reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXIII - Pesticides › Chapter 11 - Regulations Governing Application of Pesticides › Section XXIII-1109 - Special Restrictions on Commercial Aerial Pesticide Applications; Applications in the Rain and Buffer Zones

Current through Register Vol. 50, No. 6, June 20, 2024
A. All aerial pesticide applicators are
				prohibited from making an application of any pesticide while it is raining.
				This prohibition shall not apply to a drizzle of rain so light as to not cause
				puddling or run-off water from the field.
B. Unless further restricted by other
				regulations or labeling, commercial aerial pesticide applicators, with the
				single exception of aerial mosquito pest control applicators, are prohibited
				from making an application of any pesticide within 100 feet from the edge of
				the swath to any inhabited structure, including but not limited to inhabited
				dwellings, hospitals, nursing homes and places of business. No aerial
				applicator, with the single exception of aerial mosquito pest control
				applicators, shall apply pesticides within 1000 feet of any school grounds
				during normal school hours.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:3203.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXIII - Pesticides › Chapter 11 - Regulations Governing Application of Pesticides › Section XXIII-1111 - Special Restrictions on Pesticide Applications in Schools

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person who
				applies or supervises the application of pesticides on a nonfee basis for grass
				and weed control and rodent and general pest control (roaches, wasps, and ants)
				or restricted use pesticides, in, on, or around school structures and grounds
				shall be a certified commercial applicator or under the supervision of a
				certified commercial applicator.
B.
				School systems with 10 or more schools shall employ a minimum of two certified
				commercial applicators. School systems with less than 10 schools shall employ a
				minimum of one certified commercial applicator.
C. The governing authority (including but not
				limited to superintendents, headmasters, school boards, board of directors,
				chief executive officer, or principals) shall prepare and submit in writing,
				for each school under its authority, to the director, an annual integrated pest
				management (IPM) plan for pest control for grass and weed control and rodent
				and general pest control (roaches, wasps, and ants) in, on, or around school
				structures and grounds. The IPM plan shall include all pest control methods
				employed, including pesticide and non-pesticide methods and strongly recommends
				the least toxic methods of control. The first IPM plan shall be submitted prior
				to any application of pesticides beginning March 1, 1995 and shall be submitted
				on an annual year of August 1 through July 31. The plan shall be available for
				review, upon request, by the commissioner and the general public, during normal
				school hours, at each school, in the business office. The annual IPM plan shall
				include, but not be limited to the following:
1. school name and mailing address, physical
				address, telephone number and contact person;
2. name and license or place of business
				number of company(s) and certification numbers of applicators, if
				contracted;
3. name and
				certification number of certified commercial applicator(s) of school
				system;
4. brand name and EPA
				registration number of all pesticides to be used;
5. for each pesticide to be used a list of
				the following:
a. pest to be
				controlled;
b. type of application
				to be used;
c. location of
				application;
d. restricted use
				pesticide or general use pesticide;
6. proposed location and date for
				non-certified applicator training;
7. other methods of pest control.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXIII - Pesticides › Chapter 11 - Regulations Governing Application of Pesticides › Section XXIII-1113 - Complaints

Current through Register Vol. 50, No. 6, June 20, 2024
A. Persons filing
				complaints shall, at the same time the complaint is filed, execute a consent
				form granting access to the property for the purpose of inspection.
B. Each person filing a crop injury complaint
				must notify the commissioner at least 24 hours before the start of harvest of
				the alleged injured crop.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:3203 and
				  R.S.
				  3:3255.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXIII - Pesticides › Chapter 13 - Pesticide Containers and Bulk Facilities › Section XXIII-1301 - Pesticide Containers

Current through Register Vol. 50, No. 6, June 20, 2024
A. Storage
				Areas for Full or Partially Full Pesticide Containers
1. Pesticide containers shall be stored in a
				secure enclosure.
2. Pesticide
				containers shall be free of leaks.
3. The storage area shall be maintained in
				good condition, without unnecessary debris.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXIII - Pesticides › Chapter 15 - Mechanically Powered Pesticide Application Equipment › Section XXIII-1501 - Commercial Applicators

