T22CH34

Title 22 > T22CH34

Sections (31)

22-3401

TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 34 PESTICIDES AND CHEMIGATION 22-3401. Definitions. When used in this act: (1) Adulterated means a pesticide is adulterated for the purpose of this act if the strength or purity of the pesticide is below the purported or professed standard of quality as expressed in its labeling, or any substance has been substituted wholly or in part for any ingredient of the pesticide, or any valuable constituent thereof has been omitted wholly or in part. (2) Antipollution device means any mechanical equipment used to reduce hazard to the environment in cases of malfunction or shutdown of chemigation equipment during chemigation and may include, but not be limited to, interlock, irrigation line check valve, chemical line closure device, vacuum relief device and automatic low-pressure drain. (3) Certified applicator means a person who has qualified as a professional applicator, or private applicator under the provisions of this act and the rules promulgated by the director. (4) Chemical means any fertilizer or pesticide. (5) Chemigation means any process whereby chemicals are added to irrigation water applied to land, crops or plants through an irrigation system, such as, but not limited to, agricultural, nursery, turf, lawn, golf course and greenhouse sites. (6) Chemigation applicator means a person who: (a) applies chemicals through irrigation systems on land owned or rented by him or his employer; or (b) applies chemicals through irrigation systems on the land or property of another for compensation. (7) Defoliant means any substance or mixture of substances intended for causing the foliage to drop from a plant, with or without causing abscission. (8) Department means the Idaho department of agriculture. (9) Desiccant means any substance or mixture of substances intended for artificially accelerating the drying of plant tissues. (10) Designated agent means an employee or agent of the state authorized by the director to perform various duties in connection with enforcement of this act. (11) Device means an instrument or contrivance, other than a firearm, intended to trap, destroy, control, repel or mitigate 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 does not include equipment used for the application of pesticides when sold separately therefrom. (12) Director means the director of the department of agriculture of the state of Idaho. (13) Distribute means to offer for sale, hold for sale, sell, barter, ship, deliver for shipment, or receive and, having so received, deliver or offer to deliver, pesticides in this state. (14) Environment includes water, air, land, and all plants and man and other animals living therein, and the interrelationships which exist among these. (15) EPA means the United States Environmental Protection Agency. (16) Fertilizer means any formulation or product used as

22-3402

TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 34 PESTICIDES AND CHEMIGATION 22-3402. Registration — Labels — Information required — Fees. (1) Any pesticide which is distributed within this state shall be registered with the department, and such registration shall be renewed annually. (2) The registrant shall file with the department a statement including: (a) The name and address of the registrant and the name and address of the person whose name will appear on the label, if other than the registrant; and (b) the name of the pesticide; and (c) a complete copy of the labeling except for annual renewals where the registrant has certified that the product label on file with the department is unchanged; and (d) if requested by the director the registrant shall furnish efficacy data upon which all the label claims are based for those products registered for special local needs as provided for in Section 24(c) of the Federal Insecticide, Fungicide, Rodenticide Act; and (e) such other information as the director may require. (3) Contents of the label: (a) All pesticide labels shall contain statements, words, graphic material and any other information required by federal laws; and (b) all labels for spray adjuvants shall contain but are not limited to: 1. The name of the pesticide; and 2. the name and address of the manufacturer. An unqualified name and address listed on the label shall be considered the manufacturer’s name and address; and 3. the registrant’s name and address. If the registrant’s name appears on the label and the registrant is not the manufacturer, it must be qualified by appropriate wording such as packaged for or distributed by ; and 4. the net contents; and 5. the name and type of functioning agents. If more than three (3) agents are present, only the three (3) principal agents need be named; and 6. the total percentage of constituents ineffective as a spray adjuvant; and 7. directions for use. (4) Pesticides which have identical ingredient statements, identical label claims, are manufactured by the same company, and the labels of which bear a designation identifying the products as the same pesticide may be registered as a single pesticide provided the additional product names and labels are supplied and specified as one (1) pesticide. (5) The director may register a pesticide if he determines that, when considered in connection with any restrictions imposed under section 22-3419 , Idaho Code: (a) Its composition is such as to warrant the proposed claims for it; and (b) its labeling and other material required to be submitted comply with requirements of federal law and Idaho law; and (c) it will not cause an unreasonable adverse effect on the environment; and (d) in the case of an application for registration for a special local need: 1. A special local need exists, and 2. authority to issue the registration in question has been obtained from the administrator of EPA, pursuant to Section 24(c), Federal Insecticide, Fungicide, Rodent

