New Hampshire Code of Administrative Rules
Pes - Pesticide Control Board
Chapter Pes 700 - SALE AND USE OF PESTICIDES
Part Pes 701 - PROHIBITED, PROHIBITED-LIMITED USE AND RESTRICTED PESTICIDES
Section Pes 701.05 - Prohibited - Limited Use Compounds

Universal Citation: NH Admin Rules Pes 701.05

Current through Register No. 40, October 3, 2024

These compounds, listed by common chemical name, shall be allowed for sale and use only for the uses listed below:

(a) Avitrol shall only be used by government agencies who have jurisdiction over federally protected birds, and commercial pest control operators for non-protected birds, upon issuance of a special permit. This compound shall not be sold to the general public;

(b) DRC 1339 Starlicide shall only be used by government agencies who have jurisdiction over federally protected birds, and commercial pest control operators for non-protected birds, upon issuance of a special permit. This compound shall not be sold to the general public;

(c) Fenthion shall only be used by government agencies who have jurisdiction over federally protected birds, and commercial pest control operators for non-protected birds, upon issuance of a special permit. This compound shall not be sold to the general public;

(d) Methyl Parathion Encapsulated, or any formulation thereof used in New Hampshire, shall be subject to the following restrictions and conditions:

(1) Those provisions contained on the manufacturer's label;

(2) Regardless of whether bees or other pollinators are known to be visiting areas to be treated, this pesticide shall not be:
a.Applied to any corn crop having 10% or more of its plants with spike anthers;

b.Applied on any field crop, orchard, vineyard or other agricultural crop listed on the manufacturer's label where there exists weeds or other non-target plants having an average of 5 or more blooms per square yard; or

c.Allowed to drift to any non-target areas where weeds or other non-target plants having an average of 5 or more blooms per square yard exist; and

(3) Use of this pesticide shall be by special permit only as follows:
a.Only applicators certified under RSA 430:33 may apply for a special permit under this subparagraph;

b.Individuals seeking special permits to use Methyl Parathion shall include the following information on application forms provided by the division:
1.Name and address of applicant;

2.Crops to be treated;

3.Location of application;

4.Maximum number of applications;

5.Target pests;

6.Approximate date of application; and

7.Method of notification of apiary owners;

c.Special permit applications under this subparagraph shall be submitted at least 20 days prior to the intended treatment date;

d.The division shall grant a special permit within 10 days of receipt of such application if the following are true:
1.The applicant has provided the information required in b. above;

2.The applicant has complied with a. and c. above;

3.The pesticide can be used without causing adverse effects on non-target organisms; and

4.The proposed use is in compliance with (d)(2) above; and

e.An applicator issued a special permit under this paragraph shall notify all beekeepers registered under Agr 1805.01, who indicated through registration they may have apiaries located within 2 miles of the area to be treated, at least 48 hours prior to each application;

(e) Ornitrol shall only be used by government agencies who have jurisdiction over federally protected birds, and commercial pest control operators for non-protected birds, upon issuance of a special permit. This compound shall not be sold to the general public;

(f) Sodium Arsenite, and any formulation thereof, shall be used by special permit only pursuant to Pes 505.05(b)(c) and (d);

(g) Sodium Fluoroacetate, compound 1080, shall be used by a licensed pest control applicator, upon consultation with the department of health and human services; and

(h) Tergitrol shall be used only by government agencies who have jurisdiction over federally protected birds, and commercial pest control operators for non-protected birds, upon issuance of a special permit. This compound shall not be sold to the general public.

#150, eff 1-9-74; amd by #741, eff 1-18-76; amd by #823, eff 7-18-76; amd by #2002, eff 4-19-82; ss by #2209, eff 12-13-82; amd by #2388, eff. 6-16-83; ss by #2781, eff 7-26-84; amd by #4505, eff 10-13-88; ss by #4867, eff 7-19-90; ss by #5393, eff 5-12-92; amd by #5590, eff 2-25-93; amd by #6160, eff 1-3-96; ss by #6316, eff 8-13-96; ss by #6455, eff 2-19-97; ss by #7987, eff 1-3-04, EXPIRED: 1-3-12

New. #10489, INTERIM, eff 12-17-13, EXPIRES: 6-16-14

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