Current through Register Vol. 49, No. 9, September, 2024
SECTION I.
Title
The following regulations of the Arkansas State Plant Board,
written pursuant to the Arkansas Pesticide Use and Application Act, Act 389 of
1975, as amended, and the Arkansas Pesticide Control Act, Act 410 of 1975, as
amended, shall be known as " The Arkansas Regulations On Pesticide Use".
Promulgation of these regulations repeals all provisions of the Plant Board's
current regulations entitled "Arkansas Regulations On 2,4-D, 2,4-DB, MCPA, And
Other State Restricted Use Herbicides" effective December 31, 2002.
SECTION II. Purpose
Pesticides are valuable to the State's agricultural production
and to the protection of man and the environment from insects, rodents, weeds
and other forms of life which may be pests; but it is essential to the public
health and welfare that they be regulated to prevent adverse effects on human
life and the environment. However, at times certain pesticides present problems
that were unanticipated by the manufacturer, the grower or the applicator. The
purpose of these regulations is to provide additional mechanisms, other than
denying registration of a product in Arkansas, to minimize the adverse effects
of certain pesticides to:
1. Plants,
including forage plants, or adjacent or nearby lands;
2. Wildlife in the adjoining or nearby
areas;
3. Fish and other aquatic
life in waters in reasonable proximity to the area to be treated; and
4. Humans, animals, or beneficial
insects
SECTION III.
Definitions
A. "Buffer Zone" means the
distance an applicator must maintain between the field or area of application
and a protected subject inside of which the subject pesticide may not be
applied.
B. "Desirable Vegetation"
means any type of vegetation the pesticide label specifically identifies for
protection, vegetation for which the product is not labeled, or vegetation for
which the owner/manager desires protection from the deposition of
pesticides.
C. "Drift" means off
target movement of a pesticide onto desirable vegetation, waterways, or where
human health or the environment may be adversely impacted that occurs as a
result of pesticide application.
D.
"Custom Applicator" means a commercial applicator that applies pesticides
assigned the Class E or F designation.
SECTION IV. General
The effective date of these regulations shall be January 1,
2003 and shall apply to all products registered for 2003. From that time
forward, all pesticides registered for sale in the state of Arkansas shall be
classified as Class A, B, C, D, E, F, or I. Such designation shall remain the
same unless changed by the Arkansas State Plant Board by promulgation of a
regulation so changing the designation. Whatever designation is assigned to a
product by the Board, product dealers, users and applicators must comply with
the restrictions for the assigned class. Such restrictions will apply to
product uses allowed as a result of Section (18) or Section (24) actions under
FIFRA except where the requirements on the label are clearly more restrictive
than the Plant Board's requirements, in which case the more restrictive
requirement must be followed.
The following designations apply to all pesticide products
registered in the State of Arkansas. The use-restrictions itemized below are
intended to be in addition to the product label. However, where the label is
more restrictive than the applicable restrictions listed below, then the label
shall be followed. Each successive Class designation below includes the
restrictions defined in the designations that precede it.
SECTION V. Class A
All pesticides when registered in the state of Arkansas shall
be classified as Class A unless research or experience has shown that certain
potential problems may be inherent with the use of the product. Such knowledge
may be as a result of but not limited to research findings, findings of other
state and federal agencies or experience of the Arkansas State Plant Board. In
such cases the Plant Board may, by regulation, place the product in another
Class.
Products with this classification must be used in accordance
with the label restrictions and other restrictions, if any, imposed by Plant
Board regulations other than this document. Insecticides that are intended to
be applied in low volume, LV or Ultra Low Volume, ULV, and product label
guidelines require droplet sizes designated as "fine" or smaller in accordance
with the August 1999 issue of the ASAE S572 report entitled Spray Nozzle
Classification by Droplet Spectra, shall not be required to comply with the
Plant Board's regulations regarding spray droplet size. Said products must
comply with the product label.
SECTION
VI. Class B
Products with this designation shall be used in accordance with
all other applicable federal or state laws and the regulations written pursuant
thereto, the label registered with the State of Arkansas, regulations
promulgated by the Board, the applicable restrictions identified for Class A
and the following additional restrictions.
A. If enforcement action is taken against a
Commercial, Non-Commercial or Private
Applicator regarding drift of a product with this designation
or a buffer zone violation, a part of the enforcement action will require the
applicator to attend a drift control training class administered by the Plant
Board or other training that is acceptable to the Plant Board.
SECTION VII Class C
Products with this designation shall be used in accordance with
all other applicable federal or state laws and the regulations written pursuant
thereto, the label registered with the State of Arkansas, the applicable
restrictions identified for Class A and B above and the following additional
restrictions.