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				following systems or controls must be present and in good operating order prior
				to the issuance of a decal.
1. Aerial and
				Ground Application Equipment
a. The hopper
				must be free of leaks and in good working order; and
b. all equipment must include a properly
				functioning pressure gauge(s).
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXIII - Pesticides › Chapter 17 - Monitoring of Commercial Applicator Operations › Section XXIII-1701 - Monitoring of Commercial Applicator Operations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Duly authorized representatives of the
				commissioner may inspect all pesticide applicator operations semi-annually,
				with or without prior notification, provided that the commissioner may monitor
				such sites on a more frequent basis whenever, in his sole discretion, he
				determines that there is a need for more frequent monitoring of any specific
				commercial applicator.
B. In such
				monitoring, the authorized representative of the commissioner shall:
1. inspect the physical surroundings of the
				site to determine that all requirements of these regulations have been complied
				with;
2. inspect the records
				required by this Part;
3. take
				samples, as determined by the commissioner, at any of the following locations:
a. any site where an application of
				pesticides has been made by the applicator;
b. any base storage;
c. any containment tank for pesticides which,
				upon disposal, are classified as hazardous wastes;
d. any surface impoundment;
e. any wash pad;
f. any soils or water, flowing or still, at
				any location on or adjacent to the base operation; or
g. any application equipment (i.e., hopper
				tanks and connections, mixing tank, etc.).
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXIII - Pesticides › Chapter 19 - Requirements for Access, Examination and Sampling › Section XXIII-1901 - Pesticide Dealers and Pesticide Salespersons

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commissioner, upon reasonable request,
				shall be permitted access to any premises where restricted use pesticides are
				sold, offered for sale, or held for distribution.
B. The commissioner may examine the records
				required under
				§2105 and may take samples of any
				restricted use pesticides found on the premises.
C. Such samples shall be marked for
				identification by accepted chain of custody requirements and shall be analyzed
				in accordance with procedures approved by the Association of Official
				Analytical Chemists and/or other methods approved by the U.S. Environmental
				Protection Agency.
D. The owner of
				any restricted use pesticide from which such sample is taken shall be provided
				with a copy of the analysis results within 30 days after the analysis is
				completed.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:3203 and
				  R.S.
				  3:3245.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXIII - Pesticides › Chapter 19 - Requirements for Access, Examination and Sampling › Section XXIII-1903 - Agricultural Consultants

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				commissioner, upon reasonable request, shall be permitted access to the records
				required under §2105
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:3203 and
				  R.S.
				  3:3246.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXIII - Pesticides › Chapter 21 - Record Keeping Requirements › Section XXIII-2101 - Owner-Operators, Non-Fee Commercial Applicators, Private Applicators and Commercial Applicators

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				person applying pesticides for a fee, private applicators described in §709,
				and commercial applicators described in §711, with the single exception of
				applicators listed in
				§711.B.2.g Category 7,
				shall accurately maintain, for a period of two years, records of pesticide
				applications on a record keeping form or record keeping format approved by the
				director. Records described herein must be maintained, within three days of the
				application, at the physical address of the employer or the physical address on
				the owner/operator license. A copy of these records shall be provided to any
				employee of department upon request at a reasonable time during normal working
				hours. The following information shall be included on that form:
1. owner/operator name, address, and license
				number;
2. certified applicator,
				name, address, and certification number;
3. customer name and address;
4. product/brand name;
5. EPA registration number;
6. restricted/general use
				pesticide;
7. application
				date;
8. crop/type of
				application;
9. location of
				application;
10. size of area
				treated (acres, square feet, or minutes of spraying);
11. rate of application;
12. total amount of product (concentrate)
				applied;
13. applicator;
14. certification number of applicator (if
				applicable).
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXIII - Pesticides › Chapter 21 - Record Keeping Requirements › Section XXIII-2103 - Pesticide Dealers and Salespersons

Current through Register Vol. 50, No. 6, June 20, 2024
A. The requirements of this rule apply to
				sales of:
1. pesticides classified as
				restricted use pesticides by the commissioner or the EPA;
2. pesticides which, upon disposal, are
				classified as hazardous wastes; and
3. pesticides listed in
				§1103 B, except when sales of
				pesticides listed in
				§1103. B are:
a. sold in concentrations of 2 percent or
				less; or
b. formulated with
				fertilizers for use by homeowners.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXIII - Pesticides › Chapter 21 - Record Keeping Requirements › Section XXIII-2105 - Agricultural Consultants

