Using Pesticides and Devices

R3-8-301. Using Pesticides and Devices regis- A. An applicator shall use only a pesticide that is currently tered for use by the Department or was registered by the Department and does not have a passed EPA end use date. mis- B. An applicator shall not misuse a pesticide or device. It is use of a pesticide or device if an applicator: 1. Applies, handles, stores, or disposes of a pesticide or device in a manner that is inconsistent with the label or labeling; 2. Provides a pest management service or handles a pestipro- cide without wearing clothing and using the personal tective equipment required by the label or labeling t o protect the applicator from pesticide exposure; 3. Uses a pesticide in a manner that causes the pesticide t o come into contact with a per-son, other than the applicator, animal, or property, other than the property receivin g the pest management service, unless the contact results from an accident beyond the reasonable control of the applicator; 26-1 March 31, 2026 Arizona CHAPTER 8. DEPARTMENT OF AGRICULTURE 4. Uses a pesticide in a food-handling establishment that i s not labeled for food-handling establishment; and 5. Uses a pesticide in a manner that contaminates food, feed, or drugs or equipment used to prepare or serve food, feed, or drugs. C. While mixing a pesticide with water, an applicator shall protect the water supply from back- siphoning of the pesticide mixture. An applicator shall not add water to a tank in which a pesticide is mixed or from which a pesticide is dispensed b y protruding a fill-pipe or hose connection into the tank. A n applicator shall ensure that a fill-pipe or hose connection terminates at least two inches above the tank fill opening or i s equipped with an effective anti- siphoning device. D. An applicator shall ensure that all equipment, including auxiliary equipment such as a hose or metering device, used fo r mixing or applying a pesticide is in good repair and operatin g properly. desig- E. An applicator shall apply, store, or dispose of a pesticide nated by the EPA as restricted use only if the applicator is certified or working under the immediate supervision of a n applicator certified in the category for which the restricted-us e pesticide is applicable. F. An applicator shall clean a pesticide spill in accordance with the pesticide label and labeling directions and in a manner that minimizes exposure to humans and other non-target organisms. If a pesticide spill may endanger humans, an applicator recommenda- shall clean the pesticide spill in accordance with tions by health and medical personnel and local authorities. G. An applicator shall apply a pesticide at a rate provided by a Special Local Need registration issued by the Department an d the pesticide labeling. The applicator shall have in the applicator’s possession at the time of the application both the Special Local Need labeling and the EPA section 3 label and labeling. H. If information regarding provision of a particular pest management service is not available on the pesticide label or labelin g applica- or addressed in the PMD’s statutes or this Chapter, an tor shall comply with the pesticide manufacturer’s recommendation and the general industry practice prevailing in th e pro- community at the time the pest management service is vided. I. If there is a conflict between any provision in this Section and spe- labeling instructions, an applicator shall follow the more cific instruction. Historical Note New Section recodified from R4-29-301 at 23 A.A.R. 1976, effective June 30, 2017; Section amended by exempt rulemaking at 23 A.A.R. 1949, effective August 29, 2017 (Supp. 17-2). Section amended by final rulemaking at 29 A.A.R. 757 (March 24, 2023), with an immediate effective date of March 10, 2023 (Supp. 23-1).