Ariz. Admin. Code § 3-3-502

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

Section R3-3-502 - Nonserious Violations

A. General violations. The following is a nonexclusive list of acts that are nonserious violations if the violation has a direct or immediate relationship to safety, health, or property damage, but does not constitute a de minimis violation or a serious violation, unless the violator did not, and could not with the exercise of reasonable diligence, know of such safety, health, or property damage risk in which case the violation is de minimis. A person shall not:

1. Improperly store, dump, or leave unattended any pesticide, pesticide container or part of a pesticide container, or service container.

2. Make a false statement or misrepresentation in an application for a permit, license, or certification, or a permit, license, or certification renewal.

3. Falsify any records or reports required to be made under Articles 2 through 4 of this Chapter.

4. Operate an aircraft, drone, or ground equipment in a faulty, careless, or negligent manner during the application of a pesticide.

5. Apply or instruct another to apply a pesticide so that it comes into contact with:

a. An individual;

b. An animal; or

c. Property, other than the application site being treated.

6. Use, apply, or instruct another to apply a pesticide in a manner or for a use inconsistent with its pesticide label or labeling except as provided by R3-3-301(A).

7. Unless being used under an approved EUP or being used on research facility, use, sell, apply, store, or instruct another to use, sell, apply, or store a pesticide:

a. That is not registered with the Department and the EPA, or

b. Outside the EPA authorized end-use provision if previously registered with the Department and the EPA and cancelled or suspended by the EPA.

8. Fail to provide accurate or approved labeling when registering a pesticide.

9. Using a restricted use pesticide without proper certification, or under the direct supervision of a properly certified applicator, when allowed.

B. Seller violations. A seller shall not:

1. Sell pesticides without a valid seller's permit issued by the Department according to R3-3-203;

2. Provide a restricted use pesticide to a regulated grower or applicator who does not have a valid applicator certification;

3. Fail to maintain records required under Articles 2 through 4 of this Chapter;

4. Fail to maintain complete sales records of restricted use pesticides required under Articles 3 and 4 of this Chapter;

5. Adulterate a pesticide;

6. Make false or misleading claims about a pesticide to any person;

7. Modify a label or labeling without proper authorization;

8. Provide a pesticide to a person not authorized according to R3-3-306; or

9. Provide an agricultural use pesticide to a person who does not have a valid PGP.

C. PCA violations. A PCA shall not:

1. Act as a PCA without a valid agricultural pest control advisor license issued by the Department according to R3-3-207,

2. Make a false or fraudulent statement in any written recommendation about the use of a pesticide,

3. Make a recommendation regarding the use of a pesticide in a specific category in which the individual is not licensed, or

4. Make a written recommendation for the use of a pesticide in a manner inconsistent with its pesticide label or the exceptions as provided in R3-3-301(A).

D. Agricultural aircraft pilot and drone pilot violations. A pilot or drone pilot shall not apply a pesticide by aircraft or drone without a valid agricultural aircraft pilot license or drone pilot license, as applicable, issued by the Department according to A.A.C. R3-3-204.

E. Custom applicator violations. A custom applicator shall not:

1. Allow application equipment to be operated in a careless or reckless manner during the application of a pesticide,

2. Make a custom application without a valid custom applicator's license issued by the Department according to R3-3-205,

3. Make a custom application of a restricted use pesticide without supervision by a person with a valid commercial applicator certification issued by the Department according to R3-3-208,

4. Allow an aircraft or drone to be operated during the application of a pesticide by an individual who does not have a valid agricultural aircraft pilot license (APL) or drone pilot license (DPL), as applicable, issued by the Department according to R3-3-204, or

5. Apply a pesticide without a written Form 1080 as prescribed in R3-3-302(A).

F. Regulated grower violations. A regulated grower shall not:

1. Purchase, apply, or use an agricultural use pesticide without a valid Pesticide Grower Permit (PSP) issued by the Department according to R3-3-201;

2. Purchase, store, or apply a restricted use pesticide without being a certified applicator in the appropriate category;

3. Purchase, store, or apply any restricted use pesticide on a golf course without being a golf applicator; or

4. Allow a pesticide application on a golf course without having the proper protective equipment required by the label available to the applicator.

G. Certified applicator violations. A certified applicator shall not:

1. Allow the unsupervised application of a restricted use pesticide,

2. Fail to maintain complete records required under Articles 2 through 4 of this Chapter, or

3. Use a restricted use pesticide without a valid commercial applicator, private applicator, or golf applicator restricted use pesticide certification issued by the Department according to R3-3-208.

4. Use a restricted use pesticide without restricted use pesticide certification in the proper category.

H. Exemptions. The following incidents are not pesticide use violations under this Section:

1. Exposure of an individual involved in the application who is wearing proper protective clothing and equipment;

2. Exposure of an unknown trespassing individual, animal, or property that the applicator, working in a prudent manner, could not anticipate being at the application site; or

3. Exposure of a person, animal, or property if the application is made according to a government-sponsored emergency program.

Ariz. Admin. Code § R3-3-502

Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-502 (Supp. 91-4). Amended by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1). Amended by exempt rulemaking at 19 A.A.R. 3130, effective September 16, 2013. Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.