Section 02.03.03.400 - PESTICIDE RESTRICTIONS01.Application of Restricted Use Pesticides by Noncertified Applicators. An uncertified applicator may apply restricted use pesticides (RUPs) under on-site supervision by a professional applicator with the required license categories of the application being supervised if: (3-15-22) a. One or both of the following conditions are met: (3-15-22)i. Uncertified applicator completes Applicator Core Competency (CO). (3-15-22)ii. Uncertified applicator has completed EPA approved Worker Protection Standard (WPS) certification for pesticide handler training or equivalent. (3-15-22)b. The uncertified application of any pesticide is prohibited for: (3-15-22)i. Soil or area (space) fumigation; (3-15-22)ii. Aerial application of pesticides. (3-15-22)02.Application of General Use Pesticides by Noncertified Applicators. A Commercial Apprentice applicator may apply general use pesticides (GUPs) under OI, OH, AI, AH, GP, and RW categories with limited supervision by a professional applicator that has the required license categories of the application being supervised if: (3-15-22) a. All of the following conditions are met: (3-15-22) i. The Commercial Apprentice applicator has a valid (CA) license category. (3-15-22)ii. Immediate communication requirements exist between the supervising professional applicator and the Commercial Apprentice applicator. (3-15-22)b. Applications of RUPs, Total Vegetation Control pesticide, or injectables to soil or plants are prohibited under the CA license category. (3-15-22)03.Mixer-Loaders. No person will act as a mixer-loader for a professional applicator without first obtaining annual training. (3-15-22)a. Training will be conducted and certified by the professional applicator who employs the mixer-loader. Certification of training on a form prescribed by the Department must include the signatures of both the mixer-loader and the professional applicator providing the training. (3-15-22)b. Training includes areas relevant to the pesticide mixing and loading operation and instruction on the interpretation of pesticide labels, safety precautions, first aid, compatibility of mixtures, and protection of the environment. (3-15-22)04.Non-Domestic Pesticides Restrictions. (3-15-22)a. Home and Garden Restrictions. The following pesticides are to be registered only when labeled, distributed, sold or held for sale and use other than home and garden use and are not be sold to home and garden users or applied by professional applicators around any home or garden. (3-15-22) i. Bidrin (Foliar applications). (3-15-22)ii. Strychnine (one percent (1%) and above). (3-15-22)iii. Zinc Phosphide (two point one percent (2.1%) and above). (3-15-22)b. Ester Restriction. Low volatile liquid ester formulations of herbicides shall not be applied around any home or garden at any time when ambient air temperature exceeds or is forecasted to exceed eighty (80) degrees Fahrenheit during the day of application. (3-15-22)05.Restrictions to Protect Pollinators. (3-15-22) a. Bee Restrictions. Any pesticide that is toxic to bees shall not be applied to any agricultural crop when such crop is in bloom or when bees are actively foraging on blooming weeds in the crop being sprayed except during the period beginning three (3) hours before sunset until three (3) hours after sunrise. (3-15-22)b. Green Pea Exception. In the counties of Benewah, Bonner, Boundary, Clearwater, Idaho, Kootenai, Latah, Lewis, Nez Perce, and Shoshone: Green (white) pea crops may be sprayed or dusted at any time. (3-15-22)c. Other Exceptions. Pesticides may be applied at any time to sweet corn for processing, hops, potatoes, and beans other than lima beans, subject to all other applicable regulations. (3-15-22)06.Deviations from Pesticide Labels and Labeling. Any licensed professional or private applicator may deviate from pesticide label directions for use only as EPA or state laws, rules, and regulations permit. (3-15-22)07.Wind Velocity Restrictions. No person will apply pesticides in sustained wind speeds that exceed the product label directions. If a pesticide label does not state a specific wind speed limitation, pesticides will not be applied in sustained wind conditions exceeding ten (10) miles per hour. (3-15-22) a. Exceptions. Application of pesticides by injection into application site or by impregnated granules shall be made according to label directions. (3-15-22)b. Approval for Use of Other Application Techniques. Other pesticide application techniques or methods may be approved by the Director or his agent on a case-by-case basis. (3-15-22)c. Chemigation Wind Speed Precautions. Chemicals shall not be applied when wind speed favors drift beyond the area intended for treatment or when chemical label restricts the use of a pesticide for wind speed. (3-15-22)08.Phenoxy Herbicide Restrictions. (3-15-22)a. High Volatile Ester Restrictions. No aircraft pilot will apply high volatile ester formulations of 2,4-D: (3-15-22)i. In Latah, Nez Perce, and Clearwater Counties in Idaho; or (3-15-22)ii. Within five (5) miles of a susceptible crop or hazard area in any other county in Idaho. (3-15-22)iii. Waiver of the restriction is Subsections 400.05.a.i. and 400.05.a.ii. may be issued on a project-by-project basis by the Director. (3-15-22)b. Low Volatile Ester Restrictions. No aircraft pilot will apply low volatile ester formulations of 2,4-D; MCPA and MCPB: (3-15-22) i. In Latah, Nez Perce, and Clearwater Counties in Idaho, unless ambient air temperatures are not above or expected to exceed eighty-five (85) degrees Fahrenheit within twenty-four (24) hours of the expected application time, or (3-15-22)ii. Within one (1) mile of a hazard area in any other county in Idaho. (3-15-22)iii. Waiver of the restriction in Subsection 400.05.b.i. may be issued on a project-by-project basis by the Director. (3-15-22)c. A continuous smoke column or other device satisfactory to the Director will be employed to indicate to the pilot of any aircraft the direction and velocity of the airflow, and indicate a temperature inversion by layering of smoke, at the time and place of application when applying any formulation of 2,4-D; MCPA; MCPB and Dicamba. (3-15-22)09.Pesticide-Fertilizer Mix Restrictions. No person will distribute, sell, offer for sale, or hold for sale any dry pesticide incorporated in a dry blended bulk fertilizer mix. (3-15-22)10.Pesticide Drift Prohibitions. The application of pesticides that results in drift outside of the target area is prohibited. (3-15-22)Idaho Admin. Code r. 02.03.03.400