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every
				recommendation made by an agricultural consultant shall be in duplicate
				original and shall be dated and signed by the agricultural
				consultant.
B. Each recommendation
				made by an agricultural consultant shall include the following:
1. the name and address of person purchasing
				the consultant's services;
2. the
				location, including the crop, for which the recommendation is made;
3. the pesticide or pesticides
				recommended;
4. the recommended
				rate of application;
5. a brief
				statement as to the reasons for the recommendation; and
6. the date of when the recommendation is
				given.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXIII - Pesticides › Chapter 23 - Penalties › Section XXIII-2301 - Penalties for Violation of Pesticide Statutes and These Regulations

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commissioner
				may suspend or revoke any license issued under the provisions of
				R.S.
				3:3241-3257 and/or may assess a civil penalty
				not to exceed $5,000 for violation of any provision of
				R.S.
				3:3201 through 3:3257 or any violation of any
				regulation enacted under the authority of said statutes.
B. Each separate day on which any violation
				occurs may be considered as a separate violation.
C. No penalty may be assessed by the
				commissioner prior to the holding of an adjudicatory hearing before the
				commission. Such adjudicatory hearing shall be conducted in accordance with the
				requirements of the Administrative Procedure Act; any person alleged to have
				violated any provision of the pesticide statutes or these regulations shall be
				accorded all of the rights and privileges guaranteed under said Act.
D. The commission shall recommend penalties
				to be imposed as a result of findings of fact and/or conclusions of law that a
				violation occurred.
E. Whenever the
				commissioner fails to accept the recommendations of the commission for the
				imposition of penalties following an adjudicatory proceeding, the commissioner
				shall notify the commission, in writing, of the reasons for his failure to
				accept the commission's recommendations.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:3203 and
				  R.S.
				  3:3252.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXIII - Pesticides › Chapter 25 - General Requirements for Rinsate Water › Section XXIII-2501 - Rinsate Water

Current through Register Vol. 50, No. 6, June 20, 2024
A. Rinsate from
				certified applicator's cleaning pesticide application equipment shall be used
				in the following manner:
1. in subsequent
				applications of the pesticide; or
2. placed in a rinsate collection system
				dedicated to that pesticide and used according to the label and labeling by the
				end of that applicable pesticide's spray season; or
3. disposed in a permitted waste
				facility.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXIII - Pesticides › Chapter 27 - Handling Pesticide Spills by Applicators › Section XXIII-2701 - Handling Pesticide Spills

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				uncontained spills of more than one gallon liquid or four pounds dry weight
				must be reported to the director of Pesticides and Environmental Programs
				within 24 hours by telephone and by written notice within three days.
B. The costs of cleanup resulting from
				pesticide spills are the responsibility of the person who spills the
				pesticide.
C. Cleanup of pesticide
				spills shall be approved by the director.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:3271.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXIII - Pesticides › Chapter 29 - Emergency Procedures Related to Pesticides › Section XXIII-2901 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. In addition to
				the definitions listed below, and unless otherwise provided, the definitions in
				R.S.
				3:3202 and
				§103 shall apply to this Subchapter of
				these regulations.
Complaint
-any information or report of any
				  pesticide-related problem which could adversely affect human health or the
				  environment.
Emergency
-a situation involving pesticides
				  where there is imminent danger to human health or to the environment.
Environment
-includes water, air and land and
				  the interrelationship which exists among and between water, air, land and all
				  living things.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:3203(A).
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXIII - Pesticides › Chapter 29 - Emergency Procedures Related to Pesticides › Section XXIII-2903 - Identification of Emergency

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Procedure
1. Persons detecting or discovering
				what they reasonably believe to be an emergency involving the use, misuse or
				storage of pesticides shall immediately contact the division via the 24-hour
				telephone hotline at (225) 925-3763.
2. Personnel receiving any complaint related
				to pesticides shall record the information required on department-approved
				telephone complaint forms.
3.
				Personnel receiving any complaint that could constitute an emergency shall
				immediately notify the director.
4.
				Upon notification, the commissioner shall make a determination as to whether an
				emergency exists. This determination shall be made as soon as possible. In
				determining the gravity of the danger, the commissioner shall consider whether
				the pesticides have resulted in the death of marine life or wildlife and
				whether the maximum contaminant levels established by
				§3103 have been exceeded.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXIII - Pesticides › Chapter 29 - Emergency Procedures Related to Pesticides › Section XXIII-2905 - Declaration of Emergency

