Section 02.03.03.400 - PESTICIDE RESTRICTIONS01.Application of Restricted Use Pesticides by Noncertified Applicators. A noncertified applicator may apply restricted use pesticides (RUPs) under on-site supervision by a professional applicator with the required license categories of the application being supervised if: a. Noncertified applicator has completed the following training within twelve (12) months prior to application: i. EPA approved Worker Protection Standard (WPS) certification for pesticide handler training or equivalent.ii. The safe operation of any equipment they will use for mixing, loading, transferring, or applying pesticides.b. The noncertified application of any pesticide is prohibited for:i. Soil or non-soil fumigation;iii. Professional applications conducted by a person under eighteen (18) years of age.c. Maintain noncertified applicator training records for three (3) years, ready to be inspected, duplicated, or submitted when requested by the Director. Such records shall contain: i. Noncertified applicator's printed name and signature.iii. Full name of the person who provided the training.iv. Trainer's qualification to conduct training.v. Title or a description of the training provided.vi. If the noncertified applicator is a licensed applicator who is not certified to perform the type of application being conducted while under on-site supervision by a professional applicator, the record must include all of the following information:(1) Noncertified applicator's name.(2) Noncertified applicator's license number.(3) Expiration date of the noncertified applicator's license.(4) Certifying authority that issued the license.d. Requirements for supervisors of noncertified applicators of RUPs under on-site supervision. A certified applicator must ensure that all the following requirements are met before allowing a noncertified applicator to use a restricted use pesticide under their on-site supervision: i. The noncertified applicator must have access to the applicable product labeling at all times during its use.ii. Where the labeling of pesticide product requires that personal protective equipment be worn for mixing, loading, application, or any other use activities, the noncertified application has been provided clean, label required personal protective equipment in proper operating condition and the personal protective equipment is used correctly.iii. The certified applicator must provide to each noncertified applicator before use of a restricted use pesticide instructions specific to the site and pesticide used. These instructions must include labeling directions, precautions, and requirements applicable to the specific use and site, and how the characteristics of the use site and the conditions of application might increase or decrease the risk of adverse effects.iv. The certified applicator must ensure that before each day of use equipment used for mixing, loading, transferring, or applying pesticides is in proper operating condition as intended by the manufacturer, and can be used without risk of reasonably foreseeable adverse effects to the noncertified applicator, other persons, or the environment.v. The certified applicator must ensure that a means to immediately communicate with the certified applicator is available to each noncertified applicator using restricted use pesticides under their direct supervision.vi. The certified applicator must be physically present at the site of the use being supervised.vii. The certified applicator must create or verify the existence of the records required by Subsection 400.01.c. of this rule.02.Application of General Use Pesticides by Noncertified Applicators. A Professional Commercial Apprentice applicator may apply general use pesticides (GUPs) under CP, OP, AC, IP, and RW categories with limited supervision by a professional applicator that has the required license categories of the application being supervised if: a. All of the following conditions are met: i. The Professional Commercial Apprentice applicator has a valid license.ii. Immediate communication requirements exist between the supervising professional applicator and the Professional Commercial Apprentice applicator.b. Applications of RUPs are prohibited under the Professional Commercial Apprentice license.03.Mixer-Loaders. No person will act as a mixer-loader for a professional applicator without first obtaining annual training.a. Training will be conducted and certified by the professional applicator who employs the mixer-loader. Training recordkeeping requirements for mixer-loaders shall be the same as for noncertified applicators of restricted use pesticides under on-site supervision (see Subsection 400.01.c. of this rule.)b. Training requirements shall be the same as for noncertified applicators of restricted use pesticides under on-site supervision (see Subsection 400.01a. of this rule.)04.Non-Domestic Pesticides Restrictions.a. Home and Garden Restrictions. The following pesticides are to be registered only when labeled, distributed, sold or held for sale and use other than home and garden use and are not be sold to home and garden users or applied by professional applicators around any home or garden.i. Bidrin (Foliar applications).ii. Strychnine (one percent (1%) and above).iii. Zinc Phosphide (two point one percent (2.1%) and above).b. Ester Restriction. Low volatile liquid ester formulations of herbicides shall not be applied around any home or garden at any time when ambient air temperature exceeds or is forecasted to exceed eighty (80) degrees Fahrenheit during the day of application.05.Restrictions to Protect Pollinators.a. Bee Restrictions. Any pesticide that is toxic to bees shall not be applied to any agricultural crop when such crop is in bloom or when bees are actively foraging on blooming weeds in the crop being sprayed except during the period beginning three (3) hours before sunset until three (3) hours after sunrise.b. Green Pea Exception. In the counties of Benewah, Bonner, Boundary, Clearwater, Idaho, Kootenai, Latah, Lewis, Nez Perce, and Shoshone: Green (white) pea crops may be sprayed or dusted at any time.c. Other Exceptions. Pesticides may be applied at any time to sweet corn for processing, hops, potatoes, and beans other than lima beans, subject to all other applicable regulations.06.Deviations from Pesticide Labels and Labeling. Any licensed professional or private applicator may deviate from pesticide label directions for use only as EPA or state laws, rules, and regulations permit.07.Wind Velocity Restrictions. No person will apply pesticides in sustained wind speeds that exceed the product label directions. If a pesticide label does not state a specific wind speed limitation, pesticides will not be applied in sustained wind conditions exceeding ten (10) miles per hour.a. Exceptions. Application of pesticides by injection into application site or by impregnated granules shall be made according to label directions.b. Approval for Use of Other Application Techniques. Other pesticide application techniques or methods may be approved by the Director or his agent on a case-by-case basis.c. Chemigation Wind Speed Precautions. Chemicals shall not be applied when wind speed favors drift beyond the area intended for treatment or when chemical label restricts the use of a pesticide for wind speed.08.Phenoxy Herbicide Restrictions. a. High Volatile Ester Restrictions. No aircraft pilot will apply high volatile ester formulations of 2,4-D: i. In Latah, Nez Perce, and Clearwater Counties in Idaho; orii. Within five (5) miles of a susceptible crop or hazard area in any other county in Idaho.iii. Waiver of the restriction in Subsections 400.08.a.i. and 400.08.a.ii. may be issued on a project-by-project basis by the Director.b. Low Volatile Ester Restrictions. No aircraft pilot will apply low volatile ester formulations of 2,4-D; MCPA and MCPB:i. In Latah, Nez Perce, and Clearwater Counties in Idaho, unless ambient air temperatures are not above or expected to exceed eighty-five (85) degrees Fahrenheit within twenty-four (24) hours of the expected application time, orii. Within one (1) mile of a hazard area in any other county in Idaho.iii. Waiver of the restriction in Subsection 400.08.b.i. may be issued on a project-by-project basis by the Director.c. A continuous smoke column or other device satisfactory to the Director will be employed to indicate to the pilot of any aircraft the direction and velocity of the airflow, and indicate a temperature inversion by layering of smoke, at the time and place of application when applying any formulation of 2,4-D; MCPA; MCPB and Dicamba.09.Pesticide-Fertilizer Mix Restrictions. No person will distribute, sell, offer for sale, or hold for sale any dry pesticide incorporated in a dry blended bulk fertilizer mix.10.Pesticide Drift Prohibitions. The application of pesticides that results in drift outside of the target area is prohibited.Idaho Admin. Code r. 02.03.03.400
Effective July 1, 2024 (Temporary)