Ariz. Admin. Code § 3-3-503

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

Section R3-3-503 - De Minimis Violations

A. Seller violations. It is a de minimis violation if a seller:

1. Fails to record seller and PGP numbers on containers, cartons, and delivery tickets;

2. Fails to register the seller's responsible individual; or

3. Fails to maintain complete records as required under Articles 2 through 4 of this Chapter.

B. PCA violations. It is a de minimis violation if a PCA:

1. Fails to put recommendations in writing as prescribed at R3-3-302(A),

2. Fails to provide complete information required on written recommendations under R3-3-302,

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

4. Fails to obtain CEU credits pertinent to the categories license renewal is sought.

C. Custom applicator violations. It is a de minimis violation if a custom applicator:

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

2. Fails to file reports as required under Articles 3 and 4 of this Chapter.

D. Regulated grower violations. It is a de minimis violation if a regulated grower:

1. Fails to maintain complete records as required under Articles 2 through 4 of this Chapter; or

2. Fails to file reports as required under Article 4 of this Chapter including whether the application includes a pesticide containing an active ingredient that appears on the ADEQ groundwater protection list, and is soil-applied, as defined in A.A.C. R18-6-301.

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

1. Fail to file reports as required under Articles 3 and 4 of this Chapter; or

2. Fail to obtain CEU credits pertinent to the categories that certification renewal is sought.

F. A third de minimis violation in a three-year period is a nonserious violation.

G. Exemptions. The following incidents are not a violation 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 § R3-3-503

Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-503 (Supp. 91-4). Amended 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.