WSR 00-17-137

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed August 21, 2000, 3:45 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-03-080.

Title of Rule: General pesticide rules, chapter 16-228 WAC, WAC 16-228-1010, 16-228-1040, 16-228-1150, 16-228-1200, 16-228-1230, 16-228-1270, 16-228-1380, 16-228-1385, 16-228-1540, and 16-228-1580.

Purpose: Regulatory rule review to update regulations and clarify wording and requirements.

Statutory Authority for Adoption: Chapters 15.58, 17.21 RCW.

Statute Being Implemented: Chapters 15.58, 17.21 RCW.

Summary: Modifications to existing rules.

WAC Number Title Initial Proposed Changes Reason
WAC 16-228-1010 Definitions. (1) Add definition of "blossoming."

(2) Add definition of "chemigation."

(3) Add definition of "pollen shedding corn."

Clarify when other rules are applicable.
WAC 16-228-1040 Response time. (1) Add "or alleged violation of Chapters 17.21 or 15.58 RCW or the accompanying rules." Department must initiate an investigation if there is an alleged violation of laws or rules.
WAC 16-228-1150

Dispositions. (1) Add "or notice of correction."

Consistency with regulatory penalties allowed in law.
WAC 16-228-1200 Restrictions on distribution, transportation, storage and disposal. (1) Add "Restrictions," "pesticide," "application" to title.

(2) Change DSHS to DOH, subsection (9).

(3) Add "illegible" to subsection (10).

Title reflects content of rule.

Reflects agency name change.

The intent of the law is to prohibit sale when the label cannot be read.

WAC 16-228-1230

WAC 16-228-1231

State restricted use pesticides. (1) Revised section and combined with aquatic pesticides.

(2) Add "crop or site..." to dealer records.

Consolidate general rules regarding the use of restricted use products and dealer record-keeping requirements.
WAC 16-228-1270 Use of pesticides on small seeded vegetable seed crops. (1) Add "clover" to list (crops grown only for seed). Include clover seed in the list of nonfood, nonfeed crops (when grown for seed) in order to allow state use of certain pesticides.
WAC 16-228-1380 Regulation of application of vertebrate control pesticides. (1) Add "certified" to subsection (3)(c) "The name of the firm and/or certified applicator......."

(2) Modify wording for tamper resistant bait boxes in subsection (3).

Recognize that the certified applicator is responsible.

Clarify that the bait is allowed to be accessible to the target pest.

WAC 16-228-1385 Compounds 1080, etc. (1) Modify wording regarding certified applicators.

(2) Modify wording on placement of bait.

Clarify that a certified applicator is required.

Clarify that the bait is to be inaccessible to humans or domestic animals.

WAC 16-228-1540 Examination requirements. (1) Add "and at other offices as scheduled" to subsection (1). Allow for testing at other offices.
WAC 16-228-1580 Change of exemptions. Delete WAC. Rule contents covered in law.
Chapter 16-228 WAC General pesticide regulations. (1) Change title to "General pesticide rules." Contents are "rules", not "regulations."

Reasons Supporting Proposal: Clarification and update.

Name of Agency Personnel Responsible for Drafting and Implementation: Ann Wick, Olympia, (360) 902-2051; and Enforcement: Cliff Weed, Olympia, (360) 902-2038.

Name of Proponent: Washington State Department of Agriculture.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Modify and update general pesticide regulations for clarity, add consistency with other laws or rules and add needed regulatory authority to existing rules.

Proposal Changes the Following Existing Rules: See Summary above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement was determined not to be required as the economic impact of the rule changes are minor.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Not applicable to the Washington State Department of Agriculture.

Hearing Location: The videoconference hearing will be held at three sites throughout the state simultaneously. LACEY, DIS Interactive Technologies, 710 Sleater-Kinney Road S.E., Suite Q, Lacey, WA 98503, (360) 407-9487; SPOKANE, DIS Interactive Technologies, North 1101 Argonne, Suite 109, Spokane, WA 99201, (509) 921-2371; and YAKIMA, DIS Interactive Technologies, Yesterday's Village, 15 West Yakima Avenue, Suite 220, Yakima, WA 98902, (509) 454-7878; on October 10, 2000, at 7:00 p.m.

