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File #: 11-084    Version: 1 Name: PESTICIDE APPLICATION NOTIFICATION SYSTEM ACT
Type: Legislative Act Status: Passed
File created: 6/15/2011 In control: TRIBAL COUNCIL
On agenda: 6/30/2011 Final action: 7/11/2011
Enactment date: 7/11/2011 Enactment #: LA-15-11
Title: AN ACT REQUIRING THE ESTABLISHMENT OF A "PESTICIDE APPLICATION NOTIFICATION SYSTEM ACT"
Sponsors: Cara Cowan Watts
Indexes: Environmental Programs, Environmental Protection, Environmental Quality Code, Pesticides
Code sections: Title 63 - Public Health and Safety
Attachments: 1. LA-15-11.pdf
Title
AN ACT REQUIRING THE ESTABLISHMENT OF A "PESTICIDE APPLICATION NOTIFICATION SYSTEM ACT"
Body
BE IT ENACTED BY THE CHEROKEE NATION:

Section 1. Title and Codification

Example: This act shall be known as the “Pesticide Application Notification System Act” and codified as _____________ (Title) ___________ (Section) ______________ of the Cherokee Nation Code Annotated.

Section 2. Purpose

The application and the control of the use of various pesticides is important and vital to the maintenance of a high level of public health and welfare both immediate and future, and is hereby declared to be affected with the public interest. The Rules of pesticide application notification and recordkeeping are stated in this rule for the purpose of protecting the immediate and future health and welfare of the Cherokee Nation citizens.


Section 3. Legislative History

The Environmental Quality act, Title 63 CNCA et seq., §§ was first enacted in 1993. LA 1-93, eff. June 14, 1993.


Section 4. Definitions

For purposes of this Act:

Cherokee Nation means the Cherokee Nation government and all of its entities, including business wholly owned by the Cherokee Nation.

Pesticide means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pest. A pesticide may be a chemical substance, biological agent (such as a virus or bacterium), antimicrobial, disinfectant or device used against any pest .

Pest means any organism harmful to man including, but not limited to insects, mites, nematodes, weeds and pathogenic organisms. Pathogenic organisms include viruses, mycoplasma bacteria, rickettsia, and fungi.

Pesticide application means the way in which pesticides are delivered to their target pests.

Applicator means any person engaging in the application of pesticides or employment of devices.

Device means any instrument subject to the United States...

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