Browse Arkansas Code titles and sections
2-16-409. Experimental-use permits.
Arkansas Code — all titles (historical 2020) · legal_authorities
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. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:2-16-409
Source file: gov.ar.code.title.02.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 4d749b01edf3713aca7de23f8205d647e516f464f9346416f7a57dde277827c7
Source location: content.xml paragraph 3249
Stored source content
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.
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Federal law — U.S. Code and appendices · legal_authorities
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
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.
Arkansas Code — all titles (historical 2020) · legal_authorities
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 Rode
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. The source passage cites 2-16-407. This identifies an authority to review, not proof of applicability.