EMERGENCY RULES
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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 5, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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Repealed 0;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Repealed 0;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Repealed 0.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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(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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(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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