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon
				determining that an emergency exists, the director shall immediately declare in
				writing that an emergency exists and direct that the following emergency
				procedures be employed. The director shall notify the appropriate governmental
				agencies and the media as soon as is practical, and in no case later than eight
				hours after declaration of emergency.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:3203(A).
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXIII - Pesticides › Chapter 29 - Emergency Procedures Related to Pesticides › Section XXIII-2907 - Response to Emergency

Current through Register Vol. 50, No. 6, June 20, 2024
A. Containment.
				At the earliest possible time, the director shall direct and supervise efforts
				to accomplish the containment of the emergency.
B. Identification of Pesticide. The pesticide
				or pesticides involved in the emergency shall be identified. Efforts to
				identify the pesticide(s) shall include, but not be limited to the following:
1. labels of containers of the pesticides or
				other substances involved shall be consulted;
2. the point source or non-point source shall
				be investigated and if determined, the relevant records and storage areas of
				that source examined;
3. all
				emergency reports shall be reviewed by the director's staff;
4. if indicated, an investigation shall be
				made relative to any recalled, suspended or canceled pesticides;
5. samples shall be obtained at the earliest
				possible time and analyzed in accordance with procedures approved by the
				Association of Official Analytical Chemists and/or other methods approved by
				the U.S. Environmental Protection Agency.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXIII - Pesticides › Chapter 29 - Emergency Procedures Related to Pesticides › Section XXIII-2909 - Declaration of Termination of Emergency

Current through Register Vol. 50, No. 6, June 20, 2024
A. When remediation is complete or there no
				longer exists a situation involving imminent danger to human health or the
				environment, the director shall declare in writing that the emergency has
				ended. The director shall notify the appropriate governmental agencies and the
				media as soon as it is practical.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:3203(A).
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXIII - Pesticides › Chapter 31 - Water Protection › Section XXIII-3101 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. In addition to
				the definitions listed below, and unless otherwise provided, the definitions in
				R.S.
				3:3202 and
				§103 shall apply to this Subchapter of
				these regulations.
Base Line Conditions
-the pesticide level
				  found in the water of a site immediately preceding the pesticide application
				  season.
Maximum Contaminant Level
-the maximum
				  permissible concentration level of a pesticide in the waters of the
				  state.
Pesticide Application Season
-that period of
				  time during the year that insecticides, herbicides or other pesticides are
				  normally used on agricultural lands in a given area.
Reasonable Expectation of a Threat
-a
				  condition that is probable to lead to substantive injury to human health or the
				  environment.
Threat
-a condition that would lead to
				  substantive injury to human health or the environment.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 3.3303(B) and
				  R.S.
				  3:3306(B).
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXIII - Pesticides › Chapter 31 - Water Protection › Section XXIII-3103 - Establishment of Standards for Pesticides in Water

Current through Register Vol. 50, No. 6, June 20, 2024
A. The maximum contaminant level standards as
				published by EPA shall be incorporated as standards for pesticides in waters of
				the state.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 3.3303(B) and
				  R.S.
				  3:3306(B).
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXIII - Pesticides › Chapter 31 - Water Protection › Section XXIII-3105 - Procedures for the Determination of Threats

Current through Register Vol. 50, No. 6, June 20, 2024
A. The procedures for determining whether
				pesticide concentrations exceed maximum contaminant level standards or pose a
				threat or reasonable expectation of a threat to human health or the environment
				shall be:
1. the department shall maintain a
				water monitoring program;
a. water sample
				collection sites shall be distributed throughout the state. The locations of
				said sites shall be selected by criteria including, but not limited to:
i. those areas that have agricultural land
				use;
ii. those areas that have
				water drainage from agricultural lands;
iii. the propensity for runoff due to
				topography, soil types and other characteristics;
iv. data from aquifer potential maps used to
				locate well sampling sites in a wide spectrum of the state's aquifers;
				and
v. proximity to pesticide
				application of irrigation wells or shallow private water wells;
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXIII - Pesticides › Chapter 31 - Water Protection › Section XXIII-3107 - Determination of Appropriate Action

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon determination by the commissioner
				that a threat or reasonable expectation of a threat to human health or to the
				environment exists or that the maximum contaminant level standards as adopted
				herein have been exceeded he shall:
1.
				promptly direct that thereafter the emergency procedures established by Chapter
				29 of this Part be employed;
2.
				complete sufficient investigation as to permit appropriate action.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXIII - Pesticides › Chapter 33 - Pesticide Wastes › Section XXIII-3301 - Listing of Hazardous Pesticide Wastes

