N.H. Admin. Code § Pes 502.01

Current through Register No. 2, January 9, 2025

Section Pes 502.01 - Use in Accordance with Labeling Instructions

Registered pesticides shall be used in strict accordance with manufacturer's current labeling instructions, except in the following instances:

(a) When the application is made in accordance with procedures or rates prescribed by a legally constituted authority where:

(1) The rates or procedures are such that they will serve to reduce the environmental risks associated with a pesticide application without compromising the effectiveness of the pesticide, or improve the efficacy of an application, without imposing any additional risks either to persons or to the environment;

(2) Said procedures or rates are in writing and are in the possession of the applicator at the time of the application; and

(3) The legally constituted authority agrees to make available to the division, on request, any documentation or other evidence that supports their prescribed application procedures or rates;

(b) Experimental work as specified in RSA 430:46, I;

(c) Use of pesticides by private applicators and on agricultural commodities by commercial applicators duly registered under Category A, as defined in Pes 302.01(b), in the following manner:

(1) Applying a pesticide at any dosage, concentration, or frequency less than that specified on the labeling;

(2) Applying a pesticide against any target pest not specified on the labeling if the application is to the crop, animal, or the site specified on the labeling, except when the label states that the pesticide shall be used only against pests specified on the label;

(3) Employing any method of application not prohibited by the label; or

(4) Mixing a pesticide or pesticides with a fertilizer when such mixture is not prohibited by the labeling;

(d) For the control of invasive species as listed within Agr 3802.01 NH Prohibited Invasive Species, New Hampshire restricted invasive species as described within RSA 430:53 IV, Common Reed (Phragmites australis, formerly P. communis), or Purple Loosestrife (Lythrum salicaria), in the following manner:

(1) Applying a pesticide at any dosage, concentration, or frequency less than that specified on the labeling;

(3) Employing any method of application not prohibited by the label; or

(e) Use of pesticides in aquatic environments by commercial applicators duly registered under Category D, as defined in Pes 302.01(e), as follows:

(1) The pesticides are being applied at any dosage, concentration, or frequency less than that specified on the labeling;

(2) The applicant has proposed below-the-label-rate use in a special permit application; and

(3) The said below-label-rate use has been approved under the special permit, pursuant to Pes 600 - Aquatic Application of Pesticides.

N.H. Admin. Code § Pes 502.01

#150, eff 1-9-74, amd by #1058.3, eff 11-22-77; ss by #2209, eff 12-13-82; ss by #2488, eff 9-27-83; ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #6258, eff 5-30-96; ss by #7460, eff 3-15-01; ss by #8131, eff 8-13-04; ss by #9712-B, eff 5-11-10

Ss by #10333, eff 5/10/2013.

Amended by Volume XXXVII Number 10, Filed March 9, 2017, Proposed by #12122, Effective 2/28/2017, Expires 2/28/2027.