Browse Arkansas Code titles and sections
2-16-411. Unlawful actions — Exceptions.
Arkansas Code — all titles (historical 2020) · legal_authorities
2-16-411. Unlawful actions — Exceptions.
(a)(1) It is unlawful for any person to distribute in this state any of the following:
(A) Any pesticide which has not been registered under:
(i) The provisions of this subchapter; or
(ii) The provisions of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136 et seq.;
(B) Any pesticide if any of the claims made for it or any of the directions for its use or other labeling differs from the representations made in connection with its registration, or if the composition of a pesticide differs from its composition as represented in connection with its registration. A change in the labeling or formulation of a pesticide may be made within a registration period without requiring reregistration of the product if the registration is amended to reflect the change and if the change will not violate any provision of the Federal Insecticide, Fungicide, and Rodenticide Act or this subchapter;
(C) Any pesticide unless it is in the registrant's or the manufacturer's unbroken immediate container and there is affixed to the container, and to the outside container or wrapper of the retail package if there is one through which the required information on the immediate container cannot be clearly read, a label bearing the information required in this subchapter and the regulations adopted under this subchapter. The State Plant Board may designate that certain specified economic poisons may be sold by the manufacturers or dealers in bulk, in which case the label information required and any other statements required by this subchapter must be stated in or attached to the invoice. In addition, a copy of the invoice must be given to the purchaser at the time the economic poison is delivered;
(D) Any pesticide which has
Source: Arkansas Code — historical release 78 (November 6, 2020) · 2-16-411
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:2-16-411
Source file: gov.ar.code.title.02.odt
Pages: Not recorded – Not recorded
Passage SHA-256: acf554ee1a65d089322ceac624cc9801aad3c7391fcdf0ffdfdd8fde2df295be
Source location: content.xml paragraph 3282
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2-16-411. Unlawful actions — Exceptions.
(a)(1) It is unlawful for any person to distribute in this state any of the following:
(A) Any pesticide which has not been registered under:
(i) The provisions of this subchapter; or
(ii) The provisions of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136 et seq.;
(B) Any pesticide if any of the claims made for it or any of the directions for its use or other labeling differs from the representations made in connection with its registration, or if the composition of a pesticide differs from its composition as represented in connection with its registration. A change in the labeling or formulation of a pesticide may be made within a registration period without requiring reregistration of the product if the registration is amended to reflect the change and if the change will not violate any provision of the Federal Insecticide, Fungicide, and Rodenticide Act or this subchapter;
(C) Any pesticide unless it is in the registrant's or the manufacturer's unbroken immediate container and there is affixed to the container, and to the outside container or wrapper of the retail package if there is one through which the required information on the immediate container cannot be clearly read, a label bearing the information required in this subchapter and the regulations adopted under this subchapter. The State Plant Board may designate that certain specified economic poisons may be sold by the manufacturers or dealers in bulk, in which case the label information required and any other statements required by this subchapter must be stated in or attached to the invoice. In addition, a copy of the invoice must be given to the purchaser at the time the economic poison is delivered;
(D) Any pesticide which has not been colored or discolored under the provisions of § 2-16-406(a)(4) or of Section 25(c)(5) of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136w(c)(5);
(E) Any pesticide which is adulterated or misbranded or any device which is misbranded; and
(F) Any pesticide in containers which are unsafe due to damage.
(2) However, this subsection shall not apply to:
(A) Any carrier while lawfully engaged in transporting a pesticide within this state if the carrier shall, upon request, permit the board to copy all records showing the transactions in and movement of the pesticides or devices;
(B) Public officials of this state and the federal government while engaged in the performance of their official duties in administering state or federal pesticide laws or regulations or while engaged in pesticide research;
(C) The manufacturer or shipper of a pesticide for experimental use only by or under the supervision of an agency of this state or of the federal government authorized by law to conduct research in the field of pesticides if the manufacturer or shipper holds a valid experimental-use permit as provided for by § 2-16-409 or by the United States Environmental Protection Agency; or
(D) Any person who ships a substance or mixture of substances being put through tests, in which the purpose is only to determine its value for pesticide purposes or to determine its toxicity or other properties, from which the user does not expect to receive any benefit in pest control from its use.
(b) It shall be unlawful for any person to:
(1) Detach, alter, deface, or destroy, wholly or in part, any label or labeling provided for in this subchapter or in regulations adopted under this subchapter or to add any substance to or take any substance from a pesticide in a manner that may defeat the purpose of this subchapter or the regulations adopted hereunder;
(2) Use for his or her own advantage or to reveal, other than to the board, to properly designated state or federal officials, to employees of the state or federal executive agencies, to the courts of the state in response to a subpoena, to physicians, or in emergencies to pharmacists and other qualified persons for use in the preparation of antidotes, any information relative to formulas of products acquired by authority of § 2-16-407 or any information judged by the board as containing or relating to trade secrets or commercial or financial information obtained by authority of this subchapter and marked as privileged or confidential by the registrant;
(3) Handle, transport, store, display, or distribute pesticides in such a manner as to endanger man and his or her environment or to endanger food, feed, or any other products that may be transported, stored, displayed, or distributed with the pesticides;
(4) Dispose of, discard, or store any pesticides or pesticide containers in such a manner as to cause injury to humans, vegetation, crops, livestock, wildlife, or beneficial insects or to pollute any water supply or waterway; or
(5) Refuse or otherwise fail to comply with the provisions of this subchapter, the regulations adopted hereunder, or any lawful order of the board.
