New Hampshire § 430-46 - Section 430:46 Exemptions.

§ 430-46. Section 430:46 Exemptions.

I. The following types of application of pesticides are exempt from the requirements of RSA 430:33: (a) While engaged in research or experimental work for or under the direction of the state department of agriculture, markets, and food, United States Department of Agriculture or the university of New Hampshire agriculture experiment station, except that these users shall keep records of pesticides used by them in a manner required by other users of pesticides under this subdivision, and except that no pesticide which is classified for use only by certified applicators pursuant to section 3(d) of the Federal Insecticide, Fungicide and Rodenticide Act, as amended, may be used pursuant to this paragraph. (b) The application of pesticides within, around, under, or in the immediate vicinity of a living unit by the occupant thereof, providing crops raised therein or thereon are not offered for sale; provided, however, that no pesticide, the sale or use of which in the state is prohibited or restricted by the board, or by the United States Environmental Protection Agency pursuant to section 3(d) of the Federal Insecticide, Fungicide and Rodenticide Act, as amended, may be applied under this paragraph except in accordance with said restriction or prohibition; and provided, further, that a person applying pesticides near any stream or other surface waters of the state shall comply with rules adopted by the board under RSA 541-A, as provided in RSA 430:31, IV. (c) Such categories of commercial applicators, other than commercial applicators for hire, as the board by rule excludes solely for the purpose of applying pesticides other than restricted pesticides, in such a manner and location as not to constitute a threat to public health or the environment, and as determined to be necessary for the efficient administration of this subdivision. (d) Janitorial service contractors applying general use disinfectants, sanitizers, and mildew control agents to control microorganisms on nonliving entities, provided that these disinfectants, sanitizers, and mildew control agents are not applied as space sprays and that these pesticides are labeled exclusively for disinfecting, sanitizing, and mildew control. (e) [Repealed.] II. The following are exempt from the provisions of RSA 430:41, I: (a) Public officials of this state and the federal government while engaged in the performance of their official duties in administering state or federal pesticide laws or rules; (b) The manufacturer, shipper, or distributor of a pesticide for experimental use only by or under the supervision of an agency of this state or of the federal government which is authorized by law to conduct research in the field of pesticides; provided that such manufacturer, shipper, or distributor holds or is covered by a valid experimental use permit issued pursuant to this subdivision or by the United States Environmental Protection Agency.