SEC. 69-21-109. Powers and responsibilities of board [Repealed effective June 30, 2006].
(1) The board may adopt such rules and regulations as may be necessary to regulate the application of chemicals and pesticides according to the time of year, manner, form and area of application, wind velocity and other pertinent factors and may restrict the use of certain chemicals and pesticides which create an unusual hazard to the health, safety and welfare of the public. The board shall set professional standards for applicators and pilots in the interest of the safety, welfare and general well-being of the public of Mississippi and for the protection of the state's fish and wildlife, air, water and soil.
(2) The board shall have authority to procure samples of pesticide, seed or fertilizer or of pesticide or fertilizer spray and dust materials before and after they are mixed in order to determine the concentration of the mixtures.
(3) Theboard shall have authority to maintain an office and employ necessary personnel within its budget to carry out the purposes of this article.
(4) It shall be the duty of the board, and the board shall have the authority, to enforce this article and all rules and regulations made and adopted in compliance with this article. The board shall not have jurisdiction to determine liability between private parties.
(5) The board or its representatives shall have access to any premises where there is reason to believe that a chemical or pesticide is being or has been applied by an applicator, or where any applicator is based, or preparing to apply any of the materials herein stated, for the purpose of enforcement of this article. The board shall have authority to inspect equipment used for application of chemicals and pesticides as stated in this article.
(6) The board shall maintain a close liaison and spirit of cooperation with the Mississippi Department of Agriculture and Commerce, in the supervision of aerially applied chemicals which are under their jurisdiction as provided by Sections 69-21-7 through 69-21-15. The board and the Mississippi Department of Agriculture and Commerce shall enter a memorandum of agreement stating their plans to cooperate toward these purposes. In adopting regulations regarding agricultural aircraft operation, in providing training and requiring testing and certification of applicators and in enforcing this article, the board shall strive to regulate and train applicators in a manner that is not inconsistent with the training and regulation of ground-based pesticide applicators provided by the Department of Agriculture and Commerce.
(7) The board may cooperate with or enter into formal cooperative agreements with any public or private agency or educational institution of this state or any other state or federal agency for the purpose of carrying out the provisions of this article.
SOURCES: Codes, 1942, Sec. 5011-05; Laws, 1966, ch. 239, Sec. 5; 1972, ch. 369, Sec. 10; 1980, ch. 482, Sec. 4; reenacted, 1983, ch. 304, Sec. 5; reenacted, 1991, ch. 391, Sec. 5; 1991, ch. 530, Sec. 12, eff from and after July 1, 1991. Laws, 1992, ch. 496, Sec. 35; reenacted without change, 1996, ch. 447, Sec. 5, eff from and after July 1, 1996;1997 Laws, Chapter 468, Sec. 5, SB2288, Effective July 1, 1997. Reenacted by Laws 1999, Ch. 387, Sec. 5, HB759; Laws, 2002, ch. 301, § 5, HB 866; Reenacted without change, Laws, 2004, ch. 514, § 5, HB 409, eff from and after passage (approved May 4, 2004.).
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