reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 90 - Pesticide Control › Article 1 - Purpose, Applicability, Prohibitions, and Discharge Notification › 18 AAC 90.020 - Prohibitions

Current through May 31, 2024
In addition to other prohibitions set out in this chapter, a
				  person may not
(1) display, store,
				abandon, transport, use, sell, distribute, or dispose of a pesticide or a
				pesticide container in a manner that might endanger human health, safety, or
				welfare, animals, or the environment;
(2) dispose of a pesticide or a pesticide
				container except in compliance with labeling instructions and other applicable
				state or federal law;
(3) use, or
				advise regarding the use of, a pesticide in a manner that requires
				certification or a permit under this chapter without the required certification
				or permit;
(4) use, or advise
				regarding the use of, a pesticide in a faulty, careless, or negligent
				manner;
(5) use, or advise
				regarding the use of, a pesticide in a manner that is inconsistent with
				labeling instructions, a condition of registration under this chapter, or a
				condition of a permit or otherwise in violation of this chapter;
(6) operate faulty or unsafe pesticide
				application equipment;
(7) submit a
				false, misleading, fraudulent, or incomplete record, report, or application
				under this chapter;
(8) formulate,
				distribute, purchase, sell, or offer for sale
(A) an unregistered, misbranded, or
				adulterated pesticide or device;
(B) a pesticide that is not in the producer's
				original unbroken container; or
(C)
				a pesticide product that lacks both EPA registration and registration under
				this chapter; or
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 90 - Pesticide Control › Article 1 - Purpose, Applicability, Prohibitions, and Discharge Notification › 18 AAC 90.030 - Distribution, sale, and purchase requirements

Current through May 31, 2024
(a) A person may
				not distribute or sell
(1) any pesticide
				unless it has been registered as required by
				18 AAC 90.200 -
				18 AAC 90.235; or
(2) a restricted-use pesticide unless the
				person is a certified pesticide dealer and has proof that the purchaser is
(A) certified under this chapter in the
				applicable category of use; or
(B)
				authorized in writing by an applicator certified in the applicable category of
				use to purchase the restricted-use pesticide for use by the certified
				applicator.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 90 - Pesticide Control › Article 1 - Purpose, Applicability, Prohibitions, and Discharge Notification › 18 AAC 90.040 - Discharge notification and containment required

Current through May 31, 2024
(a) As required by
				18 AAC 75.300(a) (1)(A), if there is a discharge of a
				pesticide from a vessel, vehicle, container, or area that is used to store,
				transport, or dispose of a pesticide, the person having responsibility for the
				vessel, vehicle, container, or area that is used to store, transport, or
				dispose of a pesticide shall notify the department of the discharge as soon as
				that person has knowledge of the discharge. The person shall safely contain
				that discharge.
(b) For purposes of
				this section, "discharge" means the release of a pesticide in a manner that is
				not in compliance with this chapter.
Authority:
AS
					 46.03.010
AS 46.03.020
AS 46.03.320
AS 46.03.330
AS
					 46.03.730
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 90 - Pesticide Control › Article 2 - Pesticide Registration › 18 AAC 90.200 - Pesticide registration requirements

Current through May 31, 2024
(a) Except as
				provided in (b) of this section, a person may not distribute or sell a
				pesticide unless that pesticide is currently registered under
				18 AAC 90.215.
(b) The following pesticides are exempt from
				registration under this chapter:
(1) a
				pesticide shipped intrastate from one producing establishment to another
				operated by the same producer solely for repackaging or solely for use as a
				constituent part of another pesticide produced at the second
				establishment;
(2) a pesticide
				labeled under FIFRA "for experimental use only"; and
(3) a pesticide produced or packaged in the
				state solely for export from the United States.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 90 - Pesticide Control › Article 2 - Pesticide Registration › 18 AAC 90.205 - Pesticide product registration and registration renewal

Current through May 31, 2024
(a) A product
				registration issued under 18 AAC 90.200 - 18 AAC 90.235 is valid for the
				calendar year for which the registration is issued, and is subject to the
				renewal requirements of (c) of this section.
(b) A producer seeking to register a
				pesticide for the first time under 18 AAC 90.215 must submit an application to
				the department on a form or in the format required by the department and the
				fee required under 18 AAC 90.850. The application must include
(1) the applicant's name, telephone number,
				address, and, if available, electronic mail address;
(2) the name, telephone number, and address
				of the person whose name appears on the EPA label, if not the
				applicant's;
(3) me name and EPA
				registration number of the pesticide;
(4) a complete copy of the most current
				registration label stamped by the EPA;
(5) a complete copy of the most current
				product labeling;
(6) the correct
				name and total percentage of each active ingredient;
(7) me total percentage of inert
				ingredients;
(8) the most current
				safety data sheet; and
(9) other
				information that the department requests and that me department considers
				pertinent to product registration.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 90 - Pesticide Control › Article 2 - Pesticide Registration › 18 AAC 90.210 - Change in labeling

Current through May 31, 2024
A producer who has registered a pesticide under 18 AAC 90.215
				  shall notify the department if there is a change to the labeling of that
				  pesticide and provide a copy of the items described in 18 AAC 90.205(b)(4) and (5) not later than 30 days after the change occurs.
Authority:
AS 46.03.010
AS 46.03.020
AS 46.03.320
AS 46.03.330
AS 46.03.730
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 90 - Pesticide Control › Article 2 - Pesticide Registration › 18 AAC 90.215 - Department action on application for registration

Current through May 31, 2024
(a) Within 60 days
				after an application for pesticide registration is submitted, the department
				will, in its discretion,
(1) register the
				pesticide, using the pesticide's EPA registration number;
(2) refuse to register the pesticide;
				or
(3) notify the producer
				regarding restrictions on pesticide delivery, distribution, sale, or use by
				classifying that pesticide as a state restricted-use pesticide; examples of
				restrictions include
(A) sale to certified
				applicators only;
(B) prohibition
				of use in designated areas;
(C)
				permit required for use; or
(D)
				limitation on application rate or frequency.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 90 - Pesticide Control › Article 2 - Pesticide Registration › 18 AAC 90.220 - Unregistered pesticides

Current through May 31, 2024
A pesticide that is distributed or sold but not registered in
				  the state is subject to a stop sale, use, or removal order under
				  18 AAC 90.705.
Authority:
AS
					 46.03.010
AS 46.03.020
AS 46.03.320
AS 46.03.330
AS
					 46.03.730
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 90 - Pesticide Control › Article 2 - Pesticide Registration › 18 AAC 90.225 - Modification, suspension, or revocation of registration

Current through May 31, 2024
(a) If the
				department finds that a pesticide or its labeling does not comply with FIFRA,
				or when necessary to prevent a pesticide from having an unreasonable adverse
				effect on human health, safety, or welfare, animals, or the environment, the
				department will, in its discretion, modify, suspend, or revoke the registration
				of that pesticide issued under
				18 AAC 90.215, using the criteria
				in 18 AAC 90.215(b),
				or will pursue other sanctions provided by law.
(b) The department will provide written
				notice to the producer of the pesticide of the department's action under (a) of
				this section within 10 working days after the department decides to modify,
				suspend, or revoke registration. A producer who disagrees with the department's
				decision may
(1) appeal the decision under
				18 AAC 90.900; and
(2) request an adjudicatory hearing under
				18 AAC 15.195 -
				18 AAC 15.340.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 90 - Pesticide Control › Article 2 - Pesticide Registration › 18 AAC 90.230 - Application for registration for a special local need

Current through May 31, 2024
(a) In addition to
				registration of a pesticide under
				18 AAC 90.215, a person seeking to
				register a pesticide for sale, distribution, or use for a special local need
				shall submit to the department
(1) a completed
				and signed EPA "Application for/Notification of State Registration of a
				Pesticide to Meet a Special Local Need";
(2) a copy of the current EPA-approved label
				and labeling registered under FIFRA for the pesticide;
(3) a copy of the proposed supplemental
				labeling, including a statement of all claims made for the pesticide, and
				directions for its use to meet the special local need;
(4) evidence that the pesticide
(A) has an established tolerance or exemption
				under 21 U.S.C.
				301 -
				21 U.S.C. 395 (Federal Food, Drug,
				and Cosmetic Act) for use on food or animal feed to be included in the
				supplemental labeling; or
(B) is
				not for use on food or animal feed;
(5) data showing that use of the pesticide
				according to the supplemental labeling will not cause an unreasonable adverse
				effect on human health, safety, or welfare, animals, or the
				environment;
(6) a letter from the
				EPA registrant confirming that there is no objection to the proposed use;
				and
(7) other pertinent information
				requested by the department.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 90 - Pesticide Control › Article 2 - Pesticide Registration › 18 AAC 90.235 - Registration of a pesticide for a special local need

Current through May 31, 2024
(a) When the
				department receives an application under
				18 AAC 90.230, the department
				will, in its discretion, register a pesticide for a special local need and
				approve supplemental labeling if
(1) the
				pesticide is registered with EPA under FIFRA;
(2) the pesticide is registered under
				18 AAC 90.215;
(3) the department finds that a special local
				need exists that is not adequately covered by the labeling registered with
				EPA;
(4) the pesticide
(A) has an established tolerance or exemption
				under 21 U.S.C.
				301 -
				21 U.S.C. 395 (Federal Food, Drug,
				and Cosmetic Act) for use on food or animal feed to be included in the
				supplemental labeling; or
(B) is
				not for use on food or animal feed;
(5) the department finds that use according
				to supplemental labeling will not cause an unreasonable adverse effect on
				humans, animals, or the environment if used according to labeling directions;
				and
(6) registration for the
				proposed use has not been previously denied or canceled by EPA, unless that
				action was later rescinded by EPA.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 90 - Pesticide Control › Article 3 - Certification Requirements › 18 AAC 90.300 - Certification requirements

Current through May 31, 2024
(a) Certification
				under 18 AAC 90.300 -
				18 AAC 90.315 for the applicable
				category of use described in (c) of this section is required before an
				individual may
(1) use a restricted-use
				pesticide;
(2) supervise the use of
				a restricted-use pesticide;
(3)
				purchase a restricted-use pesticide, unless that purchase is authorized in
				writing by a certified applicator for the applicable category of use;
(4) act as a restricted-use pesticide
				dealer;
(5) engage in the custom,
				commercial, or contract use of a pesticide unless that use is application of a
				general-use pesticide under the direct, on-the-job supervision of a certified
				applicator certified in the applicable category of use;
(6) supervise the custom, commercial, or
				contract use of a pesticide;
(7)
				act as a pesticide consultant;
(8)
				use or supervise the use of a pesticide at a school unless the pesticide is
(A) a general-use antimicrobial
				pesticide
(B) a rodenticide in a
				tamper-resistant bait station; or
(C) an application of silica eel and other
				ready-to-use paste, foam, or gel; or
(9) use or supervise the use of a pesticide
				at a public place unless the pesticide is an antimicrobial pesticide.
(A) a general-use antimicrobial
				pesticide
(B) a rodenticide in a
				tamper-resistant bait station; or
(C) an application of silica eel and other
				ready-to-use paste, foam, or gel;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 90 - Pesticide Control › Article 3 - Certification Requirements › 18 AAC 90.305 - Certification procedures

Current through May 31, 2024
(a) An individual
				who seeks certification under
				18 AAC 90.300 shall submit an
				application on a form supplied by the department and the fee required by
				18 AAC 90.860.
(b) Subject to (f) of this section, the
				department will certify an applicant who
(1)
				is at least 18 years of age;
(2)
				attends a training session or completes an Internet or other correspondence
				course approved by the department; and
(3) demonstrates knowledge of state and
				federal pesticide statutes and regulations, as well as pesticide hazards and
				safety precautions, by passing written examinations administered by the
				department or the department's representative as described in (c) of this
				section.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 90 - Pesticide Control › Article 3 - Certification Requirements › 18 AAC 90.310 - Certification renewal

Current through May 31, 2024
(a) To renew a certification issued under
				18 AAC 90.300, before expiration
				of the certification an individual must
(1)
				submit a certification renewal application on a form supplied by the
				department; and
(2) obtain a
				minimum of 12 continuing education hours approved by the department under (b)
				of this section.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 90 - Pesticide Control › Article 3 - Certification Requirements › 18 AAC 90.315 - Certification modification, suspension, or revocation

Current through May 31, 2024
(a) The department
				will, in its discretion, modify, suspend, or revoke a certification
(1) for violation of
(A) an applicable statute or regulation;
				or
(B) a specific condition that
				was imposed on a new or renewed certification under
				18 AAC 90.305(d)
				or that was imposed on a permit under
				18 AAC 90.525(c);
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 90 - Pesticide Control › Article 4 - Recordkeeping Requirements › 18 AAC 90.400 - Recordkeeping requirements for restricted-use pesticide dealers

Current through May 31, 2024
A dealer who purchases or sells restricted-use pesticides
				  shall, for at least two years after each purchase and sale, keep accurate
				  written records. The records must be available to the department upon request
				  and must contain the
(1) product or
				brand name, EPA registration number, and amount of each restricted-use
				pesticide purchased from a dealer or manufacturer;
(2) current inventory of restricted-use
				pesticides;
(3) name and address of
				each applicator purchasing a restricted use pesticide and
(A) current certification number;
(B) category of use under
				18 AAC 90.300(c)
				for which the applicator is certified; and
(C) the expiration date for each
				category-of-use certification;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 90 - Pesticide Control › Article 4 - Recordkeeping Requirements › 18 AAC 90.410 - Recordkeeping requirements for private applicators of restricted-use pesticides

Current through May 31, 2024
A private applicator shall keep accurate records of all uses
				  of restricted-use pesticides for at least two years after each use. The records
				  must be available to the department upon request and must contain the
(1) product or brand name and the EPA
				registration number of each pesticide;
(2) date of application;
(3) location of application;
(4) total amount of pesticide
				applied;
(5) applicator's name and
				certification number;
(6) crop
				commodity or site to which the pesticide was applied; and
(7) size of the area treated.
Authority:
AS 46.03.010
AS 46.03.020
AS 46.03.320
AS 46.03.330
AS 46.03.730
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 90 - Pesticide Control › Article 4 - Recordkeeping Requirements › 18 AAC 90.415 - Recordkeeping requirements for other applicators of restricted-use pesticides

Current through May 31, 2024
An applicator of restricted-use pesticides who is not subject
				  to 18 AAC 90,400 or
				  18 AAC 90.410 shall keep accurate
				  written records of all purchases and uses of restricted-use pesticides for at
				  least two years after each purchase or use. The records must be available to
				  the department upon request and must contain
(1) for each purchase of a restricted-use
				pesticide by the applicator
(A) the product
				or brand name of the pesticide;
(B)
				the EPA registration number of the pesticide;
(C) the company name where the pesticide was
				purchased;
(D) the address where
				the pesticide was purchased;
(E)
				the date the pesticide was purchased; and
(F) the amount of pesticide purchased;
				and
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 90 - Pesticide Control › Article 4 - Recordkeeping Requirements › 18 AAC 90.420 - Recordkeeping requirements for custom, commercial, or contract applicators of pesticides

Current through May 31, 2024
In addition to meeting the requirements of
				  18 AAC 90.415, a custom,
				  commercial, or contract applicator of pesticides shall keep accurate written
				  records of all uses of general use pesticides for at least two years after each
				  use. The records must be available to the department upon request and
				  contain
(1) the product or brand name
				of the pesticide;
(2) the EPA
				registration number of the pesticide:
(3) the date of use;
(4) the address or location of use;
(5) the crop, commodity, stored product, or
				site of the use;
(6) the size of
				the area treated;
(7) the rate of
				application;
(8) the dilution of
				the pesticide applied;
(9) the
				total amount of pesticide product used;
(10) the target pests;
(11) the name of the person applying the
				pesticide:
(12) the certification
				number of the person applying the pesticide;
(13) a copy of any instructions provided to
				pesticide technicians under a certified applicator's supervision; and
(14) if the pesticide is a fumigant, instead
				of application rate and dilution,
(A) the
				temperature during the exposure period;
(B) the duration of the exposure period;
				and
(C) pounds of gas released per
				1,000 cubic feet of space.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 90 - Pesticide Control › Article 5 - Permit Requirements › 18 AAC 90.500 - Permit for certain public pesticide programs or projects

Current through May 31, 2024
Except as provided in
				  18 AAC 90.510, the state or a
				  borough or city of any class may not, without first obtaining a permit issued
				  by the department, initiate a public pesticide program or project that affects
				  property owned separately by two or more persons.
Authority:
AS
					 46.03.010
AS 46.03.020
AS 46.03.320
AS 46.03.330
AS
					 46.03.730
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 90 - Pesticide Control › Article 5 - Permit Requirements › 18 AAC 90.505 - Permit for water and aerial application of pesticides

Current through May 31, 2024
A person or government entity may not, without first
				  obtaining a permit issued by the department, direct, conduct, participate in,
				  or allow the use of a pesticide
(1) to
				waters of the state; or
(2) by
				aircraft or helicopter.
Authority:
AS
					 46.03.010
AS 46.03.020
AS 46.03.320
AS 46.03.330
AS
					 46.03.730
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 90 - Pesticide Control › Article 5 - Permit Requirements › 18 AAC 90.510 - Exemptions from permit requirements

Current through May 31, 2024
(a) Antimicrobial
				pesticides are exempt from the permit requirements of this chapter if the
				antimicrobial pesticides are applied only for oilfield operations or the
				treatment of drinking water.
(b)
				The commissioner may, upon written request, exempt the application of a
				pesticide from a requirement of this chapter if the commissioner determines
				that an emergency exists, including a significant
(1) risk to human health;
(2) risk to the environment; or
(3) economic loss.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 90 - Pesticide Control › Article 5 - Permit Requirements › 18 AAC 90.515 - Permit application

Current through May 31, 2024
A person required to have a permit under
				  18 AAC 90.500 or
				  18 AAC 90.505 shall submit a
				  completed application to the department as required by
				  18 AAC 15.020, using a form
				  supplied by the department. The application must identify
(1) the common or brand name of each
				pesticide to be used, the name of the seller or distributor from whom the
				pesticide is obtained, and the EPA registration number for each
				pesticide;
(2) the targeted pests
				to be controlled by the pesticide;
(3) each type of formulation to be
				used;
(4) each type of adjuvant to
				be used;
(5) the percentage of each
				active ingredient in each formulation;
(6) the rate of application for each active
				ingredient to be applied;
(7) the
				proposed protective area under
				18 AAC 90.800, if the pesticide is
				to be applied as part of a forestry vegetation management project;
(8) a description of the treatment area where
				the pesticide will be applied, including
(A)
				the location depicted on a map or plat issued by the United States, the state,
				or municipality;
(B) the size of
				the treatment area;
(C) vegetation
				in the treatment area;
(D) each
				potentially affected surface water or marine water body within 200 feet of the
				treatment area, or each public or private water system within 200 feet of the
				treatment area; in this subparagraph, "public water system" and "private water
				system" have the meanings given in
				18 AAC 80.1990;
(E) soil type, including drainage
				characteristics, in the treatment area; and
(F) average annual precipitation;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 90 - Pesticide Control › Article 5 - Permit Requirements › 18 AAC 90.520 - Public notice requirements; public hearings

Current through May 31, 2024
(a) A person
				required to have a permit under this chapter must publish a public notice in
				accordance with the requirements of
				18 AAC 15.050.
(b) If a public hearing is required under
				18 AAC 15.060,
(1) the applicant must publish the notice of
				public hearing in accordance with
				18 AAC 15.060;
(2) the department will conduct the public
				hearing in accordance with
				18 AAC 15.060; and
(3) the applicant must provide a transcript
				of the hearing to the department no more than 15 days after the
				hearing.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 90 - Pesticide Control › Article 5 - Permit Requirements › 18 AAC 90.525 - Permit issuance or denial

Current through May 31, 2024
(a) The department
				will issue or deny a permit after reviewing the information contained in an
				application, the public record that results from public notice and any public
				hearing under
				18 AAC 90.520, and comments
				received from local, state, or federal agencies. The department's decision will
				be in writing and, if denying a permit, will state the reasons for that
				denial.
(b) The department will, in
				its discretion, deny a permit if
(1) the
				applicant fails to supply information or evidence required by this
				chapter;
(2) the department
				determines that the special precautions referred to in
				18 AAC 90.515(12)
				are inadequate to prevent unreasonable adverse effects;
(3) the applicant or a person under the
				applicant's direct supervision has failed to abide by a condition of a previous
				permit;
(4) a proposed action is
				unlawful; or
(5) the department
				finds that the application of the pesticide will result in an unreasonable
				adverse effect.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 90 - Pesticide Control › Article 5 - Permit Requirements › 18 AAC 90.530 - Permit term

Current through May 31, 2024
(a) The department will send a copy of the
				department's decision to issue or deny a permit to the applicant and to each
				person who commented on the application as provided in
				18 AAC 15.080.
(b) A permit takes effect no sooner than 40
				days after the department issues a permit.
(c) A permit is not valid for more than five
				years after its effective date.
Authority:
AS
					 46.03.010
AS 46.03.020
AS 46.03.320
AS 46.03.330
AS
					 46.03.730
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 90 - Pesticide Control › Article 5 - Permit Requirements › 18 AAC 90.535 - Summary of treatment results

Current through May 31, 2024
(a) Within 90 days
				after a permit issued under
				18 AAC 90.500 -
				18 AAC 90.540 expires, the
				permittee shall submit to the department a summary of the treatment results,
				including
(1) the dates of the
				treatment;
(2) the total amount of
				each pesticide used;
(3) an
				assessment of the success or failure of the treatment; and
(4) any observed effect on human health,
				safety, or welfare, animals, or the environment;
(5) monitoring results, if under this chapter
				the department required the permittee to conduct monitoring; and
(6) records required to be kept under
				18 AAC 90.400 -
				18 AAC 90.420.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 90 - Pesticide Control › Article 5 - Permit Requirements › 18 AAC 90.540 - Permit modification, suspension, or revocation

Current through May 31, 2024
(a) The department
				will, in its discretion, modify, suspend, or revoke a permit if
(1) the department finds that a violation of
				this chapter or of the permit has occurred; or
(2) an activity that occurs under the permit
				has an unanticipated effect on human health, safety, or welfare, animals, or
				the environment.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 90 - Pesticide Control › Article 6 - Pesticide Handling Requirements › 18 AAC 90.600 - Operating requirements for applicators

Current through May 31, 2024
When using pesticides, an applicator shall
(1) adhere to requirements specified by the
				labeling;
(2) when measuring
				concentrated materials, use only apparatus accurately calibrated to the
				smallest unit in which the material is being weighed or measured;
(3) when the active ingredient is in
				suspension, or when using a mixture of materials, maintain a uniform mixture;
				and
(4) thoroughly clean
				pesticide-contaminated apparatus after use.
Authority:
AS
					 46.03.010
AS 46.03.020
AS 46.03.320
AS 46.03.330
AS
					 46.03.730
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 90 - Pesticide Control › Article 6 - Pesticide Handling Requirements › 18 AAC 90.605 - Ground and aircraft spray apparatus

Current through May 31, 2024
(a) The department
				will, in its discretion,
(1) inspect ground or
				air apparatus used to apply pesticides; and
(2) require repairs of ground or air
				apparatus or other changes before further use.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 90 - Pesticide Control › Article 6 - Pesticide Handling Requirements › 18 AAC 90.610 - Drift control and dispersion restrictions

Current through May 31, 2024
A person may not
(1)
				apply a pesticide in a manner that results in pesticide drift;
(2) apply a pesticide when wind speed, as
				measured using a calibrated device to measure wind velocity and direction,
				exceeds
(A) the maximum wind speed stated in
				the labeling; or
(B) seven miles
				per hour, if no wind speed is stated in the labeling; or
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 90 - Pesticide Control › Article 6 - Pesticide Handling Requirements › 18 AAC 90.615 - Storage and disposal of pesticides and pesticide containers

Current through May 31, 2024
(a) A person who
				applies a pesticide shall properly dispose of each empty container. A person
				may burn an empty pesticide container only if
(1) the container's labeling allows the
				container to be burned; and
(2)
				burning is done in compliance with 18 AAC 50.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 90 - Pesticide Control › Article 6 - Pesticide Handling Requirements › 18 AAC 90.620 - Insurance required

Current through May 31, 2024
(a) Except as provided in(c) or (d) of this
				section, a person may not obtain certification for custom, commercial, or
				contract use of a pesticide unless the person or the person's employer has
				furnished evidence to the department of a liability insurance policy of not
				less than $500,000 per person for bodily injury, and not less than $300,000 per
				incident for property damage. The person shall notify the department in writing
				each year of the current liability coverage, and if coverage is changed, not
				later than 30 days after the change in coverage.
(b) The department will modify or suspend
				certification under this chapter if insurance required under (a) of this
				section is not provided or is reduced below the minimum amounts
				required.
(c) The requirements of
				this section do not apply to a local, state, or federal agency employee, or an
				employee of a school, who engages in the custom, commercial, or contract use of
				a pesticide as part of the employee's employment activities.
(d) An individual may declare the individual
				in writing as a designated private applicator, affirming that the individual
				will apply only non-fumigant pesticides on property owned or leased by the
				individual.
Authority:
AS 46.03.010
AS 46.03.020
AS 46.03.320
AS 46.03.330
AS 46.03.730
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 90 - Pesticide Control › Article 6 - Pesticide Handling Requirements › 18 AAC 90.625 - School use and notification

Current through May 31, 2024
(a) The
				administrator of a school shall, whenever practical, ensure the use of
				nonchemical methods to control pests, including proper sanitation practices,
				structural repair, and window screens.
(b) Except as provided in (h) of this
				section, at least 24 hours before the application of a pesticide to an area of
				the school that is used by or is accessible to children, the administrator of
				the school shall notify parents or guardians of children of the application; a
				notice under this subsection must include
(1)
				a description of the area where the pesticide will be applied;
(2) the date and approximate time of
				application; if the application will be outdoors, the notification must include
				three dates in chronological order in case the preceding date is canceled due
				to weather;
(3) the common or brand
				name of each pesticide to be used;
(4) the targeted pests to be controlled by
				the pesticide;
(5) each active
				ingredient in the pesticide;
(6)
				the EPA registration number;
(7)
				the telephone contact number, if any, on the label of the pesticide for
				additional information about each pesticide; and
(8) a contact name and telephone number at
				the school.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 90 - Pesticide Control › Article 6 - Pesticide Handling Requirements › 18 AAC 90.630 - Public notification and posting of pesticide applications to public places

Current through May 31, 2024
(a) A person may not apply a pesticide in a
				public place without first posting a written notice on the application site.
				The notice
(1) must be conspicuously posted
				at each point of customary access to each public place or each portion of each
				public place requiring a written notice;
(2) must be at least 8 1/2 x 11 inches and be
				reasonably designed to remain legible for the longest of the following time
				periods:
(A) at least 24 hours after the
				application;
(B) the period until,
				according to the product label, entering the application site will be
				safe;
(3) if posted
				outdoors and not on a structure, must be posted at least 12 inches above ground
				level;
(4) if posted indoors or on
				a structure, must be
(A) posted no less than
				three and no more than four feet above floor level; and
(B) attached so as to remain in
				place;
(5) must be
				posted immediately before the pesticide application begins and remain in place
				for the longest of the time periods set out in (2)(A) and (B) of this
				subsection; and
(6) must contain
				the following wording, in substantially the following format, along with the
				date and time of the application, the name, address, and telephone number of
				the contact person, and the time at which the pesticide will be dry, or if
				entering the application site is not yet safe when the pesticide is dry, the
				time when, according to the label, entering the site will be safe:
CLICK TO VIEW
				  SEAL
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 90 - Pesticide Control › Article 6 - Pesticide Handling Requirements › 18 AAC 90.635 - Tenant notification of pesticide application

Current through May 31, 2024
A person may not apply a pesticide within a dwelling unit
				  used as a home, residence, or sleeping place leased to another person, without
				  first notifying the tenant
(1) by
				posting, at each entrance to the treated area, a written notice that complies
				with the requirements listed in 18 AAC 90.630; or
(2) verbally, including the date and time of
				application, the name of the pesticide, and instructions about when the
				structure may safely be reentered, based on the pesticide label
				instructions.
Authority:
AS 46.03.010
AS 46.03.320
AS 46.03.730
AS 46.03.020
AS 46.03.330
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 90 - Pesticide Control › Article 6 - Pesticide Handling Requirements › 18 AAC 90.640 - Pesticide applications on state land

Current through May 31, 2024
(a) Except as
				provided under
				18 AAC 90.500 and
				18 AAC 90.505, the application of
				one or more pesticides on land owned or leased by an agency of the state, or on
				a right-of-way managed by the agency, is authorized if
(1) the application follows an integrated
				pest management plan appropriate for the pest of concern in accordance with
				18 AAC 90.645, and adopted by the
				agency applying a pesticide;
(2)
				the integrated pest management plan is published on the department's
				website;
(3) not later than 30 days
				before the application, or 30 days before the first application of a
				multi-application project, notification has been provided by mail, return
				receipt requested, to owners of public water systems if the application will
				occur within 200 feet of the water source; in this paragraph, "public water
				system" has the meaning given in
				18 AAC 80.1990;
(4) a pesticide will be applied by an
				applicator certified by the department;
(5) public notice of the application is
				provided in accordance with (b) of this section;
(6) the department is notified not later than
				15 days before an application; notification is required under this paragraph
				before each application of a multi-application project;
(7) the person in charge described in
				18 AAC 90.650 keeps an accurate
				written record of each application of each pesticide for at least two years
				after that use; the record must be available to the department upon request and
				must contain
(A) the information listed in
				18 AAC 90.415(2);
				and
(B) a record of all
				notifications issued under (a)(3) and (6) and (b) of this section;
(8) for each pesticide applied to
				more than a total of 20 acres in a calendar year, the person in charge
				described in
				18 AAC 90.650 posts a report on
				the agency's website that describes the complete product name, EPA registration
				number, quantity of mixed pesticide applied, and location of each application;
				and
(9) the department is granted
				access to the property at reasonable times without prior approval during
				pesticide applications.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 90 - Pesticide Control › Article 6 - Pesticide Handling Requirements › 18 AAC 90.645 - Integrated pest management plan

Current through May 31, 2024
An integrated pest management plan must establish a procedure
				  for the use of one or more pesticides in a manner that poses the least possible
				  hazard to people, property, and the environment, by using pesticides only after
				  nonchemical practices, sanitation, and other preventive methods have failed or
				  are impractical. The integrated pest management plan must include a description
				  of
(1) the preventive methods used to
				keep pest problems from occurring;
(2) the activities to monitor for the
				presence of pests;
(3) the
				thresholds for allowable pest presence;
(4) when appropriate, the use of mechanical
				and physical controls to reduce pest presence;
(5) the complete name and EPA registration
				number of each pesticide product used when determined necessary under the
				integrated pest management plan; and
(6) the identity of the person in charge
				described in
				18 AAC 90.650.
Authority:
AS
					 46.03.010
AS 46.03.020
AS 46.03.320
AS 46.03.330
AS
					 46.03.730
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 90 - Pesticide Control › Article 6 - Pesticide Handling Requirements › 18 AAC 90.650 - Person in charge

Current through May 31, 2024
The agency initiating a public pesticide program or project
				  shall identify a person in charge to oversee pest control. That person
				  shall
(1) develop and implement an
				integrated pest management plan in accordance with
				18 AAC 90.645;
(2) ensure compliance with the integrated
				pest management plan;
(3) review
				and update the integrated pest management plan every two years;
(4) act as the point of contact for
				information on the public pesticide program or project for the department and
				for the public; and
(5) when
				appropriate under the integrated pest management plan, approve the use of
				pesticides and ensure that they are used in compliance with this
				chapter.
Authority:
AS
					 46.03.010
AS 46.03.020
AS 46.03.320
AS 46.03.330
AS
					 46.03.730
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 90 - Pesticide Control › Article 7 - Inspection and Enforcement › 18 AAC 90.700 - Inspection

Current through May 31, 2024
(a) A department employee or designated agent
				may enter upon public or private premises at reasonable times and with the
				owner's or occupier's consent to
(1) inspect
				containers, equipment, and supplies used to store, mix, load, transport, or
				apply pesticides;
(2) inspect,
				investigate, or take samples in response to a complaint or investigation
				involving pesticides or their use, sale, distribution, storage or
				disposal;
(3) inspect display,
				storage, retail, distribution, mixing, loading, or disposal areas;
(4) take samples of pesticides;
(5) observe the use of a pesticide;
(6) inspect records required by this chapter;
				or
(7) gather evidence, including
				the taking of sworn or unsworn statements, for use in evaluating or conducting
				proceedings to enforce this chapter.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 90 - Pesticide Control › Article 7 - Inspection and Enforcement › 18 AAC 90.705 - Stop sale, use, or removal orders

Current through May 31, 2024
If the department has reasonable cause to believe that a
				  pesticide or device is being distributed, stored, transported, offered for
				  sale, or used in violation of this chapter, the department will, in its
				  discretion, serve a written stop sale, use, or removal order to the owner or
				  custodian of the pesticide or device. If the owner or custodian cannot be
				  timely served, the department will, if possible, attach the order to the
				  pesticide or device and attempt to notify the owner or custodian or the person
				  who has registered the pesticide under
				  18 AAC 90.200 -
				  18 AAC 90.235. The order remains
				  in effect until released in writing by the department or vacated or terminated
				  by a court. Issuance of a stop sale, use, or removal order does not preclude
				  other enforcement actions authorized by law.
Authority:
AS
					 46.03.010
AS 46.03.020
AS 46.03.320
AS 46.03.330
AS
					 46.03.730
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 90 - Pesticide Control › Article 8 - Forestry Vegetation Management › 18 AAC 90.800 - Protective area

Current through May 31, 2024
An applicator who applies a pesticide as part of a forestry
				  vegetation management project
(1) may
				not apply a pesticide within a protective area
(A) of 200 feet, measured horizontally, from
				a surface water source that is used for a public water system; for purposes of
				this subparagraph, "public water system" has the meaning given in
				18 AAC 80.1990; and
(B) sufficient in size to ensure that a
				pesticide applied by the applicator does not enter a pesticide-free zone
				composed of
(i) a surface water or marine
				water body; and
(ii) land within 35
				feet of that surface water, measured horizontally from the ordinary high water
				mark, or that marine water body, measured horizontally from the mean higher
				high water mark; and
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 90 - Pesticide Control › Article 9 - General Provisions › 18 AAC 90.850 - Registration fee requirements

Current through May 31, 2024
(a) An initial
				application for registration submitted under 18 AAC 90.205 or an application
				for renewal of registration submitted under 18 AAC 90.205 must be accompanied
				by a fee of $120 for each product.
(b) If a producer has more than one product,
				the fee will be waived for the second or any subsequent product if that product
				has the same
(1) EPA registration number;
				and
(2) product label
				name.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 90 - Pesticide Control › Article 9 - General Provisions › 18 AAC 90.860 - Certified applicator fee requirements

Current through May 31, 2024
An applicator certified under 18 AAC 90.300 will be assessed
				  a fee of $25 before the issuance of the initial certification document and at
				  the time of each annual renewal or recertification. An applicator certified in
				  one category will not be assessed a fee for certifications in other
				  categories.
Authority:
AS 37.10.050
AS 37.10.052
AS 37.10.058
AS 44.46.025
AS 46.03.020
AS 46.03.320
AS 46.03.330
AS 46.03.730
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 90 - Pesticide Control › Article 9 - General Provisions › 18 AAC 90.870 - Fee appeal and waiver procedures

Current through May 31, 2024
A person who disputes the assessment of fees under
				  18 AAC 90.850 -
				  18 AAC 90.860 may request a review
				  under 18 AAC 15.190.
Authority:
AS
					 44.46.025
AS 46.03.020
AS 46.03.320
AS 46.03.330
AS
					 46.03.730
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 90 - Pesticide Control › Article 9 - General Provisions › 18 AAC 90.900 - Right to appeal department's decision

Current through May 31, 2024
(a) A person
				subject to this chapter who is aggrieved by a decision of the department under
				this chapter may request an informal review of the decision under
				18 AAC 15.185.
(b) This section does not affect the right of
				a person to request an adjudicatory hearing under
				18 AAC 15.195 -
				18 AAC 15.340.
Authority:
AS
					 46.03.010
AS 46.03.020
AS 46.03.320
AS 46.03.330
AS
					 46.03.730
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 90 - Pesticide Control › Article 9 - General Provisions › 18 AAC 90.990 - Definitions

Current through May 31, 2024
Unless the context indicates otherwise, in this
				  chapter
(1) "active ingredient" means,
				in the case of a
(A) pesticide other than a
				plant regulator, defoliant, or desiccant, an ingredient that will prevent,
				destroy, repel, or mitigate a pest;
(B) plant regulator, an ingredient that,
				through physiological action, will accelerate or retard the rate of growth or
				rate of maturation or otherwise alter the behavior of ornamental or crop plants
				or a product of those plants;
(C)
				defoliant, an ingredient that will cause leaves or foliage to drop from a
				plant; and
(D) desiccant, an
				ingredient that will artificially accelerate the drying of plant
				tissue;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 95 - Administrative Enforcement › Article 1 - Compliance Orders › 18 AAC 95.010 - Initiation of compliance order proceedings

Current through May 31, 2024
(a) Compliance
				order proceedings are initiated by the service of a notice of intent to issue a
				compliance order upon the person or persons responsible for an actual or
				threatened violation. The notice of intent will be signed by the deputy
				commissioner.
(b) The notice of
				intent will
(1) recite the condition, activity
				or conduct which the deputy commissioner has determined is causing or is
				threatening to cause a violation;
(2) disclose the basis of the deputy
				commissioner's determination;
(3)
				specify the statute, regulation, order, permit or certificate which is being or
				threatens to be violated;
(4)
				request of the respondent a detailed report specifying what measures have been
				or are being taken, or are proposed to be taken, to correct, control or prevent
				the violation; and
(5) briefly
				describe the statutory procedures of compliance order proceedings, and the
				penalties and liabilities to which the respondent is exposed.