20-20-206. State Plant Board — Powers and duties.

20-20-206. State Plant Board — Powers and duties. (a)(1) The State Plant Board shall administer and enforce this subchapter and shall have authority to issue rules after a public hearing following due notice to all interested persons to carry out the provisions of this subchapter. When the board finds it necessary to carry out the purpose and intent of this subchapter, rules may relate to the time, place, manner, amount, concentration, or other conditions under which pesticides may be distributed or applied and may restrict or prohibit use of pesticides in designated areas during specified periods of time to prevent unreasonable adverse effects by drift or misapplication to: (A) Plants, including forage plants, or adjacent or nearby lands; (B) Wildlife in the adjoining or nearby areas; (C) Fish and other aquatic life in waters in reasonable proximity to the area to be treated; and (D) Humans, animals, or beneficial insects. (2) In issuing rules, the board shall give consideration to pertinent research findings and recommendations of other agencies of this state, the United States Government, or other reliable sources. The board may by rule require that notice of a proposed application of a pesticide be given to owners or persons in control of lands adjoining the property to be treated or in the immediate vicinity thereof if it finds that the notice is necessary to carry out the purpose of this subchapter. (b)(1) For the purpose of uniformity and in order to enter into cooperative agreements, the board shall consider as restricted-use pesticides those uses or pesticides classified as such by the United States Environmental Protection Agency. In addition, the board may declare certain pesticides or pesticide uses as state restricted-use pesticides when after investigation it finds and determines the pesticides or pesticide uses to be injurious to humans, 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 § 20-20-203(26). (2) The sale or distribution of pesticides for such uses in Arkansas or their use in pest control or other operation is prohibited, except in accordance with such rules as may be made by the board after a public hearing. (3) The rules shall include rules which prescribe the time when and the conditions under which the materials may be used in different areas of the state. (4) The board in its rules may charge inspection, permit, and license fees sufficient to cover the cost of enforcement of this subsection. (c) Rules adopted under this subchapter shall not permit any pesticide use which is prohibited by the Federal Insecticide, Fungicide, and Rodenticide Act and regulations or orders issued under the Federal Insecticide, Fungicide, and Rodenticide Act. (d) Rules adopted under this subchapter as to applicators of restricted-use pesticides as designated under the Federal Insecticide, Fungicide, and Rodenticide Act shall not be inconsistent with the requirements of the Federal Insecticide, Fungicide, and Rodenticide Act and regulations promulgated under the Federal Insecticide, Fungicide, and Rodenticide Act. (e) After notice and opportunity for hearing, the board may declare as a pest any form of plant or animal life, other than humans and other than bacteria, viruses, and other microorganisms on or in living humans or other living animals, which is injurious to health or the environment. (f) In order to comply with section 4 of the Federal Insecticide, Fungicide, and Rodenticide Act, the board may make such reports to the United States Environmental Protection Agency in such form and containing such information as the United States Environmental Protection Agency may from time to time require.