Current through Register Vol. 48, No. 9, September 27, 2024
A. The State may adopt the same list of
restricted use pesticides and use patterns established by the U. S.
Environmental Protection Agency.
B.
The pesticides and use patterns restricted in the State are those so classified
by the U. S. Environmental Protection Agency or so established at the
discretion of the Director after appropriate consultations with the affected
parties or their representatives.
C. Micro-encapsulated agricultural
insecticides are especially toxic to honeybees and other pollinators. For the
purposes of this section, a micro-encapsulated insecticide is any insecticide
labeled or formulated for agricultural use, the active ingredient of which is
micro-encapsulated in whole or in part. Such insecticides must be classified as
Restricted Use and are subject to the following conditions:
(1) Micro-encapsulated insecticides
formulated or labeled for agricultural use may be sold, offered for sale,
distributed, or transferred only by licensed pesticide dealers.
(2) Micro-encapsulated insecticides
formulated or labeled for agricultural use may be sold, distributed, or offered
for sale only to persons who possess a current certified applicator's license
and a permit to possess and apply such insecticide.
(3) Except as otherwise provided by law, no
person shall possess or apply micro-encapsulated insecticides formulated or
labeled for agricultural use to their own lands unless they possess a current
private applicator's license and a valid permit to possess and apply such
insecticides.
(4) Except as
otherwise provided by law, no person shall apply micro-encapsulated
insecticides formulated or labeled for agricultural use to the lands of another
unless they possess a commercial applicator's license and a valid permit to
possess and apply such insecticides.
(5) Any person desiring a permit to possess
and apply micro-encapsulated insecticides formulated or labeled for
agricultural use must submit on forms approved by the Department a request for
such a permit. Such permit will incorporate the terms and conditions of
issuance. Failure to comply with such terms and conditions will result in
appropriate enforcement action.
(6)
A person holding a valid Pesticide Dealer License is authorized by the terms of
his license to possess micro-encapsulated insecticides formulated or labeled
for agricultural use.
(7)
Violations of this section shall be punished in accordance with Section
46-9-90,
S. C. Code of Laws (1976) as amended.
D. The presence of descriptive phrases with a
legally defined meaning on a pesticide label are enforceable restrictions on
the distribution, sale, storage, and use of the affected product. Descriptions
such as "certified applicator" or "pest control operator," for example, mean
that the product can be distributed to or used by certified applicators only.
(1) It is a violation of this Section to sell
or otherwise distribute products with restrictive label language to persons not
meeting the qualifications specified by the label description.
(2) It is a violation of this Section for
persons not meeting the qualifications specified on the product label to apply
or otherwise use such products.
