Ariz. Admin. Code § 3-3-306

Current through Register Vol. 30, No. 45, November 8, 2024

Section R3-3-306 - Receipt of Restricted Use Pesticides by Noncertified Persons

A. A person shall not sell, offer for sale, deliver, or offer for delivery a restricted use pesticide to another 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 certified 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 certified applicator who will be applying or supervising application of the restricted use pesticide and:

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

b. A copy of a signed contract or agreement, authorizing 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 certified applicator (partner, employee, co-worker, or immediate family);

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

i. EPA registration number;

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

iii. 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 full name, signature, work address, work phone number, certification number, and certification categories.

C. A seller shall request proof of identification from any noncertified 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 pesticide on behalf of a certified applicator shall sign all sale documents 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 statement, 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.

Ariz. Admin. Code § R3-3-306

Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-306 (Supp. 91-4). Former Section R3-3-306 renumbered to R3-3-303; new R3-3-306 renumbered from R3-3-310and 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.