WSR 02-12-017

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed May 28, 2002, 10:03 a.m. ]

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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 5, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 5, Amended 0, Repealed 0.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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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 cereal grains, grass used for hay, 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 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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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 including golf courses without 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