Section R3-3-301. General

A.      A person shall not use, apply, or instruct another to apply a pesticide in a manner or for a use inconsistent with the pesti- cide labeling except that:

1.        A pesticide may be applied at a dosage, concentration, or frequency less than that specified on the pesticide label- ing unless the labeling specifically prohibits deviation from the specified dosage, concentration, or frequency.

2.        A pesticide may be applied against any target pest not specified on the labeling if the application is to an appli- cation site specified on the pesticide labeling, unless the labeling specifically prohibits use against the pest.

3.        A pesticide may be applied by any method of application not prohibited by the pesticide labeling unless the label- ing specifically states that the pesticide may be applied only by the methods specified on the labeling.

4.        A pesticide may be mixed with a fertilizer if the labeling does not prohibit the mixture.

5.        A pesticide may be used in any manner that is consistent with Sections 5, 18, or 24 of FIFRA.

B.       A person shall not use, apply, or store or instruct another to use, apply, or store a pesticide unless the pesticide is:

1.        Registered with the Department and the EPA, or

2.        Previously registered with the Department and the EPA and cancelled or suspended by the EPA with a current end-use provision in effect.

C.      Subsection (B) does not apply to a:

1.        Pesticide registrant that temporarily stores pesticides pro- duced for shipment out of the state;

2.        Person who has applied for registration or exemption in this state; or

3.        Person who is acting under an experimental use permit on the grounds of a college or university agricultural center or campus, or a company-owned research facility.

D.      A person shall not allow drift that causes any unreasonable adverse effect.

E.       A person shall not cause the direct release of a pesticide and an individual shall not instruct an applicator in a manner to cause the direct release of  a  pesticide causing  any unreasonable adverse effect.

F.       Regulated grower responsibility.

1.        After a pesticide is applied to a field on an agricultural establishment, the regulated grower shall not harvest a crop from the field, or permit livestock to graze in the field in violation of any provision of the pesticide label- ing.

2.        Before a pesticide application, a regulated grower shall ensure that all individuals and livestock subject to the regulated grower’s  control  are outside  the  application site.

G.      Emergency pest control measures. A person acting under a government-sponsored emergency program, shall not apply, cause, or authorize another to apply or cause a pesticide to come into contact with an individual, animal, or property out- side the boundaries of the application site.

H.      If possible when applying pesticides by aircraft, a pilot shall fly crosswind, unless an obstacle does not permit it, and shall begin the application at the downwind side of the field so that the pesticide is dispersed on the return swathe.

I.        A person shall not apply a highly toxic pesticide, other than a pesticide registered by the EPA for ultra low volume applica- tion, in a volume that is less than one gallon per acre in the final spray form. The content of that gallon shall be at least 50 percent water.

J.        A buffer zone may receive direct application or drift of pesti- cides as permitted by law.

Historical Note

Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-301 (Supp. 91-4). Amended by final rulemaking at 10 A.A.R. 276, effective March 6,

2004 (Supp. 04-1).