Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 33-0103
Exemptions
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 33, TITLE 1
§ 33-0103. Exemptions.

1. The provisions of subdivisions 1 through 5 inclusive of section
33-0303 and titles 5, 7, 11, 13 and 15 of this article shall not apply
to:

a. Any carrier while lawfully engaged in transporting a pesticide
within this state, if such carrier shall, upon request, permit the
commissioner or his designated agent to copy all records showing the
transactions in and movement of the articles;

b. The manufacturer or shipper of a pesticide for experimental use
only:

(1) By or under the supervision of an agency of this state or of the
federal government authorized by law to conduct research in the field of
pesticides which has a valid experimental permit issued by the
commissioner, or

(2) By others having a valid experimental permit issued by the
commissioner if the pesticide is not sold and if the container thereof
is plainly and conspicuously marked "For experimental use only--Not to
be sold," together with the manufacturer's name and address. However, if
such a written permit has been obtained from the commissioner,
pesticides may be sold for experimental purposes subject to such
restrictions and conditions as may be set forth in the permit.

2. No article shall be deemed in violation of this article when
intended solely for export to a foreign country, and when prepared or
packed according to the specifications or directions of the purchaser.
If not so exported, all of the provisions of this article shall apply.

3. Notwithstanding any other provision of this article, registration
is not required in the case of a pesticide shipped from one plant within
this state to another plant within this state operated by the same
person.