Section R3-3-306. Receipt of Restricted Use Pesticides by Noncerti- fied Persons

A.      A person shall not sell, offer for sale, deliver, or offer for deliv- ery a restricted use pesticide to a person other than a certified applicator without having first obtained written documentation from a certified applicator or a noncertified recipient that the material is to be applied by or under the supervision of a certi- fied applicator.

B.       The seller shall obtain one of the following types of written documentation to satisfy the requirement in subsection (A):

1.        A photocopy or fax of the certificate issued to the certi- fied applicator who will be applying or supervising appli- cation of the restricted use pesticide and:

a.         A statement signed by the certified applicator, authorizing and identifying the noncertified individ- ual to purchase or receive the restricted use pesticide for the certified applicator; or

b.        A copy of a signed contract or agreement, authoriz- ing and identifying the noncertified person to receive the restricted use pesticide for the certified applicator; or

2.        A form on file with the seller that contains the following information:

a.         Name of any individual authorized to receive the restricted use pesticides for the certified applicator;

b.        Relationship of an authorized individual to the certi- fied applicator (partner, employee, co-worker, or family member);

c.         List of the restricted use pesticides an authorized individual is allowed to receive, specifying the:

i.         Trade name; and

ii.        EPA registration number; or

iii.      State  special  local  need  registration   number issued by the Department; or

iv.       Emergency exemption number, issued by the EPA under Section 18 of FIFRA, if applicable;

d.        Signature of the authorized individual and the date signed; and

e.         Certified applicator’s signature, work address, work phone number, certification number, and certifica- tion categories (private fumigation or commercial and one or more of the following: agricultural pest, seed-treatment, right-of-way, forestry, aquatic, regu- latory, or public health).

C.      A seller shall request proof of identification from any noncerti- fied individual accepting restricted use pesticides on behalf of a certified applicator if the individual is unknown to the seller.

D.      A noncertified individual who receives a restricted use pesti- cide on behalf of a certified applicator shall sign all sale docu- ments for restricted use pesticides.

E.       If, at the time of the sale of the restricted use pesticide, the noncertified individual receiving the pesticide satisfies the requirements of subsection (B) by presenting a signed state- ment, contract, or agreement, the seller shall maintain on file a copy of the signed statement, contract, or agreement.

F.       The seller shall retain records of all sales or deliveries made and maintain the documents required by this Section for at least two years from the date of sale.

Historical Note

Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-306 (Supp. 91-4). Former Sec- tion R3-3-306 renumbered to R3-3-303; new R3-3-306 renumbered from R3-3-310 and amended by final rulemaking at 10 A.A.R. 276, effective March 6, 2004

(Supp. 04-1).