24.1223 Exemptions to penalties.

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(a) The penalties provided for violations of paragraphs (1) through (4) of 24.1221 do not apply to:

(1) any carrier while lawfully engaged in transporting a pesticide within American Samoa, if the carrier, upon request, permits the director to copy all records showing the transactions in and movement of the pesticides or devices;

(2) public officials of this Territory and the Federal Government while engaged in the performance of their official duties in administering Territory or Federal pesticide laws or regulations;

(3) the manufacturer, shipper, or distributor of a pesticide for experimental use only by or under the supervision of an agency of this territory or the federal government authorized by law to conduct research in the field of pesticides, provided that there is a valid experimental use permit as provided for by rules adopted under this act or by EPA for that pesticide; or

(4) any person who ships a substance or mixture of substances being put through tests, in which the purpose is only to determine its value for pesticide purposes, or to determine its toxicity or other properties, and from which the user does not expect to receive any benefit in pest control from its use.

(b) No pesticide or device may be deemed in violation of this chapter when intended solely for export to a foreign country, and when prepared or packed according to the specification or directions of the purchaser. If not so exported, all provisions of this chapter apply.

History: 1979, PL 16-51 § 1.