§ 23-25-18 - Unlawful acts and/or grounds for denial, suspension, or revocation of a license, permit, or certification.
SECTION 23-25-18
§ 23-25-18 Unlawful acts and/or groundsfor denial, suspension, or revocation of a license, permit, or certification.– (a) The director may suspend pending inquiry for not longer than ten (10) days,and after opportunity for a hearing, deny, further suspend, revoke, or modifyany provision on any license, permit, or certificate issued under this chapterif he or she finds that the applicant or holder of a license, permit, orcertificate has committed any of the following acts, each of which exceptsubdivision (15) of this subsection, is declared to be a violation of thischapter; provided, that this person shall also be subject to the penaltiesprovided by § 23-25-28:
(1) Made false or fraudulent claims through any mediummisrepresenting the effect of pesticides or methods to be utilized;
(2) Made a pesticide recommendation or use inconsistent withthe labeling (except as allowed by rulings, interpretations, regulations, orguidelines published by EPA or, in the case of a pesticide registered under§ 23-25-6(h) by the director), with the EPA or state registration for thatpesticide, or in violation of the EPA or state restrictions on the use of thatpesticide;
(3) Applied known ineffective or improper pesticides;
(4) Operated faulty or unsafe equipment;
(5) Operated in a faulty, careless, or negligent manner;
(6) Neglected or, after notice, refused to comply with theprovisions of this chapter, the rules and regulations adopted under thischapter, or of any lawful order of the director;
(7) Refused or neglected to keep and maintain the recordsrequired by this chapter or to make reports when and as required;
(8) Made false or fraudulent records, invoices, or reports;
(9) Used or supervised the use of a pesticide which isrestricted to use by certified applicators without having qualified as acertified applicator or without having been under the direct supervision of acertified applicator;
(10) Used fraud or misrepresentation in making an applicationfor or renewal of, a license, permit, or certification;
(11) Refused or neglected to comply with any limitations orrestrictions on or in a duly issued license, permit, or certification;
(12) Aided or abetted a licensed or certified or anunlicensed or non-certified, person to evade the provisions of this chapter,conspired with that person to evade the provisions of this chapter, or allowedone's license, permit, or certification to be used by another person;
(13) Made false or misleading statements during or after aninspection concerning any infestation or infection of pests found on land;
(14) Impersonated any federal, state, county, or cityinspector or official; or
(15) Has been subject to the final imposition of civil orcriminal penalties under § 14(a) or (b) of FIFRA, 7 U.S.C. § 136l(a)or (b).
(b) It is unlawful for any person to distribute in the stateany of the following:
(1) Any pesticide which is not registered pursuant to theprovisions of this chapter;
(2) Any pesticide if any of the claims made for it or any ofthe directions for its use or other labeling differs from the representationsmade in connection with its registration, or if the composition of a pesticidediffers from its composition as represented in connection with itsregistration; provided, that a change in the labeling or formulation of apesticide may be made within a registration period without requiringreregistration of the product if the registration is amended to reflect thechange and if that change will not violate any provision of FIFRA or thischapter;
(3) Any pesticide unless it is in the registrant's or themanufacturer's unbroken immediate container and there is affixed to thatcontainer and to the outside container or wrapper of the retail package ifthere is one through which the required information on the immediate containercannot be clearly read a label bearing the information required in this chapterand the regulations adopted under this chapter;
(4) Any pesticide which has not been colored or discoloredpursuant to the provisions of § 23-25-9(b)(7) or of § 25(c)(5) ofFIFRA, 7 U.S.C. § 136w(c)(5);
(5) Any pesticide which is adulterated or misbranded or anydevice which is misbranded;
(6) Any pesticide in containers which are unsafe due todamage.
(c) It shall be unlawful:
(1) To distribute any pesticide labeled for "restricted use"by EPA or for "state limited use" by the director to any person who is requiredby this chapter or regulations promulgated under this chapter to be certifiedto acquire, purchase, possess, or use this pesticide unless the person has avalid permit or is certified to acquire, purchase, possess, or use the kind andquantity of this pesticide or unless distribution is made to his or her agent;provided, that subject to conditions established by the director, the permitmay be obtained immediately prior to distribution from any agent designated bythe director;
(2) For any person to detach, alter, deface, or destroy,wholly or in part, any label or labeling provided for in this chapter orregulations adopted under this chapter, or to add any substance to, or take anysubstance from, a pesticide in a manner that may defeat the purpose of thischapter or the regulations adopted under this chapter;
(3) For any person to use for his or her own advantage or toreveal, other than to the director or properly designated state or federalofficials, or employees of the state or federal executive agencies, or to thecourts of the state or of the United States in response to a subpoena, or tophysicians, or in emergencies to pharmacists and other qualified persons foruse in the preparation of antidotes, any information relative to formulas ofproducts acquired by authority of § 23-25-6 or any information judged bythe director as containing or relating to trade secrets or commercial orfinancial information obtained by authority of this chapter and marked asprivileged or confidential by the registrant;
(4) For any person to handle, transport, store, display, ordistribute pesticides in such a manner as to endanger humans and theenvironment or to endanger food, feed, or any other products that may betransported, stored, displayed, or distributed with those pesticides;
(5) For any person to dispose of, discard, or store anypesticide or pesticide containers in such manner as to cause injury to humans,vegetation, crops, livestock, wildlife, beneficial insects or to pollute anywater supply, waterway, or water body;
(6) For any person to refuse or otherwise fail to comply withthe provisions of this chapter, the regulations adopted under this chapter, orof any lawful order of the director.
(d) The penalties provided for violations of subdivisions (1)to (5) of subsection (b) of this section shall not apply to:
(1) Any carrier while lawfully engaged in transporting apesticide within the state if the carrier shall, upon request, permit thedirector to copy all records showing the transactions in and movement of thepesticides or devices;
(2) Employees of the state or the federal government whileengaged in the performance of their official duties in administering RhodeIsland or federal pesticide laws or regulations;
(3) The manufacturer, shipper, or other distributor of apesticide for experimental use only; provided, that the person holds or iscovered by a valid experimental use permit as provided for by § 23-25-7 orissued by EPA; provided further, that the permit covers the conduct in question.
(4) Any person who ships a substance or mixture of substancesbeing put through tests in which the purpose is only to determine its value forpesticide purposes or to determine its toxicity or other properties and fromwhich the user does not expect to receive any benefit in pest control from itsuse.
(e) No pesticide or device shall be deemed in violation ofthis chapter when intended solely for export to a foreign country and whenprepared or packed according to the specifications or directions of thepurchaser. If not exported, all provisions of this chapter shall apply.