Alabama Administrative Code
Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES
AGRICULTURAL CHEMISTRY
Chapter 80-1-13 - SALE AND USE OF PESTICIDES
Section 80-1-13-.13 - Enforcement, Inspection, Sampling And Analysis

Universal Citation: AL Admin Code R 80-1-13-.13

Current through Register Vol. 42, No. 11, August 30, 2024

(1) To assure himself that all applicable provisions of the pesticide law and these rules are being complied with, that all pesticides are being mixed, formulated, used, and disposed of in accordance with the pesticide's labeling, that all records required are being maintained, and that pesticides are not being used in a manner that would unreasonably harm man or the environment, the Commissioner or his authorized agent may enter at reasonable times onto a pesticide user's premises during periods of pesticide application or normal business hours whichever condition applies to the situation. During such entry the Commissioner or his agent may examine and copy any and all records required by these rules; sample and analyze all pesticides diluted ready for application, or ready for dilution for application and observe the techniques of application as may be necessary to evaluate such techniques in terms of the labeling of the pesticide being applied.

(2) One sample shall be taken by inspection personnel from each formulated batch of pesticides found in trade channels and the batch number and other identifying information on the container shall be shown on the inspection report prepared by the inspector of the Department of Agriculture and Industries.

(a) Each sample shall be taken from the container by the use of an instrument that will obtain a fair and representative mixture of the entire container. The pesticide container shall be resealed as necessary by the inspector after the sample is taken.

(b) Each sample from a pesticide in powder or dust form shall be a minimum of four ounces and each liquid sample shall be a minimum of two ounces.

(c) For samples taken from sealed containers the manufacturer, as shown by label registration, shall be notified of the results of the sample analysis and a copy thereof shall be obtained.

(3) Samples disclosing any violations shall be retained for a period of 180 days from date the deficiency is reported. Samples disclosing no violation may be discarded as soon as the analysis has been completed.

(4) All samples shall be analyzed by methods adopted by the Association of Official Analytical Chemists (AOAC), if such a method has been approved.

(a) In absence of AOAC method those analytical methods prescribed by the Commissioner shall be used.

(b) If no reliable method is available to the Commissioner, it shall be the responsibility of the manufacturer to supply a method of analysis along with the registration application.

(5) For samples taken from manufacturer's sealed container, the allowable deviation from guaranteed analysis shall be as follows:

Percent Guarantee Allowable Deviation Percent of Guarantee

.01 to 10% 10%

10.01 to 100% 5%

Author: Charles H. Barnes

Statutory Authority: Code of Ala. 1975, §§ 2-27-8, 2-27-57.

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