Assistance for Persons with Disabilities: Contact Laurie Mauerman by October 2, 2000, TDD (360) 902-1996.

Submit Written Comments to: Laurie Mauerman, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, fax (360) 902-2093, by October 11, 2000.

Date of Intended Adoption: October 24, 2000.

August 18, 2000

Bob Arrington

Assistant Director


Chapter 16-228 WAC

GENERAL PESTICIDE ((REGULATIONS)) RULES


WAC

16-228-1010 Definitions.
16-228-1020 Rights of complainants.
16-228-1030 Rights of person aggrieved.
16-228-1040 Investigative response time.
16-228-1100 Statement of purpose -- Penalty assignment.
16-228-1110 Definitions -- Penalty assignment.
16-228-1120 Calculation of penalty.
16-228-1130 Penalty assignment schedule -- Table A.
16-228-1140 Penalty assignment schedule -- Table B.
16-228-1150 Other dispositions of alleged violations.
16-228-1200 Restrictions on pesticide distribution, transportation, application, storage and disposal.
16-228-1220 Restrictions applying to any person holding, handling, using, or disposing of pesticides and their containers.
((16-228-1230 State restricted use pesticides for use by certified applicators only.))
16-228-1231 State restricted use pesticides for distribution by licensed pesticide dealers and for use by certified applicators only.
((16-228-1240 Aquatic pesticides.))
16-228-1250 Phenoxy herbicide restrictions.
16-228-1260 Tributyltin.
16-228-1270 Use of pesticides on small seeded vegetable seed crops and seed alfalfa.
16-228-1300 Distribution records.
16-228-1320 Applicator requirements.
16-228-1330 Compliance with federal requirements.
16-228-1370 Waste pesticide disposal.
16-228-1380 Regulation of application of vertebrate control pesticides.
16-228-1385 Special restrictions on the use of Compounds 1080, 1081 and phosphorus paste.

General Pesticide ((Regulations)) Rules-Registration

16-228-1400 Pesticide labeling requirements.
16-228-1410 Home and garden products -- Definition.
16-228-1420 Complete pesticide formula.
16-228-1430 Adequate containers.
16-228-1440 Artificial coloring.
16-228-1450 Pesticide-fertilizer registration and labeling.
16-228-1455 Pesticide-fertilizer mix restrictions.
16-228-1460 Experimental use permits.

General Pesticide ((Regulations)) Rules-Licensing

16-228-1500 License denied, revoked or suspended.
16-228-1520 Financial responsibility insurance certificate (FRIC).
16-228-1530 Pesticide licenses -- Renewal dates -- Penalties.
16-228-1540 Examination requirements.
16-228-1550 Apparatus display signs.
16-228-1555 Requirements on placement of commercial applicator apparatus license plates and windshield identification.
16-228-1570 Permits.
((16-228-1580 Change of exemptions.))
16-228-1585 Ground maintenance on an occasional basis -- Exempt from licensing requirements.
16-228-1590 Pesticide dealer and dealer manager licenses.

General Pesticide ((Regulations)) Rules -- Wood Destroying Organisms

16-228-2000 Inspection and reporting criteria for complete wood destroying organism inspections.
16-228-2020 Inspection and report prerequisite to wood destroying organism treatment.
16-228-2030 Limited wood destroying organism inspections.
16-228-2040 Reporting criteria for limited wood destroying organism inspections.

Reviser's note: The typographical errors in the above material occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 99-22-002, filed 10/20/99, effective 11/20/99)

WAC 16-228-1010
Definitions.

The definitions set forth in this section shall apply throughout this chapter, unless the context otherwise requires:

(1) "Agricultural commodity" means any plant, or part of a plant, or animal, or animal product, produced by a person (including farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters, or other comparable persons) primarily for sale, consumption, propagation, or other use by people or animals.

