Date of Adoption: February 11, 2003.
Purpose: The purpose is to adopt rules exempting pesticide products labeled only for home and garden use for the control of mosquito larvae from being declared "state restricted use" pesticides.
Citation of Existing Rules Affected by this Order: Amending WAC 16-228-1231.
Statutory Authority for Adoption: RCW 15.58.040 and chapter 34.05 RCW.
Adopted under notice filed as WSR 03-02-099 on January 2, 2003.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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:
Pilot Rule Making:
or Other Alternative Rule Making:
Effective Date of Rule: Thirty-one days after filing.
February 11, 2003
AMENDATORY SECTION(Amending WSR 02-04-041, filed 1/29/02, effective 3/1/02)
WAC 16-228-1231 State restricted use pesticides for distribution by licensed pesticide dealers and for use by certified applicators only. (1) Pesticides defined by the following categories or active ingredients are hereby declared state restricted use pesticides and shall be distributed only by licensed pesticide dealers to certified applicators or to their duly authorized agents. The certified applicator must have a valid certification, license or permit to use or purchase the kind and quantity of such pesticide sold or delivered. These pesticides shall be used or applied only by certified applicators or persons under the direct supervision of a certified applicator, and only for those uses covered by the certified applicator's license category.
(a) Any EPA restricted use pesticide.
(b) 2, 4-D - all dry formulations and all liquid amine or salt formulations distributed in quantities larger than one gallon, that are used in counties located east of the crest of the Cascade Mountains.
(c) Strychnine and its salts
(d) Aquatic pesticides. All pesticides formulations labeled for application onto or into water to control pests on or in water.
(e) Pesticides containing the following active ingredients and their isomers are hereby declared state restricted use pesticides for the protection of groundwater.
(2) Pesticides which are not classified as EPA restricted use pesticides and which are labeled and intended only for the following uses shall be exempt from the requirements of this section:
(a) Swimming pools
(b) Wholly impounded ornamental pools or fountains
(d) Closed plumbing and sewage systems
(e) Enclosed food processing systems
(f) Air conditioners, humidifiers, and cooling towers
(g) Industrial heat exchange, air washing and similar industrial systems
(i) Aquatic environments in states other than Washington
(j) Animal pets
(k) Use within wholly enclosed structures (with floors) or fumigation chambers.
Greenhouses are not considered as wholly enclosed structures for the purposes of this section
(l) Home and garden control of mosquito larvae.
(3) Products listed in subsection (1)(e) of this section and dry formulations of 2, 4-D which are labeled and intended only for Home & Garden use are exempt from the requirements of this section.
(4) Distribution of pesticides bearing combined labeling of uses onto or into water plus non-aquatic general uses, may be made by licensed pesticide dealers to noncertified applicators if the dealer indicates on the sales slip or invoice that the purchaser of the pesticide agrees that it will not be applied into or onto water. If requested by the department, dealers shall furnish record on the sales of pesticides labeled for application onto or into water, whether sold for that use or not. Records shall include the name and address of the purchaser, the complete product name and/or EPA registration number of the pesticide and the amount purchased. Records shall be kept for seven years from the date of distribution.
(5) Licensed pesticide dealers shall keep records of distribution of state restricted use pesticides for a period of seven years from the date of distribution. Records shall be furnished to the director immediately upon request. The records shall contain the following information:
(a) Name and address of certified applicator;
(b) Name of authorized agent (if applicable);
(c) Product name and EPA registration number;
(d) Quantity in pounds or gallons of the pesticide distributed;
(e) Date of distribution;
(f) Certified applicator's license number;
(g) Crop or site to which the pesticide will be applied.
(6) Certified applicators may designate authorized agent(s) for the purpose of purchasing or receiving restricted use pesticides by making previous arrangements with the pesticide dealer, or the authorized agent may provide written authorization by the certified applicator to the dealer at the time of purchase. At the time of purchase by an authorized agent the pesticide dealer shall require the certified applicator's name and license number.
[Statutory Authority: Chapters 15.58 and 34.05 RCW. 02-04-041, § 16-228-1231, filed 1/29/02, effective 3/1/02. Statutory Authority: Chapters 15.58, 17.21 RCW. 00-22-073, § 16-228-1231, filed 10/30/00, effective 11/30/00.]