S.C. Code Regs. § § 27-1075

Current through Register Vol. 48, No. 11, November 22, 2024

Section 27-1075 - Restricted Use Pesticide Classifications

A. The State may adopt the same list of restricted use pesticides and use patterns established by the U. S. Environmental Protection Agency.

B. The pesticides and use patterns restricted in the State are those so classified by the U. S. Environmental Protection Agency or so established at the discretion of the Director after appropriate consultations with the affected parties or their representatives.

C. Micro-encapsulated agricultural insecticides are especially toxic to honeybees and other pollinators. For the purposes of this section, a micro-encapsulated insecticide is any insecticide labeled or formulated for agricultural use, the active ingredient of which is micro-encapsulated in whole or in part. Such insecticides must be classified as Restricted Use and are subject to the following conditions:

(1) Micro-encapsulated insecticides formulated or labeled for agricultural use may be sold, offered for sale, distributed, or transferred only by licensed pesticide dealers.

(2) Micro-encapsulated insecticides formulated or labeled for agricultural use may be sold, distributed, or offered for sale only to persons who possess a current certified applicator's license and a permit to possess and apply such insecticide.

(3) Except as otherwise provided by law, no person shall possess or apply micro-encapsulated insecticides formulated or labeled for agricultural use to their own lands unless they possess a current private applicator's license and a valid permit to possess and apply such insecticides.

(4) Except as otherwise provided by law, no person shall apply micro-encapsulated insecticides formulated or labeled for agricultural use to the lands of another unless they possess a commercial applicator's license and a valid permit to possess and apply such insecticides.

(5) Any person desiring a permit to possess and apply micro-encapsulated insecticides formulated or labeled for agricultural use must submit on forms approved by the Department a request for such a permit. Such permit will incorporate the terms and conditions of issuance. Failure to comply with such terms and conditions will result in appropriate enforcement action.

(6) A person holding a valid Pesticide Dealer License is authorized by the terms of his license to possess micro-encapsulated insecticides formulated or labeled for agricultural use.

(7) Violations of this section shall be punished in accordance with Section 46-9-90, S. C. Code of Laws (1976) as amended.

D. The presence of descriptive phrases with a legally defined meaning on a pesticide label are enforceable restrictions on the distribution, sale, storage, and use of the affected product. Descriptions such as "certified applicator" or "pest control operator," for example, mean that the product can be distributed to or used by certified applicators only.

(1) It is a violation of this Section to sell or otherwise distribute products with restrictive label language to persons not meeting the qualifications specified by the label description.

(2) It is a violation of this Section for persons not meeting the qualifications specified on the product label to apply or otherwise use such products.

S.C. Code Regs. § 27-1075

Amended by State Register Volume 10, Issue No. 5, eff May 23, 1986; State Register Volume 22, Issue No. 6, Part 1, eff June 26, 1998; State Register Volume 29, Issue No. 6, eff June 24, 2005.