§ 35-7-355 — Director to administer and enforce provisions; board of certification to adopt regulations

Wyoming § 35-7-355

• Jurisdiction: Wyoming
• Title 35: Public Health and Safety
• Ch. 7: FOOD AND DRUGS
• Art. 3: ADULTERATING OR MISBRANDING

Text

The director of the department of agriculture shall administer
and enforce the provisions of this act and regulations issued
thereunder. The board of certification may issue regulations
after a public hearing following due notice to all interested
persons in conformance with the provisions of the Wyoming
Administrative Procedure Act to carry out the provisions of this
act. Regulations may prescribe methods to be used in the
application of pesticides, may prescribe standards for the
classification and certification of applicators of pesticides,
and may require certification, licensing, payment of reasonable
fees for licensing or certification, submission of information,
and passing of examinations by applicators of pesticides. Where
the board of certification finds that regulations are necessary
to carry out the purpose and intent of this act, the regulations
may relate to the time, place, manner, methods, materials, and
amounts and concentrations, in connection with the application
of the pesticide, and may restrict or prohibit use of pesticides
in designated areas during specified periods of time and shall
encompass all reasonable factors which the board deems
necessary. The department may issue licenses. Notwithstanding
the provisions of W.S. 35-7-354(e), the board of agriculture, by
regulation, following a hearing and pursuant to the Wyoming
Administrative Procedure Act, may declare a specific pesticide
or pesticide use a "restricted use pesticide", but only
following a recommendation of the board of certification, and a
finding of fact, in a public hearing conducted by the board of
certification, that unreasonable adverse effects on the
environment, including man, pollinating insects, animals, crops,
wildlife and lands, other than pests, may reasonably occur. The
director of the department of agriculture may allow the
registration, licensing, testing, inspection and reporting
requirements of this article to be conducted electronically as
provided by the Uniform Electronic Transaction Act, W.S.
40-21-101 through 40-21-119 and any applicable federal
electronic requirements.