Ariz. Admin. Code § 3-3-301

Current through Register Vol. 30, No. 50, December 13, 2024

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 pesticide labeling except that:

1. A pesticide may be applied at a dosage, concentration, or frequency less than that specified on the pesticide labeling 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 application 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 labeling 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,

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

3. Registered with the Department for FIFRA 25(b) products.

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

1. Pesticide registrant that temporarily stores pesticides produced for shipment out of the state;

2. Person who uses a pesticide in Arizona under an Arizona issued experimental use permit; or

3. Person who is using a pesticide for experimental purposes on the grounds of a college or university agricultural center or campus, or a company-owned research facility.

D. A person shall not sell, offer for sale, barter or otherwise supply any pesticide:

1. That has been altered, diluted, or mixed;

2. That has been repackaged at an establishment not registered with the EPA; or

3. Is not registered with the Department according to Article 7 of this Chapter.

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

F. 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.

G. Regulated grower responsibility.

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

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.

H. 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 outside the boundaries of the application site.

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

J. A person shall not apply a highly toxic pesticide, other than a pesticide registered by the EPA for ultra-low volume application, 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.

K. A buffer zone may receive direct application or drift of pesticides as permitted by law.

L. Requirements for Direct Supervision of Noncertified Applicators by Certified Applicators. Supervision of noncertified applicators shall be as prescribed in 40 CFR § 171.201 (39 FR 36449, Oct. 9, 1974, as amended by FR 1040, January 4, 2018, https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171/subpart-C/section-171.201). This material is incorporated by reference, on file with the Department, and does not include any later amendments or editions.

Ariz. Admin. Code § R3-3-301

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). Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.