22-3403

TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 34 PESTICIDES AND CHEMIGATION 22-3403. Experimental permits. Provided that the state is authorized by the Administrator of EPA to issue experimental permits and subject to the terms and conditions of such authorization, the director may: (1) Issue an experimental permit to any person applying for an experimental permit if he determines that the applicant needs such permit in order to accumulate information necessary to register a pesticide for a special local need under section 22-3402 (5), Idaho Code, and that the pesticide use under the proposed terms and conditions would not cause unreasonable adverse effects on the environment. (2) Prescribe terms, conditions, and period of time for the experimental permit. (3) Revoke or modify any experimental permit, at any time, if he finds that its terms or conditions are being violated, or that its terms and conditions are inadequate to avoid unreasonable adverse effects on the environment. History: [22-3403, added 1976, ch. 190, sec. 2, p. 695; am. 1996, ch. 22, sec. 3, p. 49.]

22-3404

TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 34 PESTICIDES AND CHEMIGATION 22-3404. Pesticide and chemigation applicators — Classification licensing requirements. (1) The director may classify pesticide applicator licenses issued under this act. Such classifications may include but are not limited to professional applicators, private applicators, and chemigation applicators. Separate licensing requirements and testing procedures may be utilized for each classification. (2) Chemigation Applicators. Any user of a chemigation system must be at least eighteen (18) years of age and shall be certified for competency by the department. (a) On the application to perform chemigation, the applicant must certify that the equipment and system he plans to use for chemigation meet department standards and provide other relevant information. (b) Financial requirements and fees for chemigation certification shall be commensurate with state requirements for professional and private applicators. (3) Professional Applicators. No person shall act as a professional applicator without first obtaining a professional applicator’s license issued by the department. (a) Application for a license shall be on a form prescribed by the department and shall be accompanied by a fee as prescribed by rule; (b) An applicant must be at least eighteen (18) years of age and must pass the department’s examination in order to demonstrate his knowledge of how to apply, use and handle pesticides or chemicals in areas relevant to the operations he intends to undertake, or proper equipment and methods for injecting chemicals through irrigation systems; (c) Show proof of financial responsibility as prescribed by rule; (d) An examination fee will be charged as prescribed by rule and an additional examination fee of five dollars ($5.00) shall be charged when an exam is requested at other than a regularly scheduled examination date; and (e) If at any time a licensed professional applicator fails to maintain the financial responsibility required by paragraph (c) of this subsection, his license shall be automatically suspended until the department receives verification that he is in compliance with paragraph (c) of this subsection. (4) Private Applicator. No person shall act as a private applicator without first obtaining a private applicator license issued by the department. (a) Application for a license shall be on a form prescribed by the department; (b) An applicant must be at least eighteen (18) years of age and must pass the department’s examination in order to demonstrate his knowledge of how to apply, use and handle pesticides or chemicals in areas relevant to the operations he intends to undertake or proper equipment and methods for injecting chemicals through irrigation systems; and (c) An applicant must pay a license fee as prescribed by rule. (5) If the director finds an applicant qualified for a professional, private, or chemigation applicator’s license, and if an applicant applying

