reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-13 - SALE AND USE OF PESTICIDES › Section 80-1-13-.03 - Pesticide Containers

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
				practice of opening a manufacturer's sealed, properly labeled container
				containing pesticides and selling portions thereof in unlabeled, unsealed
				containers is expressly prohibited. The sale, offering for sale, or
				transportation of any pesticide shall be accomplished with the pesticide
				contained in the manufacturer's original properly labeled, sealed container,
				except pesticides may be shipped or transported in bulk under certain
				conditions as hereinafter provided.
(2) Pesticides may be shipped or transported
				in large bulk containers, provided a label showing the name of the pesticide,
				together with its chemical name, trade name or common name, if available, the
				percentage of active ingredient, and the necessary and usual caution statement
				is attached and affixed to the container in a conspicuous place.
(3) All containers used to transport
				pesticides in bulk or otherwise, shall conform as closely as possible to the
				United States Department of Transportation's regulations governing
				transportation of explosives and other dangerous articles, except that the
				Commissioner may permit minor deviations where he determines such deviations
				will not endanger man or the environment. The Commissioner shall inspect and
				approve all such bulk containers.
(4) Unless approved in writing by the
				Commissioner, reuse of pesticide containers is prohibited.
(a) The Commissioner may permit reuse of
				pesticide containers on a case by case basis.
(b) Large bulk containers used for bulk
				transportation of pesticides as authorized under paragraphs (1) and (2) of this
				rule shall not be subject to the limited reuse requirement of this
				rule.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-13 - SALE AND USE OF PESTICIDES › Section 80-1-13-.04 - Registrations

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Every pesticide
				or device which is distributed, sold, offered for sale, delivered, or
				transported within this state shall be registered with the Alabama Department
				of Agriculture and Industries in accordance with registration and registration
				requirements of
Code of Ala. 1975
, §
									2-27-9 as follows:
(a) The biennial registration fee
				for a pesticide or device shall not exceed six hundred ($600). The fee
				structure shall be paid according to the following schedule:
1. All registrations issued to registrants
				whose names begin with the letters A through M shall expire on December 31,
				2013. Upon expiration of registration on December 31, 2013, a registrant whose
				name begins with letters A through M may renew a registration for a period of
				two years upon payment of a fee of five hundred dollars ($500) per product. The
				registration shall be valid until December 31, 2015. The registrant may renew
				every two years thereafter upon payment of the fee of six hundred dollars
				($600).
2. All registrations issued
				to registrants whose names begin with the letters N through Z shall expire on
				December 31, 2012. Upon expiration of the registration on December 31, 2012, a
				registrant whose name begins with letters N through Z may renew a registration
				for a period of two years upon payment of a fee of five hundred dollars ($500)
				per product. The registration shall be valid until December 31, 2014. After
				December 31, 2014, the registrant may renew a registration for a period of two
				years upon payment of a fee of six hundred dollars ($600) per
				product.
3. Registrants whose names
				begin with a numeric character shall follow the schedule for the first letter
				of the alphabetic spelling of said numeric character.
4. All registrations issued by the department
				to a registrant who is applying to register an additional pesticide during the
				second year of the registrant's registration period shall expire December 31 of
				that year.
5. An application for
				registration shall be accompanied by a fee of six hundred dollars ($600) for
				each pesticide except as provided in 80-1-13-.04(1) and 80-1-13-.04(1) (a)2 above."
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-13 - SALE AND USE OF PESTICIDES › Section 80-1-13-.06 - Classes Of Permitted Applicators

Current through Register Vol. 42, No. 9, June 28, 2024
Pesticide use permits issued under the provisions of
Code of Ala. 1975
, §
									2-27-11, shall be
				  divided into the following classes:
(a) Private Applicator Permit issued to
				Private Pesticide Applicators.
(b)
				Commercial Applicator Permit issued to all users of restricted use pesticides
				other than Private Applicators. The Commercial Applicator Permits shall be
				further identified and issued according to the type of pesticide application
				the permit applicant will engage in. The types of Commercial Applicator Permits
				shall be as follows:
1. Custom Pesticide
				Applicator.
2. Custodial Pesticide
				Applicator.
3. Governmental
				Pesticide Applicator.
4. Resident
				Pesticide Applicator.
5. Pesticide
				Consultant.
Author:
Charles H. Barnes
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-13 - SALE AND USE OF PESTICIDES › Section 80-1-13-.07 - Categories Of Commercial Type Pesticide Applicators

