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. Documentation of equipment set-up
must be maintained by the commercial applicator on forms provided by the Plant
Board and made available to the ASPB upon request. 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.
A. For
the first year of registration and the following year Monsanto's products
identified as M1691, a diglycolamine salt of dicamba, Roundup Xtend with
VaporGrip Technology, a premix of glyphosate and diglycolamine salt of dicamba
and XtendiMax with VaporGrip, a diglycolamine salt of dicamba may be used on
Roundup Ready Xtend cotton and soybeans with the following conditions:
1. During application, the wind must be
blowing away from adjacent susceptible crops or desirable vegetation.
2. The wind speed during the application may
not exceed 10 mph.
3. Tank mixes
will not permitted without proof acceptable to the Plant Board that the mix,
when applied according to the product label and/or state restrictions does not
increase the driftable fines (those less than 200 microns) by more than 10%
over that of the product alone, with a limit of no more than 10% of the total
mix's droplets to be smaller than 200 microns. This tank mix requirement may be
waived in part or in whole by the Plant Board if no entity can be identified as
acceptable to the Plant Board.
4.
Where the product label is more restrictive than the Plant Board's
restrictions, then the label must be complied with.
5. The VMD of the spray droplets must be
greater than 400 microns.
6. During
application of M1691 a buffer zone of 400 feet between susceptible crops or
desirable vegetation and the area of application must be maintained.
B. For the first year of
registration and the following year BASF's product identified as
Engenia Herbicide may be used on Roundup Ready Xtend cotton and
soybeans with the following conditions:
1. During application, the wind must be
blowing away from adjacent susceptible crops or desirable vegetation
2. The wind speed during the application may
not exceed 10 mph.
3. Tank mixes
will not be permitted without proof acceptable to the Plant Board that the mix,
when applied according to the product label and/or state restrictions does not
increase the driftable fines (those less than 200 microns) by more than 10%
over that of the product alone, with a limit of no more than10% of the total
mix's droplets to be smaller than 200 microns. This tank mix requirement may be
waived in part or in whole by the Plant Board if no entity can be identified as
acceptable to the Plant Board.
4.
Where the product label is more restrictive than the Plant Board's
restrictions, then the label must be complied with.
5. The VMD of the spray droplets must be
greater than 400 microns.
6. During
applications of Engenia Herbicide a buffer zone of 400 feet between susceptible
crops or desirable vegetation and the area of application must be
maintained.
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 custom
applicator's 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.
4. Dow Agro Sciences Exemption
(a) For the first year of registration and
the following year Dow Agro-Sciences' product identified as Enlist Duo - premix
of glyphosate and 2,4 - D Choline may be used on Enlist Weed Control System
soybeans, cotton, and corn. All Plant Board restrictions on 2,4 - D containing
products will apply except the following:
Section X (C), and
Section X (D)(1), and
Section X (D)(2) and
Section X (D)(3) and
Section X (G) and
The application window in Section
X(D) shall not
apply.
(b) All product label
requirements must be followed in addition to the following:
At the time of application, the wind must be blowing away from
adjacent susceptible crops or desirable vegetation.
The wind speed during the application may not exceed 10
mph
The VMD of the spray droplets must be greater than 300
microns
Tank mixes will not be permitted without proof acceptable to
the Plant Board that the mix, when applied according to the product label and
or state restrictions does not increase the driftable fines (those less than
200 microns) by more than 10% over that of the product alone. This tank mix
requirement may be waived in part or in whole by the Plant Board if no entity
can be identified as acceptable to the Plant Board.
Where the product label is more restrictive than the Plant
Board's restrictions, then the label must be complied with.
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 the 1/4 mile of susceptible crops at any time
except as otherwise indicated by this regulation.
D. From April 15th
through September 15th of each year, the following
conditions shall apply:
1. Pesticides labeled
for agricultural use that contain the active ingredient(s) assigned to this
Class, may not be applied by ground or air in Clay, Greene, Craighead,
Poinsett, Cross, Crittenden, St. Francis, Lee, Phillips, and Mississippi
Counties.
2. Where no viable
alternative is believed to exist, an annual permit may be obtained from the
Plant Board to allow an exemption to these restrictions. Said permit must be
obtained prior to application and will require a permit application fee in the
amount of $100. The application for the permit must be on forms authorized by
the Plant Board. This exemption is conditioned on the producer complying with
the following requirements:
a. The permitee
must have the permit in his/her possession prior to making the application and
it must be made available to the Plant Board or its designee upon
request.
b. For each application
the following information must be recorded:
i.
