reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 45 - Pesticides › Rule 21-45.9 - Directions for Use-when Necessary

Current through Register Vol. 47, No. 3, July 24, 2024
Directions for use are required whenever they are necessary for
				the protection of the public. The public includes not only users of pesticides
				but also those who handle them or may be affected by their use, handling, or
				storage. Directions for use are considered necessary in the case of most small
				retail containers which go into the hands of users, and in the case of larger
				containers with the following exception:
Directions may be omitted if the pesticide is to be used by
				manufacturers in their regular manufacturing processes; provided, the label
				clearly shows that the product is intended for use only in manufacturing
				processes and bears an ingredient statement giving the name and percentage of
				each of the active ingredients.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 45 - Pesticides › Rule 21-45.10 - Other Claims

Current through Register Vol. 47, No. 3, July 24, 2024
No claim shall be made for products in any written, printed or
				graphic matter acCornpanying the product at any time which differ in substance
				from written representations made in connection with
				registration.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 45 - Pesticides › Rule 21-45.11 - Name of Product

Current through Register Vol. 47, No. 3, July 24, 2024
The name of the product shall appear on the labeling so as not
				to emphasize any one ingredient or otherwise be misleading. It shall not be
				arranged on the label in such a manner as to be confused with other terms,
				trade names or legends.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 45 - Pesticides › Rule 21-45.12 - Brand Names, Duplication Of, or Infringement On

Current through Register Vol. 47, No. 3, July 24, 2024
A brand name is distinctive with reference to the material to
				which it applies and the registration of a pesticide under the same brand name
				by two or more manufacturers or shippers should be denied or refused. This
				principle applies also to the registration of brand names so similar in
				character as to be likely to be confused by the purchaser In the event the same
				name or a closely similar one is offered by another manufacturer, the secretary
				may decline the said name a second time, for registration unless required to do
				so by an order of court.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 45 - Pesticides › Rule 21-45.13 - Ingredient Statement

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Location of ingredient statement.
The ingredient statement
			 must appear on that part of the label displayed under customary conditions of
			 purchase except in cases where the secretary determines that, due to the size
			 or form of the container, a statement on that portion of the label is
			 impractical, and permits such statement to appear on another side or panel of
			 the label. When so permitted, the ingredient statement must be in larger type
			 and more prominent than would otherwise be possible. The ingredient statement
			 must run parallel with other printed matter on the panel of the label on which
			 it appears and must be on a clear contrasting background not obscured or
			 crowded.
(2)
Names of
			 ingredients.
The well-known Cornmon name of the ingredient must be
			 given or, if the ingredient has no Cornmon name, the correct chemical name. If
			 there is no Cornmon name and the chemical Cornposition is unknown or Cornplex,
			 the secretary may permit the use of a new or coined name which the secretary
			 finds to be appropriate for the information and protection of the user If the
			 use of a new or coined name is permitted, the secretary may prescribe the terms
			 under which it may be used. A trademark or trade name may not be used as the
			 name of an ingredient except when it has beCorne a Cornmon name.
(3)
Percentages of
			 ingredients.
Percentages of ingredients shall be determined by weight
			 and the sum of the percentages of the ingredients shall be one hundred. Sliding
			 scale forms of ingredient statements shall not be used.
(4)
Designation of
			 ingredients.
a. Active ingredients
			 and inert ingredients shall be so designated, and the term "inert ingredient"
			 shall appear in the same size type and be equally as prominent as the term
			 "active ingredients."
b. If the
			 name but not the percentage of each active ingredient is given, the names of
			 the active and inert ingredients shall respectively be shown in the descending
			 order of the percentage of each present in each classification and the name of
			 each ingredient shall be given equal prominence.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 45 - Pesticides › Rule 21-45.14 - Net Contents

Current through Register Vol. 47, No. 3, July 24, 2024
Each package of pesticide shall show the net weight or measure
				of content, either stenciled or printed on the package or container, or on a
				tag attached thereto. Indefinite statements of content such as ".... oz. when
				packed" shall not be used. Statements of liquid measure, or of specific gravity
				or density of liquid preparations, or expression of Cornposition in terms of
				pounds per gallon shall be made on the basis of 68°F. (20°C.) except
				when other basis has been established through trade custom.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 45 - Pesticides › Rule 21-45.15 - Coloration of Highly Toxic Materials

