§ 33-0303 — Powers and duties of the commissioner and the department

§ 33-0303. Powers and duties of the commissioner and the department.\n 1. Jurisdiction in all matters pertaining to the distribution, sale,\nuse and transportation of pesticides, is by this article vested\nexclusively in the commissioner.\n 2. All authority vested in the commissioner by this article may be\nexecuted with like force and effect by employees of the department\ndesignated by the commissioner; however, all hearings held under this\narticle except those held under the provisions of title 9 shall be\nconducted by the commissioner or by a person designated by him for that\npurpose, and any decision rendered after any such hearing shall be made\nby the commissioner.\n 3. The commissioner is authorized, after a hearing:\n a. To declare as a pest any form of plant or animal life or virus\nwhich is injurious to plants, men, domestic animals, articles, or\nsubstances;\n b. To determine whether pesticides are highly toxic to man, and to\npromulgate a list of such pesticides;\n c. To determine standards of coloring or discoloring for pesticides,\nand to subject pesticides to the requirements of paragraph d of\nsubdivision 1 of section 33-l301;\n d. To promulgate a list of restricted use pesticides and the usages of\nsuch pesticides that may be permitted subject to whatever conditions or\nlimitations which the commissioner deems appropriate to fully protect\nthe public interest; provided, however, that no hearing shall be\nrequired on individual additions to such list unless requested sixty\ndays after notice has been provided in the environmental notice bulletin\nas prescribed in section 3-0306 of such law, as added by chapter seven\nhundred fourteen of the laws of nineteen hundred seventy-five, by the\napplicant or an interested party; and\n e. To adopt, promulgate and issue such rules and regulations as he may\ndeem necessary to carry out and give full force and effect to the\nprovisions of this article. However, rules and regulations regarding\nbusiness registration and certification may be adopted only after a\npublic hearing. Such rules and regulations may prescribe methods to be\nused in the application of pesticides, including the time, place, manner\nand method of application and equipment used, and may restrict or\nprohibit use of materials in designated areas during specified periods\nof time, and shall encompass all reasonable factors which he deems\nnecessary to prevent damage or injury to health, property and wildlife.\nRules and regulations shall be filed and open for public inspection at\nthe principal office of the department and shall be filed with the\nSecretary of State. The commissioner shall promulgate a regulation\nauthorizing the use of alternative containers for pesticides by\npesticide users.\n 4. In order to avoid confusion endangering the public health, or the\nlife or health of any other non-target organisms, resulting from diverse\nrequirements, particularly as to labeling and coloring of pesticides,\nand to avoid increased costs to the people of this state due to the\nnecessity of complying with diverse requirements in the manufacture and\nsale of pesticides, it is desirable that there should be uniformity\nbetween the requirements of the several states and the federal\ngovernment relating to pesticides. To this end the commissioner is\nauthorized, after due public hearing, to adopt by regulation such\nregulations, applicable to and in conformity with the primary standards\nestablished by this article, as have been or may be prescribed with\nrespect to pesticides by departments or agencies of the United States\ngovernment.\n 5. The commissioner may require the submission of the complete formula\nof any pesticide whenever he deems it necessary in the administration of\nthis article. The commissioner, of his own motion or upon complaint, may\ncause an examination to be made to determine whether any pesticide\ncomplies with the requirements of this article. If it shall appear from\nsuch examination that a pesticide fails to comply with the provisions of\nthis article, the commissioner shall cause notice to be given to the\noffending person in the manner provided in section 71-2903, and the\nproceedings shall be as provided in such article provided that\npesticides may be seized and confiscated as provided in title 15 of this\narticle 33.\n 6. The commissioner may cooperate with any other agency of the state\nor its subdivisions or with any agency of any other state or of the\nfederal government for the purpose of carrying out the provisions of\nthis article and of securing uniformity of regulations.\n 7. The commissioner, in consultation with the commissioner of\neducation and the commissioner of health, shall develop guidance on\npesticide alternatives to facilitate compliance with section four\nhundred nine-k of the education law and three hundred ninety-g of the\nsocial services law.\n