Current through Register Vol. 42, No. 9, June 28, 2024
Applicators to which commercial pesticide applicator permits,
				  defined in Rule
				  80-1-13-.06 above are issued, shall obtain their permit in one or more of the following
				  categories:
(1) Agricultural Pest
				Control.
(a) Plant. This category includes
				commercial applicators using or supervising the use of restricted use
				pesticides and other pesticides in production of agricultural crops, including
				without limiting, tobacco, peanuts, cotton, feed grains, soybeans, forage,
				vegetables, small fruits, tree fruits and nuts, as well as on grasslands and
				non-crop agricultural lands.
(b)
				Animal. This category includes commercial applicators using or supervising the
				use of restricted use and other pesticides on animals, including without
				limiting, beef cattle, dairy cattle, swine, sheep, horses, goats, poultry, and
				livestock, and to places on or in which animals are confined.
Doctors of Veterinary Medicine engaged in the business of
				  applying restricted use and other pesticides for hire, publicly holding
				  themselves out as pesticide applicators, or engaged in large-scale use of
				  restricted use and other pesticides are exempt from this category.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-13 - SALE AND USE OF PESTICIDES › Section 80-1-13-.08 - Examination Required For Commercial Applicator Permit

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Commercial Applicator Permit applicants
				shall be initially deemed to be competent when the applicant has taken and
				passed a written examination developed, given and graded by the Examining
				Board, created and existing under
Code of Ala. 1975
,
				§
									2-28-2,
				in the category(ies), set out in Rule
				80-1-13-.07 above, the applicant desires permitting. Examination scores shall be valid for
				(12) months after the date of examination. In addition to any other
				requirement, the applicant shall pay a permit fee of $45 per category for which
				the applicant seeks certification or recertification to the Department of
				Agriculture & Industries for the issuance or the reissuance of any
				permit.
(2) The written examination
				for Commercial Applicator Permit shall measure applicant's knowledge and
				understanding of pesticides and the use of pesticides.
(3) A practical knowledge of the principles
				and practices of pest control and safe use of pesticides shall be tested and
				this testing shall be based on examples of problems and situations appropriate
				to the particular category or subcategory of the applicator's certification and
				the following areas of competency:
(a) Label
				and Labeling Comprehension:
1. The general
				format and terminology of pesticide labels and labeling,
2. The understanding of instructions,
				warnings, terms, symbols, and other information commonly appearing on pesticide
				labels,
3. Classification of the
				product, general or restricted, and
4. Necessity for use consistent with the
				label.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-13 - SALE AND USE OF PESTICIDES › Section 80-1-13-.09 - Private Applicator Permit Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) No person younger than eighteen (18)
				years old will be permitted as a private applicator. In hardship cases,
				however, persons under the age of eighteen (18) may be permitted at the
				discretion of the Commissioner after appropriate consultations with the
				affected parties or their representatives. The Commissioner shall determine by
				examination that each applicant for a Restricted Use Pesticide Permit is
				competent to supervise and/or use restricted use pesticides listed on the
				application for permit.
(2) Private
				applicator permit applicants shall be deemed to be competent upon passing a
				standard examination that covers the following topics:
(a) Recognize common pests to be controlled
				and damage caused by them.
(b) Read
				and understand the label and labeling information, including the common name of
				pesticides he applies; pest(s) to be controlled, timing and methods of
				application; safety precautions; any preharvest or reentry restrictions; and
				any specific disposal procedures.
(c) Apply pesticides in accordance with label
				instructions and warnings, including the ability to prepare the proper
				concentration of pesticide to be used under particular circumstances taking
				into account such factors as area to be covered, speed at which application
				equipment will be driven and the quantity dispersed in a given period of
				operation.
(d) Recognize local
				environmental situations that must be considered during application to avoid
				contamination.
(e) Recognize
				poisoning symptoms and procedures to follow in case of a pesticide
				accident.
(f) Applicable state and
				federal laws and regulations.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-13 - SALE AND USE OF PESTICIDES › Section 80-1-13-.10 - Renewal Of Restricted Use Pesticide Use Permits