Current through Register Vol. 47, No. 3, July 24, 2024
The white powder pesticides hereinafter named shall be colored
				or discolored in accordance with this rule. Provided, however, that any such
				white powder pesticide which is intended solely for use by a textile
				manufacturer or Cornmercial laundry, cleaner or dyer as a moth-proofing agent,
				which would not be suitable for such use if colored and which will not Corne
				into the hands of the public except when incorporated into a fabric, shall not
				be required to be so colored or discolored in accordance with this rule. The
				hues, values and chromas specified are those contained in the Mimsell Book of
				Color, Munsell Color Cornpany, 10 East Franklin Street, Baltimore,
				Maryland.
(1) The coloring agent must
			 produce a uniformly colored product not subject to change in color beyond the
			 minimum requirements during ordinary conditions of marketing and storage and
			 must not cause the product to beCorne less effective or cause damage when used
			 as directed or in accordance with Cornmonly recognized safe practice.
(2) Standard lead arsenate, basic lead
			 arsenate, calcium arsenate, magnesium arsenate, zinc arsenate, zinc arsenite
			 and barium fluosilicate shall be colored any hue, except the yellow-reds and
			 yellows, having a value of not more than eight or a chroma of not less than
			 four or shall be discolored to a neutral lightness value not over
			 seven.
(3) Sodium fluoride and
			 sodium fluosilicate shall be colored blue or green having a value of not more
			 than eight and a chroma of not less than four or shall be discolored to a
			 neutral lightness value not over seven.
(4) Other white powder pesticides may be
			 required to be colored or discolored after investigation and public
			 hearing.
(5) The secretary may
			 permit other hues to be used for any particular purpose if the prescribed hues
			 are not feasible for such purposes, and if such action will not be injurious to
			 the public.
(6) The coloration
			 requirements above shall apply to the materials named therein and not to
			 nonhighly toxic mixtures consisting of other ingredients with highly toxic
			 materials.
This rule is intended to implement Iowa Code section
				206.11.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 45 - Pesticides › Rule 21-45.16 - Illegal Acts

Current through Register Vol. 47, No. 3, July 24, 2024
All pesticides, whether registered or not, sold or offered for
				sale shall Cornply with the provisions of section
				206.11(1)
				 of the pesticide Act.
The secretary shall examine pesticides from time to time, and
				if it appears at any time that a pesticide fails to Cornply with any provision
				of the pesticide Act, notice may be given to the manufacturer or seller thereof
				and an opportunity to present views either orally or in writing about the
				alleged violation. If it then appears that the provisions of this Act have been
				violated, a statement of the facts may be sent to the county attorney in the
				county in which the violation occurred for the purpose of instituting criminal
				proceedings.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 45 - Pesticides › Rule 21-45.17 - Guarantee of Pesticide

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any
			 manufacturer or distributor or other person residing in the United States may
			 furnish to any person to whom it sells a pesticide a guarantee that the
			 pesticide was lawfully registered at the time of sale and delivery to such
			 person, and that the pesticide Cornplies with all the requirements of the Act
			 and rules herein.
(2) No reference
			 to or suggestion that a guarantee of registration has been given shall be made
			 in the labeling of any pesticide.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 45 - Pesticides › Rule 21-45.18 - Shipments for Experimental Use

Current through Register Vol. 47, No. 3, July 24, 2024
A pesticide shipped or delivered for experimental use shall not
				be considered a violation of section
				206.11(1)
				 of the pesticide Act.
(1) When the pesticide is shipped or
			 delivered for experimental use under the supervision of any federal or state
			 agency authorized by law to conduct research.
(2) By others if the pesticide is not sold
			 and if the container thereof is plainly and conspicuously marked "For
			 Experimental Use Only-Not To Be Sold".
(3) Or provided that a written permit has
			 been obtained from the secretary either specific or general subject to such
			 restrictions or conditions as may be set forth in the permit. The application
			 for such a permit shall contain such information as may be required by the
			 secretary; and in addition the proposed labeling thereon shall bear (1) the
			 prominent statement "For Experimental Use Only" on the container label; (2) a
			 caution or warning statement which may be necessary and if Cornplied with
			 adequate for the protection of those who may handle or be exposed to the
			 experimental products; (3) the name and address of the applicant; (4) the name
			 or designation of the formulation; (5) if the pesticide is to be sold, the
			 statement of the names and percentages of the principal active ingredients in
			 the product.
(4) A pesticide
			 intended for experimental use shall not be offered for general sale by a
			 retailer or others, or advertised for general sale.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 45 - Pesticides › Rule 21-45.19 - Enforcement