22-3406

TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 34 PESTICIDES AND CHEMIGATION 22-3406. Pesticide dealers. No person shall act as a pesticide dealer without first obtaining a pesticide dealer’s license issued by the department. (1) Licensing: (a) Application for a pesticide dealer’s license shall be on a form prescribed by the department and shall be accompanied by a fee as prescribed by rule; and (b) an applicant who sells restricted-use pesticides must pass the department’s examination and obtain a professional applicator’s license in order to demonstrate his knowledge of how to use and handle pesticides in areas relevant to the operation he intends to undertake; and (c) such application shall be due as prescribed by rule; and (d) a license shall be required for each location, outlet, or warehouse from which such pesticides are distributed; and (e) for an applicant selling restricted-use pesticides an examination fee will be charged as prescribed by rule and an additional examination fee of five dollars ($5.00) shall be charged when an exam is requested at other than a regularly scheduled examination date. (2) Records and Reports: (a) Restricted-use pesticides or devices: The director shall require a pesticide dealer to keep accurate sale and distribution records of restricted-use pesticides or devices as prescribed by rule; (i) The director may also require a pesticide dealer to maintain other records and furnish reports for restricted-use pesticides or devices he determines necessary to implement the provisions of this act; and (ii) Records shall be maintained for three (3) years and be available for inspection and reproduction by the director at all reasonable times; and (iii) The dealer shall be required to post total sales of each restricted-use pesticide by county and shall not include detailed customer sales records or customer invoice records. This report shall be furnished to the director no more than two (2) times per year as prescribed by rule. (b) General use pesticides: The director shall require a pesticide dealer to keep accurate sale and distribution records as prescribed by rule of general use pesticides except those exempted in subsection (4) of this section. (i) Records shall be maintained for three (3) years and be available for inspection and reproduction by the director at all reasonable times; and (ii) The dealer shall be required to report total sales of each general use pesticide by county and shall not include detailed customer sales records or customer invoice records. This report shall be furnished to the director no more than two (2) times per year as prescribed by rule; and (iii) The director may require dealers to furnish other reports of these records in the case of emergency as provided by rule. (3) Pesticide dealers shall sell restricted-use pesticides (RUP) only to licensed professional and private applicators, and dealers; however, pesticide dealers may sell an RUP to an unlicensed person provided the applicatio

22-3406A

TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 34 PESTICIDES AND CHEMIGATION 22-3406A. Responsibilities of chemical suppliers. Any person who supplies or sells at retail a chemical and who knows or has reason to know that the chemical will be applied by chemigation shall sell chemicals only to licensed chemigation applicators. History: [22-3406A, added 1999, ch. 69, sec. 6, p. 187; am. 2024, ch. 52, sec. 3, p. 266.]

22-3406B

TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 34 PESTICIDES AND CHEMIGATION 22-3406B. Chemigator responsibilities. The chemigator shall be responsible for assuring that the irrigation system and chemigation equipment functions properly. History: [22-3406B, added 1999, ch. 69, sec. 7, p. 187.]

22-3407

TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 34 PESTICIDES AND CHEMIGATION 22-3407. Requalification. The director may renew any applicant’s license or permit issued under the provisions of this act provided the applicant has met the requirements imposed by the director to ensure that the applicant continues to meet the requirements of changing technology and to assure the proper and safe use of pesticides or chemicals. History: [22-3407, added 1976, ch. 190, sec. 2, p. 699; am. 1999, ch. 69, sec. 8, p. 187.]

22-3407A

TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 34 PESTICIDES AND CHEMIGATION 22-3407A. Use of irrigation system for chemigation — Compliance with standards and requirements. Any person who utilizes an irrigation system for chemigation shall comply with any standards and requirements which are established pursuant to section 22-3421 , Idaho Code, and shall be certified and licensed as provided in this chapter. History: [22-3407A, added 1999, ch. 69, sec. 9, p. 188.]

22-3407B

TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 34 PESTICIDES AND CHEMIGATION 22-3407B. Department to compile list. The department shall compile a list of the types of chemigation systems or portions thereof which may be used by persons to apply chemicals through an irrigation system in accordance with the rules promulgated under section 22-3421 , Idaho Code. This list shall be made public and constitutes state recognition of a chemigation system. History: [22-3407B, added 1999, ch. 69, sec. 10, p. 188.]

22-3408

TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 34 PESTICIDES AND CHEMIGATION 22-3408. Stop sale, use or removal order and chemigation stop work order. (1) The department may issue and enforce a written stop sale, use or removal order to the owner or custodian of any pesticide or device to hold such pesticide or device at a designated place when the department finds such pesticide or device being distributed in violation of any of the provisions of this act or rules, or is likely to cause unreasonable adverse effects on the environment. The director shall release the pesticide or device by written order when the owner or custodian has complied with all of the provisions of this act and rules. (2) The department may issue and enforce a written or printed chemigation stop work order to any person engaged in, conducting or carrying on chemigation when the department finds the chemigation is in violation of the provisions of this chapter or any rules promulgated pursuant to this chapter. (3) The chemigation stop work order shall be in effect until the provisions of this chapter or rules promulgated pursuant to this chapter have been complied with. History: [22-3408, added 1976, ch. 190, sec. 2, p. 699; am. 1996, ch. 22, sec. 7, p. 53; am. 1999, ch. 69, sec. 11, p. 188.]

