Sec. 46.03.320. Regulation of pesticides and broadcast chemicals.

295 words·~1 min read·/ak/title-46/chapter-3/46-03-320

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The department may

(1)regulate the transportation, testing, inspection, packaging, labeling, handling, and advertising of pesticides and broadcast chemicals offered for sale or placed in commerce for use in the state;

(2)regulate and supervise the distribution, application, or use of pesticides and broadcast chemicals in any state project or program or by a public agency under the jurisdiction of the state;

(3)regulate or prohibit the use of pesticides and broadcast chemicals;

(4)register pesticides and broadcast chemicals for sale or distribution.

(b)The department may provide by regulation for the licensing of or temporary license waiver for private applicators of restricted-use pesticides, for persons engaged in the custom, commercial, or contract spraying or application of pesticides and broadcast chemicals, and for other persons engaged in the spraying or application of pesticides and broadcast chemicals in public places. A person engaged in the custom, commercial, or contract spraying or application of pesticides and broadcast chemicals may, by regulation, be required to secure a surety bond or liability insurance.

(c)A person may not apply a pesticide or broadcast chemical in a public place unless licensed by the department or otherwise authorized under a regulation of the department. The department shall by regulation provide for reasonable public notification, including written notice posted on the application site, when pesticides and broadcast chemicals are applied in a public place. In this subsection, “public place” means

(1)common areas of an apartment building or other multi-family dwelling;

(2)that portion of a government office or facility to which access is not ordinarily restricted to employees; and

(3)plazas, parks, and public sports fields.

(d)In this section, “multi-family dwelling” means a building that includes more than four single-family dwellings.