A. All commercial
equipment used to apply pesticides with this designation must be in compliance
with the application equipment set up requirements specified for herbicide
applications contained in the regulations written pursuant to the Pesticide Use
and Application Act of 1975, as amended, (PUAA) prior to the initial
application. Thereafter, said application equipment set up must be inspected
annually by the Plant Board to verify compliance with the set up that was
originally authorized. If the application equipment is modified it must again
be authorized to be in compliance with the requirements for herbicide
application contained in the before referenced regulations. The Plant Board
will inspect all application equipment each year that is used to apply products
with the Class C designation. A fee of $25 shall be charged for each Plant
Board inspection.
Applications of products with this designation with equipment
that is not acceptable to or has not been inspected by the Plant Board will be
a violation of these regulations.
SECTION VIII Class D
Products with this designation shall be used in accordance with
all other applicable federal or state laws and the regulations written pursuant
thereto, the label registered with the State of Arkansas, the applicable
restrictions identified for Class A, B, and C above and the following
additional restrictions.
A.
Applications may be made only when the wind is not blowing in the direction of
desirable vegetation, waterways, or where human health or the environment may
be adversely impacted. Where desirable vegetation, waterways, or human health
and the environment cannot be protected by ensuring they are not downwind from
the application site then, unless a greater distance is required by the label
or other applicable State or Federal regulations, a 300 foot minimum buffer
zone must be maintained between the protected entity (desirable vegetation,
waterway, etc) and the sprayed area.
SECTION IX Class E
Products with this designation shall be used in accordance with
all other applicable federal or state laws and the regulations written pursuant
thereto, the label registered with the State of Arkansas, the applicable
restrictions identified for Class A, B, C, and D above and the following
additional restrictions.
A. Dealers
Requirements
1. Before selling, offering for
sale, or distributing pesticides with this designation in packages of more than
one quart, a dealer must be a licensed Restricted Use Pesticides dealer. A
dealer may sell, offer for sale, or distribute only those pesticides that are
registered in the State.
2. Each
branch of a license holding dealer which also sells or distributes these
products must have a dealer's license. Firms or distributors who take orders
for these products must secure a dealer's license, even though the order is
placed with a dealer or manufacturer who holds a license, and even though no
profit is made.
3. Dealers must
keep a record of each sale or distribution of products with this designation to
custom or private applicators or dealers in containers of more than one (1)
quart on forms available from or approved by the Plant Board. Entries in the
record shall be made at the time of sale or distribution and shall include the
date of the purchase, the name, address and license or permit number of the
purchaser and the name and address of the delivery location. The complete brand
name and quantity of the product shall also be recorded. These records shall be
kept by the dealer for two years from the date of sale and be made available
for inspection by the Plant Board or its representative upon request.
4. The sale or distribution of products with
this classification in containers of more than one (1) quart to any firm or
person other than a dealer, custom or private applicator holding a current and
valid license or permit is prohibited. Dealer must have a copy of the
applicator's current license on file.
5. Non-residents of Arkansas shall designate
and maintain a resident agent in this state for service of process.
B. Requirements For Custom
Application
The application of products with the Class E or F designation
shall be known as Custom Application. To be eligible to apply products with the
Class E or Class F designation, a Commercial Application Firm must obtain a
Firm's Custom Applicator Permit from the Plant Board prior to making any
applications. Said permit must designate an Operator-in-Charge whose
responsibility is to supervise all custom applications made by the firm.
Issuance of the permit shall be conditioned on the following:
1. Commercial Aerial Application Firms must
have a Firm's Commercial Applicator
License issued by the Plant Board to apply pesticides in
Arkansas.
a. All pilots that apply
pesticides for the Firm must have an Individual Commercial Applicator Pilot
License (w/category) issued by the Plant Board.
i. The Firm must have a copy of all
Individual Commercial
Applicator Pilot Licenses held by pilots employed by the
Firm.
b.
Commercial Aerial Application Firms that wish to apply products with the Class
E or F designation must obtain a Firm's Custom Applicator Permit from the Plant
Board.
i. The Firm's Permit must designate at
least one of its Licensed
Individual Commercial Applicators that has passed the Custom
Applicator test as an Operator-in-Charge.
ii. All Pilots making Custom Applications
must have an Individual
Commercial Applicator Pilot License with Authorization to apply
Class E or F products. Said Authorization is obtained by passing a Custom
Applicator written test administered by the Plant Board
2. Commercial Ground
Application Firms must have a Firm's Commercial Applicator License issued by
the Plant Board.
a. At least one person
working for the Firm must have an Individual Commercial Applicator License
(w/category) issued by the Plant Board.
b. Commercial Ground Application Firms that
wish to apply products with the Class E or F designation must obtain a Firm's
Custom Application Permit.
i. The Firm's
Permit must designate at least one of its' Licensed
Individual Commercial Applicators that has passed the Custom
Applicator test as an Operator-in-Charge.