22-3409

TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 34 PESTICIDES AND CHEMIGATION 22-3409. Denial, suspension, or revocation of a license or permit. The director is authorized subsequent to a hearing in accordance with the provisions of chapter 52, title 67 , Idaho Code, to deny, suspend, revoke or modify any license or permit provided for in this act in any case in which he finds that the holder of an applicator’s license, operator’s license or permit has been convicted or is subject to a final order imposing a civil penalty under Section 14, Federal Insecticide, Fungicide, Rodenticide Act, or that there has been a failure or refusal to comply with the provisions of this act or rules promulgated by the director. History: [22-3409, added 1976, ch. 190, sec. 2, p. 699; am. 1996, ch. 22, sec. 8, p. 53.]

22-3410

TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 34 PESTICIDES AND CHEMIGATION 22-3410. Reciprocity. The director may at his discretion issue a license or permit without examination to a nonresident who is licensed or certified in another jurisdiction where the requirements are substantially in accordance with the provisions of this act. History: [22-3410, added 1976, ch. 190, sec. 2, p. 700.]

22-3411

TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 34 PESTICIDES AND CHEMIGATION 22-3411. Change of address or place of business. Any person who has been issued a license or permit under the provisions of this act shall immediately notify the department in writing when he changes his address or place of business. History: [22-3411, added 1976, ch. 190, sec. 2, p. 700; am. 1996, ch. 22, sec. 9, p. 54.]

22-3412

TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 34 PESTICIDES AND CHEMIGATION 22-3412. Delegation of duties. All authority vested in the director by virtue of the provisions of this act may with like force and effect be executed by designated employees of the department of agriculture as the director may from time to time designate for said purpose. History: [22-3412, added 1976, ch. 190, sec. 2, p. 700.]

22-3413

TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 34 PESTICIDES AND CHEMIGATION 22-3413. Container disposal. Partially full or empty pesticide containers shall be disposed of as prescribed by the Idaho department of environmental quality and in accordance with federal regulations. History: [22-3413, added 1976, ch. 190, sec. 2, p. 700; am. 2001, ch. 103, sec. 4, p. 260.]

22-3414

TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 34 PESTICIDES AND CHEMIGATION 22-3414. Inspection. (1) For the purpose of carrying out the provisions of this act the director may enter on any public or private premises at reasonable times in order to have access for the purpose of observing the use and application of pesticides, inspecting records that are required to be maintained by this act, chemigation equipment and standards, chemical use for chemigation, spraying equipment, storage facilities, disposal areas, investigating complaints of injury, inspection and sampling of land and sampling pesticides being distributed, offered for sale, applied or to be applied. The department shall conduct annual chemigation system inspections to assure the effectiveness of the chemigation system from keeping chemicals out of surface and ground water. (2) Should the director be denied access to any land where such access was sought for the purposes set forth in this act, he may apply to any court of competent jurisdiction for a search warrant authorizing access to such land for said purposes. The court may, upon such application, issue the search warrant for the purposes requested. History: [22-3414, added 1976, ch. 190, sec. 2, p. 700; am. 1999, ch. 69, sec. 12, p. 189; am. 2024, ch. 52, sec. 4, p. 266.]

22-3415

TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 34 PESTICIDES AND CHEMIGATION 22-3415. Fees collected — Disposition. All fees collected under the provisions of this act shall be deposited with the state treasurer and be credited to the pesticide fund of the department of agriculture to be used only for carrying out the provisions of this act. History: [22-3415, added 1976, ch. 190, sec. 2, p. 700.]

22-3416

TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 34 PESTICIDES AND CHEMIGATION 22-3416. Cooperation with other agencies. The director is authorized to cooperate with and enter into agreements with any other state or federal agency in order to carry out the provisions of this act and to assure uniformity of rules and regulations. History: [22-3416, added 1976, ch. 190, sec. 2, p. 701; am. 1996, ch. 22, sec. 10, p. 54.]

