Ala. Admin. Code r. 80-1-13-.11

Current through Register Vol. 43, No. 1, October 31, 2024

Section 80-1-13-.11 - Denial, Suspension, Revocation, Or Modification Of Restricted Use Pesticide Use Permits

(1) The Commissioner may deny the initial issuance or renewal of a Private Pesticide Applicator Permit or a Commercial Pesticide Applicator Permit when it is evident that an applicant for such permit has:

(a) Failed to meet the competency standards required for issuance of a permit as provided in Rules 80-1-13-.08 and 80-1-13-.09 of this Chapter,

(b) Caused injury to man and/or the environment by misuse of a pesticide,

(c) Failed or refuses to keep true and accurate records of pesticide application as required by Rule 80-1-13-.14 of this Chapter (private applicators shall not be required to keep records of pesticide application unless required by the labeling of a pesticide),

(d) Violated provisions of the Alabama Pesticide Law or any regulations thereof or Federal Insecticide Fungicide and Rodenticide Act, as amended,

(e) Used any pesticide in a manner inconsistent with its labeling; and all other written, printed or graphic matter accompanying the pesticide or device at any time; or to which reference is made on the label or in literature accompanying the pesticide or device, except to current official publications of the Environmental Protection Agency, the United States Departments of Agriculture and Interior, the Department of Health, Education and Welfare, state experiment stations, state agricultural colleges, and other similar federal or state institutions or agencies authorized by law to conduct research in the field of pesticides,

(f) Failed or refuses to comply with the permit requirements of these regulations including renewal requirements.

(2) The Commissioner may suspend, revoke, or as may be necessary for protection of man and the environment, modify any permit issued under these regulations when it is evident that the permit holder has:

(a) Caused injury to man and the environment by misuse of a pesticide;

(b) Failed or refuses to keep true and accurate records of pesticide application as required by this Chapter, (private applicators shall not be required to keep records of pesticide application unless required by the labeling of a pesticide);

(c) Violated provisions of Code of Ala. 1975, Chapter 27 of Title 2, these rules, or the Federal Insecticide, Fungicide and Rodenticide Act, as amended;

(d) Used any pesticide in a manner inconsistent with its labeling; and all other written, printed, or graphic matter accompanying the pesticide or device at any time; or, to which reference is made on the label or in literature accompanying the pesticide or device, except to current official publications of the Environmental Protection Agency, the United States Departments of Agriculture and Interior, the Department of Health, Education and Welfare, state experiment stations, state agricultural colleges and other similar federal or state institutions or agencies authorized by law to conduct research in the field of pesticides.

(e) Failed or refuses to comply with the permit requirements of these rules including renewal requirements.

Author: Charles H. Barnes

Ala. Admin. Code r. 80-1-13-.11

Filed April 19, 1982.

Statutory Authority:Code of Ala. 1975, §§ 2-27-8, 2-27-57.