281.025. Director may issue regulations--notice, how given--list of restricted use pesticides, adoption of--public hearings, when--rulemaking procedure.
Director may issue regulations--notice, how given--list of restricteduse pesticides, adoption of--public hearings, when--rulemakingprocedure.
281.025. 1. The director shall administer and enforce the provisionsof sections 281.010 to 281.115 and shall haveauthority to issue regulations after a public hearing following due noticeof not less than thirty days to all interested persons, in conformance withthe provisions of chapter 536, RSMo, to carry out the provisions ofsections 281.010 to 281.115. Where the director finds that suchregulations are needed to carry out the purpose and intent of sections281.010 to 281.115, such regulations may relate to, but need not be limitedto, prescribing the time, place, manner, methods, materials, and amountsand concentrations, in connection with the use of the pesticide, and mayrestrict or prohibit use of pesticides in designated areas during specifiedperiods of time and shall encompass all reasonable factors which thedirector deems necessary to prevent damage or injury. In issuing suchregulations, the director may give consideration to pertinent researchfindings and recommendations of other agencies of this state, the federalgovernment, or other reliable sources. The director may by regulationrequire that notice of a proposed application of a pesticide be given tolandowners adjoining the property to be treated or in the immediatevicinity thereof, if he finds that such notice is necessary to carry outthe purpose of sections 281.010 to 281.115. The director may, byregulation, provide for the one-time emergency purchase and one-timeemergency use of a restricted use pesticide by a private applicator.
2. The pesticides on the list of restricted use pesticides, asdetermined by the federal agency having jurisdiction over theclassification of pesticides, shall be so restricted in the state ofMissouri. The director shall publish, at least annually, a list ofpesticides which have restricted uses. Such publication shall be madeavailable to the public upon request. If the director determines that apesticide, when used in accordance with its directions for use, warningsand cautions, and for uses for which it is registered, may cause, withoutadditional regulatory restrictions, unreasonable adverse effects on theenvironment, including injury to the applicator or other persons, thepesticide shall be used only by or under the direct supervision of acertified applicator, or a private applicator with a permit. Suchpesticides may be subject to other restrictions as determined by thedirector, to include the time and conditions of possession and use.
3. No regulation, or any amendment or repeal thereof, provided for insections 281.010 to 281.115 shall be adopted, except after public hearinggiving an opportunity to the public to be heard, to be held after no lessthan thirty days' prior notice of the date, time, and place of hearing, tobe given by regular mail to any person who has registered with the directorfor purposes of notice of such public hearings, in accordance withprocedures prescribed by the director.
4. At any hearing, opportunity to be heard shall beafforded to any interested person upon written request received not laterthan twenty-four hours prior to the hearing, and may also be afforded toother persons. In addition, any interested person, whether or not heard,may submit within seven days subsequent to the hearing a written statementof views. The director may solicit the views in writing of persons who maybe affected by, or interested in any proposed regulation. Any person heardor represented at the hearing, or making written request for notice, shallbe given written notice of the action of the director with respect to thesubject thereof.
5. No rule or portion of a rule promulgated under the authority ofthis chapter shall become effective unless it has been promulgated pursuantto the provisions of section 536.024, RSMo.
(L. 1974 S.B. 431 § 4, A.L. 1977 H.B. 665, A.L. 1988 H.B. 1384, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)