22-3417

TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 34 PESTICIDES AND CHEMIGATION 22-3417. Damage claims. (1) Any individual suffering loss or damage resulting from the use or application by others of any pesticide must file with the department a written report of loss which contains but is not limited to the following information: (a) The name and address of the claimant; and (b) the type of property alleged to be damaged; and (c) the name of the individual applying the pesticide and allegedly responsible; and (d) the name of the owner or lessee of the property for whom such application of pesticide was made. This report must be filed within sixty (60) days of the occurrence of the alleged damage, or prior to the harvest of more than twenty-five percent (25%) of such damaged crop. (2) The filing of such report or the failure to file such a report need not be alleged in any complaint which might be filed in a court of law, and the failure to file the report shall not be considered a bar to the maintenance of any criminal or civil action. (3) The failure to file such a report shall not be a violation of this act. (4) The department may investigate and determine the nature and extent of the alleged damage. (5) The department shall prepare and file in its office a report of its investigation. (6) Copies of the report made by the department may be given upon request to individuals who are financially interested in the matter. History: [22-3417, added 1976, ch. 190, sec. 2, p. 701.]

22-3417A

TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 34 PESTICIDES AND CHEMIGATION 22-3417A. Liability limited. There shall be no liability on the part of and no action for damages against any aerial pesticide applicator for the noise of application in the vicinity of a ratite farm if the applicator notifies the owner of the ratites not less than twenty-four (24) hours nor more than forty-eight (48) hours prior to the application. Provided however, that the applicator shall follow all federal aviation administration rules and regulations and all state statutes and rules regarding aerial applications. The provisions of this section shall not limit liability for harassment or willful violations of state or federal law or rules or regulations promulgated pursuant to those laws. History: [22-3417A, added 1995, ch. 217, sec. 1, p. 755.]

22-3417B

TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 34 PESTICIDES AND CHEMIGATION 22-3417B. FALSE REPORT OF DAMAGE CLAIM. Any person who intentionally and willfully makes a damage claim to a law enforcement agency or the Idaho state department of agriculture knowing such report to be false shall be guilty of a misdemeanor. History: [22-3417B, added 2024, ch. 88, sec. 1, p. 427.]

22-3418

TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 34 PESTICIDES AND CHEMIGATION 22-3418. Restricted pesticide use. (1) The director may by rule restrict or prohibit the use of pesticides if he finds that the labeled use of such pesticides requires the rules restricting their use are necessary to prevent injury to land, people, animals, crops or the environment other than the pests of vegetation which they are intended to destroy. (2) The areas affected, and the time and conditions of use of such restricted-use pesticides shall be prescribed by rule. History: [22-3418, added 1976, ch. 190, sec. 2, p. 701; am. 1996, ch. 22, sec. 11, p. 54.]

22-3419

TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 34 PESTICIDES AND CHEMIGATION 22-3419. Procedure for establishing a restricted area. (1) The director may upon his own initiative, or upon the petition of a number of owners, lessees or operators of land in an area within a county or two (2) or more contiguous counties in the state may, if it is deemed necessary, issue a proposal to establish a restricted area. The proposal shall set forth the boundaries of the area and the rules proposed to govern the use of pesticides. The director shall hold a hearing in accordance with the provisions of the administrative procedure act, chapter 52, title 67 , Idaho Code, at a place in reasonable proximity to the proposed area. As soon as possible after completion of the hearing, the director shall make rules applicable thereto or refuse to take such action. The order shall be based on substantial evidence of record at the hearing and shall include findings of fact upon which it is based; Provided, however, that whenever twenty-five (25) or more landowners, representing at least seventy percent (70%) of the acres of land situated within the proposed area, shall sign a petition requesting that a referendum be held, the director shall then conduct a referendum as set forth in subsection (2) of this section. (2) Whenever in the judgment of the director, the need for the creation of a restricted area cannot be adequately determined by the director after investigation, the director shall conduct a referendum on this question of necessity, by ballot in the area concerned at a public hearing, after notice, setting the time and place, once each week for two (2) weeks before the hearing has been published in a newspaper of general circulation in the area affected. Any person owning, leasing or operating three (3) acres or more within the proposed area is eligible to vote in the referendum. Unless the votes cast in favor of the creation of a restricted area constitute a two-thirds (2/3) majority of those voting, the area shall not be created. If there is such majority, the director shall then issue a proposal in accordance with subsection (1) of this section. History: [22-3419, added 1976, ch. 190, sec. 2, p. 702; am. 1996, ch. 22, sec. 12, p. 54.]

