PERMANENT RULES
Date of Adoption: May 28, 2002.
Purpose: To restrict some uses of pesticides containing the active ingredient clopyralid. The restrictions are intended to prevent clopyralid residues in compost at levels that may be damaging to plants grown in or around compost.
Statutory Authority for Adoption: Chapters 15.58, 17.21, and 34.05 RCW.
Adopted under notice filed as WSR 02-11-070 on May 13, 2002.
Changes Other than Editing from Proposed to Adopted Version: New section WAC 16-228-1238, which allowed for use on nonresidential lawns with permission from the Department of Agriculture, will not be adopted as part of the permanent rule. Additional modifications to this rule may be required as regulatory effectiveness is evaluated through collection and sharing of information with the Clopyralid Technical Advisory Committee.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 5, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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Repealed 0;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Repealed 0;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 5,
Amended 0,
Repealed 0.
Effective Date of Rule:
Thirty-one days after filing.
May 28, 2002
William E. Brookreson
Acting Director
OTS-5482.3
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
declared to be state restricted use pesticides when labeled for
use on cereal grains, grass used for hay, lawns and turf
including golf courses.
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(2) Pesticides containing clopyralid and labeled for uses on sites/crops in addition to cereal grains, grass used for hay, 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 cereal grains, grass used for hay, 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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