3. The application vehicle must be
covered by a current certificate of inspection as required in Section
VII of these
regulations.
4. Licensed Commercial
Application Firms that do tree injection work only, do not need a Firm's Custom
Applicator Permit to apply products with the Class E or F designation. For such
firms, a Tree Injector's Permit is required. However, the Firm's Tree Injector
Permit must designate at least one of the Firm's Licensed Individual Commercial
Applicators that has passed the Tree Injector test administered by the Plant
Board as an Operator-in-Charge.
5.
A deposit of $250.00 shall be made with the Plant Board by the Custom
Application Firm, except that those persons doing tree injector work
exclusively will deposit $10.00 per tree injector, up to a maximum of $250.00.
Said deposit shall be returned at the expiration of the permit upon request
unless the Custom Applicator is found in violation of the Plant Board's
regulations or suffers cancellation of his/her Custom Applicator's permit. In
which case the deposit will be retained by the Plant Board to supplement cost
recovery of inspection and administration incidental to such finding.
6. A deposit of funds as described in
IX(B)(5) and proof of financial responsibility, as described below is required.
Non-residents of Arkansas shall designate and maintain a resident agent in this
state for service of process. Custom Application Permits, Custom Application
Authorizations, and Tree Injector Permits shall expire December
31st of each year.
Financial responsibility in the minimum of $100,000 shall be
maintained by the Custom Application Firm or Tree Injection Firm during the
term of his/her permit, with proof of such financial responsibility submitted
to the Plant Board.
Proof of financial responsibility shall consist of one of the
following:
a. The deposit of a
certificate of insurance or insurance policy not to exceed $5,000 deductible
from an insurer or surplus line broker authorized to do business in Arkansas
insuring the Custom Application Firm and any of its agents against liability
for injury resulting from the application of products with this designation.
If a claim is made on this type of policy, then the policy must
not expire for at least six (6) months after the expiration of the
permit;
b. A letter of
credit from a bank located in Arkansas guaranteeing financial
responsibility;
c. A surety bond;
or d. An escrow account with a bank located in Arkansas.
7. Application for a permit must be made on
forms furnished by the Plant Board accompanied by the following fees:
a. Aerial Custom Application Firms must pay
an annual application processing fee of $150.00 plus $50.00 for each
Operator-in-Charge. Pilots making Custom Applications must pay an annual
application processing fee of $35.00 for Authorization to apply products in
Classes E and F.
b. Ground Custom
Application Firms must pay an annual application processing fee of $150.00 plus
$50.00 for each Operator-in-Charge.
c. Applicants for a Tree Injector's Permit
must pay an annual application processing fee of $50.00 plus $50.00 for each
Operator-in-Charge.
Should, at any time, a Custom Application Firm be left without
an Operator-in-Charge or a pilot with an Individual Commercial Applicator Pilot
License with Authorization to apply products with the Class E or F designation,
either because of invalidation of the permit or for any other reason, such
shall automatically invalidate the custom applicator's firm permit. It shall be
a violation of these regulations for an individual or firm to act as a Custom
Applicator that is not licensed to do so by the Plant Board.
8. The Plant Board or its
authorized representative(s) may refuse issuance, after a hearing, of a custom
applicator's permit to any applicant when such applicant has been found in
violation of these regulations four times in a three year period. Such
applicant may appeal to the Board. All requests for an appeal must be made in
accordance with the Plant Board's policy on appealing a decision.
9. All equipment used for custom application
of the products with this designation must have a decal provided by the Plant
Board affixed to the device in a location where it can be easily seen by a
Plant Board representative and protected from removal or disfigurement by work
activity. This decal may only be affixed to equipment that meets the
requirements set out in these regulations and other applicable regulations
promulgated by the Plant Board. Use of equipment for custom application that
does not have a current decal will be a violation of these regulations. Decals
are not transferable between equipment. Each decal shall be issued at a cost of
$50.00 each. Subsequent to issuance of a decal, the equipment on which the
decal is to be attached will be subject to inspection by the Plant Board.