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Collection of
			 samples. Samples of pesticides and devices shall be collected by an official
			 investigator or by any employee of the state who has been duly designated by
			 the secretary, by entry into any place during reasonable business
			 hours.
(2) Nonchemical pest control
			 devices. Manufacturers or their representatives intending to sell or lease a
			 nonchemical pest control device in the state shall submit efficacy and safety
			 data to the department of agriculture and land stewardship prior to the sale or
			 lease. This requirement may include the furnishing of specimen devices or
			 samples. The department or the department's designee shall examine or test the
			 device as may be necessary to ascertain the reliability, efficacy and safety
			 data of the device and actual or potential adverse effects of the device upon
			 human health and safety. The costs of conducting the examination or test shall
			 be borne by the manufacturer or the manufacturer's representative.
(3) Notice of apparent violation. If from an
			 examination or analysis a pesticide appears to be in nonCornpliance with the
			 pesticide Act, a written stop sale, use or removal notice will be initiated by
			 the secretary or the secretary's duly appointed authority. The notice shall
			 state the manner in which the product fails to meet the requirements of the Act
			 and the regulations and that the recipient shall be given an opportunity to
			 offer such written explanation as the recipient may desire.
(4) Any person may obtain an opportimity to
			 present relevant arguments or Cornments by submitting a written request within
			 20 days from the date of mailing of the notice.
(5) The secretary may suspend an applicator's
			 license, permit or certification pending inquiry and, after opportunity for a
			 hearing, may deny, suspend, revoke or modify any provision of any license,
			 permit or certification issued under the Act, upon receipt of information from
			 the environmental protection agency that the applicator has been convicted
			 under the criminal provision of Section 14(b) of FIFRA or has been assessed a
			 civil penalty under Section 14(a) of FIFRA.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 45 - Pesticides › Rule 21-45.20 - Hazardous Rodenticides

Current through Register Vol. 47, No. 3, July 24, 2024
Before the rodenticides sodium fluoracetate (1080), thallium
				sulfate, and phosphorous pastes are to be used by any federal, state, county,
				municipal, or public officers, or their deputies, employees, or agents, in
				their official duties in pest control; or licensed pest control operators for
				use in their service work; the applicator shall notify the department of
				agriculture and land stewardship prior to use, of:
(1) The location or site where the
			 rodenticide is to be used;
(2) Date
			 the application is to be made; and
(3) The amount of hazardous rodenticide to be
			 used. At the time of notification the licensee must give assurance that the
			 certified applicator imderstands the hazards of the product, the standard
			 operating procedures as provided by the manufacturer, and, assure the
			 department that the certified applicator will Cornply with all label
			 precautions. Failure to Cornply with this rule may result in the suspension or
			 revocation of the applicator's license.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 45 - Pesticides › Rule 21-45.21 - Highly Toxic