(c) No person shall transport, store, or dispose of any pesticide or pesticide containers in such a manner as to cause injury to humans, vegetation, crops, livestock, wildlife, or beneficial insects or to pollute any waterway in a way harmful to any wildlife therein. The board may promulgate rules and regulations governing the storing and disposal of pesticides or pesticide containers. In determining these standards, the board shall take into consideration any regulations issued by the United States Environmental Protection Agency.
(d) No pesticide or device shall be deemed in violation of this subchapter when intended solely for export to a foreign country, and when prepared or packed according to the specification or directions of the purchaser. If not so exported, all the provisions of this subchapter shall apply.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
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.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) **Regulations** — The Administrator is authorized, in accordance with the procedure described in paragraph (2), to prescribe regulations to carry out the provisions of this subchapter. Such regulations shall take into account the difference in concept and usage between various classes of pesticides, including public health pesticides, and differences in environmental risk and the appropriate data for evaluating such risk between agricultural, nonagricultural, and public health pesticides.
(2) **Procedure**
(A) *Proposed regulations* — At least 60 days prior to signing any proposed regulation for publication in the Federal Register, the Administrator shall provide the Secretary of Agriculture with a copy of such regulation. If the Secretary comments in writing to the Administrator regarding any such regulation within 30 days after receiving it, the Administrator shall publish in the Federal Register (with the proposed regulation) the comments of the Secretary and the response of the Administrator with regard to the Secretary’s comments. If the Secretary does not comment in writing to the Administrator regarding the regulation within 30 days after receiving it, the Administrator may sign such regulation for publication in the Federal Register any time after such 30-day period notwithstanding the foregoing 60-day time requirement.
(B) *Final regulations* — At least 30 days prior to signing any regulation in final form for publication in the Federal Register, the Administrator shall provide the Secretary of Agriculture with a copy of such regulation. If the Secretary comments in writing to the Administrator regarding any such final regulation within 15 days after receiving it, the Administrator shall publish in the Federal Register (with the f
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 136w
Stored review status: release_metadata_unconfirmed. The source passage cites 7 U.S.C. § 136w. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 269
TITLE 7—AGRICULTURE
§ 136w
under section 136w of this title, that a State is
not capable of exercising adequate controls to
assure that State registration under this section
will be in accord with the purposes of this sub-
chapter or has failed to exercise adequate con-
trols, the Administrator may suspend the au-
thority of the State to register pesticides until
such time as the Administrator is satisfied that
the State can and will exercise adequate con-
trols. Prior to any such suspension, the Admin-
istrator shall advise the State of the Adminis-
trator’s intention to suspend and the reasons
therefor and provide the State time to respond.
(June 25, 1947, ch. 125, § 24, as added Pub. L.
92–516, § 2, Oct. 21, 1972, 86 Stat. 997; amended
Pub. L. 95–396, § 22, Sept. 30, 1978, 92 Stat. 835;
Pub. L. 100–532, title VIII, § 801(m), Oct. 25, 1988,
102 Stat. 2682.)
Editorial Notes
REFERENCES IN TEXT
The Federal Food, Drug, and Cosmetic Act, referred
to in subsec. (c)(3), is act June 25, 1938, ch. 675, 52 Stat.
1040, which is classified generally to chapter 9 (§ 301 et
seq.) of Title 21, Food and Drugs. For complete classi-
fication of this Act to the Code, see section 301 of Title
21 and Tables.
AMENDMENTS
1988—Pub. L. 100–532, § 801(m), inserted headings for
subsecs. (a) to (c) and realigned margins of pars. (1) to
(4) of subsec. (c).
1978—Subsec. (a). Pub. L. 95–396 inserted ‘‘federally
registered’’ before ‘‘pesticide or device’’.
Subsec. (b). Pub. L. 95–396 substituted ‘‘labeling or
packaging’’ and ‘‘required under’’ for ‘‘labeling and
packaging’’ and ‘‘required pursuant to’’, respectively.
Subsec. (c)(1). Pub. L. 95–396 incorporated existing
text in provisions designated par. (1) and substituted
‘‘registration for additional uses of
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 136w
Stored review status: historical_2024_not_currentness_verified. The source passage cites 7 U.S.C. § 136w. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
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. The source passage cites 2-16-406. 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.
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. The source passage cites 2-16-409. This identifies an authority to review, not proof of applicability.