§ 8-7-1206 - Abandoned pesticide disposal.
8-7-1206. Abandoned pesticide disposal.
(a) (1) Moneys received into the Abandoned Agricultural Pesticide and Plant Regulator Disposal Trust Fund shall be from gifts, grants, or funds from entities other than the State Plant Board and from a fee of fifty dollars ($50.00) per registered pesticide per registrant per year levied by the State Plant Board for the specific purpose of funding the disposal of abandoned pesticides.
(2) This fee shall be known as the Abandoned Pesticide Disposal Fee and shall not be a part of the pesticide registration fee collected pursuant to 2-16-407(f).
(3) The Abandoned Pesticide Disposal Fee shall not apply to products classified as:
(A) "Sanitizers and disinfectants" by the board;
(B) Aerosol products which are not labeled for agricultural use;
(C) Insect repellants which are labeled for use on the human body or clothing;
(D) Silica gels and other nonvolatile ready-to-use paste, foam, or gel formulations of insecticidal baits;
(E) Nonvolatile insecticidal baits in tamper resistant bait stations;
(F) Insecticidal flea and tick collars and spot-on flea treatments for dogs and cats; or
(G) Insecticidal cattle ear tags.
(4) Collection of the fee shall be discontinued upon completion of the abandoned pesticide collection program.
(5) Moneys received into the fund shall be utilized by the State Plant Board, as authorized by the Abandoned Pesticide Advisory Board, to pay for projects and other activities relating to the collection and disposal of abandoned pesticides and for administrative support.
(6) The total allocation of funds for administrative support shall not exceed two hundred fifty thousand dollars ($250,000) per biennium.
(b) (1) The State Plant Board shall administer the program relating to the collection and disposal of abandoned pesticides, as authorized by the Abandoned Pesticide Advisory Board.
(2) The duties of the State Plant Board shall include:
(A) Developing and issuing requests for proposals from contractors to collect and dispose of abandoned pesticides;
(B) Contracting for the collection and disposal of abandoned pesticides; and
(C) Paying contractors for services relating to the collection and disposal of abandoned pesticides.