22-3420

TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 34 PESTICIDES AND CHEMIGATION 22-3420. Prohibited acts. No person shall: (1) Use a pesticide in a manner inconsistent with its labeling except as provided for by rule. (2) Make pesticide recommendations in a manner inconsistent with its labeling except as provided for by rule. (3) Make false or misleading claims through any media relating to the effect of pesticides or application methods to be utilized. (4) Operate a faulty or unsafe pesticide spray apparatus, aircraft, or other application device or equipment. (5) Operate a faulty or unsafe chemigation system. (6) Apply ineffective or improper pesticides. (7) Make false, misleading or fraudulent records, reports or application forms required by the provisions of this act. (8) Apply pesticides in a faulty, careless, or negligent manner. (9) Refuse or neglect to keep and maintain records required by the provisions of this act, or to make reports when and as often as required. (10) Distribute, sell or offer for sale any pesticide or device which is misbranded. (11) Formulate, distribute, sell or offer for sale any pesticide which is adulterated. (12) Distribute, sell or offer for sale any pesticide except in the manufacturer’s original unbroken container. (13) Refuse or neglect to comply with any limitations or restrictions placed on a license or permit issued under the provisions of this act. (14) Refuse or neglect to comply with any other provisions of this act or rule, or any lawful order of the director. (15) Aid or abet a licensed or an unlicensed person to evade the provisions of this act, conspire with such licensed or an unlicensed person to evade the provisions of this act, or allow one’s license or permit to be used by another person. (16) Make false or misleading statements during or after an inspection concerning any infestation or infection of pests found on land. (17) Impersonate any federal, state, county or city inspector or official. (18) Use or supervise the use of any restricted-use pesticide, or any state restricted-use pesticide without having complied with the licensing requirements pursuant to this act, and such other restrictions as had been determined by the director as necessary to prevent unreasonable adverse effects on the environment, including injury to the applicator, persons, or land, provided, that a person who is not a certified applicator but an employee of a licensed private applicator may use a restricted-use pesticide or a state restricted-use pesticide under the direct supervision of the licensed private applicator unless otherwise prescribed by the labeling of the pesticide. (19) Use or supervise the use of a chemical in a chemigation system without having complied with the licensing requirements pursuant to this act and rules, and such other restrictions as have been determined by the director. A person who is not a certified applicator but an employee of a licensed private applicator may use chemicals under the

22-3421

TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 34 PESTICIDES AND CHEMIGATION 22-3421. Adoption and scope of rules. (1) The director is authorized to adopt appropriate rules for carrying out the purpose and provisions of this act including, but not limited to, rules providing for: (a) The collection and examination of samples of pesticides or devices; and (b) the safe handling, transportation, storage, display, distribution and disposal of pesticides and their containers; and (c) procedures in making pesticide recommendations; and (d) procedures for obtaining permits; and (e) regulating the labeling of devices; and (f) procedures to take possession and dispose of canceled, suspended, or otherwise unusable pesticides held by persons. For the purpose of this section, the department may become a hazardous waste generator, and may set fees to partially offset an agricultural chemical waste disposal program’s cost; and (g) antipollution devices, chemigation equipment requirements, performance standards and installation requirements; and (h) listing of the sites where chemigation will be conducted by the applicator. (2) Such rules shall be promulgated in accordance with chapter 52, title 67 , Idaho Code. History: [22-3421, added 1976, ch. 190, sec. 2, p. 704; am. 1992, ch. 43, sec. 2, p. 145; am. 1996, ch. 22, sec. 14, p. 56; am. 1999, ch. 69, sec. 14, p. 190.]