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Private Pesticide Applicator Permits
				shall be renewable three years from date of issue. The procedure for renewal of
				a private Pesticide Applicator shall be the same as for the initial
				permit.
(2) Commercial pesticide
				applicator permits shall be renewable three years from date of issue and
				renewal shall be based on a point system where the permit holder must
				accumulate a total of 30 points in the three-year period according to the
				following schedule:
(a) Proven attendance at a
				training session approved by the Commissioner in all the categories in which
				the permit holder is certified and desires to retain certification.
(b) Accomplishment of reexamination by
				passing an examination in permit category(ies) previously certified 30
				Points.
(c) Commercial pesticide
				applicator permits shall be renewed for up to one year after the expiration
				date. For renewal by reexamination, the exam(s) shall be passed within twelve
				(12) calendar months of permit expiration date. All renewal paperwork and the
				permit renewal fee must be received by the Department no later than one year
				after permit expiration date.
(d)
				Permits that have been expired for more than one year cannot be renewed. A new
				permit may be obtained as prescribed in Rule No.
				80-1-13-.08.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-13 - SALE AND USE OF PESTICIDES › Section 80-1-13-.11 - Denial, Suspension, Revocation, Or Modification Of Restricted Use Pesticide Use Permits

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
				Commissioner may deny the initial issuance or renewal of a Private Pesticide
				Applicator Permit or a Commercial Pesticide Applicator Permit when it is
				evident that an applicant for such permit has:
(a) Failed to meet the competency standards
				required for issuance of a permit as provided in Rules
				80-1-13-.08 and
				80-1-13-.09 of this Chapter,
(b) Caused injury
				to man and/or the environment by misuse of a pesticide,
(c) Failed or refuses to keep true and
				accurate records of pesticide application as required by Rule
				80-1-13-.14 of
				this Chapter (private applicators shall not be required to keep records of
				pesticide application unless required by the labeling of a
				pesticide),
(d) Violated provisions
				of the Alabama Pesticide Law or any regulations thereof or Federal Insecticide
				Fungicide and Rodenticide Act, as amended,
(e) Used any pesticide in a manner
				inconsistent with its labeling; and all other written, printed or graphic
				matter accompanying the pesticide or device at any time; or to which reference
				is made on the label or in literature accompanying the pesticide or device,
				except to current official publications of the Environmental Protection Agency,
				the United States Departments of Agriculture and Interior, the Department of
				Health, Education and Welfare, state experiment stations, state agricultural
				colleges, and other similar federal or state institutions or agencies
				authorized by law to conduct research in the field of pesticides,
(f) Failed or refuses to comply with the
				permit requirements of these regulations including renewal
				requirements.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-13 - SALE AND USE OF PESTICIDES › Section 80-1-13-.12 - Use Of Restricted Use Pesticides Under Direct Supervision Of A Permitted Pesticide Applicator

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
				Commissioner may allow a competent person to apply restricted use pesticides
				when such application is under the direction of a Private or Commercial
				Pesticide Applicator who holds a valid permit issued by authority of these
				rules and regulations and such permit authorizes the use of the pesticide being
				used.
(2) The Private or Commercial
				Pesticide Applicator Permit holder shall be available to the person under his
				direct supervision based on the hazard of the pesticide application situation
				as follows:
(a) In those cases where physical
				presence of the permit holder is not required, direct supervision may be
				accomplished by providing the competent person detailed written or oral
				instructions for the proper application of the pesticide and instructions or
				provisions for contacting the permit holder in the event he is needed,
				or
(b) More hazardous pesticide
				application situations or the labeling of the pesticide may require the
				physical presence of the permit holder to supervise the application of a
				restricted use pesticide by a nonpermitted applicator, and in such cases, the
				permit holder shall be physically present.
Author:
Charles H. Barnes
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-13 - SALE AND USE OF PESTICIDES › Section 80-1-13-.13 - Enforcement, Inspection, Sampling And Analysis

Current through Register Vol. 42, No. 9, June 28, 2024
(1) To assure himself that all applicable
				provisions of the pesticide law and these rules are being complied with, that
				all pesticides are being mixed, formulated, used, and disposed of in accordance
				with the pesticide's labeling, that all records required are being maintained,
				and that pesticides are not being used in a manner that would unreasonably harm
				man or the environment, the Commissioner or his authorized agent may enter at
				reasonable times onto a pesticide user's premises during periods of pesticide
				application or normal business hours whichever condition applies to the
				situation. During such entry the Commissioner or his agent may examine and copy
				any and all records required by these rules; sample and analyze all pesticides
				diluted ready for application, or ready for dilution for application and
				observe the techniques of application as may be necessary to evaluate such
				techniques in terms of the labeling of the pesticide being applied.
(2) One sample shall be taken by inspection
				personnel from each formulated batch of pesticides found in trade channels and
				the batch number and other identifying information on the container shall be
				shown on the inspection report prepared by the inspector of the Department of
				Agriculture and Industries.
(a) Each sample
				shall be taken from the container by the use of an instrument that will obtain
				a fair and representative mixture of the entire container. The pesticide
				container shall be resealed as necessary by the inspector after the sample is
				taken.
(b) Each sample from a
				pesticide in powder or dust form shall be a minimum of four ounces and each
				liquid sample shall be a minimum of two ounces.
(c) For samples taken from sealed containers
				the manufacturer, as shown by label registration, shall be notified of the
				results of the sample analysis and a copy thereof shall be obtained.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-13 - SALE AND USE OF PESTICIDES › Section 80-1-13-.14 - Books And Records