Equipment found not meeting the requirements set out by these regulations or
other applicable regulations promulgated by the Plant Board will be issued a
Stop Use Order that will be released by the Plant Board once the Plant Board is
satisfied that the equipment meets the set up requirements of the applicable
regulations. The applicator will also be considered in violation of the Plant
Board's regulations on pesticide application and be subject to the required
enforcement action. All decals and permits expire on December
31st of each year.
Equipment used to apply pesticides with this designation shall
not be used for the application of other pesticides that do not carry this
designation or the Class F designation unless the following has been
done:
a. The vehicle must be
thoroughly decontaminated;
b. The
tank must be thoroughly rinsed and the rinsate disposed of in accordance with
the label. If the label does not address rinsate disposal, the rinsate should
be collected and disposed of in accordance with applicable state and federal
disposal laws; and
c. The entire
spray or application system must be replaced or decontaminated using the best
available technology such that a sample taken from the successive pesticide
tank load would contain no detectable concentration of the previous product.
Where research has established a concentration below which no adverse affects
occur and that concentration level is not a violation of state or federal law
or regulations written pursuant to such laws, then that established
concentration will be acceptable. Compliance with this provision in no way
exempts the product user from compliance with any other responsibility imposed
by state or federal law or regulation written pursuant thereto. Pesticide
application equipment must have a leak free valve that is painted hunter orange
from which a sample can be taken. Aircraft must have a sample valve located at
the low point in the spray system. Ground application equipment must have a
sample valve located in the pressure by-pass line.
10. All firms desiring to do custom
application work must have a Custom Application Permit to do so. Said permit
must designate an Operator-In-Charge. Eligibility as Operator-in-Charge will be
conditioned on the following;
a. Achieving a
score of 70% or better on an examination administered by the Plant
Board,
b. Pilots must hold a valid
FAA pilot's Commercial Certificate,
c. Applicant may not have more than four (4)
enforcement actions indicated on the Plant Board's records in the three years
prior to the date of testing, and
d. The fee for each test shall be $35.
Pilots and Operator's-In-Charge shall be responsible for
notifying the Plant Board of the name and location of employment prior to
starting work.
11.
The Custom Application Firm must maintain records of each application of
products with this and the Class F designation. Said records must be retained
at the principal Arkansas office of the Custom Application Firm as indicated on
the Firm license for a period of three (3) years and be available for
inspection by a Plant Board representative. The records shall include at a
minimum the following information:
a. Name
and address of the person(s) in control of the crops, plant, etc;
b. Location of the crop, plants, etc.
treated. Location description must include county, nearest town, physical
address if available, and GPS or map coordinates of the primary entrance to the
field;
c. Date, start and ending
time of the application;
d. Wind
speed and direction at the start and ending time of the application and the
type of instrument used to measure wind speed and direction. The location of
instrument at time of reading (preferably "field of application") must also be
recorded;
e. Complete brand name
and EPA registration number of the material used;
f Number of acres and type of crop to which
the material was applied;
g. Type
of equipment used and the Firm's Custom Application Equipment number assigned
to it by the Plant Board;
h.
Distance from and direction to any susceptible crops within a one mile radius
of the treated crop; and i. Name of the application vehicle operator.
C. Requirements For
Non-Custom Application Of Products In This Class
1. Whether designated as "Restricted" by the
EPA or not, products in containers of more than one (1) quart with this class
designation and the Class F designation may not be purchased by or sold to
persons who do not have a current Commercial, Non-Commercial, or Private
applicator's license.
2. All
applications of products with this designation by Private Applicators must be
in accordance with the applicable application conditions required of the custom
applicator.
3. The Private
Applicator must maintain records of each application of products with this and
the Class F designation. Said records must be retained for a period of three
(3) years and be available for inspection by a Plant Board representative. The
records shall include at a minimum the following information:
a. Name and address of the person(s) in
control of the crops, plant, etc;
b. Location of the crop, plants, etc.
treated. Location description must include county, nearest town, physical
address if available, and GPS reading or map coordinates of the primary
entrance to the field;
c. Date,
start and ending time of the application;
d. Wind speed and direction at the start and
ending time of the application and type of instrument used to measure wind
speed and direction. The location of instrument at time of reading (preferably
"field of application") must also be recorded;
e. Complete brand name and EPA registration
number of the material used;
f
Number of acres and type of crop to which the material was applied;
g. Type of equipment used. If the product was
applied by a custom applicator, record the Firm's Custom Application Equipment
number assigned to the equipment used by the Plant Board;
h. Distance from and direction to any
susceptible crops within a one mile radius of the treated crop; and i. Name of
the application vehicle operator.