22-3422

TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 34 PESTICIDES AND CHEMIGATION 22-3422. Penalties for operating without license. Any person operating as a professional or private applicator or dealer without a license shall forfeit to the state for each day’s operation one hundred dollars ($100) as a civil penalty and such operation may be enjoined upon complaint of the director. History: [22-3422, added 1976, ch. 190, sec. 2, p. 704; am. 1996, ch. 22, sec. 15, p. 56.]

22-3423

TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 34 PESTICIDES AND CHEMIGATION 22-3423. Penalty for violations. (1) Any person who shall forge, alter, counterfeit, simulate or falsely represent, or who shall without proper authority use any license issued by the director under this act, or who shall violate or fail to comply with any provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars ($100)normorethanonethousanddollars($1,000) or imprisoned in the county jail for not less than three (3) months nor more than twelve (12) months or be subject to both such fine and imprisonment. (2) Any person who violates or fails to comply with any provision of this act or any rules promulgated under this act may be assessed a civil penalty by the department or its duly authorized agent of not more than three thousand dollars ($3,000) for each offense and shall be liable for reasonable attorney fees. Assessment of a civil penalty may be made in conjunction with any other department administrative action. No civil penalty may be assessed unless the person charged was given notice and opportunity for a hearing pursuant to the Idaho administrative procedure act. If the department is unable to collect such penalty or if any person fails to pay all or a set portion of the civil penalty as determined by the department, it may recover such amount by action in the appropriate district court. Any person against whom the department has assessed a civil penalty under this section may, within thirty (30) days of the final agency action making the assessment, appeal the assessment to the district court of the county in which the violation is alleged by the department to have occurred. Moneys collected for violation of a rule shall be deposited in the state treasury and credited to the pesticide account of the department. (3) Nothing in this chapter shall be construed as requiring the director to report minor violations for prosecution when he believes that the public interests will be best served by suitable warnings or other administrative action. History: [22-3423, added 1976, ch. 190, sec. 2, p. 704; am. 1990, ch. 269, sec. 3, p. 763; am. 1996, ch. 22, sec. 16, p. 56.]

22-3424

TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 34 PESTICIDES AND CHEMIGATION 22-3424. Review of action of director. Any person who has exhausted all administrative remedies available within the department and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with the provisions of the administrative procedure act, chapter 52, title 67 , Idaho Code. The review may be obtained by filing in the district court within thirty (30) days’ notice of the action of the director, a written petition praying that such action be set aside. A copy of such petition shall forthwith be delivered to the director, and within thirty (30) days thereafter the director shall certify and file in the district court of the area affected a transcript of any record pertaining thereto, including a transcript of evidence received at any hearing of referendum. The district court shall give notice, by United States mail, to the director of the department of agriculture, and to the petitioner or petitioners, of the time and place at which the court will hear such petition, at which time any interested party may be heard. Upon completion of the hearing the court shall affirm, set aside or modify the action of the director, except that the findings of the director as to the facts, if supported by substantial evidence, shall be conclusive. History: [22-3424, added 1976, ch. 190, sec. 2, p. 705; am. 1996, ch. 22, sec. 17, p. 57; am. 2001, ch. 183, sec. 4, p. 615.]

22-3425

TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 34 PESTICIDES AND CHEMIGATION 22-3425. Severability. If any clause, sentence, paragraph, or part of this act shall, for any reason, be adjudged by a competent court of jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which said judgment shall have been rendered. History: [22-3425, added 1976, ch. 190, sec. 2, p. 705.]

22-3426

TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 34 PESTICIDES AND CHEMIGATION 22-3426. Uniformity of state pesticide rule. Notwithstanding any other provision of law to the contrary, no city, county, taxing district or other political subdivision of this state shall adopt or continue in effect any ordinance, rule, regulation, resolution or statute regarding pesticide sale, use, or application including without limitation: registration, notification of use, advertising and marketing, distribution, application methods, applicator training and certification, storage, transportation, disposal, disclosure of confidential information or product composition. Nothing contained in this section shall prohibit or limit fire prevention personnel or fire extinguishing personnel of a city, county or fire protection district from conducting inspections pursuant to or enforcing the International Fire Code. History: [22-3426, added 1994, ch. 102, sec. 1, p. 231; am. 1995, ch. 106, sec. 1, p. 340; am. 1996, ch. 22, sec. 18, p. 58; am. 2002, ch. 86, sec. 2, p. 196.]