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commissioner shall annually, on or
				before December 31, publish in the
Louisiana Register
a full
				and complete list of all pesticides which, upon disposal, are classified as
				hazardous wastes under regulations of EPA and may supplement such listing at
				any time when any changes in such classifications are made by EPA.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:3203 and
				  R.S.
				  3:3243.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXIII - Pesticides › Chapter 33 - Pesticide Wastes › Section XXIII-3303 - Procedures for Monitoring

Current through Register Vol. 50, No. 6, June 20, 2024
A. In
				the course of conducting routine monitoring of pesticides, the commissioner
				shall monitor for the presence of pesticide wastes.
B. Monitoring for the presence of pesticide
				wastes shall include, but not be limited to, investigations involving canceled
				or suspended products, spill responses, and citizen complaints.
C. The procedures for monitoring pesticide
				wastes shall include but not be limited to the following activities:
1. visual or other sensory observations of
				conditions which may support the probability or actuality of the presence of
				pesticide wastes;
2. inquiries into
				the relevant circumstances surrounding the probability or actuality of the
				presence of pesticide wastes which may include sample taking and analysis;
				and
3. a preliminary determination
				as to whether or not there is a presence of pesticide wastes based upon the
				observations and the inquiries or upon relevant data, shall be made by the
				director.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXIII - Pesticides › Chapter 33 - Pesticide Wastes › Section XXIII-3305 - Procedures for Determinations

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				When the director makes a preliminary determination as a result of monitoring
				or otherwise, that there is a presence of pesticide wastes as a result of
				monitoring or otherwise, the procedures for determining whether the
				concentrations of pesticide wastes exceed promulgated federal or state
				standards, or that the concentrations of pesticides pose a threat or reasonable
				expectations of a threat to human health or to the environment are as set out
				below.
1. The commissioner shall take into
				consideration the following:
a. the results
				of the analysis of samples, if available;
b. the criteria established in
				R.S.
				3:3274; and
c. other relevant data.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXIII - Pesticides › Chapter 33 - Pesticide Wastes › Section XXIII-3307 - Appropriate Actions

Current through Register Vol. 50, No. 6, June 20, 2024
A. When the
				commissioner has determined that there is a presence of pesticide wastes and
				that the pesticide wastes do not exceed promulgated federal or state standards,
				or when the commissioner determines that the concentrations of pesticides do
				not pose a threat or reasonable expectation of a threat to human health or to
				the environment, the commissioner may take one or more of the following
				actions:
1. issue appropriate orders to
				provide for proper disposal;
2.
				take such other action as the commissioner deems appropriate under
				circumstances.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXIII - Pesticides › Chapter 33 - Pesticide Wastes › Section XXIII-3309 - Record Keeping

Current through Register Vol. 50, No. 6, June 20, 2024
A. In addition
				to the record keeping requirements set out in this Part, all persons conducting
				or having conducted activities of, generating, owning, possessing, storing,
				transporting, or disposing of pesticide wastes, shall keep copies of all
				records required by local, state or federal laws or regulations for a period of
				not less than three years from the receipt of any such record.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:3203 and
				  R.S.
				  3:3271.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXIII - Pesticides › Chapter 33 - Pesticide Wastes › Section XXIII-3311 - Transportation of Pesticide Waste

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				All persons transporting pesticide wastes shall transport such wastes in a
				manner that conforms to the procedures and requirements set forth by the
				Louisiana Department of Environmental Quality and the Louisiana Department of
				Public Safety, in addition to all other applicable local, state and federal
				laws and regulations.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:3203 and
				  R.S.
				  3:3271.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXIII - Pesticides › Chapter 35 - Health Complaints › Section XXIII-3501 - Notification of Pesticide Poisoning

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each physician who treats a health
				complaint that is diagnosed as caused by pesticide poisoning shall provide
				notice of the poisoning to the director of the division via the 24-hour
				telephone hotline, (225) 925-3763, within 24 hours of the diagnosis and in
				writing posted within three days of the diagnosis. Each report shall contain
				the following:
1. the name, address, and
				telephone number of the treating physician;
2. the name, address, and telephone number of
				each patient treated;
3. date of
				treatment; and
4. the location of
				the facility where the reporting physician provided treatment.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXV - Structural Pest Control › Chapter 1 - Structural Pest Control Commission › Section XXV-103 - Administration of the Affairs of the Commission; Adoption of Rules and Regulations

