Current through Register Vol. 49, No. 9, September, 2024
SECTION
I. Title
The following rules 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 Rules On Pesticide Use". Promulgation of these
rules repeals all provisions of the Plant Board's current rules entitled
"Arkansas Rules 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 rules 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 rules 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, G, H, 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(c) 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. PRODUCT CLASSIFICATION
The following represents the product classifications assigned
to pesticides currently registered under Arkansas law.
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 Quinclorac: See Attachment 1
SECTION VI. 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 rules 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 rules regarding spray droplet size. Said products must comply
with the product label.
SECTION
VII. Class B
Products with this designation shall be used in accordance with
all other applicable federal or state laws and the rules written pursuant
thereto, the label registered with the State of Arkansas, rules 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 VIII. Class C
Products with this designation shall be used in accordance with
all other applicable federal or state laws and the rules 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 rules written pursuant to the Pesticide Use and
Application Act of 1975, as amended, (PUAA) prior to the initial application.
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 rules. 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 rules.
SECTION IX. Class D
Products with this designation shall be used in accordance with
all other applicable federal or state laws and the rules 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 rules, a 300 foot minimum buffer zone must
be maintained between the protected entity (desirable vegetation, waterway,
etc.) and the sprayed area.
SECTION
X. Class E
Products with this designation shall be used in accordance with
all other applicable federal or state laws and the rules 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 VIII of these
rules.
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 rules
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 Section
(X)(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 rules 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 rules 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 rules and other applicable rules promulgated by
the Plant Board. Use of equipment for custom application that does not have a
current decal will be a violation of these rules. 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 rules or other applicable rules
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 rules. The applicator
will also be considered in violation of the Plant Board's rules 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 effects
occur and that concentration level is not a violation of state or federal law
or rules 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,
NonCommercial, 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 rules 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 rules 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
XI. Class F
Products with this designation shall be used in accordance with
all other applicable federal or state laws and the rules 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 16th
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; and
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 (XI)(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 (X)(B)(9) of these rules 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 rules 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.
I. Enlist Exemption
a. Dow Agro-Sciences' products identified as
Enlist One and 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 XI (C), and
Section XI (D)(1), and
Section XI (D)(2), and
Section XI (D)(3), and
Section XI (G), and
The application window in Section XI(D) shall not
apply.
b. In addition to all
product label requirements, the following conditions apply:
i. At the time of application, the wind must
be blowing away from adjacent sensitive areas and non-target susceptible crops
as identified by the product label.
ii. The wind speed during the application may
not exceed 10 mph.
iii. The volume
median diameter (VMD) of the spray droplets must be greater than 300
microns.
iv. Tank mixes will not be
permitted unless research data, from a source acceptable to the Plant Board, is
provided. This data must prove that the mix, when applied according to the
product label and state restrictions, does not increase the driftable fines
(those less than 200 microns) by more than 10% over that of the product alone.
However, there will be 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 an acceptable
source for development of the data.
v. Where the product label is more
restrictive than the Plant Board's restrictions, then the label must be
complied with.
c. Ground
applications of products with this classification shall not be made to Enlist
seed technologies without Commercial, Non-Commercial, and Private Applicators
first completing New Technology Certification training. New Technology
Certification training must be obtained through the Cooperative Extension
Service. Upon request proof of training must be provided to the Plant
Board.
SECTION
XII. CLASS G
Products with this designation shall be used in accordance with
all other applicable federal and state laws and rules 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
rules 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 Rules 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 rules.
SECTION XIII. CLASS H
Products with this designation shall be used in accordance with
all other applicable federal and state laws and rules 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. From July 1st
through October 31st of each year, applications of
products labeled for agriculture use that contain dicamba are prohibited except
applications made:
a. for turf, ornamental,
direct injection for forestry activities and home use are allowed year
round;
b. for pasture and rangeland
are allowed year round. However, such applications must maintain buffers
required in Section 2.
2.
From April 16th through June
30th, all applications for in crop agricultural use:
a. Must maintain a one (1) mile buffer, in
all directions, from University and
USDA research stations.
b. Are prohibited from using tank mixes of
products containing the active ingredient Glyphosate mixed with pesticides
containing the active ingredient dicamba labeled for in crop use.
c. During application a 1/4 mile buffer
zone in all directions from non dicamba-tolerant crops must be maintained and
1/2 mile for all certified organic crops, and commercially grown specialty
crops (defined as a minimum of 1,000 plants or the average annual crop sales
for the previous three-years exceeding $25,000).
3. From April 16th
through October 31st, applications of pesticides
labeled for agricultural use that contain the active ingredient dicamba are
prohibited for preplant (burndown) applications except for:
From April 16th through June 30,
pesticides labeled for in crop agricultural use, by ground that contain the
active ingredient dicamba and allow for the pre-plant (burndown) applications
may be applied. However, such applications must maintain the requirements of
buffers required in Section B.2.
4. Training Requirements:
a. Applications of products with this
classification to dicamba-tolerant crops shall not be made without Commercial,
Non-Commercial, and Private Applicator, first completing dicamba specific
training provided by a registrant of a dicamba product for use on dicamba
tolerant crops. Upon request proof of training must be provided to the Plant
Board.
b. Applications of products
with this classification to non-dicamba crops or pasture and rangeland shall
not be made without Commercial, NonCommercial, and Private Applicators first
completing New Technology Certification training. New Technology Certification
training must be obtained through the Cooperative Extension Service. Upon
request proof of training must be provided to the Plant Board.
c. Applicators must provide the proof of
training required by paragraph 4 to Pesticide Dealers prior to
purchase.
5. Record
Keeping Requirements:
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:
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 commercial applicator, record the Firm's Application Equipment
number assigned to the equipment used by the Plant Board; and
h. Name of the application vehicle
operator.
C.
Exemptions:
1. The licensing requirements of
these rules 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.
SECTION XIV. 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.
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 such
as:
*Stam M-4 EC *Arrosolo 3+3 EC
*Propanil EC *Ordram 8E
*Abolish 8E *Bolero EC |
Aircraft Spray Wind Speed 3 to 8 mph |
4 miles |
1 mile |
|
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:
*Stam 80EDF *Basagran
*Terra Propanil 80DF *Blazer
*Wham EZ, Super Wham *Storm
*Pentagon 60 WDG *Londax |
Aircraft Spray Wind Speed 3 to 8 mph |
1 mile |
1 mile |
|
Ground Spray Wind Speed 3 to 8 mph |
1/2 mile |
1/2 mile |
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 (>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 <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.
