Current through Register 1531, September 27, 2024
(1)
Anti-siphonage Devices. Pesticide application or mixing equipment designed, sold or intended for use in Massachusetts shall:
(a) If attached to pipes or fixtures which carry potable water, be separated from the water supply by an effective anti-siphonage device.
(b) If drawing water from the surface waters of the Commonwealth, have an effective anti-siphonage device.
(2)
Applications Broader than 25 Acres. No application of a restricted or state limited use pesticide, as classified in 333 CMR 8.04(1)(b), to any area in excess of 25 acres shall be made unless the conditions set forth in 333 CMR 13.02(2)(a) through (b). 333 CMR 13.02 shall not apply to Agricultural Applications except for those made to forested land under production.
(a) Notification of the proposed application has been given to the Department by the applicator or his/her employer at least two Department business days prior to the proposed application and the Department has reviewed and approved said application. Said notification shall include but not be limited to the following information:
1. Proposed dates of pesticide application, including alternative dates to be used in the event of improper conditions.
2. Location identified on a U.S.G.S. topographical or other map as specified by the Department.
3. Name and EPA Registration Number of the pesticide product to be applied.
4. Quantity of the pesticide to be applied.
5. Name and phone number of applicator from whom additional information can be obtained.
(b) The Department shall issue a written approval or rejection of the proposed application, as soon as possible, but in no case later than two weeks after the receipt of a complete notification.
(3)
Agricultural Applications Near Public Ways. No application of a pesticide bearing the signal word "Danger" on the label and classified as a restricted use or state limited use pesticide pursuant to 333 CMR 8.04(1)(b) shall be made for the purpose of producing an agricultural commodity to a site within 50 feet of a public way unless notice of the application is given by the posting of a sign. Such sign shall:
(a) Be posted at least every 200 feet along the perimeter of the treated area facing the public way and at every principal entrance to the treated area facing the public way;
(b) Be posted between two and 24 hours prior to the application;
(c) Be removed no sooner than 48 hours after the application and no sooner than the expiration of the Restricted Entry Interval (REI) stated on the label instructions under the heading "Agricultural Use Requirements;
(d) Be removed no later than 48-hours after the expiration of the Restricted Entry Interval (REI) stated on the label instructions under the heading "Agricultural Use Requirements;
(e) Have a background color that contrasts with red. The words "Danger" and "Peligro", plus "Pesticides" and "Pesticidas" shall be at the top of the sign, and the words "Keep Out" and "No Entre" shall be at the bottom of the sign. Letters for all words must be clearly legible. A circle containing an upraised hand on the left and a stern face on the right must be at the center of the sign. The inside of the circle must be red, except that the hand and a large portion of the face must be in a shade that contrasts with red. The length of the hand must be at least twice the height of the smallest letters. The length of the face must be only slightly smaller than the hand. Additional information such as the name of the pesticide and the date of application may appear on the warning sign if it does not detract from the appearance of the sign or change the meaning of the required information; and
(f) Be at least 14 inches by 16 inches in size, with letters at least one inch in height.
(4)
Applications Adjacent to Agricultural Lands. Pesticide applications made to areas adjacent to crops or pasturelands shall be so made that residues in excess of Environmental Protection Agency tolerances for crops and pasturage do not occur.
(5) All persons shall use pesticides in such a manner that there be no unreasonable adverse effect on the non-target environment.
(6) All persons shall:
(a) Use only methods and equipment which insure proper application of materials.
(b) Operate in a careful manner and only when conditions are proper for controlling pests in the locality.
(c) Make no false or fraudulent claims. The term fraud includes misrepresentation personally or through the media, falsified records, invoices or reports.