Current through Register Vol. 50, No. 6, June 20, 2024
A. As
				provided by
				R.S.
				3:3364, the commissioner or his designee
				shall serve as permanent chairman of the commission.
B. The assistant commissioner shall serve as
				secretary of the commission.
C. In
				the absence of the chairman, the secretary shall preside at meetings of the
				commission.
D. The chairman shall
				designate a hearing officer, who may or may not be a member of the commission,
				to preside at all adjudicatory proceedings of the commission.
E. The commission shall serve as the hearing
				body in all adjudicatory proceedings and shall make the final decision with
				regard to the disposition of matters coming to adjudication.
F. The commission shall hold regular meetings
				at least once during each quarter.
G. Meetings of the commission shall normally
				be held in the domicile of the commission.
H. Meetings may be held at locations other
				than the domicile of the commission upon the determination of the chairman or
				at the written request of any three members of the commission.
I. Special meetings of the commission may be
				called at any time by the chairman.
J. Whenever at least three members of the
				commission desire to call a special meeting, the three members shall so advise
				the chairman in writing and the chairman shall call a special meeting to be
				held within 30 days after receipt of the members' request.
K. If the chairman fails or refuses to call a
				special meeting upon the proper request of three members, the members may
				convene a special meeting of the commission by written notice to the remaining
				members.
L. The secretary shall
				notify each member of the commission by in writing or by electronic means of
				any regular or special meeting at least one week prior to the meeting
				date.
M. The secretary shall
				provide clerical and other support services as may be required by the
				commission and shall maintain and distribute appropriate minute records of all
				meetings of the commission.
N.
				There shall be no voting by proxy.
O. Three members of the commission shall
				constitute a quorum, and no action shall be taken without three votes in
				accord.
P. Rules and regulations of
				the commission, and amendments thereto, shall be noticed, adopted and
				promulgated as required by the Administrative Procedure Act.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:3363,
				  R.S.
				  3:3364 and
				  R.S.
				  3:3366.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXV - Structural Pest Control › Chapter 1 - Structural Pest Control Commission › Section XXV-105 - Permit for Operation of Structural Pest Control Business; Changes in Structural Pest Control Business

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every
				place of business engaged in structural pest control work shall:
1. obtain a permit for operation from the
				commission prior to engaging in structural pest control work.
2. provide a certificate of insurance on a
				document provided by the department including but not limited to the following
				information:
a. not less than $250,000,
				general liability coverage, per occurrence for the following:
i. all work performed under specific
				structural pest control license phases;
b. not less than $100,000 coverage for
				property damage;
c. or combined
				single limits of $350,000;
d.
				definitions for purposes of this Section:
i.
Public Liability
-general liability;
ii.
Accident
-occurrence;
e. provide at least 10 days prior written
				notice to the commission before cancellation and 10 days written notice to the
				commission when paid claims reach or exceed the aggregate limit.
3. Provide evidence of a surety or
				fidelity bond on a form provided by the department covering the business with
				which the applicant is connected, issued by a bonding, surety or insurance
				company authorized to do business in Louisiana, in the amount of $2,000, of
				tenor and solvency satisfactory to a majority of the commission. An applicant
				who is not connected with a business covered by the required surety or fidelity
				bond shall secure the appropriate coverage prior to issuance of the
				license.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXV - Structural Pest Control › Chapter 1 - Structural Pest Control Commission › Section XXV-107 - License to Engage in Structural Pest Control Work Required

