Section R4-29-301. Using Pesticides and Devices

A.      An applicator shall use only a pesticide that is currently regis- tered for use by the Department or was registered by the Department and does not have a passed EPA end use date.

B.       An applicator shall not misuse a pesticide or device. It is mis- use of a pesticide or device if an applicator:

1.        Applies, handles, stores, or disposes of a pesticide or device in a manner that is inconsistent with the label or labeling;

2.        Provides a pest management service or handles a pesti- cide without wearing clothing and using the personal pro- tective equipment required by the label or labeling to protect the applicator from pesticide exposure;

3.        Uses a pesticide in a manner that causes the pesticide to come into contact with a person, other than the applicator, animal, or property, other than the property receiving the pest management service, unless the contact results from an accident beyond the reasonable control of the applica- tor;

4.        Uses a pesticide in a food-handling establishment that the label or labeling recommends not be used in a food-han- dling establishment; and

5.        Uses a pesticide in a manner that contaminates food, feed, or drugs or equipment used to prepare or serve food, feed, or drugs.

C.      While mixing a pesticide with water, an applicator shall pro- tect the water supply from back-siphoning of the pesticide

mixture. An applicator shall not add water to a tank in which a pesticide is mixed or from which a pesticide is dispensed by protruding a fill-pipe or hose connection into the tank. An applicator shall ensure that a fill-pipe or hose connection ter- minates at least two inches above the tank fill opening or is equipped with an effective anti-siphoning device.

D.      An applicator shall ensure that all equipment, including auxil- iary equipment such as a hose or metering device, used for mixing or applying a pesticide is in good repair and operating properly.

E.       An applicator shall apply, store, or dispose of a pesticide des- ignated by the EPA as restricted use only if the applicator is certified or working under the immediate supervision of an applicator certified in the category for which the restricted-use pesticide is applicable.

F.       An applicator shall clean a pesticide spill in accordance with the pesticide label and labeling directions and in a manner that minimizes exposure to humans and other non-target organ- isms. If a pesticide spill may endanger humans, an applicator shall clean the pesticide spill in accordance with recommenda- tions by health and medical personnel and local authorities.

G.      An applicator shall apply a pesticide at a rate provided by a Special Local Need registration issued by the Department and the pesticide labeling. The applicator shall have in the applica- tor’s possession at the time of the application both the Special Local Need labeling and the EPA section 3 label and labeling.

H.      If information regarding provision of a particular pest manage- ment service is not available on the pesticide label or labeling or addressed in the OPM’s statutes or this Chapter, an applica- tor shall comply with the pesticide manufacturer’s recommen- dation and the general industry practice prevailing in the community at the time the pest management service is pro- vided.

I.        If there is a conflict between any provision in this Section and labeling instructions, an applicator shall follow the more spe- cific instruction.

Historical Note

Adopted effective December 24, 1992 (Supp. 92-4). Sec- tion repealed by final rulemaking at 13 A.A.R. 528, effec- tive April 7, 2007 (Supp. 07-1). New Section made by final rulemaking at 13 A.A.R. 623, effective April 7, 2007 (Supp. 07-1). Section R4-29-301 renumbered to R4- 29-602; new Section R4-29-301 renumbered from R4-29- 304 and amended by final rulemaking at 19 A.A.R. 2967, effective September 13, 2013 (Supp. 13-3).