Ariz. Admin. Code § 3-8-301

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

Section R3-8-301 - Using Pesticides and Devices

A. An applicator shall use only a pesticide that is currently registered 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 misuse 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 pesticide without wearing clothing and using the personal protective 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 per-son, 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 applicator;

4. Uses a pesticide in a food-handling establishment that is not labeled for foodhandling 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 protect 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 terminates 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 auxiliary 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 designated 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 organisms. If a pesticide spill may endanger humans, an applicator shall clean the pesticide spill in accordance with recommendations 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 applicator'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 management service is not available on the pesticide label or labeling or addressed in the PMD's statutes or this Chapter, an applicator shall comply with the pesticide manufacturer's recommendation and the general industry practice prevailing in the community at the time the pest management service is provided.

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

Ariz. Admin. Code § R3-8-301

Adopted by exempt rulemaking at 23 A.A.R. 1949, effective 8/9/2017. Amended by final rulemaking at 29 A.A.R. 757, effective 3/10/2023.