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				Private Applicators shall not be required to keep books and records unless
				required by the labeling of the pesticides.
(2) All commercial pesticide permit holders
				shall keep for a period of not less than three years books and records which
				shall accurately and truthfully show for each and every application of a
				restricted use and other pesticides the following:
(a) The Environmental Protection Agency
				registration number of the pesticide used,
(b) The amount of the pesticide
				used,
(c) The uses to which the
				pesticide was put including:
1. The crop or
				site on which used,
2. The pest
				being controlled,
3. The rate of
				pesticide application,
4. The
				location of each application, and
5. The date and time of the pesticide
				application.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-13 - SALE AND USE OF PESTICIDES › Section 80-1-13-.15 - Pesticide Classification

Current through Register Vol. 42, No. 9, June 28, 2024
To prevent conflict between requirements of the Federal
				  Insecticide Fungicide and Rodenticide Act as amended and rules and regulations
				  promulgated thereunder and these rules and regulations, the Commissioner shall
				  classify as restricted use pesticides under these rules all pesticides
				  classified as restricted use pesticides by the Administrator of Environmental
				  Protection Agency. In addition the Commissioner may classify as restricted use
				  pesticides any pesticides classified by the Administrator of EPA as general use
				  should the Commissioner consider such restricted classification necessary to
				  protect man and the environment from unreasonable adverse effects from the
				  general use of that pesticide in Alabama.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-27-8,
					 2-27-57.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-13 - SALE AND USE OF PESTICIDES › Section 80-1-13-.16 - Stop Sale, Use, Removal Or Hold Orders

Current through Register Vol. 42, No. 9, June 28, 2024
(1) When a pesticide, pesticide container or
				device is found to be deficient or otherwise in violation of the state
				pesticide laws or rules and regulations promulgated thereunder, the
				Commissioner of Agriculture and Industries or others under his direction shall
				issue a stop sale, stop use, hold or suspension from sale order. The material,
				container or device to which such an order is directed shall be branded not for
				sale or use until further notice. Such orders shall be issued in accordance
				with
Code of Ala. 1975
, §
									2-2-30.
(2) It shall be the responsibility of the
				manufacturer of pesticides that have been found to deviate from the guaranteed
				analysis in excess of that allowed by regulation to return such pesticide to
				the manufacturer or formulator within 30 days following receipt of the
				violation report from the Department of Agriculture and Industries.
(3) The manufacturer shall advise the
				Department of Agriculture and Industries of the date on which the violative
				material is picked up.
(4) The
				manufacturer shall then advise the Department of Agriculture and Industries,
				Agricultural Chemistry Section, in writing within six months after the material
				is returned to the plant as to what disposition was made of such
				material.
(5) Failure to comply
				with these requirements, if proven, may constitute grounds for refusing
				registration of the product.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-27-8,
					 2-27-57.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-13 - SALE AND USE OF PESTICIDES › Section 80-1-13-.17 - Exemptions From Chapter; Exceptions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) As provided under the provisions of
Code of Ala. 1975
, §
									2-27-5,
				bona fide public or private research institutions or agencies are exempt from
				the provisions of the pesticide law or this Chapter. This exemption is also
				extended to the manufacturer, user or shipper of a pesticide for bona fide
				experimental use only, except that an experimental label must be affixed to the
				containers of the pesticide and provided that the manufacturer or shipper
				obtains a permit as prescribed below.
(2) The permit required under the provisions
				of §
									2-27-5(3) above for manufacturers and shippers of pesticides for bona fide experimental
				use only shall not be required when experiments require the use of less than 10
				pounds of technical pesticide or less than five acres in area at one location.
				When the above criteria cannot be met the application for this specialized
				permit shall contain the following information:
(a) Name or code number and amount of the
				pesticide to be used,
(b) Name of
				the person or persons supervising work,
(c) Location of experimental
				project,
(d) Crops or other objects
				on which it will be used,
(e)
				Certification that edible crops, animals or their products from the
				experimental use will not enter trade channels, and
(f) Agreement to provide the Commissioner
				with a report of results of the experiment.
Author:
Charles H. Barnes
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-13 - SALE AND USE OF PESTICIDES › Section 80-1-13-.18 - Penalties For Violation Of Chapter