Current through Register Vol. 47, No. 3, July 24, 2024
A pesticide which falls within any of the following categories
				when tested on laboratory animals (mice, rats and rabbits) is highly toxic to
				humans within the meaning of these principles:
(1)
Oral toxicity.
Those
			 which produce death within 14 days in half or more than half the animals of any
			 species at a dosage of 50 milligrams at a single dose, or less, per kilogram of
			 body weight when administered orally to ten or more such animals of each
			 species.
(2)
Toxicity on
			 inhalation.
Those which produce death within 14 days in half or more
			 than half of the animals of any species at a dosage of 200 parts or less by
			 volume of the gas or vapor per million parts by volume of air when administered
			 by continuous inhalation for one hour or less to ten or more animals of each
			 species, provided such concentration is likely to be encountered by humans when
			 the pesticide is used in any reasonably foreseeable manner.
(3)
Toxicity by skin
			 absorption.
Those which produce death within 14 days in half or more
			 than half of the animals (rabbits only) tested at a dosage of 200 milligrams or
			 less per kilogram of body weight when administered by continuous contact with
			 the bare skin for 24 hours or less to ten or more animals.
(4)
Designation as highly
			 toxic.
Provided, however, that the secretary may exempt any pesticide
			 which meets the above standard but which is not in fact highly toxic to humans,
			 from these principles with respect to pesticides highly toxic to humans, and
			 may after a hearing designate as highly toxic to humans any pesticide which
			 experience has shown to be so in fact.
(5)
Human data.
If the
			 secretary finds, after opportunity for hearing that available data on human
			 experience with any pesticide indicates a toxicity greater than that indicated
			 from the above described tests on animals, the human data shall take precedence
			 and if that protection of the public health so requires, the secretary shall
			 declare such pesticide to be highly toxic to humans for the purposes of this
			 Act and the regulations thereunder
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 45 - Pesticides › Rule 21-45.22 - License and Certification Standards for Pesticide Applicators

Current through Register Vol. 47, No. 3, July 24, 2024
No person shall engage in the business of applying pesticides
				to the land or property of another at any time without being licensed and
				certified by the secretary. No person shall apply any restricted use pesticide
				without first complying with certification standards or unless the application
				is made under the direct supervision of a certified applicator as specified in
				this chapter
(1)
License for
			 commercial, noncommercial and public applicators.
Before a license is
			 issued, each commercial, noncommercial and public applicator shall demonstrate
			 competence by qualifying for a commercial, noncommercial and public
			 applicator's license by successfully completing the appropriate certification
			 examinations administered by the secretary to demonstrate knowledge regarding
			 the potential for pesticides contaminating groundwater aquifers and proper
			 pesticide handling practices that will aid in preventing the contamination of
			 groundwater aquifers, calibration, integrated pest management, recognition of
			 common pests to be controlled, timing and methods of application,
			 interpretation of label and labeling information, safety precautions and
			 preharvest or reentry restrictions, specific procedures to be used in disposing
			 of pesticides and containers, and related legal responsibility under the
			 classifications for which such applicant is to be licensed.
a. Examination scores for individuals not
			 completing certification requirements or paying the required fees shall be
			 maintained on file as valid test scores for a maximum of one year following the
			 date each examination was successfully completed.
b. Certification categories which are added
			 to an individual's current certification shall expire on the same date the
			 individual's current certification card expires.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 45 - Pesticides › Rule 21-45.23 - Sale or Possession of Thallium

Current through Register Vol. 47, No. 3, July 24, 2024
No person shall sell or possess any thallium or thallium
				Cornpound except federal, state, county, municipal officers or their deputies
				for use in their official duties in pest control; research or chemical
				laboratories in their respective fields; regularly licensed pest control
				operators for use in their own service work; properly registered ant, mole and
				rodent poisons containing thallium expressed as metallic not more than one
				percent; wholesalers or jobbers of pesticides for sale to the aforementioned
				persons; or for export.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 45 - Pesticides › Rule 21-45.24 - Warning, Caution and Antidote Statements

Current through Register Vol. 47, No. 3, July 24, 2024
In order to promote uniformity between the requirements of the
				Iowa pesticide Act and requirements of the several states and the federal
				government, Iowa Code section
				206.21
				of the Iowa pesticide Act provides for the adoption of rules and regulations in
				conformity with those prescribed by the United States department of
				agriculture. Warning, caution and antidote statements required to appear on
				labels of pesticides under the pesticide Act shall conform to the warning,
				caution and antidote statements required under interpretation 18 and revisions
				thereof of the regulations for the enforcement of the federal Insecticide,
				Fungicide, and Rodenticide Act, which interpretation 18 and revisions thereof
				are hereby incorporated into this rule by this reference and made a part
				hereof
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 45 - Pesticides › Rule 21-45.25 - Declaration of Pests

