250 R.I. Code R. 250-RICR-40-15-2.5

Current through December 26, 2024

Section 250-RICR-40-15-2.5 - "Restricted Use" and "State Limited Use" Pesticides

A. "Restricted Use" Pesticides - Any pesticide which is classified as "restricted use" by the administrator of EPA under 7 U.S.C. § 136a(d)(1), or as a "state-limited use" pesticide under the R.I. Gen. Laws § 23-25-9 of the Rhode Island Pesticide Control Act. A listing of such "restricted use" pesticides shall be maintained with the Division of Agriculture.

B. "State Limited Use" Pesticides - In accordance with R.I. Gen. Laws § 23-25-9 of the Rhode Island Pest Control Act, the pesticides contained herein are classified as "state limited use". As such, the following restrictions and/or conditions of use shall apply:

1. Effective January 31, 1987, all uses, distribution and sale of pesticide products containing Chlordane have been canceled and banned:

a. Products containing Chlordane shall not be distributed or used in the State of Rhode Island.

b. Products containing Chlordane shall not be distributed or offered for sale by any person, dealer, store, or company in the State of Rhode Island.

2. The registration of products containing Alar (daminozide) shall be subject to the requirements "state limited use" effective May 15, 1986.

3. Effective September 1, 2006, the following pesticides shall be classified as "state limited use" pesticides in the State of Rhode Island due to their potential as ground water contaminants:

a. Acetochlor {2-chloro-N-ethoxymethyl-6'-ethylacet-o-toluidide, 2-chlolo-N-(ethoxymethyl)-N-(2-ethyl-6- methylphenyl) acetamide, or related compounds.}

b. Alachlor {2-Chloro-2,6'-diethyl-N-(methoxymethyl)- acetanilide or related compounds}

c. Cyanazine {2-[[4-chloro-6-(ethylamino)1,3,5-triazin-2-yl]amino]-2-methylpropionitrile or related compounds}

d. Metolachlor {2-chloro-N-(2-ethyl-6-methylphenyl)-N-(2-methoxy-1-methylethyl) acetamide or related compounds}

e. Simazine {2-Chloro-4,6-bis(ethlamino)-s-triazine or related compounds}

f. Dacthal DCPA (dimethyl tetrachloroterephthalate).

4. All applicators must report annually applications of pesticides containing wholly or in part any of the chemicals listed in § 2.5(B)(3) of this Part. At a minimum the following information must be reported:

a. The brand name or trade name of the pesticide;

b. The EPA registration number of the pesticide;

c. The total amount of pesticide applied;

d. The purpose for which the pesticide was applied; including the target pest(s) and the exact location where the pesticide was applied on the property.

e. The name and address of the place of application;

f. The specific field or land area of the application, if different from § 2.5(B)(4)(e) of this Part;

g. If applied to a food crop, the crop to which the application was made; and

h. And the month, day, and year of the application.

5. Pesticides listed in § 2.5(B)(3) of this Part must be applied in accordance with its EPA approved label and the Pesticide State Management Plan, if the Department has developed such a plan. A copy of such plans shall be available for review upon request at the Department's Bureau of Natural Resource, Agriculture and Resource Marketing. If a plan is not required, then the pesticide must be applied in accordance with its approved EPA label.

250 R.I. Code R. 250-RICR-40-15-2.5