Section R3-3-303. Experimental Use

A.      A person supervising application of a pesticide under a federal experimental use permit shall provide the Department with the following information in writing at least five days before application of the experimental use pesticide:

1.        A copy of the EPA-approved experimental use permit, as required by Section 5 of FIFRA;

2.        Name, address, e-mail address, if applicable, and daytime telephone number of the supervising technical individual for the experimental use;

3.        Application site to be treated, the location of the applica- tion site, the quantity of the commodity or the area of land to be treated, and the number of structures, if any;

4.        Total amount of active ingredient to be applied in this state;

5.        Rate of formulation applied per unit of measure;

6.        Method of application;

7.        Time period during which the application will be made; and

8.        Any special experimental use permit condition as deter- mined by the Department or by the EPA.

B.       If any information provided under subsection (A) changes, the person supervising the pesticide application under a federal experimental use permit shall notify the Department at least 24 hours before the application of the experimental use pesticide. If the notification of change is given verbally, the  person supervising the pesticide application under a federal experi- mental use permit shall provide the Department with written confirmation within 15 days after the date of the change.

C.      At least 24 hours before the application, the supervising tech- nical individual shall provide the Department with the follow- ing information:

1.        Name, address, e-mail address, if applicable, and daytime telephone number of the regulated grower and PCA, or the qualifying party if it is a structural pest control appli- cation, that are involved in the application of the experi- mental use pesticide;

2.        County, section, township, range, and field description, if needed, of  the intended  application site, or  the street address if it is a structural pest control application as defined in A.R.S. § 32-2301(20);

3.        Name, address, e-mail address, if applicable, and tele- phone number of the applicator applying the pesticide; and

4.        Date and time of the intended application.

D.      An applicator shall not apply an experimental use pesticide in a manner other than that specified by the experimental use per- mit or other Department-approved labeling that is provided to the applicator. The applicator shall ensure that the labeling is at the application site when the application occurs.

Historical Note

Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-303 (Supp. 91-4). Section repealed; new Section renumbered from R3-3-306 and amended by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1).