§ 23-25-9 - Authority of director – Determinations – Rules and regulations – Restricted use and limited use of pesticides and uniformity.
SECTION 23-25-9
§ 23-25-9 Authority of director –Determinations – Rules and regulations – Restricted use and limiteduse of pesticides and uniformity. – (a) The director is authorized after due notice and an opportunity for ahearing:
(1) To declare as a pest any form of plant or animal life(other than humans and other than bacteria, viruses, and other micro-organismson or in living humans or other living animals) which is injurious to health orthe environment;
(2) To determine whether pesticides registered under theauthority of § 24(c) of FIFRA, 7 U.S.C. § 136v(c), are highly toxicto humans. The definition of highly toxic, as defined in title 40, Code ofFederal Regulations 162.8, as issued or amended, shall govern the director'sdetermination; and
(3) To determine pesticides and quantities of substancescontained in pesticides which are injurious to the environment. The directorshall be guided by EPA regulations in this determination.
(b) The director is authorized after due notice and a publichearing as provided for in the Administrative Procedures Act, chapter 35 oftitle 42, to make appropriate regulations where those regulations are necessaryfor the enforcement and administration of this chapter, including but notlimited to regulations providing for:
(1) The collection, examination, and reporting of samples ofpesticides or devices pursuant to § 23-25-19;
(2) The safe handling, transportation, storage, display,distribution, and disposal of pesticides and their containers;
(3) Labeling requirements of all pesticides required to beregistered under provisions of this chapter; provided, that the regulationsshall not impose any requirements for federally registered labels in additionto or different from those required pursuant to FIFRA;
(4) Specifying classes of devices which shall be subject tothe provisions of § 23-25-5(1);
(5) Prescribing methods to be used in the application ofpesticides where the director finds that these regulations are necessary tocarry out the purpose and intent of this chapter. The regulations may relate tothe time, place, manner, methods, materials, and amounts and concentrations inconnection with the application of the pesticide, may restrict or prohibit useof pesticides in designated areas during specified periods of time, and shallencompass all reasonable factors which the director deems necessary to preventdamage or injury by drift or misapplication to: plants, including forageplants, on adjacent or nearby lands; wildlife in the adjoining or nearby areas;fish and other aquatic life in waters in reasonable proximity to the area to betreated; and humans, animals, or beneficial insects.
(6) In issuing the regulations referred to in subdivision (5)of this subsection, the director shall give consideration to pertinent researchfindings and recommendations of other agencies of the state, the federalgovernment, or other reliable sources. The director may by regulation requirethat notice of a proposed application of a pesticide be given to the public, ifhe or she finds that the notice is necessary to carry out the purpose of thischapter.
(7) Prescribing regulations requiring any pesticideregistered for special local needs to be colored or discolored if he or shedetermines that the requirement is feasible and is necessary for the protectionof health and the environment. The regulations promulgated by EPA pursuant to§ 25(c)(5) of FIFRA, 7 U.S.C. § 136w(c)(5), shall govern thisdetermination.
(8) Prescribing regulations establishing standards for thepackages, containers, and wrappings of pesticides registered for local needs.The regulations shall be consistent with the regulations promulgated by EPApursuant to § 25(c)(3) of FIFRA, 7 U.S.C. § 136w(c)(3).
(c) For the purpose of uniformity and in order to enter intocooperative agreements, the director may:
(1) In addition to those "restricted use pesticides"classified by the administrator of EPA, the director may also, by regulation,after a public hearing following due notice, classify a pesticide as a "statelimited use pesticide" for the state of Rhode Island. If the directordetermines that the pesticide (when applied in accordance with its directionsfor use, warnings, and cautions, and for uses for which it is registered) maycause without additional restrictions, unreasonable adverse effects on theenvironment, including injury to the applicator or other persons because ofacute dermal or inhalation toxicity of the pesticide, the pesticide shall beapplied only by or under the direct supervision of a certified applicator, orbe subject to any other restrictions as the director may determine. These otherrestrictions may include, but are not limited to, the conditions of use asprovided in subdivision (b)(5) of this section for "state limited usepesticides", may require a permit for the purchase, possession, and applicationof pesticides labeled as "state limited use pesticides", and may furtherrequire that application of that pesticide be only under the direct supervisionof the director.
(2) Adopt regulations in conformity with the primarypesticide standards, particularly as to labeling and registration requirements,as established by EPA or other federal or state agencies.
(d) Regulations adopted under this chapter shall not permitany pesticide use which is prohibited by FIFRA and regulations or orders issuedunder it.
(e) Regulations adopted under this chapter as to certifiedapplicators of "restricted use pesticides" as designated under FIFRA andregulations adopted as to experimental use permits as authorized by FIFRA shallnot be inconsistent with the requirements of FIFRA and regulations promulgatedunder it.
(f) In order to comply with § 4 of FIFRA, 7 U.S.C.§ 136b, the director is authorized to make any reports to the EPA in anyform and containing any information that the agency may from time to timerequire.