Current through Register Vol. 42, No. 9, June 28, 2024
The penalty for violation, if proven, of this Chapter shall
				  be as provided under the provisions of
Code of Ala.
				  1975
, §
									2-27-16.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-27-8 and
					 2-27-57.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-14 - APPLICATION OF PESTICIDES BY AIRCRAFT › Section 80-1-14-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
In accordance with the provisions of
Code of Ala.
				  1975
, §
									2-27-50 through
				  §
									2-27-63,
				  which regulates the custom application of pesticides by aircraft and ground
				  equipment, the following regulations relating thereto are hereby approved and
				  adopted by the State Board of Agriculture and Industries for the administration
				  and enforcement of said Act.
Author:
Marise Mims Sandidge
Statutory Authority:
Code of Ala.
					 1975
, §
											2-27-57.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-14 - APPLICATION OF PESTICIDES BY AIRCRAFT › Section 80-1-14-.03 - Classification Of Supervisors And Licensees

Current through Register Vol. 42, No. 9, June 28, 2024
Supervisors shall be classified according to the type of
				  pesticide application performed. Supervisor certification cards and Custom
				  Pesticide Applicator Licenses shall be issued in accordance with the following
				  categories and subcategories providing the applicant for same has met the
				  requirements for qualifications of each:
(1) Category I Demonstration Pest Control.
				This category includes Licensees and Supervisors who use or supervise the use
				of pesticides for the purpose of demonstrating to the public the proper use and
				techniques of application of pesticides excluding compounds and formulations
				used in basic research for the sole purpose of obtaining experimental data or
				research information and not used for the immediate purpose of controlling
				pests or preventing damage to plants, animals or other materials caused by
				pests.
(2) Category II Agricultural
				Pest Control. This category includes Licensees and Supervisors who use or
				supervise the use of pesticides in production of agricultural crops including,
				but not limited to, tobacco, peanuts, cotton, feed grains, soybeans, forage,
				vegetables, small fruits, tree fruits, nuts, and non-crop agricultural
				lands.
(3) Category III Forest Pest
				Control. This category includes Licensees and Supervisors who use or supervise
				the use of pesticides in forests, forest nurseries, and forest seed producing
				areas.
(4) Category IV Right-Of-Way
				Pest Control. This category includes Licensees and Supervisors who use or
				supervise the use of pesticides in the maintenance of public roads, electric
				power lines, pipelines, railroad rights-of-way and other similar rights-of-way
				areas.
(5) Category V Aquatic Pest
				Control. This category includes Licensees and Supervisors who use or supervise
				the use of pesticides which are purposefully applied to standing or running
				water, excluding Licensees and Supervisors engaged in public health-related
				activities included in subrule (6) of this rule.
(6) Category VI Public Health Pest Control.
				This category includes Licensees and Supervisors who use or supervise the use
				of pesticides in public health programs for the management and control of pests
				having medical and public health importance.
Author:
Marise Mims Sandidge
Statutory Authority:
Code of Ala.
					 1975
, §
											2-27-57.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-14 - APPLICATION OF PESTICIDES BY AIRCRAFT › Section 80-1-14-.04 - Supervisor Certification

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				Applicant for Supervisor in one or more of the categories given in Rule No.
				80-1-14-.03 of these Rules must submit statements in writing as to training and experience
				in handling and application of pesticides.
The minimum requirement for an applicant shall be: working
				  under the supervision of a Supervisor for a minimum period of twelve (12)
				  calendar months during a period of actual pesticide application. A minimum of
				  three (3) calendar months of this time must be spent as acting assistant to a
				  Supervisor.
This shall not apply to applicants that meet the requirements
				  of
Code of Ala. 1975
, §
										2-27-55,
				  as it applies to reciprocal licenses.
(2) Applicant for Supervisor in one or more
				of the categories in Rule No.
				80-1-14-.03 shall take a written examination to demonstrate competency in that category.
				Beginning October 1, 2004, each application and reapplication for written
				examination shall be accompanied by an examination fee of $75 by the applicant.
Should an applicant fail the examination this applicant will
				  not be permitted to be re-examined for a minimum of 10 days from date of
				  previous examination.
(3)
				To continue certification, a Supervisor shall show proof in a manner prescribed
				by the Commissioner of attending a refresher course on pesticides and pesticide
				application approved by the Commissioner. Such refresher course shall be
				attended within twelve (12) calendar months prior to application for renewal of
				Supervisor certification.
In lieu of a refresher course, a Supervisor may choose to be
				  re-examined for continuance of certification.
Authors:
Marise Mims Sandidge, John P. Hagood,
					 Robert J. Russell
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-27-53,
					 2-27-57.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-14 - APPLICATION OF PESTICIDES BY AIRCRAFT › Section 80-1-14-.05 - Custom Pesticide Applicator's License