(2) "Agricultural emergency" means a sudden occurrence or set of circumstances which the agricultural employer could not have anticipated and over which the agricultural employer has no control, and which requires entry into a pesticide treated area during a restricted-entry interval, when no alternative practices would prevent or mitigate a substantial economic loss.

(3) "Authorized agent" is any person who is authorized to act on behalf of a certified applicator for the purpose of purchasing pesticides.

(4) "Bait box" for rodenticides is a box constructed of durable metal, wood, plastic, or other treated synthetic material. It shall be designed to hold rodent bait securely, allow rodents to enter and leave, and prevent unauthorized persons and domestic animals from gaining access to the bait. The cover shall be provided with a lock that can be unlocked only by a combination, key, special tool, or forced entry. Fragile materials are unacceptable.

(5) "Bait station" may be any location where baits are placed to allow target pests to gain access to the bait.

(6) "Blossoming plants" means

(a) when there are five or more open blooms per square yard on average in a given field; or

(b) when there are one or more open blooms per tree or vine in an orchard or vineyard; or

(c) when there are five or more open weed blooms per square yard on average for the area being measured for groundcover in orchard or vineyards, fence lines, ditch banks, or field, vineyard or orchard edges: PROVIDED that this definition shall not apply to plants that are not attractive to bees (e.g. lentils, white blossomed peas, second bloom of pears and potatoes). For the purposes of this definition, "bloom" means a flower head, raceme or spike with one or more open flowers.

(((6))) (7) "Bulk fertilizer" is a commercial fertilizer, agricultural mineral, or lime, distributed in nonpackaged form.

(((7))) (8) "Certified applicator" means any individual who is licensed as a commercial pesticide applicator, commercial pesticide operator, public operator, private-commercial applicator, demonstration and research applicator, or certified private applicator, or any other individual who is certified by the director to use or supervise the use of any pesticide which is classified by the EPA as a restricted use pesticide or by the state as restricted to use by certified applicators only.

(9) "Chemigation" means the application of any substance or combination of substances intended as a pesticide, plan or crop protectant or a system maintenance compound applied with irrigation water.

(((8))) (10) A "complainant" is defined as a person who has requested an inspection of an area in which a pesticide violation is believed to have occurred.

(((9))) (11) "Complete wood destroying organism inspection" means (a) an inspection of a structure for the purpose of determining (i) evidence of infestation(s), and (ii) damage, and (iii) conducive conditions; or (b) any wood destroying organism inspection which is conducted as the result of a telephone solicitation by an inspection firm or pest control business, even if the inspection would otherwise fall within the definition of a limited wood destroying organism inspection.

(((10))) (12) "Conducive conditions" means those conditions which may lead to or enhance an infestation of wood destroying organisms.

(((11))) (13) "Controlled disposal site" means any place where solid or liquid waste is disposed: Provided, That the area has been designated as a disposal site for waste materials by the appropriate jurisdictional agency: Provided further, That the site is fenced, barricaded or otherwise enclosed or attended by some person in charge to facilitate control-access of domestic animals, pets, and unauthorized persons.

(((12))) (14) "Department" means the Washington state department of agriculture.

(((13))) (15) "Diluent" means a material, liquid or solid, serving to dilute the pesticide product to field strength for adequate coverage (such as water).

(((14))) (16) "Director" means the director of the department or a duly authorized representative.

(((15))) (17) "Dry pesticide" is any granular, pelleted, dust or wettable powder pesticide.

(((16))) (18) "EPA" means the United States Environmental Protection Agency.

(((17))) (19) "EPA restricted use pesticide" means any pesticide with restricted uses as classified for restricted use by the administrator, EPA.

(((18))) (20) "Fertilizer" as included in this order means any liquid or dry mixed fertilizer, fertilizer material, specialty fertilizer, agricultural mineral, or lime.

(((19))) (21) "FIFRA" means the Federal Insecticide, Fungicide and Rodenticide Act as amended (61 stat. 163, 7 U.S.C. Sec. 136 et seq.).