A physical description of the location of the field;
ii. Date of the application;
iii. Start and stop time for each load
applied to the field;
iv. Wind
speed (may not be less than 2 mph), wind direction, ambient temperature, and
precipitation condition at ten minute intervals during the application of each
load. Said measurements must be made at the field of application;
v. The producer must be present during the
application and sign the document containing the information.
c. The above information must be
filed with the Plant Board's Pesticide Division along with a GPS map of the
application to the field within 10 days of the date of application.
d. Applications made within four (4) miles of
susceptible crops (defined as cotton when applying 2,4-D) must be done when the
wind is blowing at least two (2) mph away from the susceptible crop.
e. Rice levee spraying shall not require a
permit in Cross, Poinsett, Clay, Greene, Craighead, Crittenden, St. Francis,
Lee, Phillips, and Mississippi counties west of the approximate north-south
center line of Crowley's Ridge. However, paragraphs b(i) through b(v) and
paragraph d above must be complied with. The records for each application must
be maintained by the producer for a period of three years and be made available
to the Plant Board upon request by a Plant Board representative. The
application device must 1) generate a spray with a droplet spectrum such that
no more than 10 % of the spray droplets are smaller than 300 microns, 2) the
boom width may not exceed 10 feet, 3) during application the spray nozzle
height may not exceed 30 inches above the top of the levee, and 4) the spray
vehicle may not exceed 8 miles per hour. No 2,4-D Esters may be used.
3. In the remainder of the State
the following conditions shall apply:
a. A
buffer zone between the field to be treated and susceptible crops (susceptible
crops is cotton when applying 2,4-D containing products) of four (4) miles for
aerial application and one (1) mile for ground application shall be
maintained.
b. Applications made
within four (4) miles of susceptible crops must be done when the wind is
blowing at least two (2) miles per hour away from the susceptible
crop.
c. Applications may be made
within the applicable buffer zones if the owner or supervisor of the sprayed or
treated field has obtained a waiver from the producers of all susceptible crops
within the buffer zone. The waiver shall be developed by the Plant Board and
provided to said producers by the owner or supervisor of the sprayed or treated
field. A copy of the waiver must be provided to the applicator who sprays or
treats the field. The applicator shall retain the record for a period of three
(3) years. When making an application within the applicable buffer zone, at the
time of application, the wind must be blowing away from susceptible
crops.
4. Failure to
comply with the requirements for a Class F product when using a Class
F product will result in enforcement action being taken against
the producer and the applicator in accordance with the Plant Board's Penalty
Matrix. Any penalty mandated by the Penalty Matrix may have additional civil
penalty added to it to bring the amount of the assessment up to the maximum
amount allowed by law.
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 unless the following condition exists:
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 five (5) 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.
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 All 2,4-D and 2,4-D Containing Pesticides, MCPA
Class G Glyphosate containing products packaged in containers
one (1) gallon or larger,
labeled for agricultural use, and used in row crop and rice
production and commercial right-of-way treatment.
Class H All Pesticides Containing Dicamba
Class I Facet: See Attachment 1
SECTION XI II Class G
Products with this designation shall be used in accordance with
all other applicable federal and state laws and 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. Products assigned
to this class include only those products packaged in containers one (1) gallon
or larger, labeled for agricultural use, and used in row crop and rice
production and commercial right-of-way treatment.
A. Class G products may not be applied in
winds greater than 10 miles per hour, 15 miles per hour if using a commercially
available hooded sprayer. However, if the product label indicates a lesser wind
speed should be used, then that wind speed must be used.
B. Civil penalties assessed for each
violation of the product label, applicable State or Federal law or the
regulations promulgated pursuant to these laws that involve a product with this
classification shall be assessed at the level indicated by the Plant Board's
Enforcement Response Regulations for a restricted-use product plus, where not
otherwise forbidden by state or federal law, additional civil penalty may be
added to bring the amount of the assessment up to the maximum amount allowed by
law.
C. For purposes of civil
penalty assessment, products named to this classification shall be considered
the same as Federally Restricted Use products if not already designated as
such.
D. Failure to comply with
these requirements will be a violation of these regulations.
SECTION XIV Class H
Products with this designation shall be used in accordance with
all other applicable federal and state laws and regulations written pursuant
thereto, the label registered with the State of Arkansas, the applicable
restrictions identified for Class A above and the following additional
restrictions. Products assigned to this class include only those products
packaged in containers of more than one quart, labeled for agricultural
use.
A. Dealer 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
commercial, non-commercial, 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 or applicator holding a
current and valid license or permit is prohibited. Dealer must have a copy of
the applicator's 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 Commercial,
Non-Commercial, and Private Application of Dicamba
Containing Pesticides:
1. Applicators must maintain records of each
application of products with this 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:
2. Name and address of
the person(s) in control of the crops, plant, etc;
3. 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;
4. Date,
start and ending time of the application;
5. 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;
6. Complete brand name and EPA registration
number of the material used;
7.