D. Exemptions
1. The licensing requirements of these
regulations do not apply to the U. S. Department of Agriculture, the Arkansas
Experiment Stations and other State or Federal Agencies, to ornamental and turf
weed control, or to company demonstrations with ground equipment, or to sales
of fertilizer, soil conditioners or similar products containing registered
products with this designation and packaged for home use. Provided that nothing
in this section shall be construed as exempting custom applicators from the
provisions of these regulations when making applications for the agencies
listed herein, or exempting any such agency acting as a dealer from the dealer
requirements.
2. Products with the
Class E or F designation that are not designated as restricted use products by
the Environmental Protection Agency may be purchased from an Arkansas pesticide
dealer for use outside the state of Arkansas without the dealer having to have
a dealer's license or the purchaser having an applicator's license.
3. Commercial Applicators and Private
Applicators that can provide proof of current certification and licensing from
another State may purchase restricted use pesticides from a restricted use
pesticide dealer licensed in Arkansas if the product is to be used outside of
Arkansas.
SECTION
X Class F
Products with this designation shall be used in accordance with
all other applicable federal or state laws and the regulations written pursuant
thereto, the label registered with the State of Arkansas, the applicable
requirements identified for Class A, B, C, D, and E above, and the following
additional restrictions.
A. Dealers
may not store or transport products with this designation in the same room or
vehicle with seeds, other pesticides that do not have this designation, or
fertilizers except in leak-proof containers not to be opened while in storage
and must observe all other precautions necessary to prevent contamination of
these products.
B. The use of
esters of the products with this designation, except low-volatile esters, is
prohibited.
C. No product with this
designation may be applied within 1/4 mile of susceptible crops.
D. From April 15th
through September 15th of each year a buffer zone
between the field to be treated and susceptible crops of four (4) miles for
aerial application and one (1) mile for ground application shall be
maintained.
E. Any custom
applicator who violates the buffer zones defined in Section (X)(D) shall be
subject to a civil penalty as prescribed by the penalty matrix for the
violation plus $1000. However, the total civil penalty for one violation may
not exceed $2000. Failure to comply with the decontamination requirements of
Section (IX)(B)(9) of these regulations before making an application of a
product with a Class A, B, C or D designation inside a designated buffer zone
for Class E and F products will be considered a buffer zone
violation.
F. Products with this
designation shall be applied in accordance with the application equipment set
up required for herbicide applications to field crops itemized in the
regulations written pursuant the Pesticide Use and Application Act of 1975, as
amended. Except that these conditions will apply, in addition to field crops,
to pastures, rights-of-way, drainage ditches, brush and forest land.
G. The wind velocity during the application
shall not exceed eight (8) mph and the temperature may not exceed 90 degrees
F.
H. Applications of products with
this classification shall not be made in the area(s) defined below unless the
following conditions exist:
1. For
applications made before noon, the air temperature at the field of application
at the beginning of the application must be a minimum of three (3) degrees
Fahrenheit above the morning low measured at the applicator's air strip or
mixing/loading facility. If the applicator has knowledge that the temperature
measurement at his/her air strip or mixing/loading facility would not be the
same as a reading taken at the same time at the field of application, then all
temperature readings must be taken at the field of application.
2. For applications made after noon, the
temperature at the field of application must not have decreased more than three
(3) degrees Fahrenheit from the
afternoon high measured at the applicator's air strip or mixing/loading
facility. If the applicator has knowledge that the temperature measurement at
his/her air strip or mixing/loading facility would not be the same as a reading
taken at the same time at the field of application, then all temperature
readings must be taken at the field of application.
All temperature measurements referenced above must be
maintained by the grower as well as the applicator and be made available to the
Plant Board upon request.
AREA 1: Clay County- West of Crowley' s Ridge and east of the
Black River or the railroad right-of-way that runs between Peach Orchard and
Moark, whichever is closer to Crowley's Ridge.
AREA 2: Greene County- West of Crowley's Ridge and east of the
western border of Greene County or the railroad right-of-way that runs between
Okean and Delaplaine, whichever is closer.
SECTION XI Class I
Products with this designation are those for which none of the
aforementioned classification or any combination thereof will resolve to an
acceptable level the problems associated with the use of such product.
SECTION XI I Product
Classification
|
Class A
|
All registered pesticides not otherwise assigned
below
|
|
Class B
|
|
Class C
|
|
Class D
|
|
Class E
|
|
Class F Class G
|
All 2,4-D and 2,4-D Containing Pesticides, MCPA
Reserved
|
|
Class H
|
Reserved
|
|
Class I
|
Facet: See Attachment 1
|