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An applicant for a license shall have
				each place of business he/she operates in Alabama under the direct supervision
				of a Supervisor. The Supervisor so named for each place of business shall be
				responsible for licensee's custom pesticide application administered through
				that assigned place of business and for that assigned place of business
				only.
(2) An applicant for a
				license may either be listed as Supervisor or (s)he may designate a full-time
				employee as Supervisor to be in charge of and responsible for applicant's
				custom application of pesticide(s).
(3) The Commissioner shall be notified in
				writing as to the exact location of each place of business operated by
				applicant.
(4) It shall be the
				responsibility of Licensee to inform the Commissioner in writing of any change
				of location and address or change in Supervisor at any location of business
				within ten (10) days after such change has occurred.
(5) Upon certification that applicant for a
				license has met all requirements
Code of Ala. 1975
,
				§
									2-27-53,
				the Commissioner shall issue applicant a license. Each license issued shall:
(a) Show each place of business operated by
				licensee and the name of the Supervisor in charge;
(b) List by decal number, all equipment
				maintained at each place of business;
(c) State any limitations or prohibitions on
				pesticide use imposed on licensee in accordance with
Code of Ala.
				1975
, §
										2-27-53(c);
(d) Remit to the Department of Agriculture
				and Industries before January 1 of each year a licensing fee in the amount of
				$100 for each applicant.
(e) Be
				subject to amendment as required from time to time.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-14 - APPLICATION OF PESTICIDES BY AIRCRAFT › Section 80-1-14-.06 - Inspection And General Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Licensee's application equipment shall at
				all times be maintained in proper functional condition consistent with the type
				of dispensing equipment being used. The application equipment shall be properly
				calibrated as to the type of pesticide(s) and methods of application to be
				used. To this end, Licensee shall demonstrate to the Commissioner or his
				representative, upon his inspection, that application equipment used by
				Licensee is functioning properly and is correctly calibrated.
(2) Licensee shall maintain his pesticide
				storage, mixing, and disposal facilities including the general grounds in a
				manner so as not to cause injury or damage to man, domestic and wild animals,
				other wildlife, aquatic areas, or the environment. To this end the Commissioner
				or his representative shall inspect the pesticide storage, mixing and disposal
				facilities and the general grounds of a Licensee and determine that:
(a) All pesticides are stored in a well
				lighted, well ventilated, clean area which can be secured from entry by
				lock;
(b) There are no unlabeled,
				leaking or damaged containers in the storage area;
(c) Restricted use pesticides are stored
				separately from general use pesticides;
(d) Fixed mixing facilities are uncluttered,
				well ventilated, well lighted, and secured from entry by lock.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-14 - APPLICATION OF PESTICIDES BY AIRCRAFT › Section 80-1-14-.07 - Pesticide Application Limitations

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Based on evidence presented at a hearing
				before the Commissioner, the Commissioner may, with approval of the Board,
				declare an area or locality, described by prominent geographical features, as a
				pesticide management area in which custom pesticide application shall not be
				permitted or shall be limited as to method of application and pesticide(s) used
				and to time of year when application of pesticide(s) can occur.
The Commissioner shall issue an order defining the area to be
				  designated a pesticide management area giving the conditions and extent of the
				  limitations on custom pesticide application. A copy of the Commissioner's order
				  shall be mailed to all persons affected by the order.
(2) Based upon evidence at a hearing before
				the Commissioner, the Commissioner may amend any license by specifying on its
				face any limitations under which Licensee may continue to apply certain
				pesticides; or specify on the license those pesticides Licensee is prohibited
				from applying.
(3) The pilot shall,
				prior to application, learn and confirm:
(a)
				The boundaries and exact location of the target areas,
(b) The identity of non-target areas and
				safety hazards located on or adjacent to the target areas.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-14 - APPLICATION OF PESTICIDES BY AIRCRAFT › Section 80-1-14-.08 - Records And Reports

