Ariz. Admin. Code § 3-3-212

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

Section R3-3-212 - Experimental Use Permit

A. Definitions

1. "For the purpose of experimentation" means for research or testing purposes, including research or testing performed in order to accumulate information necessary to register under Section 3 of FIFRA and the regulations thereunder a pesticide not currently registered or a registered pesticide for a use not previously approved in the registration of the pesticide.

2. "Research agency" means any organization engaged in research pertaining to the use of pesticides, including for the purpose of experimentation.

3. "Structural pest management application" means a pesticide application covered by A.R.S. §§ 3-3601 et seq.

B. A research agency or educational institution may use a pesticide that is not federally registered or use a federally registered pesticide for a use not previously approved in the registration of the pesticide for the purpose of experimentation:

1. Under a valid experimental use permit issued by the Department, or

2. If the testing will only occur on the grounds of a college or university agricultural center or campus or a research agency owned research facility, then a permit is not required.

C. An applicant for an experimental use permit shall provide the following information to the Department:

1. A copy of the EPA-approved experimental use permit issued according to Section 5 of FIFRA or, for applicants exempt from the requirement of a federal experimental use permit under 40 CFR § 172.3 (59 FR 45611, Sept. 1, 1994, as amended at 71 FR 35546, June 21, 2006; 73 FR 75599, Dec. 12, 2008, https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-172/sub-part-A/section-172.3). This material is incorporated by reference, on file with the Department, and does not include any later amendments or editions;

2. A statement of which federal exemption applies and an affidavit certifying that the experimental use will be in compliance with the applicable exemption;

3. A statement of the purpose for which the experimental use permit will be used;

4. Name, address, e-mail address, and daytime telephone number of the person supervising the experimental use application;

5. Name, address, e-mail address, and daytime telephone number of the PGP and PCA, or the qualifying party if it is a structural pest management application, that are involved in the application of the experimental use pesticide;

6. County, section, township, range, and field description, if needed, of the intended application site, or the street address if it is a structural pest management application;

7. The crop and acreage to be treated, the amount (quantity, weight, volume or other appropriate unit of measure) of the agricultural commodity to be treated, or the number of structures if it is a structural pest management application;

8. Total amount of active ingredient to be applied in this state;

9. Application rate of formulation per acre or other appropriate measure for a structural pest management application;

10. Method of application;

11. Name, address, e-mail address, and telephone number of the applicator applying the pesticide;

12. Time period during which the application will be made; and

13. Any special experimental use permit conditions imposed by the EPA, if applicable.

Ariz. Admin. Code § R3-3-212

Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-212 (Supp. 91-4). Former Section R3-3-212 renumbered to R3-3-211; new R3-3-212made 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.