§ 35-7-374 — Prohibited acts

Wyoming § 35-7-374

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

Text

(a) It is unlawful for any person to:
(i) Detach, alter, deface or destroy, in whole or in
part, any labeling prior to proper disposal of the pesticide
containers;
(ii) Refuse to keep any records as required by the
director by regulation or to refuse to allow the inspection of
such records by the director during normal working hours;
(iii) Make available for use, or to use, any
restricted pesticide classified for restricted use for some or
all purposes, except by or under the direct supervision of a
certified applicator;
(iv) Use any pesticide in a manner inconsistent with
its labeling which means to use any pesticide in a manner not
permitted by the labeling, or not authorized by the director
under a special local need registration, an experimental use
permit or an emergency exemption, provided that this paragraph
does not include:
(A) Applying a pesticide at any dosage,
concentration or frequency less than that specified on the
labeling;
(B) Applying a pesticide against any target pest
not specified on the labeling if the application is to the crop,
animal or site specified on the labeling;
(C) Employing any method of application not
prohibited by the labeling; or
(D) Mixing a pesticide or pesticides with a
fertilizer when the mixture is not prohibited by the labeling.
(v) To falsify any records required by the director
by regulation;
(vi) To falsify any application, examination or
affidavit for certification or license;
(vii) Other than certified applicators or persons
working under their direct supervision to use restricted use
pesticides;
(viii) To use restricted use pesticides inconsistent
with the applicator category of certification.
(b) If the director finds that the violation occurred
despite the exercise of due care or did not cause significant
harm to another person, to health or to the environment, he
shall issue a warning in lieu of prosecution.
(c) Except as otherwise provided by the Wyoming
Environmental Pesticide Control Act of 1973, no political
subdivision of this state shall adopt or enforce any ordinance,
resolution, rule or regulation regarding pesticides storage,
sale, distribution, notification of use, or use that is more
stringent than the Wyoming Environmental Pesticide Control Act
of 1973 or rules promulgated thereunder.