Current through Register Vol. 50, No. 6, June 20, 2024
A. No person shall
				perform structural pest control work until licensed and permitted to do so by
				the commission.
B. Each applicant
				for license shall possess one of the following qualifications in order to take
				the examination(s):
1. general pest control
				commercial vertebrate control and commodity fumigation:
a. a degree from an accredited four-year
				college or university with a major in entomology; or
b. a degree from an accredited four-year
				college or university with at least 12 semester hours or the equivalent in
				quarter hours of course work in entomology and at least one year of experience
				within the last six years as a registered technician under the supervision of a
				licensee in the licensee phase for which the applicant desires to take the
				examination; or
c. four years of
				experience within the last six years as a registered technician under the
				supervision of a licensee in the licensee phase for which the applicant desires
				to take the examination; or
d. four
				years of experience within the last six years as a technician under the
				supervision of a structural pest control operator in another state in the
				licensee phase for which the individual desires to take the examinations.
				Experience with an out-of-state structural pest control operator shall be
				substantiated by evidence acceptable to the commission or commission
				staff;
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXV - Structural Pest Control › Chapter 1 - Structural Pest Control Commission › Section XXV-109 - Application for Examination; Contents of Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. An application for examination for
				licensure may be made at any time by filing a complete application, on forms
				provided by the commission.
B. A
				complete application for examination shall be filed in the commission
				office.
C. Each applicant for
				examination shall pay a nonrefundable fee of $50 per examination upon the
				approval of the applicant's application for examination.
D. Each application for examination shall
				contain the following information:
1.
				business name, address and phone number of the business domicile of the
				applicant;
2. name and residence
				address of the applicant;
3.
				educational qualifications. For applicants seeking licensure on the basis of
				educational qualifications, a certified copy of the applicant's college or
				university transcript shall be provided;
4. proof of practical experience in pest
				control work:
a. upon request of the
				commission or commission staff, the applicant shall submit from the said
				supervising licensee, a written statement that the jobs have been participated
				in by the applicant under his supervision and that the applicant has
				demonstrated the requisite knowledge to perform and supervise such
				work;
b. experience in pest control
				work. Information to be provided includes, but is not limited to, business name
				and address where employed under supervision, name of the licensee providing
				supervision to the applicant and evidence of registration while in the claimed
				employment. Applicants seeking licensure on the basis of experience shall
				provide a notarized statement from the licensee who supervised the applicant,
				attesting to the period of supervised employment and the capacity in which the
				applicant was employed, said affidavit to be executed on a form to be provided
				by the department;
c. if at the
				time of application, the licensee who provided supervision is deceased, his
				whereabouts are unknown, or fails or refuses to supply the statement,
				affidavit, or both, required under Subparagraphs a. and b. above, then the
				commission or commission staff may waive the requirements for such statement,
				affidavit, or both upon:
i. submission by the
				applicant of a notarized statement signed by the applicant that the licensee
				who provided supervision is deceased, his whereabouts are unknown, or fails or
				refuses to supply the statement, affidavit, or both, required under
				Subparagraphs a and b above, and
ii. verification by commission staff of the
				applicant's experience in pest control work.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXV - Structural Pest Control › Chapter 1 - Structural Pest Control Commission › Section XXV-111 - Certified Fumigation Technician (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:3366 and
				  3369.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXV - Structural Pest Control › Chapter 1 - Structural Pest Control Commission › Section XXV-113 - Registration of Employees; Duties of Licensee and Registered Employee with Respect to Registration

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				permittee shall register, on a form to be provided by the commission, every
				employee under the supervision of a licensee with the commission within 30 days
				after the commencement of the employee's employment and shall test as required
				by R.S.
				3:3369.H.
B. The registration application of each
				employee shall contain the following information:
1. name and address of the business location
				where the employee is domiciled;
2.
				name, address and phone number of the licensee providing supervision over the
				employee;
3. name and residence
				address of the employee to be registered;
4. phase(s) of pest control work in which the
				employee will work and be supervised;
5. date of employment of the
				employee;
6. one photograph of the
				employee; and
7. date of
				birth.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXV - Structural Pest Control › Chapter 1 - Structural Pest Control Commission › Section XXV-115 - Certified WDIR Technician

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Requirements of a Certified WDIR technician, prior to conducting WDIR
				inspections, are as follows:
1. shall be
				registered as a termite technician; and
2. complete department approved WDIR
				training; and
3. pass WDIR
				technician test with a score of 70 or greater ; and
4. pay the fee for the examination for the
				WDIR technician registration which shall be $25; and
5. complete application form provided by the
				department.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXV - Structural Pest Control › Chapter 1 - Structural Pest Control Commission › Section XXV-117 - Obligations of the Licensee/Permittee