(((20))) (22) "Floor level" is considered to be the floor upon which people normally walk -- not shelves, ledges, overhead beams, tops of stacked materials, surfaces of equipment, or similar places.

(((21))) (23) "Food service establishment" means any fixed or mobile restaurant; coffee shop; cafeteria; short order cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain; tavern; bar; cocktail lounge; nightclub; roadside stand; industrial-feeding establishment; retail grocery; retail food market; retail meat market; retail bakery; private, public, or nonprofit organization routinely serving food; catering kitchen; commissary or similar place in which food or drink is prepared for sale or for service on the premises or elsewhere; and any other eating or drinking establishment or operation where food is served or provided for the public with or without charge.

(((22))) (24) "Fumigant" means any substance or combination of substances that produce gas, fumes, vapors, or smoke, and is used to kill pests in some kind of enclosure.

(((23))) (25) "Highly toxic pesticide" for the purpose of this chapter, means any pesticide that conforms to the criteria in 40 C.F.R. Sec. 156.10 for toxicity Category I due to oral inhalation or dermal toxicity.

(((24))) (26) "Landscape application" means an application by a certified applicator of any EPA registered pesticide to any exterior landscape plants found around residential property, commercial properties such as apartments or shopping centers, parks, golf courses, schools including nursery schools and licensed day cares, or cemeteries or similar areas. This definition shall not apply to: (a) Applications made by certified private applicators; (b) mosquito abatement, gypsy moth eradication, or similar wide-area pest control program sponsored by governmental entities; and (c) commercial pesticide applicators making structural applications.

(((25))) (27) "Limited wood destroying organism inspection" means the inspection of a structure for purposes of identifying or verifying evidence of an infestation of wood destroying organisms.

(((26))) (28) "Person" is defined as any individual, partnership, association, corporation, or organized group of persons whether or not incorporated.

(((27))) (29) A "person aggrieved" by a violation is defined as a person who has reasonable grounds to believe that he or she has been subjected to harm or an unreasonable risk by such violation.

(30) "Pollen shedding corn" means that stage of growth when ten percent or more of the corn plants in any one quarter portion of the field are showing spike anthers.

(((28))) (31) "Private applicator" means a certified applicator who uses or is in direct supervision of the use of (a) any EPA restricted use pesticide; or (b) any state restricted use pesticide restricted to use only by certified applicators by the director for the purposes of producing any agricultural commodity and for any associated noncrop application on land owned or rented by the private applicator or the applicator's employer or if applied without compensation other than trading of personal services between producers of agricultural commodities on the land of another person.

(((29))) (32) "Private-commercial applicator" means a certified applicator who uses or supervises the use of (a) any EPA restricted use pesticide; or (b) any restricted use pesticide restricted to use only by certified applicators for purposes other than the production of any agricultural commodity on lands owned or rented by the applicator or the applicator's employer.

(((30))) (33) "State restricted use pesticide" means any pesticide determined to be a restricted use pesticide by the director under the authority of chapters 17.21 and 15.58 RCW that are restricted to use only by certified applicators.

(((31))) (34) "Substantial economic loss" means a loss in profitability greater than that which would be expected based on the experience and fluctuations of crop yields in previous years. Only losses caused by the agricultural emergency specific to the affected site and geographic area are considered. The contribution of mismanagement cannot be considered in determining the loss.

(((32))) (35) "Unreasonable adverse effects on the environment" means any unreasonable risk to people or the environment taking into account the economic, social and environmental costs and benefits of the use of any pesticide, or as otherwise determined by the director.

(((33))) (36) "Waste pesticide" is any pesticide formulation which cannot be used according to label directions in Washington state because of cancellation or suspension of its federal or state registration, or deterioration of the product or its label, and any pesticide formulation whose active ingredients are not clearly identifiable because of label deterioration or because the pesticide is not stored in its original container.