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				Licensee must maintain, for a minimum of three years, records of pesticide
				applications made in Alabama. These records shall be completed within 72 hours
				after each application or sooner if requested by the Commissioner or his
				designated representative for the purposes of a pesticide incident
				investigation. These books and reports shall be located at a pertinent place of
				business in Alabama and contain at least the following information:
(a) Names of Licensee;
(b) Names and address of the person for whom
				the pesticide was applied;
(c)
				Identification of farm or land sites treated with pesticide(s);
(d) Name of crop which was treated;
(e) Total number of acres treated;
(f) The year, month, day and approximate time
				the pesticide was applied;
(g) The
				brand/or trade name, manufacturer, and formulation of the pesticide
				applied;
(h) Amount of formulated
				product or active material applied per acre (must specify);
(i) Total gallons or pounds per acre of the
				final tank mix applied;
(j) Name of
				person making application of pesticide;
(k) Signature of person completing this
				record.
Author:
Marise Mims Sandidge
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-14 - APPLICATION OF PESTICIDES BY AIRCRAFT › Section 80-1-14-.09 - Exemptions

Current through Register Vol. 42, No. 9, June 28, 2024
No person, method, procedure or type of application equipment
				  used for aerial application of pesticides shall be exempt from any of the
				  provisions of this Section except as stated herein:
(1) Persons exempted under Section
				2-27-52,
Code of Ala. 1975
, are also exempted under this
				Section.
(2) During an emergency
				proclaimed by the Commissioner, specific aerial applicators may, on a temporary
				basis, be exempted from all, or from specific regulations by the
				Commissioner.
(3) Persons certified
				and/or licensed under the category of public health pest control and under
				supervision of a state, federal or other governmental agency or a utility which
				is regulated by the Alabama Public Service Commission, when conducting a
				control operation for disease vectors or other pests of public health
				significance, shall be exempted from Sections
				80-1-14-.06(4),
				and
				80-1-14-.07(5),
				(6), (7) and (8).
(4) Aerial applicators under contractual
				agreement with state, federal or public agency and under supervision of such an
				agency when conducting a pest control operation may be exempted from all or
				from specific rules, provided that, at least 30 days prior to the proposed
				initiation of the subject operation they present to the Commissioner a complete
				description of the operation which meets or exceeds the following standards:
(a) Project Description: The application
				shall include all of the following:
1.
				Explanation of why the project is needed,
2. Identification of target pest or
				pests,
3. Map showing treatment
				area,
4. Total acreage to be
				treated,
5. Proposed range of dates
				of application.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-15 - RESTRICTED USE PESTICIDES › Section 80-1-15-.01 - Listing Of Restricted Use Pesticides

Current through Register Vol. 42, No. 9, June 28, 2024
The following pesticides and their use restrictions have been
				  designated as restricted use pesticides by
Code of Ala.
				  1975
, §
									2-27-1,
et
seq
. All formulations and
				  concentrations of the pesticides, unless otherwise noted, are
				  restricted:
Pesticide Use Restriction
Acrolein
Aldicarb
Aluminum Phosphide
Azinphos Methyl All Formulations and Concentrations Above
				  13.5% Restricted
Carbofuran
Clomazone
Curacron
Cyanides
Calcium Cyanide
Mercuric Cyanide
Sodium Cyanide
Demeton
Disulfoton All Formulations and Concentrations Greater than
				  2% Restricted
Dyfonate
Ethoprop
Ethyl Parathion
Fenamiphos
Fensulfothion
Fluoroacetomide/1081
Magnesium Phosphide
Methamidophos
Methomyl All Formulations and Concentrations Except 1%
Fly Bait
Methyl Bromide
Methyl Parathion
Mevinphos
Paraquat All Formulations and Concentrations Greater Than 1%
				  Restricted
Phorate
Phosphamidon
Phosphorus (White or Yellow)
Picloram
Sodium Fluoroacetate
Strychnine and its Salts
Strychnine Sulfate
Sulfotepp
Tepp
Thallium Sulfate
Zinophos
Author:
Charles H. Barnes, Maarise Mims
				  Sandidge
Statutory Authority:
Code of Ala.
					 1975
, §
											2-27-8.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-15 - RESTRICTED USE PESTICIDES › Section 80-1-15-.02 - EPA Restricted Use Pesticides Applicable In Alabama

