209.02.04 Ark. Code R. 009
Current through Register Vol. 49, No. 10, October, 2024
Rule 209.02.04-009 - Revision to Pesticide Classification RegulationsRevise the second paragraph of Section V as follows:
Products with this classification must be used in accordance with the label restrictions and other restrictions, if any, imposed by Plant Board regulations other than this document. Documentation of equipment set-up must be maintained by the commercial applicator on forms provided by the Plant Board and made available to the ASPB upon request. Insecticides that are intended to be applied in low volume, LV or Ultra Low Volume, ULV, and product label guidelines require droplet sizes designated as "fine" or smaller in accordance with the August 1999 issue of the ASAE S572 report entitled Spray Nozzle Classification by Droplet Spectra, shall not be required to comply with the Plant Board's regulations regarding spray droplet size. Said products must comply with the product label.
Revise Paragraph (A)(4) of Section IX as follows:
4. The sale or distribution of products with this classification in containers of more than one (1) quart to any firm or person other than a dealer, custom or private applicator holding a current and valid license or permit is prohibited. Dealer must have a copy of the custom applicator's license on file. Revise Paragraph (C) of Section X to read as follows:
C. No product with this designation may be applied within 1/4 mile of susceptible crops at any time except as otherwise indicated by this regulation. Revise Paragraph (D) of Section X to read as follows:
D. From April 15th through September 15th of each year, the following conditions shall apply: 1. A buffer zone between the field to be treated and susceptible crops (susceptible crops is cotton when applying 2,4-D containing products) of four (4) miles for aerial application and one (1) mile for ground application shall be maintained.2. Applications made within four (4) miles of susceptible crops must be done when the wind is blowing at least two (2) miles per hour away from the susceptible crop.3. Applications may be made within the applicable buffer zones if the owner or supervisor of the sprayed or treated field has obtained a waiver from the producers of all susceptible crops within the buffer zone. The waiver shall be developed by the Plant Board and provided to said producers by the owner or supervisor of the sprayed or treated field. A copy of the waiver must be provided to the applicator who sprays or treats the field. The applicator shall retain the record for a period of three (3) years. When making an application within the applicable buffer zone, at the time of application, the wind must be blowing away from susceptible crops. Revise the first sentence in Paragraph (H) of Section X to read as follows:
Applications of products with this classification shall not be made unless the following condition exists.
Revise Paragraph (H)(2) of Section X to read as follows:
2. For applications made after noon, the temperature at the field of application must not have decreased more than five (5) degrees Fahrenheit from the afternoon high measured at the applicator's air strip or mixing/loading facility. If the applicator has knowledge that the temperature measurement at his/her air stip or mixing/loading facility would not be the same as a reading taken at the same time at the field of application, then all temperature readings must be taken at the field of application.209.02.04 Ark. Code R. 009