N.H. Admin. Code § Pes 701.05

Current through Register No. 2, January 9, 2025

Section Pes 701.05 - Prohibited - Limited Use Compounds

These compounds, listed by common chemical name, shall be allowed for sale and use only for the uses listed below:

(a) Avitrol shall only be used by government agencies who have jurisdiction over federally protected birds, and commercial pest control operators for non-protected birds, upon issuance of a special permit. This compound shall not be sold to the general public;

(b) DRC 1339 Starlicide shall only be used by government agencies who have jurisdiction over federally protected birds, and commercial pest control operators for non-protected birds, upon issuance of a special permit. This compound shall not be sold to the general public;

(c) Fenthion shall only be used by government agencies who have jurisdiction over federally protected birds, and commercial pest control operators for non-protected birds, upon issuance of a special permit. This compound shall not be sold to the general public;

(d) Methyl Parathion Encapsulated, or any formulation thereof used in New Hampshire, shall be subject to the following restrictions and conditions:

(1) Those provisions contained on the manufacturer's label;

(2) Regardless of whether bees or other pollinators are known to be visiting areas to be treated, this pesticide shall not be:

a.Applied to any corn crop having 10% or more of its plants with spike anthers;

b.Applied on any field crop, orchard, vineyard or other agricultural crop listed on the manufacturer's label where there exists weeds or other non-target plants having an average of 5 or more blooms per square yard; or

c.Allowed to drift to any non-target areas where weeds or other non-target plants having an average of 5 or more blooms per square yard exist; and

(3) Use of this pesticide shall be by special permit only as follows:

a.Only applicators certified under RSA 430:33 may apply for a special permit under this subparagraph;

b.Individuals seeking special permits to use Methyl Parathion shall include the following information on application forms provided by the division:

1.Name and address of applicant;

2.Crops to be treated;

3.Location of application;

4.Maximum number of applications;

5.Target pests;

6.Approximate date of application; and

7.Method of notification of apiary owners;

c.Special permit applications under this subparagraph shall be submitted at least 20 days prior to the intended treatment date;

d.The division shall grant a special permit within 10 days of receipt of such application if the following are true:

1.The applicant has provided the information required in b. above;

2.The applicant has complied with a. and c. above;

3.The pesticide can be used without causing adverse effects on non-target organisms; and

4.The proposed use is in compliance with (d)(2) above; and

e.An applicator issued a special permit under this paragraph shall notify all beekeepers registered under Agr 1805.01, who indicated through registration they may have apiaries located within 2 miles of the area to be treated, at least 48 hours prior to each application;

(e) Ornitrol shall only be used by government agencies who have jurisdiction over federally protected birds, and commercial pest control operators for non-protected birds, upon issuance of a special permit. This compound shall not be sold to the general public;

(f) Sodium Arsenite, and any formulation thereof, shall be used by special permit only pursuant to Pes 505.05(b)(c) and (d);

(g) Sodium Fluoroacetate, compound 1080, shall be used by a licensed pest control applicator, upon consultation with the department of health and human services; and

(h) Tergitrol shall be used only by government agencies who have jurisdiction over federally protected birds, and commercial pest control operators for non-protected birds, upon issuance of a special permit. This compound shall not be sold to the general public.

N.H. Admin. Code § Pes 701.05

#150, eff 1-9-74; amd by #741, eff 1-18-76; amd by #823, eff 7-18-76; amd by #2002, eff 4-19-82; ss by #2209, eff 12-13-82; amd by #2388, eff. 6-16-83; ss by #2781, eff 7-26-84; amd by #4505, eff 10-13-88; ss by #4867, eff 7-19-90; ss by #5393, eff 5-12-92; amd by #5590, eff 2-25-93; amd by #6160, eff 1-3-96; ss by #6316, eff 8-13-96; ss by #6455, eff 2-19-97; ss by #7987, eff 1-3-04, EXPIRED: 1-3-12

New. #10489, INTERIM, eff 12-17-13, EXPIRES: 6-16-14

Amended byVolume XXXV Number 01, Filed January 8, 2015, Proposed by #10712, Effective 11/5/2014, Expires11/5/2024.