Number of acres and type of crop to which the material was applied;
8. Type of equipment used. If the product was
applied by a commercial applicator, record the Firm's Application Equipment
number assigned to the equipment used by the Plant Board;
9. Name of the application vehicle
operator.
C.
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.
2. Products with the 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, Non-Commercial, 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.
Attachment 1
Quinclorac Use
Restrictions
1. The buffer zones in the
table below shall apply to Quinclorac herbicide applications:
|
Herbicide Treatment Options
|
Application Equipment
|
Buffer Zones
|
|
When winds are blowing in the direction of incorporated
towns or commercial plantings of the solanaceae family.
|
When winds are NOT blowing in the direction of
incorporated towns or commercial plantings1of the
solanaceae family.
|
|
a. Water diluted spray of
Quinclorac herbicide tank-mixed with emulsifiable concentrate (EC) formulation
herbicides
|
Aircraft Spray
Wind Speed
3 to 8 mph
|
4 miles
|
1 mile
|
|
such as:
* Stam M-4 EC * Arrosolo 3+3 EC
* Propanil EC * Ordram 8E
* Abolish 8E * Bolero EC
|
Ground Spray
Wind Speed
3 to 8 mph
|
1 mile
|
1/2 mile
|
|
b. Water diluted spray of
Quinclorac herbicide applied in water alone or tank-mixed with emulsifiable
concentrate formulation free herbicides such as:
|
Aircraft Spray
Wind Speed
3 to 8 mph
|
1 mile
|
1 mile
|
|
* Stam 80EDF
|
Ground Spray
|
|
* Basagran
|
Wind Speed
|
1/2 mile
|
1/2 mile
|
|
* Terra Propanil 80DF * Blazer
|
3 to 8 mph
|
|
* Wham EZ, Super Wham * Storm
|
|
* Pentagon 60 WDG * Londax
|
1. Exemption: In
areas where cities have annexed blocks of agricultural land, water diluted
sprays of Quinclorac may be used within or adjacent to the city limits,
provided the application site is no closer than 1/2 mile to subdivisions when
using ground equipment or 1 mile to subdivisions when using aircraft and no
closer than 1/4 mile to established plants of the solanaceae family or
established/emerged cotton.
2. No
water diluted spray of Quinclorac herbicide shall be applied closer than 1/4
mile by any means to established/emerged cotton, noncommercial plantings of the
solanaceae family, or closer than 1/2 mile by aircraft if the wind is blowing
in the direction of such plants.
3.
No water diluted spray of Quinclorac herbicide shall be applied closer than 1
mile by aircraft or 1/2 mile by ground equipment to established, certified
commercial plantings of the solanaceae family ([GREATER THAN]1,000 plants each
kind) statewide.
4. In addition to
the above statewide requirements, the following additional restrictions shall
apply to Poinsett County.
a. No water diluted
spray of Quinclorac herbicide shall be applied in an area from one mile west of
Highway #1 to one mile east of Highway #163 from the Craighead-Poinsett County
line to the Cross-Poinsett County line.
b. Water diluted spray of Quinclorac
herbicide shall be applied only by ground equipment in the area of Poinsett
County from one mile west of Highway #1 to two miles west of Highway #1 and
only by ground equipment in the area of Poinsett County from one mile east of
Highway #163 to Ditch #10, from the Craighead-Poinsett County line to the
Cross-Poinsett County line.
c. No
water diluted spray of Quinclorac herbicide shall be applied within 1/2 mile
with ground equipment or 1 mile by aircraft of commercial plantings of the
solanaceae family and towns. This buffer is extended to one mile for ground
application and two miles for aerial application when Quinclorac herbicide is
mixed with emulsifiable concentrate formulation herbicides.
5. The buffer zones defined in
paragraph one (1) (b) shall apply to tank mixes of water diluted sprays of
Quinclorac and EC products for which the EC manufacturer has provided the Plant
Board with atomization study data from a research entity acceptable to the
Plant Board that shows that the product does not produce more "fines" (percent
of total spray volume in droplets [LESS THAN]105µm) than water.
6. All applications of Quinclorac shall be
made in accordance with the applicable drift minimization recommendations of
the Spray Drift Task Force.
7. Both
air and ground application equipment shall be set up for application of
Quinclorac in such a way that generation of spray droplets less than 105
microns in size is less than 5% of the total volume. The spray nozzle size
classification must be designated as "coarse" by the British Crop Protection
Council.
8. Quinclorac may not be
sold to persons that do not possess a current Private, Commercial or
Non-Commercial Applicator's License.