Current through Register Vol. 47, No. 3, July 24, 2024
The secretary declares the following to be pests:
1. Any insect, rodent, nematode, fungus,
			 weed, or
2. Any form of plant and
			 animal life, virus, or other microorganism, except viruses or other
			 microorganisms on or in living man or other living animals, which exists under
			 circumstances that make it unduly injurious to plants, man, domestic animals,
			 other useful vertebrates, useful invertebrates, or other articles or
			 substances.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 45 - Pesticides › Rule 21-45.26 - Record-keeping Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
Cornmercial applicators and retail dealers shall maintain
				records with respect to application of pesticides for a period of three years
				from the date of application of the pesticides to which the records refer; and
				shall furnish copies to the secretary upon request in writing.
(1)
Retail dealers
-
sales to certified applicators.
Each restricted use pesticide
			 retail dealer shall maintain at each individual dealership records of each
			 transaction where a restricted use pesticide is made available for use by that
			 dealership to a certified applicator Record of each transaction shall include
			 the following information:
a. Name and
			 address of the residence or principal place of business of each person to whom
			 the pesticide was made available for use.
b. The certification number on the document
			 evidencing that person's certification, the state (or other governmental unit)
			 that issued the document, the expiration date of the certification and the
			 categories in which the applicator is certified, if appropriate.
c. The product name, EPA registration number
			 granted under Section 24(c) of the FIFRA (if any) on the label of the
			 pesticide.
d. The quantity of the
			 pesticide made available for use in the transaction.
e. The date of the transaction.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 45 - Pesticides › Rule 21-45.27 - Use of High Volatile Esters

Current through Register Vol. 47, No. 3, July 24, 2024
The use of high volatile esters formulations of 2,4-D and
				2,4,5-T, the alcohol fraction of which contains five or fewer carbons, shall be
				prohibited in the counties of Harrison, Mills, Lee, Muscatine and that part of
				Pottawattamie county west of Range 41 West of the 5th P.M. to beCorne effective
				upon filing.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 45 - Pesticides › Rule 21-45.28 - Emergency Single Purchase/single Use of Restricted Pesticide

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall issue a temporary certificate to private
				applicators for a single purchase/single use of restricted pesticides in
				situations declared to be an emergency by the department, upon receipt of the
				following Cornpleted and signed affidavit.
21-45.28(206) EMERGENCY USE OF A RESTRICTED USE PESTICIDE BY A
				PRIVATE APPLICATOR
Emergency Single Purchase/Single Use of Restricted
				Pesticide-Affidavit. The Label which I have read, indicates:
Brand name of
				pesticide:_____________________________________________________________
Federal Registration
				Number:_________________________________________________________
Name of Active
				Ingredient(s):_________________________________________________________
Percentage of Active
				Ingredient(s):_____________________________________________________
If the pesticide product is to be mixed with a carrier, show
				the amount of pesticide product per gallon of tank mix:
Application rate per
				acre:_____________________________________________________________
Name pest to be
				controlled:___________________________________________________________
At what stage of development is the pest most easily
				controlled:
State degree of hazard (signal
				word):___________________________________________________
Describe safety equipment
				required:____________________________________________________
What is the reCornmended antidote for this
				product:_______________________________________
List environmental precaution shown on
				label:___________________________________________
Length of time until re-entry, if
				given:__________________________________________________
Preharvest interval days
				required:______________________________________________________
Describe method of container
				disposal:__________________________________________________
I wish to make application of this pesticide on
				(date)__________________________________________ and I hereby swear under
				penalty of perjury that I understand the above label information and
				warnings.
_________________________
(name of private applicator)
This rule is intended to implement Iowa Code sections
				206.4
				and
				206.5.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 45 - Pesticides › Rule 21-45.29 - Application of General Use Pesticide by Nonlicensed Cornmercial Applicator

Current through Register Vol. 47, No. 3, July 24, 2024
A sperson may apply a general use pesticide without satisfying
				the licensing requirements of Iowa Code chapter 206, upon presenting evidence
				to the secretary of applying the pesticide under the direct supervision of a
				licensed Cornmercial applicator or a public applicator
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 45 - Pesticides › Rule 21-45.30 - Restricted Use Pesticides Classified

Current through Register Vol. 47, No. 3, July 24, 2024
Pesticide products containing active ingredients classified as
				restricted use are limited to use by or under the direct supervision of a
				certified applicator The pesticide use classification as promulgated by the
				United States Environmental Protection Agency in 40 CFR, Section 152.160 -175,
				revised as of May 4, 1988, is hereby adopted in its entirety by this
				reference.
This rule is intended to implement Iowa Code section
				206.20.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 45 - Pesticides › Rule 21-45.31 - Application of Pesticides Toxic to Bees

