AGRICULTURE
AND HORTICULTURE
CHAPTER 34
PESTICIDES AND CHEMIGATION
22-3420.Prohibited acts. No person shall:
(1) Use
a pesticide in a manner inconsistent with its labeling except as provided
for by rule.
(2) Make
pesticide recommendations in a manner inconsistent with its labeling
except as provided for by rule.
(3) Make
false or misleading claims through any media relating to the effect
of pesticides or application methods to be utilized.
(4) Operate
a faulty or unsafe pesticide spray apparatus, aircraft, or other application
device or equipment.
(5) Operate
a faulty or unsafe chemigation system.
(6) Apply
ineffective or improper pesticides.
(7) Make
false, misleading or fraudulent records, reports or application forms
required by the provisions of this act.
(8) Apply
pesticides in a faulty, careless, or negligent manner.
(9) Refuse
or neglect to keep and maintain records required by the provisions
of this act, or to make reports when and as often as required.
(10) Distribute,
sell or offer for sale any pesticide or device which is misbranded.
(11) Formulate,
distribute, sell or offer for sale any pesticide which is adulterated.
(12) Distribute,
sell or offer for sale any pesticide except in the manufacturer’s
original unbroken container.
(13) Refuse or
neglect to comply with any limitations or restrictions placed on a
license or permit issued under the provisions of this act.
(14) Refuse or
neglect to comply with any other provisions of this act or rule, or
any lawful order of the director.
(15) Aid or abet
a licensed or an unlicensed person to evade the provisions of this
act, conspire with such licensed or an unlicensed person to evade
the provisions of this act, or allow one’s license or permit
to be used by another person.
(16) Make false
or misleading statements during or after an inspection concerning
any infestation or infection of pests found on land.
(17) Impersonate
any federal, state, county or city inspector or official.
(18) Use or supervise
the use of any restricted-use pesticide, or any state restricted-use
pesticide without having complied with the licensing requirements
pursuant to this act, and such other restrictions as had been determined
by the director as necessary to prevent unreasonable adverse effects
on the environment, including injury to the applicator, persons, or
land, provided, that a person who is not a certified applicator but
an employee of a licensed private applicator may use a restricted-use
pesticide or a state restricted-use pesticide under the direct supervision
of the licensed private applicator unless otherwise prescribed by
the labeling of the pesticide.
(19) Use or supervise
the use of a chemical in a chemigation system without having complied
with the licensing requirements pursuant to this act and rules, and
such other restrictions as have been determined by the director. A
person who is not a certified applicator but an employee of a licensed
private applicator may use chemicals under the direct supervision
of a licensed private applicator unless otherwise prescribed by the
labeling of the chemical.
(20) Chemigate
without installing the proper chemigation equipment to protect against
surface or ground water contamination.
(21) Fail to abide
by the conditions of a stop sale, use or removal order, or chemigation
stop work order.
(22) Offer for
sale, hold for sale, sell, barter, ship, deliver for shipment, or
receive and, having so received, deliver or offer to deliver, chemicals
for chemigation to an unlicensed person.
Idaho Statutes