W. Va. Code R. § 64-110-24

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 64-110-24 - Pesticides

24.1. The use of a pesticide by a grower/processor in the growing or processing of medical cannabis must be in accordance with the West Virginia Pesticide Control Act (W. Va. Code § 19-16A-1et seq.) and this rule.

24.2. The bureau and the West Virginia Department of Agriculture will cooperate to inspect for and enforce the requirements of this section.

24.3. The following apply regarding recordkeeping requirements for pesticide applications:

24.3.a. The grower/processor shall maintain a record of each application of a pesticide. The record must include the following information:

24.3.a.1. The date of application. For a pesticide requiring a re-entry time, the date of application must include the hour completed;

24.3.a.2. The place of application, including the specific block, section, or immature medical cannabis plants or medical cannabis plants treated;

24.3.a.3. The size of the area treated;

24.3.a.4. The product name of every pesticide used;

24.3.a.5. The United States Environmental Protection Agency product registration number. This requirement is unnecessary for products exempted under section 25 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.A. § 136w);

24.3.a.6. The total amount of every pesticide used in pounds, ounces, gallons, or liters applied to a treated area;

24.3.a.7. The dosage or rate of application of every pesticide used;

24.3.a.8. If applicable, the employee identification numbers of the individuals involved in making the pesticide and the permit or certification numbers of the individuals making or supervising the application; and

24.3.a.9. Copies of pesticide labels and Safety Data Sheets for the pesticides used at the facility.

24.3.b. A record required to be kept under this section must be completed within 24 hours of the completion of the application and maintained for at least four years. A record must be made immediately available to the bureau or its authorized agents and medical personnel or first responders in an emergency. A record must be made available to the bureau upon request.

24.4. For purposes of enforcement, the West Virginia Pesticide Control Act and 61CSR12A, 61CSR12G, and 61CSR12H are incorporated by reference and adopted as standards for use by the bureau in enforcing this section.

24.5. A grower/processor must only use the pesticide active ingredients in Appendix A in the growing and processing of medical cannabis.

24.6. The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise:

24.6.a. "Defoliant" means a substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission.

24.6.b. "Desiccant" means a substance or mixture of substances intended for artificially accelerating the drying of plant tissue.

24.6.c. "Pesticide" means a substance or mixture of substances intended for preventing, destroying, repelling or mitigating a pest, and a substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant.

24.6.d. "Plant regulator" means:

24.6.d.1. A substance or mixture of substances intended, through physiological action, for accelerating or retarding the rate of growth or rate of maturation, or for otherwise altering the behavior of plants or the produce thereof, but may not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, and soil amendments.

24.6.d.2. The term does not include any of the nutrient mixtures or soil amendments commonly known as vitamin-hormone horticultural products, which are intended for improvement, maintenance, survival, health and propagation of plants, and are not for pest destruction and are nontoxic, nonpoisonous in the undiluted packaged concentration.

W. Va. Code R. § 64-110-24