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Owners of apiaries, in order to protect
			 their bees from pesticide applications, shall register the location of their
			 apiaries with the state apiarist. Registration shall be on forms provided by
			 the department. The registration expires December 31 each year and may be
			 renewed the following year.
(2)
			 Between 8 a.m. and 6 p.m., a Cornmercial applicator shall not apply to blooming
			 crops pesticides labeled as toxic to bees when the Cornmercial applicator is
			 located within one mile of a registered apiary. A Cornmercial applicator shall
			 be responsible for maintaining the one-mile distance from apiaries that are
			 registered and listed on the sensitive crop registry on the first day of each
			 month. This rule is intended to implement Iowa Code sections
			 206.6(5)
			  "a"(3) and 206.19(2).
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 45 - Pesticides › Rule 21-45.32 - Use of Ddt and Ddd

Current through Register Vol. 47, No. 3, July 24, 2024
Pesticides containing dichloro diphenyl trichloroethane (DDT)
				or dichloro diphenyl dichloroethane (DDD) shall not be distributed, sold or
				used except for control of pests of public health importance and pests subject
				to state or federal quarantines where applications of pesticides are made under
				the direct supervision of public health officials or state or federal
				quarantine officials.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 45 - Pesticides › Rule 21-45.33 - Use of Inorganic Arsenic

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Home use.
Formulations of inorganic arsenic containing more
			 than one percent arsenic (expressed as elemental arsenic) shall not be
			 distributed or sold for use as a pesticide in or around the home for the
			 purpose of preventing, destroying or repelling any weed, rodent, insect or
			 other pests.
(2)
Other
			 uses.
Formulations of inorganic arsenic shall not be distributed or
			 sold for use as a pesticide for the purpose of preventing, destroying or
			 repelling any weed, rodent, insect or other pests, unless there are no
			 acceptable alternative methods of control available, as determined by the
			 department. Where no acceptable alternative methods of control are available,
			 and an inorganic arsenic formulation is approved for use by the department,
			 such approval shall include specific conditions designed to protect the
			 applicator, as well as the public health and welfare; and a permit must be
			 secured by the user from the department prior to the application or use of the
			 product.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 45 - Pesticides › Rule 21-45.34 - Use of Heptachlor

Current through Register Vol. 47, No. 3, July 24, 2024
Pesticides containing heptachlor shall not be distributed, sold
				or used for the purposes of preventing, destroying or repelling mosquitoes or
				flies.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 45 - Pesticides › Rule 21-45.35 - Use of Lindane

Current through Register Vol. 47, No. 3, July 24, 2024
Formulations of pesticides containing lindane or crystalline
				lindane shall not be distributed, sold or used when the lindane is prepared,
				identified, packaged or advertised to be vaporized through the use of thermal
				vaporizing devices.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 45 - Pesticides › Rule 21-45.36 - Reports of Livestock Poisoning

Current through Register Vol. 47, No. 3, July 24, 2024
Any person practicing veterinary medicine under the provisions
				of Iowa Code chapter 169 encountering a case of poisoning, or suspected
				poisoning, of domestic livestock through injury from contact with, exposure to,
				or ingestion of any biological or chemical agent or Cornpound, shall
				immediately report by telephone or telegraph such poisoning to the head of the
				veterinary diagnostic laboratory of Iowa state university of science and
				technology who shall immediately notify the state veterinarian of any such
				reports. Reports made pursuant to this rule shall be confirmed in writing as
				provided in 45.36(2).
(1)
Verbal report.
The verbal report of a case of such poisoning
			 shall provide information on as many of the items listed in 45.36(2) as
			 available data allows.
(2)
Written report.
The written report of a case of such poisoning
			 shall be submitted within 48 hours, with one copy to the department and one
			 copy to the veterinary diagnostic laboratory, and shall contain the following
			 information on forms provided by the veterinary diagnostic laboratory or the
			 department:
a. Location of
			 incident.
b. Time and date of
			 incident.
c. Number and type of
			 livestock affected.
d. