reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 3 - PESTICIDE USE, SALES, AND EQUIPMENT › Section R3-3-305 - Pesticide Sales

Current through Register Vol. 30, No. 28, July 12, 2024
A. A seller
				shall only sell, offer for sale, deliver, or offer for delivery any restricted
				use pesticide to a person who:
1. Has a valid
				private, golf or commercial applicator certification issued by the Department
				for the use of a restricted use pesticide in the appropriate
				category;
2. Works under the direct
				supervision of a person who has a valid private, golf or commercial applicator
				certification issued by the Department for the use of a restricted use
				pesticide in the appropriate category; or
3. Has a valid certification from California,
				Nevada, Utah, Colorado, New Mexico or from an Arizona Indian tribe that allows
				the person to use a restricted use pesticide.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 3 - PESTICIDE USE, SALES, AND EQUIPMENT › Section R3-3-306 - Receipt of Restricted Use Pesticides by Noncertified Persons

Current through Register Vol. 30, No. 28, July 12, 2024
A. A person
				shall not sell, offer for sale, deliver, or offer for delivery a restricted use
				pesticide to another person other than a certified applicator without having
				first obtained written documentation from a certified applicator or a
				noncertified recipient that the material is to be applied by or under the
				supervision of a certified applicator.
B. The seller shall obtain one of the
				following types of written documentation to satisfy the requirement in
				subsection (A):
1. A photocopy or fax of the
				certificate issued to the certified applicator who will be applying or
				supervising application of the restricted use pesticide and:
a. A statement signed by the certified
				applicator, authorizing and identifying the noncertified individual to purchase
				or receive the restricted use pesticide for the certified applicator;
				or
b. A copy of a signed contract
				or agreement, authorizing and identifying the noncertified person to receive
				the restricted use pesticide for the certified applicator;
				or
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 3 - PESTICIDE USE, SALES, AND EQUIPMENT › Section R3-3-307 - Aircraft and Drones; Agricultural Aircraft and Drone Pilots

Current through Register Vol. 30, No. 28, July 12, 2024
A. A person
				shall not operate an aircraft to apply pesticides in this state unless the
				aircraft has a valid tag issued under R3-3-206 and a valid Federal Aviation
				Administration airworthiness certificate issued according to
				14 CFR §§
										21.171 et seq. (29 FR 14569, October 24,
				1964, as amended by 74 FR 53384, Oct. 16, 2009,
https://www.ecfr.gov/current/title-14/chapter-I/subchapter-C/part-21/subpart-H
.
				This material is incorporated by reference, on file with the Department, and
				does not include any later amendments or editions.).
B. A person shall not operate a drone to
				apply a pesticide in this state unless the drone has a valid tag issued under
				R3-3-206 and a valid registration issued according to
				14 CFR §
										48.1 (80 FR 78645, Dec. 16, 2015, as amended
				by Doc. No. FAA-2018-1084, 84 FR 3673, Feb. 13, 2019,
https://www.ecfr.gov/current/title-14/chapter-I/subchapter-C/part-48
.
				This material is incorporated by reference, on file with the Department, and
				does not include any later amendments or editions.).
C. A custom
				applicator shall not permit an individual who does not hold a valid
				agricultural aircraft pilot license and a valid commercial applicator
				certification to apply pesticides by aircraft.
D. A custom applicator shall not permit an
				individual who does not hold a valid agricultural drone pilot license and a
				valid commercial applicator certification to apply pesticides by
				drone.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 3 - PESTICIDE USE, SALES, AND EQUIPMENT › Section R3-3-308 - Pesticide Containers and Pesticides; Storage and Disposal

Current through Register Vol. 30, No. 28, July 12, 2024
A. Each person
				storing pesticides or non-triple rinsed pesticide containers shall:
1. Provide a secure, well-ventilated storage
				location;
2. Verify that the
				containers are nonleaking and closed if not in use; and
3. Conspicuously post a sign at the entrance
				to the storage area warning others that pesticides are stored inside.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 3 - PESTICIDE USE, SALES, AND EQUIPMENT › Section R3-3-309 - Returnable, Reusable, Recyclable, and Reconditionable Pesticide Containers

Current through Register Vol. 30, No. 28, July 12, 2024
A. A pesticide
				container, as defined in
				R3-3-101, labeled as
				a returnable, reusable container, or for which the label contains provisions
				for recycling or reconditioning, may be shipped according to label directions
				to a dealer, distributor, formulator, or a reconditioning or recycling facility
				that is operated in accordance with applicable laws.
B. If a pesticide container is being held for
				shipment under subsection (A), the person holding the container shall,
				immediately after use, place it in a secure environment, inaccessible for any
				use other than shipment according to label directions.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 3 - PESTICIDE USE, SALES, AND EQUIPMENT › Section R3-3-310 - Fumigation Use

Current through Register Vol. 30, No. 28, July 12, 2024
A. An individual
				shall not perform a fumigation unless the individual is a certified fumigant
				applicator or a certified fumigant applicator is physically present in the
				immediate vicinity supervising the individual performing the
				fumigation.
B. An individual
				storing, handling, or applying a fumigant shall follow all label requirements.
				If the label does not specify warning requirements, the individual shall comply
				with the following provisions:
1. Before the
				fumigation begins, warning signs shall be posted in visible locations on or in
				the immediate vicinity of all entrances to and on every side of the space or
				area being fumigated.
2. Warning
				signs shall be printed in red on white background and shall:
a. State the English and Spanish words
				"DANGER/PELIGRO";
b. Contain a
				skull and crossbones symbol if shown on the product label;
c. State "Area or commodity under fumigation.
				DO NOT ENTER/NO ENTRE"; and
d.
				State the name of the fumigant, the date and time the fumigant was injected,
				and the name, e-mail address, if applicable, and telephone number of the
				certified applicator.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 4 - RECORDKEEPING AND REPORTING › Section R3-3-401 - Pesticide Seller Records

Current through Register Vol. 30, No. 28, July 12, 2024
A. A seller of
				any restricted use pesticide, or any agricultural use pesticide shall maintain
				all records showing the receipt, sale, delivery, or other disposition of the
				pesticide or device sold for at least two years from the date of sale. If a
				seller intends to change the location of the records, the seller shall file a
				signed statement with the Department before the move stating the new
				address.
B. When any agricultural
				use pesticide, or a restricted use pesticide is sold, delivered, or otherwise
				disposed of, a seller shall maintain the following records and information:
1. Bill of lading or other similar record of
				the receipt of the pesticide at the selling establishment;
2. Seller's dated sales receipt, delivery
				receipt, or invoice of the transaction, delivery, or other disposition of the
				pesticide;
3. Name and address of
				the purchaser;
4. PGP number, or
				the PMD license number of the purchaser, if applicable;
5. State special local need registration
				number issued under Section 24 of FIFRA, if applicable;
6. Emergency exemption permit number granted
				by the EPA under Section 18 of FIFRA, if applicable;
7. Experimental use permit number, if
				applicable;
8. Pesticide brand name
				and the EPA registration number; and
9. Quantity of the pesticide sold to the
				purchaser.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 4 - RECORDKEEPING AND REPORTING › Section R3-3-402 - Private and Golf Applicator Records; Restricted Use Pesticide

Current through Register Vol. 30, No. 28, July 12, 2024
A. Following an
				application to an application site of a restricted use pesticide, a pesticide
				registered under Section 18 of FIFRA, or an experimental use permitted
				pesticide, a private applicator shall complete an application record on a form
				approved by the Department, which includes the following:
1. Name of the private applicator and the
				applicator's certification number; as required,
2. Name and permit number of the
				seller;
3. Name of the pesticide
				applied and its EPA registration number;
4. Date and time of application;
5. Name of regulated grower;
6. Method of application;
7. Crop name or site and the number of acres
				treated with the pesticide;
8. Rate
				per acre of the active ingredient or formulation of the pesticide;
9. Total volume of pesticide used per acre;
				and
10. County, township, range,
				and section of the field that received the application.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 4 - RECORDKEEPING AND REPORTING › Section R3-3-403 - Bulk Release Report

Current through Register Vol. 30, No. 28, July 12, 2024
A. An applicator
				shall notify the Department at the Pesticide Hotline, 1-800-423-8876, as soon
				as practical after a bulk release, but no later than three hours after the bulk
				release. If the bulk release is on a public highway or railway, or results in
				the death of an individual, the applicator shall immediately call 911, then
				report the incident to the ADEQ's Environmental Emergency Response Unit by
				calling (602) 390-7894, within 24 Hours.
B. Within 30 days after a bulk release, the
				applicator shall provide a written report to the Department listing all details
				of the release, including:
1. Location and
				cause of the release;
2.
				Disposition of the pesticide released;
3. Measures taken to contain the bulk
				release;
4. Name and EPA
				registration number of the pesticide released;
5. Name, e-mail address, if applicable, and
				telephone number of the applicator's contact person;
6. Date and time of the release;
7. Specific environment into which the
				release occurred;
8. Known human
				exposure to the pesticide, if observed; and
9. Estimated amount of pesticide or pesticide
				mixture released.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 4 - RECORDKEEPING AND REPORTING › Section R3-3-404 - Form 1080; Reports to the Department

Current through Register Vol. 30, No. 28, July 12, 2024
A. A custom
				applicator shall submit to the Department, by mail or fax, a completed and
				signed Form 1080, as prescribed in
				R3-3-302.
B. A regulated grower shall submit to the
				Department, by mail or fax, a completed and signed Form 1080, as prescribed in
				R3-3-302, for application of a pesticide containing an active ingredient that
				appears on the ADEQ groundwater protection list, and is soil-applied, as
				defined in A.A.C.
				R18-6-301.
C. A custom applicator or regulated grower
				may report continued pesticide applications and spot applications within the
				same reporting period on a single Form 1080.
D. A custom applicator or a regulated grower
				shall submit the Form 1080 to the Department during the reporting
				period.
E. A PCA or custom
				applicator shall retain a copy of each Form 1080 for at least two years from
				the date of the application.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 4 - RECORDKEEPING AND REPORTING › Section R3-3-405 - Disposal Records; Agricultural Pesticide Concentrate

Current through Register Vol. 30, No. 28, July 12, 2024
An applicator shall maintain the following information for
				  two years:
1. EPA registration number,
				product name, active ingredient, and amount of agricultural pesticide
				concentrate disposed of;
2. Date of
				disposal;
3. Method of disposal;
				and
4. Specific location of the
				disposal site, or name of licensed disposal contractor.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 5 - NONEXCLUSIVE LISTS OF SERIOUS, NONSERIOUS, AND DE MINIMIS VIOLATIONS › Section R3-3-501 - Serious Violations

Current through Register Vol. 30, No. 28, July 12, 2024
The following is a nonexclusive list of acts that are serious
				  violations if exposure to the pesticide produces a substantial probability that
				  death or serious physical harm could result, unless the violator did not, and
				  could not with the exercise of reasonable diligence, as documented in the
				  investigative record, know of such safety or human health risk, in which case
				  the violation is nonserious:
1.
				Storing a pesticide or pesticide container improperly,
2. Dumping or disposing a pesticide or
				pesticide container in violation of this Chapter,
3. Leaving a pesticide or pesticide container
				unattended,
4. Spraying or applying
				a pesticide in a manner inconsistent with labeling instructions, or
5. Adulterating a pesticide.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 5 - NONEXCLUSIVE LISTS OF SERIOUS, NONSERIOUS, AND DE MINIMIS VIOLATIONS › Section R3-3-502 - Nonserious Violations

Current through Register Vol. 30, No. 28, July 12, 2024
A. General
				violations. The following is a nonexclusive list of acts that are nonserious
				violations if the violation has a direct or immediate relationship to safety,
				health, or property damage, but does not constitute a de minimis violation or a
				serious violation, unless the violator did not, and could not with the exercise
				of reasonable diligence, know of such safety, health, or property damage risk
				in which case the violation is de minimis. A person shall not:
1. Improperly store, dump, or leave
				unattended any pesticide, pesticide container or part of a pesticide container,
				or service container.
2. Make a
				false statement or misrepresentation in an application for a permit, license,
				or certification, or a permit, license, or certification renewal.
3. Falsify any records or reports required to
				be made under Articles 2 through 4 of this Chapter.
4. Operate an aircraft, drone, or ground
				equipment in a faulty, careless, or negligent manner during the application of
				a pesticide.
5. Apply or instruct
				another to apply a pesticide so that it comes into contact with:
a. An individual;
b. An animal; or
c. Property, other than the application site
				being treated.
6. Use,
				apply, or instruct another to apply a pesticide in a manner or for a use
				inconsistent with its pesticide label or labeling except as provided by
				R3-3-301(A).
7. Unless being used
				under an approved EUP or being used on research facility, use, sell, apply,
				store, or instruct another to use, sell, apply, or store a pesticide:
a. That is not registered with the Department
				and the EPA, or
b. Outside the EPA
				authorized end-use provision if previously registered with the Department and
				the EPA and cancelled or suspended by the EPA.
8. Fail to provide accurate or approved
				labeling when registering a pesticide.
9. Using a restricted use pesticide without
				proper certification, or under the direct supervision of a properly certified
				applicator, when allowed.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 5 - NONEXCLUSIVE LISTS OF SERIOUS, NONSERIOUS, AND DE MINIMIS VIOLATIONS › Section R3-3-503 - De Minimis Violations

Current through Register Vol. 30, No. 28, July 12, 2024
A. Seller
				violations. It is a de minimis violation if a seller:
1. Fails to record seller and PGP numbers on
				containers, cartons, and delivery tickets;
2. Fails to register the seller's responsible
				individual; or
3. Fails to maintain
				complete records as required under Articles 2 through 4 of this
				Chapter.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 5 - NONEXCLUSIVE LISTS OF SERIOUS, NONSERIOUS, AND DE MINIMIS VIOLATIONS › Section R3-3-504 - Mitigation

Current through Register Vol. 30, No. 28, July 12, 2024
A. A violation
				listed in
				R3-3-501 is a
				nonserious violation if:
1. The violator did
				not, and could not with the exercise of reasonable diligence, know of the
				safety or human health risk involved; or
2. The release is done to avoid an accident
				that would have resulted in greater harm than that caused by the pesticide
				release or is caused by mechanical malfunction beyond the control of the
				operator.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 5 - NONEXCLUSIVE LISTS OF SERIOUS, NONSERIOUS, AND DE MINIMIS VIOLATIONS › Section R3-3-505 - Unlisted Violations

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				Department shall classify a violation of Articles 2 through 4 of this Chapter
				or of A.R.S. Title 3, Chapter 2, Article 6 that is not listed in
				R3-3-501,
				R3-3-502, or R3-3-503 as a serious,
				nonserious, or de minimis violation depending upon the specific factual
				circumstances surrounding the violation.
B. A third de minimis violation of the same
				or similar type in a three-year period is a nonserious violation.
C. According to A.R.S. §
									3-370, in addition to the civil
				penalties prescribed by the section, a person who knowingly or willfully
				commits a violation of this Article may be charged as follows:
1. For any nonserious violation of this
				Article that results in the harm to the environment or economy that results in
				the loss of $10,000 or less may be found guilty of a class 1 misdemeanor;
				or
2. For any serious violation of
				this Article that results in the harm to human or animal health, the
				environment, or the economy of $10,000 or more may be found guilty of a class 6
				felony.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 7 - PESTICIDE › Section R3-3-701 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In addition to the definitions in A.R.S. §
									3-341, the following terms apply to
				  this Article:
"Discontinuation"
				  means when the registrant is no longer distributing a pesticide into
				  Arizona.
"Official sample"
				  means any sample of pesticide taken by the Associate Director, or the Associate
				  Director's agent, and designated as official.
"Pest" means, in addition to the pests declared in A.R.S.
				  §
									3-341(20), all
				  birds, mammals, reptiles, amphibians, fish, slugs, snails, crayfish, roots, and
				  plant parts.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 7 - PESTICIDE › Section R3-3-702 - Pesticide Registration; Fee

Current through Register Vol. 30, No. 28, July 12, 2024
A. Registration.
				Any person registering a pesticide shall comply with the ADEQ pre-registration
				requirements according to A.A.C.
				R18-6-102, prior to submitting a
				pesticide registration according to this Article, and provide the following
				documents and information on a form provided by the Department with a
				nonrefundable $100 fee for each pesticide, for each year of the registration:
1. The name, address, telephone number, and
				signature of the applicant;
2. The
				name and address of the company appearing on the label;
3. The tax identification number or Social
				Security number of an individual applying;
4. The date of the application;
5. The brand and name of the pesticide being
				registered;
6. The EPA registration
				number of the pesticide if applicable;
7. The analytical methods for any analyses of
				residues for the active ingredients of the pesticide, when requested by the
				Department;
8. The toxicological
				and safety data, when requested by the Department;
9. The name and telephone number of the
				person providing the analytical methods, and toxicological and safety
				data;
10. One pesticide label for
				any pesticide not previously registered;
11. The material safety data sheet for each
				pesticide; and
12. The license
				time-period option.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 7 - PESTICIDE › Section R3-3-703 - General Provisions

Current through Register Vol. 30, No. 28, July 12, 2024
A. Discontinued
				pesticides. In addition to the requirements for discontinued pesticides
				established in A.R.S. §
									3-351(K), any
				person holding a pesticide found in the channels of trade following the
				two-year discontinuation period shall be responsible to register or dispose of
				the pesticide.
B. Sampling.
1. The Associate Director, or the Associate
				Director's agent, may sample, inspect, and analyze any pesticide distributed
				within the state to determine whether the pesticide is in compliance with the
				provisions of this Article and laws pertaining to this Article, or if a
				complaint has been filed with the Department.
2. The analytical results of pesticide
				formulations as listed on a label shall comply with the allowed deviations
				listed in R3-3-704(B).
3. The results of an official analyses of any
				pesticide not in compliance with the allowed deviations listed in
				R3-3-704(B) shall
				be sent to the Associate Director, to the registrant, or other responsible
				person. Upon request, and within 30 days, the Associate Director shall provide
				the registrant or other responsible person a portion of the noncompliant
				pesticide sample.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 7 - PESTICIDE › Section R3-3-704 - Labels

Current through Register Vol. 30, No. 28, July 12, 2024
A. Within two
				weeks of a pesticide label revision, a registrant shall provide the Department
				with one pesticide label that has been revised since the pesticide was
				originally registered.
B. The
				Associate Director may request a copy of a pesticide label if the label on file
				is older than three years.
C. Table of allowed deviations of analytical
				results from label claims for active ingredients in pesticide formulas is as
				follows:
Claim %
HCV(1) %
HSD(2)
Allowed Deviations for
							 "uniform"(3) samples
Allowed Deviations for
							 "non-uniform"(4) samples
Claim
- 3HSD
Claim
+ 6HSD
Claim
- 4HSD
Claim
+ 8HSD
0.001
11.31
0.00011
0.00066
0.00168
0.00055
0.00191
0.005
8.88
0.00044
0.0037
0.0077
0.0032
0.0086
0.008
8.27
0.00066
0.0060
0.0120
0.0054
0.0133
0.01
8.00
0.00080
0.0076
0.0148
0.0068
0.0164
0.03
6.78
0.0020
0.024
0.042
0.022
0.046
0.06
6.11
0.0037
0.049
0.082
0.045
0.089
0.10
5.66
0.0057
0.083
0.13
0.077
0.145
0.40
4.59
0.018
0.34
0.51
0.33
0.55
0.80
4.14
0.033
0.70
1.00
0.67
1.06
1.0
4.00
0.040
0.88
1.24
0.84
1.32
2.0
3.60
0.072
1.78
2.43
1.71
2.58
4.0
3.25
0.13
3.61
4.78
3.48
5.04
6.0
3.05
0.18
5.45
7.10
5.27
7.47
10.0
2.83
0.28
9.15
11.70
8.87
12.26
15.0
2.66
0.40
13.80
17.39
13.40
18.19
20.0
2.55
0.51
18.47
23.06
17.96
24.08
25.0
2.46
0.62
23.15
28.70
22.54
29.93
30.0
2.40
0.72
27.84
34.32
27.12
35.75
35.0
2.34
0.82
32.54
39.92
31.72
41.56
40.0
2.30
0.92
37.25
45.51
36.33
47.35
45.0
2.26
1.01
41.96
51.09
40.94
53.12
50.0
2.22
1.11
46.67
56.66
45.56
58.88
60.0
2.16
1.30
56.11
67.78
54.82
70.37
70.0
2.11
1.48
65.57
78.86
64.09
81.82
80.0
2.07
1.65
75.04
89.93
73.38
93.24
90.0
2.03
1.83
84.51
100.97
82.68
104.63
(1) HCV(%) = Horwitz Coefficients
				  of Variation = 2 
				  (1 -0.5 log (claim %/100))
(2) HSD = Horwitz Standard
				  Deviation = (Claim %) HCV %)/100
(3) "Uniform" samples are
				  homogeneous products which can be analyzed by established procedures. In most
				  cases, validated analytical methods are available for these samples.
(4) "Non-uniform" samples are
				  non-homogeneous samples or products which are difficult to sample or subsample.
				  These products may not be uniformly mixed or packaged and include some special
				  formulations like natural products. These types of samples include fertilizer
				  containing pesticides, pesticides in pressurized containers, strips, plastic
				  bands, collars, grain and other carriers. Natural product formulations such as
				  rotenone and pyrethrin are also included in this group. When it is necessary to
				  use methods which are not validated for accuracy, precision, and
				  reproducibility in a specific matrix, the "non-uniform" guidelines may be used
				  for allowed deviations. The Department may use judgment in placing a sample
				  into the "uniform" or "non-uniform" category.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 8 - FERTILIZER MATERIALS › Section R3-3-801 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In addition to terms and definitions in the Official
				  Publication, which is incorporated by reference, on file with the Department,
				  and does not include any later amendments or editions, and the definitions in
				  A.R.S. §
									3-262, the following term applies
				  to this Article:
"Official Publication" means the "Official Publication -
				  AAPFCO" of the Association of American Plant Food Control Officials, No. 76,
				  2023. A copy is available for inspection at the Department located at 1110 West
				  Washington Street, Suite 450, Phoenix, AZ 85007, or online subscription may be
				  purchased online at aapfco.org/publications.html.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 8 - FERTILIZER MATERIALS › Section R3-3-802 - Licensure; Specialty Fertilizer Registration; Fees

Current through Register Vol. 30, No. 28, July 12, 2024
A. Commercial
				fertilizer license. Any person applying for a commercial fertilizer license,
				under A.R.S. §
									3-272, to manufacture or distribute
				commercial fertilizer, shall provide the following information on the license
				application provided by the Department with a nonrefundable fee of $125 for
				each year of the license:
1. The
				name, title, and signature of the applicant;
2. The date of the
				application;
3. The distributor or
				manufacturer name, mailing address, telephone, and email address;
4. The
				tax identification number or Social Security number of an individual
				applying;
5. The physical
				location, telephone, and email address of the distributor or manufacturer, if
				different than subsection (A)(3);
6. The name, address,
				telephone, and email address of the distributor or manufacturer where
				inspection fees are paid, if different than subsection (A)(3); and
7. The
				license time-period option.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 8 - FERTILIZER MATERIALS › Section R3-3-803 - Tonnage Reports; Inspection Fee

Current through Register Vol. 30, No. 28, July 12, 2024
A. Quarterly
				tonnage reports and inspection fee.
1. The
				inspection fee for all commercial fertilizers, including specialty fertilizers,
				sold or distributed in Arizona is 25¢ per ton. The tonnage shall be
				rounded to the nearest whole ton.
2. Any applicant applying for and receiving a
				new license after March 15, June 15, September 15, or December 15 is not
				required to file a quarterly tonnage report for the quarter in which the
				license application is issued. Any commercial fertilizer distributed in the
				final two weeks of the initial application quarter shall be included on the
				next full quarterly report. Any person who distributed commercial fertilizer
				without a license as required under A.R.S. §
										3-272 shall pay all past due
				inspection fees and late penalties before a license is issued.
3. Any licensee not estimating annual tonnage
				shall file the following information on a quarterly statement provided by the
				Department no later than the last day of January, April, July, and October of
				each year for the preceding calendar quarter and pay the inspection fees and
				any penalties, if applicable:
a. If the
				inspection fee is being passed on to the purchaser:
i. The assigned number and name of the
				currently licensed company;
ii. The
				commercial fertilizer by code or grade;
iii. The amount of commercial fertilizer in
				whole tons;
iv. The name, title,
				telephone number, and signature of the licensee or the licensee's authorized
				representative; and
v. The date of
				the report.
b. If the
				licensee pays tonnage fees for the distribution of a commercial fertilizer:
i. The grade;
ii. The amount of commercial fertilizer
				distribution by county;
iii. If the
				commercial fertilizer is dry, whether it is a bulk agricultural product, a
				bagged agricultural product, or a non-agricultural product;
iv. If the commercial fertilizer is liquid,
				whether it is an agricultural or non-agricultural product;
v. The name, title, telephone number, and
				signature of the licensee or the licensee's authorized representative;
				and
vi. The date of the
				report.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 8 - FERTILIZER MATERIALS › Section R3-3-804 - General Provisions

Current through Register Vol. 30, No. 28, July 12, 2024
A. Labeling.
1. The grade numbers for primary nutrients
				that accompany the brand name of a commercial fertilizer shall be listed on the
				label in the following order: total nitrogen, available phosphate, and soluble
				potash. Other guaranteed nutrient values shall not be included with the grade
				numbers unless:
a. The guaranteed nutrient
				value follows the grade number;
b.
				The guaranteed nutrient value is immediately preceded with the name of the
				claimed nutrient to which it refers in the guaranteed analysis; and
c. The name printed on the label is as
				prominent as the numbers.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 9 - COMMERCIAL FEED › Section R3-3-901 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In addition to the definitions in A.R.S. §
									3-2601, the following terms apply
				  to this Article:
"Commercial
				  feed" means all materials, except whole seeds unmixed or physically altered
				  entire unmixed seeds, that are distributed for use as feed or for mixing in
				  feed. Commercial feed includes raw agricultural commodities distributed for use
				  as feed or for mixing in feed when the commodities are adulterated within the
				  meaning of section
				  3-2611.
A.R.S. §
									3-2601(3)
"Lot" means any
				  distinct, describable, and measurable quantity that contains no more than 100
				  tons.
"Official
				  Publication" means the publication "Official Publication " (2023), that
				  contains the latest approved documents of the Association of American Feed
				  Control Officials. This material is incorporated by reference, is on file with
				  the Department and includes no later amendments or additions. A copy is
				  available for inspection at the Department located at 1110 West Washington
				  Street, Suite 450, Phoenix, AZ 85007, or online subscription may be purchased
				  online at
https://www.aafco.org/Publications
.
"Pneumatic probe sampler" means a device for taking samples
				  of grain and other particulate material from the bottom of a bin comprises two
				  concentric tubes spaced sufficiently apart to permit passage of the material
				  when entrained in a stream of air. The outer longer tube has a serrated edge to
				  enable it to penetrate dense sections, while the inner, shorter tube is
				  provided with helical vanes. Air, blown down the outer tube is caused to swirl
				  in a vortex by the helical vanes, thereby entraining material lodged near the
				  bottom of the outer tube. The air, together with entrained material, passes up
				  the inner tube and is conducted to a cyclone separator to recover the sample.
				  (U.S. Patent, US3580084A, May 25, 1971, Expired)
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 9 - COMMERCIAL FEED › Section R3-3-902 - Licensure; Fee; Ammoniation

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any person
				applying for a commercial feed license to manufacture or distribute commercial
				feed shall provide the following information and a nonrefundable fee of $10 for
				each year of the license:
1. A copy of the
				label of each commercial feed product intended for distribution within the
				state or not already filed by the applicant with the Department; and
2. The following information on the license
				application provided by the Department:
a. The
				name, title, and signature of the applicant;
b. The distributor or manufacturer name,
				mailing address, telephone, and email address;
c. The tax identification number or Social
				Security number of an individual applying;
d. The date of the application;
e. The physical location, telephone, and
				email address of the distributor or manufacturer, if different than subsection
				(A)(2)(b);
f. The name, address,
				telephone, and email address of the distributor or manufacturer where
				inspection fees are paid, if different than subsection (A)(2)(b); and
g. The license time-period option.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 9 - COMMERCIAL FEED › Section R3-3-903 - Tonnage Reports; Inspection Fee

Current through Register Vol. 30, No. 28, July 12, 2024
A. Quarterly
				tonnage report and inspection fee.
1. The
				inspection fee for all commercial feed sold or distributed in Arizona is
				20¢ per ton. The tonnage shall be rounded to the nearest whole
				ton.
2. Any applicant applying for
				and receiving a new license after March 15, June 15, September 15, or December
				15 is not required to file a quarterly tonnage report for the quarter in which
				the license application is issued, but shall report the tonnage on the
				following quarterly tonnage report. Any person who distributed commercial feed
				without a license as required under A.R.S. §
										3-2609 shall pay all past due
				inspection fees and late penalties before a license is issued.
3. Any licensee not estimating annual tonnage
				shall file the following information on a quarterly statement provided by the
				Department no later than the last day of January, April, July, and October of
				each year for the preceding calendar quarter and pay the inspection fees and
				any penalties, if applicable:
a. If the
				inspection fee is being passed on to the purchaser:
i. The commercial feed license number issued
				according to this Article and name of the currently licensed company;
ii. The amount of commercial feed in whole
				tons and by type, indicating whether the commercial feed is bagged or
				bulk;
iii. The name, title,
				telephone number, and signature of the licensee or the licensee's authorized
				representative; and
iv. The date of
				the report.
b. If the
				licensee pays a tonnage fee for the distribution of a commercial feed:
i. The amount of commercial feed in whole
				tons and by type, indicating whether the commercial feed is bagged or
				bulk;
ii. The name, title,
				telephone number, and signature of the licensee or the licensee's authorized
				representative; and
iii. The date
				of the report.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 9 - COMMERCIAL FEED › Section R3-3-904 - Milk and Milk Products Decharacterized for Use as Commercial Feed

Current through Register Vol. 30, No. 28, July 12, 2024
A. A person
				shall not sell, offer for sale, store, transport, receive, trade or barter, any
				milk or milk product for commercial feed unless the milk or milk product:
1. Meets Grade A milk standards as specified
				in A.A.C. R3-2-802;
2. Is produced as prescribed in A.A.C.
				R3-2-805; or
3. Is decharacterized with food coloring
				approved under the Federal Food, Drug, and Cosmetic Act, according to
				21 CFR §§
											73.1 et seq. (amended November 10, 2022,
https://www.ecfr.gov/current/title-21/chapter-I/subchapter-A/part-73
)
				and 21 CFR §§
											74.101 et seq. (amended April 5, 1993,
https://www.ecfr.gov/current/title-21/
chapter-I/subchapter-A/part-74/subpart-A). This material is incorporated by
				reference, is on file with the Department and does not include any later
				amendments or editions, and the decharacterization:
a. Does not affect nutritive value;
				and
b. Matches the color on the
				Color Requirement card. Any person decharacterizing milk and milk products may
				obtain a Color Requirement card from the Arizona Department of Agriculture, at
				1010 W. Washington Street, Phoenix, Arizona 85007, or by requesting by mail at
				1802 West Jackson Street, #78, Phoenix Arizona 85007.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 9 - COMMERCIAL FEED › Section R3-3-905 - Labeling; Precautionary Statements

Current through Register Vol. 30, No. 28, July 12, 2024
A. Ingredient
				statement.
1. Each ingredient or collective
				term for the grouping of ingredients not defined in the Official Publication
				shall be a common name.
2. All
				labels for commercial feed and customer-formula feed containing cottonseed or a
				cottonseed product shall separately list the ingredients in the ingredient
				statement in addition to any collective term listed.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 9 - COMMERCIAL FEED › Section R3-3-906 - Non-protein Nitrogen

Current through Register Vol. 30, No. 28, July 12, 2024
A. Urea
				and other non-protein nitrogen products are acceptable ingredients in
				commercial feed for ruminant animals as a source of equivalent crude protein.
1. If commercial feed contains more than
				8.75% of equivalent crude protein from all forms of non-protein nitrogen or if
				the equivalent crude protein from all forms of non-protein nitrogen exceeds 1/3
				of the total crude protein, the label shall include directions for the safe use
				of the feed and the following precautionary statement: "Caution: Use as
				Directed."
2. The directions for
				use and the precautionary statement shall be printed and placed on the label so
				that an ordinary person under customary conditions of purchase and use can read
				and understand the directions.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 9 - COMMERCIAL FEED › Section R3-3-910 - Drug and Feed Additives

Current through Register Vol. 30, No. 28, July 12, 2024
A. Drug and feed
				additive approval.
1. Before a label is
				approved by the Associate Director for commercial feed containing additives
				(including drugs, other special purpose additives, or non-nutritive additives),
				the distributor may be required to submit evidence demonstrating the safety and
				efficacy of the commercial feed when used according to the label directions if
				the material is not recognized as a commercial feed.
2. If a complaint has been filed with the
				Department, the distributor may be required to submit evidence demonstrating
				the safety and efficacy of the commercial feed when used according to the label
				directions.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 10 - AGRICULTURAL SAFETY › Section R3-3-1001 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In addition to the definitions set forth in A.R.S. §
									3-3101 and as defined in the
				  federal regulations under 40
				  CFR §
										170.305 (as amended October 30,
				  2020,
https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170/subpart-D/section-170.305
This material is incorporated by reference, is on file with the Department and
				  does not include any later amendments or editions), the following terms apply
				  to this Article:
"Farm labor
				  contractor" means any person who hires or contracts for the services of workers
				  for any type of compensation, to perform activities related to the production
				  of agricultural plants, but does not own or is not responsible for, the
				  management or condition of an agricultural establishment.
"Flagger" means a
				  person who indicates an aircraft spray swath width from the ground.
"Pest control
				  advisor" means a crop advisor, as defined in the Worker Protection Standard,
				  who assesses pest numbers or damage, pesticide distributions, or the status or
				  requirements to sustain the agricultural plants. The term does not include a
				  person who performs hand-labor tasks or handling activities.
"Restricted-entry
				  interval" means the time after the completion of a pesticide application during
				  which entry into a treated area is restricted as indicated by the pesticide
				  product label.
"Restricted
				  use pesticide" means a pesticide classified as such by the United States
				  Environmental Protection Agency
(A.R.S. §
									3-361(8)).
"Worker Protection Standard" or "WPS" means the regulations
				  as prescribed in 40 CFR
				  §§
										170.1 et seq., excluding
				  40 CFR §§
										170.401(c)(4) and
				  170.501(c)(4) (as
				  amended October 30, 2020,
https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170
).
				  This material is incorporated by reference, on file with the Department and
				  does not include any later amendments of editions.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 10 - AGRICULTURAL SAFETY › Section R3-3-1003 - Worker and Handler Trainers; Records

Current through Register Vol. 30, No. 28, July 12, 2024
A. Trainer
				requirements.
1. A person applying for
				pesticide safety trainer certification shall:
a. Complete the Worker Protection Standard
				compliant pesticide safety training program administered by the Department;
				or
b. Hold a current PCA license or
				restricted use certification, issued by the Department for a PCA or certified
				applicator, as prescribed under
				R3-3-207 or
				R3-3-208.
2. An applicant shall submit a signed and
				dated affidavit to the Department verifying that each worker or handler will be
				trained according to the training requirements of the Worker Protection
				Standard. The affidavit shall include the applicant's name, address, e-mail
				address, telephone and fax numbers, as applicable.
3. Trainer
				certification is:
a.
				Nontransferable;
b. Valid for three
				years from the date issued under subsection (A)(1)(a), excluding the month in
				which the trainer was certified, and is renewable upon completion of the Worker
				Protection Standard compliant pesticide safety training program administered by
				the Department; or
c. Valid
				initially for one year from the date issued under subsection (A)(1)(b),
				excluding the month in which the trainer certification was issued;
				and.
d. If the PCA license or
				restricted use certification remains current, is renewable for three years upon
				completion of the Worker Protection Standard compliant pesticide safety
				training administered by the Department.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 10 - AGRICULTURAL SAFETY › Section R3-3-1004 - Notification Requirements for Farm Labor Contractors

Current through Register Vol. 30, No. 28, July 12, 2024
A. The owner or
				operator of an agricultural establishment shall provide the farm labor
				contractor who performs work on that agricultural establishment with:
1. The location of the agricultural
				establishment's central posting site; and
2. The restrictions on entering the treated
				area as specified in 40 CFR
				§
											170.120(d) of the
				WPS, if a treated area is within 1/4 mile of where workers will be working and
				the treated area is not posted as allowed or required in
				40 CFR §
											170.120(a), (b) and (c) of
				the WPS.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 10 - AGRICULTURAL SAFETY › Section R3-3-1005 - Container Used for Mixing or Applying Pesticides

Current through Register Vol. 30, No. 28, July 12, 2024
A. All openings on containers used for
				applying pesticides shall be equipped with covers that prevent splashes and
				spills.
B. All containers shall:
1. Be translucent, or
2. Have a means to indicate externally the
				internal liquid level in the container, or
3. Have a filler hose nozzle that
				automatically stops the filling operation before the liquid pesticide mixture
				spills over the top of the container.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 10 - AGRICULTURAL SAFETY › Section R3-3-1006 - Agricultural Emergency

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any grower, a
				group of growers, or designee may request the Assistant Director for an
				agricultural emergency.
B.
				Possibility of agricultural emergency.
1. If
				during business hours information is obtained showing that a declaration of an
				agricultural emergency is necessary, the requesting party shall notify the
				Department immediately and provide the following information:
a. The cause of the emergency,
b. The area where the emergency may
				occur,
c. An explanation of why
				early entry is necessary,
d. Why
				other methods cannot be used to avoid the early entry, and
e. The justification that substantial
				economic loss will occur.