(((34))) (37) "Wood destroying organisms" means those organisms including, but not limited to, subterranean termites, dampwood termites, carpenter ants, wood boring beetles of the family anobiidae (deathwatch beetle), and wood decay fungus (rot). Wood destroying organisms shall not include such organisms which occurred prior to the manufacturing or processing of the lumber, e.g., pocket rot.

(((35))) (38) "Wood destroying organism inspection" means the service of inspecting a building for the presence of wood destroying organism pests destructive to its structural components, and/or their damage, and/or conducive conditions. For purposes of these rules a wood destroying organism inspection shall be either a "complete wood destroying organism inspection" or a "limited wood destroying organism inspection."

[Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, 16-228-1010, filed 10/20/99, effective 11/20/99.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending WSR 99-22-022 [99-22-002], filed 10/20/99, effective 11/20/99)

WAC 16-228-1040
Investigative response time.

Upon receipt of a verified report of loss as set forth in RCW 17.21.190 or alleged violation of Chapters 17.21 or 15.58 RCW or the accompanying rules, the department shall initiate an investigation. Investigation of a complaint concerning immediate acute pesticide exposure to humans or animals shall be initiated immediately. Other complaint investigations shall be initiated no later than forty-eight hours after receipt of the verified report of loss.

[Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, 16-228-1040, filed 10/20/99, effective 11/20/99.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
AMENDATORY SECTION(Amending WSR 99-22-002, filed 10/20/99, effective 11/20/99)

WAC 16-228-1150
Other dispositions of alleged violations.

Nothing herein shall prevent the department from:

(1) Choosing not to pursue a case administratively.

(2) Issuing a warning letter or notice of correction in lieu of pursuing administrative action.

(3) Negotiating settlement(s) of cases on such terms and for such reasons as it deems appropriate. Prior violation(s) covered by a prior settlement agreement may be used by the department for the purpose of determining the appropriate penalty for the current alleged violation(s) if not prohibited by the agreement.

[Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, 16-228-1150, filed 10/20/99, effective 11/20/99.]


AMENDATORY SECTION(Amending WSR 99-22-002, filed 10/20/99, effective 11/20/99)

WAC 16-228-1200
Restrictions on pesticide distribution, transportation, application, storage and disposal.

(1) No person shall handle, transport, store, display, apply, dispose of or distribute pesticides in such a manner as to endanger humans and their environment or to endanger food, feed, or any other product that may be transported, stored, displayed, or distributed with such pesticides. Toxicities of pesticides shall be considered in distribution, storage, handling, and merchandising practices.

(2) Highly toxic pesticides shall not be transported in the same compartment of the vehicle or other equipment together with clothes, food, feed, or any other material intended for consumption by humans or animals. Any vehicle or other equipment shall be inspected by the owner or authorized agent for contamination before reuse. In instances where leakage or spillage has occurred, the shipper of the pesticides shall be immediately notified for instructions concerning the best method to be employed for the removal of the contamination. Vehicles or other equipment which have been contaminated shall not be returned to service until the contamination has been removed.

(3) Pesticide containers shall be secured during transit by use of side or end racks, bracing, chocks, tiedowns, or other means to prevent their sliding, falling, tipping, rolling, or falling off the vehicle with normal vehicle acceleration, deceleration, or change in direction.

(4) Valves shall be tightly closed and manhole covers shall be secured on cargo or portable tanks used for transporting pesticides, whether tanks are full or empty.

(5) Portable tanks shall be secured to prevent their sliding, falling, tipping, or rolling with normal vehicle acceleration, deceleration, or change in direction. Ends, sidewalls, or doors of van bodies shall not be relied upon for securement.

(6) Pesticides shall not be delivered to a pesticide consignee unless the consignee or authorized agent is present to accept delivery of the pesticides and signs a delivery slip and the pesticides are secured in a proper storage.

(7) Pesticides shall not be stored and/or displayed over or adjacent to meat or vegetable cases, other human foods, animal feeds, or drugs, or in any manner that may result in contamination of food, feed, or clothing. Pesticides intended for sale or distribution shall only be stored and displayed within an enclosed area of a building or fence and shall not be displayed on sidewalks.

