217B.050 Authority for administrative regulations

217B.050 Authority for administrative regulations.

(1) The department shall administer and enforce the provisions of this chapter and

promulgate administrative regulations to carry out the provisions of this chapter and

in the administrative regulations may prescribe methods to be used in the storage of

fertilizers, and the storage and application of pesticides. Where the department finds

that the administrative regulations are necessary to carry out the purpose and intent

of this chapter, the administrative regulations may relate to the time, place, manner,

and method of storage and application of pesticides and fertilizers, may restrict or

prohibit use of pesticides in designated areas during specified periods of time, and

shall encompass all reasonable factors which the department deems necessary to

prevent damage or injury by drift or misapplication to:

(a) Plants, including forage plants, on adjacent or nearby lands;

(b) Wildlife in the adjoining or nearby areas;

(c) Fish and other aquatic life in waters in reasonable proximity to the area to be

treated; and

(d) Pollinating insects, animals, or persons.

(2) In promulgating the administrative regulations, the department shall give

consideration to pertinent research findings and recommendations of other agencies

of this state and of the federal government.

(3) The department may by administrative regulation adopt a list of "restricted use

pesticides" for the state or for designated areas within the state if it finds that the

characteristics of the pesticides require restricting their use to prevent injury on

lands other than the land to which they are applied, or to persons, animals, crops, or

pests or vegetation other than the pests or vegetation which they are intended to

destroy. For the purpose of uniformity of requirements between the states and the

federal government, the department may adopt the list of "restricted use pesticides"

as established by the Environmental Protection Agency or other federal or state

agencies.

(4) The department may establish additional classifications of applicator or operator

licenses as required for conformance with the Federal Environmental Pesticide

Control Act of 1972. The classifications may include private farmer applicators,

commercial establishment applicators, and government employee applicators not

specifically mentioned in this chapter. The administrative regulations may specify

licensing conditions, procedures, and fees.

(5) In addition to the fees authorized in subsection (4) of this section, the department

may, by administrative regulation, establish fees for carrying out the provisions

required or authorized by this chapter.

(6) In addition to other authority conferred by statute, the department shall develop a

regulatory program for regulating application and notice of application of pesticides

for lawn care and mosquito control.