WSR 98-15-026

PERMANENT RULES

DEPARTMENT OF AGRICULTURE

[Filed July 7, 1998, 10:45 a.m.]



Date of Adoption: July 7, 1998.

Purpose: Allow the purchase and use of Strychnine pesticide products by licensed and trained applicators only. Require recordkeeping on sales of product by dealers.

Citation of Existing Rules Affected by this Order: Amending WAC 16-228-155 (1)(g).

Statutory Authority for Adoption: RCW 15.58.040 (2)(h).

Adopted under notice filed as WSR 98-10-069 on May 4, 1998.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 1, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

July 7, 1998

Jim Jesernig

Director

OTS-2199.1

AMENDATORY SECTION (Amending Order 2022, filed 11/30/89, effective 12/31/89)



WAC 16-228-155  Pesticides--Not for distribution to home and garden users. (1) The following pesticides are hereby declared to be restricted use pesticides in the state of Washington because of their toxicity to people and animals and shall not be distributed to home and garden users. The following pesticides shall be registered only when manufactured, labeled, delivered, distributed, sold, or held for sale for use by commercial producers and/or commercial applicators or governmental agencies experienced in the application of pesticides:

(a) DiNitro-O-Sec Butyl Phenol (DNOSBP)

(b) Endothall (20% and above)

(c) Ethion (26% and above)

(d) Guthion (16% and above)

(e) Hydrogen Cyanide (Hydrocyanic acid) (HCN)

(f) Methyl Bromide

(g) Strychnine and its salts (((Strychnine Alkaloid 1.1% and above)))

(2) Pesticide dealers shall keep records on the sale of any of the above listed pesticides. These records shall contain the date of sale, the name and amount of the pesticide sold and the name and address of the purchaser. These records shall be kept on file for a period of seven years and the director shall have access to these records upon request.



[Statutory Authority: Chapters 15.58 and 17.21 RCW. 89-24-029 (Order 2022), 16-228-155, filed 11/30/89, effective 12/31/89; 84-09-011 (Order 1817), 16-228-155, filed 4/10/84; Order 1538, 16-228-155, filed 7/29/77, effective 9/1/77; Order 1470, 16-228-155, filed 5/14/76. Formerly WAC 16-222-145.]

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