(8) Pesticide dealers shall not sell, offer for sale, or hold for sale highly toxic pesticides in the same department where food for human consumption is displayed or sold. The use of the same "checkstand" or food packaging area is prohibited for the distribution of highly toxic pesticides.

(9) All pesticide incidents involving undesirable impacts on human health shall be reported to the Washington state department of ((social and)) health ((services)).

(10) Pesticides in leaking, broken, corroded, or otherwise damaged containers shall not be displayed, offered for sale, or transported and shall be handled or disposed of in a manner that would not contaminate the environment or cause injury to humans and/or animals. Pesticides with obscured, illegible or damaged labels shall not be displayed or offered for sale.

(11) No person shall distribute or sell any pesticide unless it is in the registrant's or the manufacturer's unbroken, immediate container and there is affixed to the container its registered pesticide label.

(12) A user of a pesticide may distribute a properly labelled pesticide to another user who is legally entitled to use that pesticide without obtaining a pesticide dealer's license if the exclusive purpose of distributing the pesticide is keeping it from becoming a hazardous waste as defined in chapter 70.105 RCW.

(13) The distribution and use of DDT and DDD shall be prohibited in this state except for uses allowed by the Environmental Protection Agency or the Center for Disease Control of the United States Department of Health and Human Services.

[Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, 16-228-1200, filed 10/20/99, effective 11/20/99.]


NEW SECTION
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.

atrazine

bromacil

dcpa

disulfoton

diuron

hexazinone

metolachlor

metribuzin

picloram

prometon

simazine

tebuthiuron

(2) Pesticides which are no 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

(c) Aquariums

(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

(h) Disinfectants

(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.

(3) Products listed in WAC 16-228-1230(e) 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.

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AMENDATORY SECTION(Amending WSR 99-22-002, filed 10/20/99, effective 11/20/99)

WAC 16-228-1270
Use of pesticides on small seeded vegetable seed crops and seed alfalfa.

(1) For purposes of pesticide registration, the following crops, when grown to produce seed specifically for crop reproduction purposes, are considered nonfood and nonfeed sites of pesticide use:


Common Name Synonyms
alfalfa
arugula Mediterranean salad, rucola, roquette, Ghargir
beet
broccoli raab Rapani, Choy Sum, Chinese flowering cabbage
Brussels sprouts
cabbage
carrot
cauliflower
Chinese cabbage Pe-tsai
Chinese kale Chinese broccoli
Chinese mustard Pak Choi (Choy), Bok Choi (Choy) Taisai, celery mustard, spoon cabbage
clover
collard
coriander cilantro
dill
endive
kale bore kale
kohlrabi
leek
lettuce
mustard
onion (bulb)
onion (bunching)
parsley
parsnip
radish (other than daikon)
rape
rutabaga
spinach
spinach mustard
swiss chard spinach beet
turnip

(2) For the seed crops listed in subsection (1) of this section, the following conditions shall be met:

(a) All seed screenings shall be disposed of in such a way that they cannot be distributed or used for food or feed. The seed conditioner shall keep records of screening disposal for three years from the date of disposal and shall furnish the records to the director forthwith upon request. Disposal records shall consist of documentation from a controlled dump site, incinerator, or other equivalent disposal site and shall show the lot numbers, amount of material disposed of, its grower(s), and the date of disposal.

(b) No portion of the seed plant, including but not limited to green chop, hay, pellets, meal, whole seed, cracked seed, roots, bulbs, leaves and seed screenings may be used or distributed for food or feed purposes.

(c) All seed from the crops listed in subsection (1) of this section grown or conditioned in this state shall bear a tag or container label which forbids use of the seed for human consumption or animal feed.

(d) No seed from the crops listed in subsection (1) of this section grown or conditioned in this state may be distributed for human consumption or animal feed.

(3) Violation of any condition listed in subsection (2) of this section is declared to be a violation of chapters 17.21 and 15.58 RCW.

(4) Any seed crop certified under provisions of RCW 15.86.070, the Organic Food Products Act, shall be exempt from the requirements of this section.

[Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, 16-228-1270, filed 10/20/99, effective 11/20/99.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 99-22-002, filed 10/20/99, effective 11/20/99)

WAC 16-228-1380
Regulation of application of vertebrate control pesticides.

Vertebrate control pesticides shall be used only under the following conditions:

(1) Vertebrate control pesticides shall be placed only in locations that are not readily accessible to nonpest animals, children, and unauthorized persons, and in a manner that shall preclude contamination of food, feed, drugs, and other consumer commodities. Exposure of rodenticides baits within buildings shall not be above floor levels.

(2) Baits shall be colored or otherwise formulated so that they will be identifiable from foods common to the establishment in which the bait is placed.

(3) When the use of bait boxes is necessary to ensure that baits are not readily accessible to nonpest animals, children, and unauthorized persons, the bait boxes shall be of sturdy construction and ((designed to accomplish that purpose, and)) tamper resistant. Baits placed in industrial, commercial or other areas that are accessible to the public shall be contained in tamper resistant bait boxes and such bait boxes shall be secured in such a way that nonpest animals, children and unauthorized persons cannot displace or remove the baits out of such bait boxes. Bait boxes shall be labeled clearly with letters on contrasting background showing the following information:

(a) Any information required by the EPA or Washington state registered label for the bait or the concentrate from which it was formulated.

(b) The name of the active ingredient(s).

(c) The name of the firm and/or certified applicator, address, and the telephone number.

(4) Containers used for exposing vertebrate control baits to pests shall be composed of tough, nonabsorbent, corrosion resistant materials and designed so they cannot be readily overturned or carried off by pest animals. Those containers that are used for exposing vertebrate control pesticides outside of bait boxes shall bear a legible warning label with wording not less restrictive than requirements on bait boxes being used as per WAC 16-228-1380(3), (except for the size of lettering). Food containers, such as "meat boats" and "souffle cups" are unacceptable. Containers used for liquid bait exposure shall be water and/or liquid impervious.

(5) All vertebrate control pesticide stocks, when not in use or when unattended, shall be kept in locked storage or locked service vehicles.

(6) All containers used for storing or transporting vertebrate control pesticides shall bear an EPA or department registered label.

(7) Servicemen's kits which contain vertebrate control pesticides shall be handled with extra caution and shall not be left where children or other unauthorized persons or nontarget animals might remove contents.

(8) Upon completion of a baiting operation, all bait boxes, containers, and/or throw bags, if they may become readily accessible to the public, shall be recovered for disposal in an approved manner.

(9) Wherever poisoned carcasses jeopardize public sanitation, or create a health hazard to wildlife, domestic animals, or the public, they shall be recovered and disposed of by burning, burying not less than three feet below the soil surface, or placed in proper waste containers and delivered to an approved disposal site.

(10) Thallium-containing compounds shall not be used for vertebrate control.

[Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, 16-228-1380, filed 10/20/99, effective 11/20/99.]


AMENDATORY SECTION(Amending WSR 99-22-002, filed 10/20/99, effective 11/20/99)

WAC 16-228-1385
Special restrictions on the use of Compounds 1080, 1081 and phosphorus paste.

Compounds 1080 and 1081, and phosphorus paste shall be restricted for use as follows:

(1) No person shall possess or use these pesticides except certified applicators of federal, state, county, or municipal officers or their employees for use in their official duties in pest control; research or chemical laboratories in their respective fields; pest control applicators and operators licensed by the state; and wholesalers or jobbers who distribute, sell, or export these pesticides to the aforementioned persons.

(2) No person shall use these pesticides in occupied structures such as private homes, apartment houses, other human dwellings or food service establishments. Those persons authorized in subsection (1) above shall use these pesticides only in buildings such as grain elevators, seed houses, or warehouses. The portions of these buildings being baited must be under control of the licensee. A controlled building is one that is locked or attended and that is under at least once-a-day surveillance by the licensee, unless authorized as per WAC 16-228-1385(7).

