WSR 02-06-048

EMERGENCY RULES

DEPARTMENT OF AGRICULTURE


[ Filed March 1, 2002, 8:15 a.m. ]

Date of Adoption: March 1, 2002.

Purpose: Turf clippings and other plant materials are often recycled to composting facilities. There is evidence that turf clippings from sites treated with clopyralid may contain clopyralid residues when the compost is sold. Clopyralid residues on turf clippings are not breaking down as rapidly as anticipated during the composting process. Consequently, the compost, when used around sensitive plants, has damaged sensitive plants.

Statutory Authority for Adoption: Chapters 15.58 and 17.21 RCW.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: Washington State Department of Agriculture has determined that pesticides containing the active ingredient clopyralid, when used to treat lawns and turf, post a significant risk to the composting stream. The use season for clopyralid on turf and lawns is rapidly approaching. Emergency rules are required as a timely action to stop contaminated grass clippings from entering the composting stream and rendering product unmarketable for use around sensitive plants.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 5, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: Immediately.

March 1, 2002

William E. Brookreson

Acting Director

OTS-5482.1


NEW SECTION
WAC 16-228-1235   When are pesticides containing the active ingredient clopyralid state restricted use pesticides?   Pesticides containing the active ingredient clopyralid are state restricted use pesticides when labeled for use on lawns and turf including golf courses.

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NEW SECTION
WAC 16-228-12351   Who can distribute pesticides containing the active ingredient clopyralid?   Only licensed pesticide dealers can distribute pesticides containing the active ingredient clopyralid.

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NEW SECTION
WAC 16-228-12352   Who can sell pesticides containing the active ingredient clopyralid?   (1) Pesticides containing the active ingredient clopyralid that are labeled for use on lawns and turf including golf courses can only be sold by licensed dealers to certified applicators or their duly authorized agents. In order to purchase such pesticides, certified applicators or their agents must have a valid certification, license or permit allowing them to use or purchase such pesticides.

(2) Pesticides containing clopyralid and labeled for uses on sites/crops in addition to lawns and turf including golf courses may be sold by licensed dealers to noncertified applicators if the noncertified applicator signs the sales invoice or sales slip indicating that the pesticide will not be applied to lawns and turf including golf courses.

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NEW SECTION
WAC 16-228-1237   What are the restrictions on the use of pesticides containing the active ingredient clopyralid when labeled for use on lawns and turf including golf courses?   In addition to the restrictions placed on the product label, pesticides containing the active ingredient clopyralid cannot be applied to lawns and turf except for golf courses complying with the requirements in WAC 16-228-12371.

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NEW SECTION
WAC 16-228-12371   What requirements affect the use of pesticides containing the active ingredient clopyralid on golf courses?   (1) When labeled for use on lawns and turf including golf courses, pesticides containing the active ingredient clopyralid may be applied on golf courses if no grass clippings, leaves or other vegetation are removed from the site and placed in composting facilities that provide product to the public.

(2) Before applying pesticides containing the active ingredient clopyralid on a golf course, the commercial applicator must give written notification to the appropriate grounds keeping personnel that no grass clippings, leaves or other vegetation may be removed from the site and placed in composting facilities that provide product to the public.

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Washington State Code Reviser's Office