Section 33-0103. Exemptions


Latest version.
  • 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.