(3) Compounds 1080 and 1081 and phosphorous paste shall be used only by authorized persons who have read and will comply with the "Instructions For Using Sodium Fluoroacetate (Compound 1080)," by the National Research Council and all other labeling of the registrant, and are familiar with hazards of the above compounds.

(4) Compounds 1080 and 1081 and phosphorous paste may be used in warehouses, grain elevators, seed houses and industrial buildings only when warning signs are used which are not less than eight by ten inches with the words "DANGER" -- "FATAL POISON" -- "RODENT BAITS" in red letters not less than one inch in height on a contrasting background and the skull and crossbones, in red, not smaller than the letters. These signs must be conspicuously posted at all entrances to the building and portions of the building under control of the licensee. Below is the suggested format:

DANGER


FATAL POISON - RODENT BAIT


IN THIS AREA


(skull/crossbones) DO NOT TOUCH BAITS (skull/crossbones)


OR DEAD ANIMALS


Name, address, and phone number

of certified applicator


Name of the rodenticide



All authorized personnel in the building must be notified of the baiting; a diagram showing the number of bait stations and the location of each on the premises must be readily available on the property; and a copy of such diagram must be in the possession of the certified applicator or licensee or persons(s) under the direct supervision of a certified applicator who is performing the baiting operation.

(5) No person shall use Compounds 1080 and 1081, or phosphorus paste unless all unused baits are recovered and disposed of appropriately at the end of the baiting operation, and carcasses shall be recovered daily and disposed of as per WAC 16-228-1380(9), unless a permit issued pursuant to WAC 16-228-1385(7) provides alternative requirements.

(6) When placed in burrows, baits should be put far enough into the burrow so that domestic animals cannot reach them readily. Baits applied to dumps should be placed beneath objects, in containers, or into holes so that it is inaccessible to humans or domestic animals. Appropriate warning cards, as per WAC 16-228-1380(4) shall be conspicuously displayed in adequate numbers whenever Compounds 1080 and 1081 or phosphorus baits are used on public property or on private property accessible to the public.

(7) Any authorized person desiring to use these pesticides in any areas other than licensee-controlled buildings, controlled dumps, sanitary sewers or in emergency situations where application sites are controlled and attended, such as waterfronts, shall apply for and obtain a permit from the director prior to applying the pesticide. These permits may be issued by the department if, after an on-site inspection, the department determines that:

(a) Good housekeeping and sanitary procedures are being followed to help control the rodent population;

(b) Rodent populations and conditions are such that an emergency situation exists and less toxic rodenticides and other control measures will not be adequate for the needed rodent control;

(c) The applicant designates a competent trained person to be named on the permit, who will accept responsibility for properly collecting and disposing of dead rodents; and

(d) A date is given for completion of the baiting operation (not more than thirty days duration) when the licensee will service the bait boxes (if any) and determine if a renewal of the permit is necessary.

(8) All compound 1080 solutions shall be dyed black. All 1080 baits shall be discolored.

(9) Compounds 1080 and 1081 shall be kept in a locked container within locked storage or locked service vehicle.

[Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, 16-228-1385, filed 10/20/99, effective 11/20/99.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 99-22-002, filed 10/20/99, effective 11/20/99)

WAC 16-228-1540
Examination requirements.

(1) An examination fee of ten dollars shall be paid prior to administration of any pesticide license examination at other than a regularly scheduled examination session. Scheduled exam sessions occur every Tuesday at the Olympia and Yakima pesticide management division offices and at other offices as scheduled. The department reserves the right to restrict the number of applicants examining at any given time.

(2) Any individual who fails any pesticide licensing examination twice shall be required to wait at least fourteen days before retaking that examination a third time. Subsequent testing shall be at the director's discretion.

[Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, 16-228-1540, filed 10/20/99, effective 11/20/99.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 16-228-1230 State restricted use pesticides for use by certified applicators only.
WAC 16-228-1240 Aquatic pesticides
WAC 16-228-1580 Change of exemptions.

Washington State Code Reviser's Office