Current through Register Vol. 50, No. 6, June 20, 2024
A. The permittee or the primary licensee
				shall keep the bond and general liability insurance required under
				§107. F in full force
				and effect at all times.
B. The
				permittee or the primary licensee shall renew the permit for operation for each
				business location annually prior to June 30.
C. The permittee or the primary licensee
				shall apply for a registration certificate for each employee under his
				supervision within 30 days after the employee is hired and shall comply with
				all other requirements pertaining to registration of employees set forth in
				§113
D. The primary licensee shall
				be responsible for training the employee in the kind of work which he will
				perform.
E. Maintenance of a
				commercial applicator certification by a licensee
1. A licensee shall maintain his commercial
				applicator certification in current status by:
a. attending a continuing educational program
				for recertification approved by the department;
b. recertification at least once every three
				years; such recertification shall be completed by December 31 of the third year
				following the original certification or the most recent recertification;
c. a minimum of six hours of
				technical training which shall include but not limited to the phases of general
				pest control, termite control and commercial vertebrate control;
d. a minimum of six hours of technical
				training for the phase of fumigation.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXV - Structural Pest Control › Chapter 1 - Structural Pest Control Commission › Section XXV-119 - Contracts for Termite Control Work

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The permittee or licensee shall enter into a written contract for termite
				control work with the property owner/agent employing him. The contract shall:
1. be in a form provided or approved by the
				commission;
2. guarantee
				performance for a period of not less than 1 year after the treatment is
				made;
3. guarantee treatment of the
				structure(s) in accordance with minimum specifications for termite control work
				set forth in
				§141 hereof;
4. provide for at least one inspection of all
				unobstructed or accessible areas outside of the structure(s) prior to
				expiration of the agreement;
5.
				include inspection diagram(s) indicating all structure(s) covered;
6. provide for the treatment of all
				subterranean termites, dry-wood termites, powder post beetles, or old house
				borers; and
7. include a damage
				repair warranty for not less than $25,000 and be exclusive to the property
				owner for five years subject to the terms and conditions of the contract, if
				the contract is for pre-construction or new construction termiticide
				treatment.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXV - Structural Pest Control › Chapter 1 - Structural Pest Control Commission › Section XXV-121 - Wood Destroying Insect Report

Current through Register Vol. 50, No. 6, June 20, 2024
A. A wood destroying insect report approved
				by the commission shall be issued only for inspections made to determine the
				presence of wood destroying insects for acts of sale or refinance of
				structures.
1. A wood destroying insect report
				shall not be renewable or issued for any other purposes, and shall not provide
				a guarantee to repair damage caused by wood destroying insects.
2. No licensee, pest control operator, or any
				person employed or supervised by a licensee or pest control operator, either
				before or after issuing a wood destroying insect report, shall represent,
				orally or in writing, to any customer or potential customer that if wood
				destroying insects are discovered more than 90 days after the date of the WDIR
				inspection the licensee or pest control operator will treat the property at no
				cost or repair any damage caused by the wood destroying insects.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXV - Structural Pest Control › Chapter 1 - Structural Pest Control Commission › Section XXV-123 - Change in Status of Licensee

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Any change in a licensee's status (e.g., death, retirement, prolonged illness,
				merger of companies, sale, change of ownership, etc.) shall be reported to the
				department, in writing, within 14 days after the change in status occurs by the
				permittee or primary licensee.
B.
				When any change in status occurs, provisions shall be made for supervision at
				any location where there is no licensee during the interim until another
				licensee is approved by the commission or commission staff for examination. The
				person in charge of the permitted location where the change in status occurred
				shall notify the department, in writing, of the name and address of the
				licensee providing supervision during the interim within 14 days after the
				change occurs. Supervising licensee shall notify the department of his
				acceptance of this supervision within 14 days of his acceptance.
C. When the change in status results in no
				licensee being domiciled at a permitted location, an applicant who is eligible
				for licensure shall be approved by the commission or commission staff for
				examination either:
1. at the next meeting of
				the commission after the change in status occurs; or
2. within 90 days after the change in status
				occurs, whichever is later. During this period no use of restricted-use
				pesticides is permitted.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXV - Structural Pest Control › Chapter 1 - Structural Pest Control Commission › Section XXV-125 - Inactive Status of License

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Upon written notice to the commission, any licensee may place his license on
				inactive status during any period of time when he will not be directly engaged
				in pest control work.
B. Notice to
				the commission shall include the period for which inactive status is requested
				and any information which may support the licensee's request for placement of
				his license on inactive status.
C.
				The license of any licensee which has been placed on inactive status shall be
				maintained in current status as provided in
				§117 F
D. The commission may deny or defer action on
				a request to return a license to active status, regardless of the period of
				time when the license has been on inactive status, whenever the licensee on
				inactive status has been proven guilty in an adjudicatory proceeding of any of
				the violations.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S. R.S.
				  3:3366 and
				  3:3368.