 29, Sept. 30, 1978, 92 Stat. 842, provided that: ‘‘This Act [enacting sections 136w–1 to 136w–4 of this title, amending this section and sections 136a to 136f, 136h, 136j, 136l, 136o, 136q, 136r, 136u to 136w, 136x, and 136y of this title, enacting provisions set out as notes under sections 136a, 136o, and 136w–4 of this title, and amending provisions set out as a note under this section] may be cited as the ‘Federal Pesticide Act of 1978’.’’ SHORT TITLE Pub. L. 92–516, § 1, Oct. 21, 1972, 86 Stat. 973, provided: ‘‘That this Act [amending this subchapter generally, enacting notes set out under this section, and amend- ing sections 1261 and 1471 of Title 15, Commerce and Trade, and sections 321 and 346a of Title 21, Foods and Drugs] may be cited as the ‘Federal Environmental Pesticide Control Act of 1972’.’’ Act June 25, 1947, ch. 125, § 1(a), as added by Pub. L. 92–516, § 2, Oct. 21, 1972, 86 Stat. 973, provided that: ‘‘This Act [enacting this subchapter] may be cited as the ‘Federal Insecticide, Fu

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

Stored review status: historical_2024_not_currentness_verified. The source passage cites 7 U.S.C. § 136a. 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

2-16-408. Registration of pesticides for local needs.

2-16-408. Registration of pesticides for local needs. (a) Provided the State Plant Board is certified by the Administrator of the United States Environmental Protection Agency to register pesticides for those pesticides formulated to meet special local needs, the board shall consider the following for refusal to register, for cancellation, for suspension, or for legal recourse: (1)(A) If it does not appear to the board that the pesticide is such as to warrant the proposed claims for it or if the pesticide and its labeling and other material required to be submitted do not comply with the provisions of this subchapter or regulations adopted hereunder, it shall notify the applicant of the manner in which the pesticide, labeling, or other material required to be submitted fails to comply with the provisions of this subchapter so as to afford the applicant an opportunity to make the necessary corrections. (B) If, upon receipt of the notice, the applicant does not make the required changes, the board may refuse to register the pesticide. (C) The applicant may request a hearing as provided for in the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; (2) When the board determines that a pesticide or its labeling does not comply with the provisions of this subchapter or the regulations adopted hereunder, it may cancel the registration of a pesticide after a hearing in accordance with the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; (3) When the board determines that there is an imminent hazard, it may on its own motion suspend the registration of a pesticide in conformance with the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Hearings shall be held with the utmost possible expedition; and (4

Source: Arkansas Code — historical release 78 (November 6, 2020) · 2-16-408

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 2-16-408. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

2-16-409. Experimental-use permits.

2-16-409. Experimental-use permits. (a) Provided the State Plant Board is authorized by the Administrator of the United States Environmental Protection Agency to issue experimental-use permits, the board may: (1) Issue an experimental-use permit to any person applying for an experimental-use permit if it determines that the applicant needs that permit in order to accumulate information necessary to register a pesticide under § 2-16-407; (2) Refuse to issue an experimental-use permit if it determines that the pesticide applications to be made under the proposed terms and conditions may cause unreasonable adverse effects on the environment; (3) Prescribe terms, conditions, and a period of time for the experimental-use permit which shall be under the supervision of the board; and (4) Revoke any experimental-use permit at any time if it finds that the permit's terms or conditions are being violated or that its terms and conditions are inadequate to avoid unreasonable adverse effects on the environment. (b) Regulations adopted under this subchapter as to experimental-use permits as authorized by the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136 et seq., shall not be inconsistent with the requirements of the Federal Insecticide, Fungicide, and Rodenticide Act and regulations promulgated thereunder.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 2-16-409

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 2-16-409. This identifies an authority to review, not proof of applicability.