Current through Register Vol. 42, No. 9, June 28, 2024
All pesticides classified as restricted by the United States
				  Environmental Protection Agency under requirements of the Federal Insecticide,
				  Fungicide and Rodenticide Act are also designated as restricted use pesticides
				  under the Alabama Pesticides Act of 1971.
Author:
Charles H. Barnes, Marise Mims
				  Sandidge
Statutory Authority:
Code of Ala.
					 1975
, §
											2-27-8.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-16 - STANDARDS FOR GASOLINE AND GASOHOL › Section 80-1-16-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
The purpose of this Chapter is to provide standards and
				  minimum specifications for gasoline and gasohol so that their sale, storage or
				  use in Alabama is satisfactory and efficient for the purpose under which the
				  products are sold.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											8-17-81.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-16 - STANDARDS FOR GASOLINE AND GASOHOL › Section 80-1-16-.02 - Standards Applicable For All Gasoline And Gasohol

Current through Register Vol. 42, No. 9, June 28, 2024
The standards set forth in this Chapter shall be applicable
				  to all gasoline and gasohol sold or offered for sale in Alabama after the
				  effective date of this Chapter.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											8-17-81.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-16 - STANDARDS FOR GASOLINE AND GASOHOL › Section 80-1-16-.04 - Gasohol Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
Gasohol as defined by
Code of Ala.
				  1975
, §40-17-130, shall meet all of the specifications, where
				  applicable, for gasoline set out in Rule
				  80-1-16-.03 above.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											8-17-81.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-16 - STANDARDS FOR GASOLINE AND GASOHOL › Section 80-1-16-.05 - Invoices To Reflect Alcohol Content

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any manufacturer, hauler, blender, agent,
				jobber, consignment agent, or distributor who distributes motor vehicle fuel
				products which contain at least one percent alcohol must state on any invoice,
				bill of lading, shipping paper, or other documentation used in normal customary
				business practices, or as required by federal law, the percentage of alcohol
				and cosolvent, the type of alcohol, and the antiknock index number of the
				products distributed.
(2) The above
				required documentation shall be available for inspection and copying by the
				Commissioner of Agriculture and Industries or his agents during normal business
				hours.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											8-17-81.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-16 - STANDARDS FOR GASOLINE AND GASOHOL › Section 80-1-16-.06 - Position Requirements For Gasoline Labeling

Current through Register Vol. 42, No. 9, June 28, 2024
The required labeling for gasoline under Chapter 80-1-16,
				  Ala. Admin. Code, shall be conspicuously displayed on both sides of the
				  dispensing device which faces the vehicle, in conformity with Rule
				  80-13-1-.05,
				  Ala. Admin. Code.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											8-17-81.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-16 - STANDARDS FOR GASOLINE AND GASOHOL › Section 80-1-16-.07 - Labeling Requirements For Gasoline

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All dispensing devices which dispense
				gasoline, as defined in
Code of Ala. 1975
, §
									8-17-80(a)(1),
				in addition to any other labeling as required by law or regulation, shall be
				labeled with the brand name of the product, as registered with the Department
				of Agriculture and Industries under
Code of Ala. 1975
,
				§
									8-17-85.
(2) This label shall also include the product
				grade, such as regular leaded, regular unleaded and premium unleaded. The words
				lead free may be substituted for the word unleaded. The above required
				lettering appearing on the dispensing device shall be a minimum of one-half
				inch in height.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											8-17-81.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-16 - STANDARDS FOR GASOLINE AND GASOHOL › Section 80-1-16-.08 - Labeling Requirements For Octane Rating

Current through Register Vol. 42, No. 9, June 28, 2024
All dispensing devices which dispense gasoline, gasohol or
				  any motor fuel defined as gasoline under
Code of Ala.
				  1975
, §
									8-17-80(a)(1),
				  shall have posted on said dispensing device an octane rating or number. This
				  octane rating or number required to be posted shall comply with the Federal
				  Trade Commission Posting and Certification rule for octane ratings as appearing
				  in  16 C.F.R. 306 . Said number shall appear on both sides of the dispensing
				  device which faces the vehicle.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											8-17-81.
Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-16 - STANDARDS FOR GASOLINE AND GASOHOL › Section 80-1-16-.09 - Labeling Requirements For Motor Fuels Containing Alcohol

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any dispensing
				device which is used to dispense gasoline as defined in
Code of
				Ala. 1975
, §
									8-17-80(a)(1),
				which contains more than one percent, by volume, of any ethanol or methanol
				shall also be labeled on both sides of the dispensing device, which face the
				vehicle, as follows: Contains Ethanol, or Contains Methanol and
				Cosolvent.
(2) The labeling
				requirement set out in paragraph (1) above shall be composed of black letters
				with a distinctly contrasting background. The letters appearing on the label
				shall be a minimum of one-half inch in height with a minimum one-sixteenth
				stroke.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											8-17-81.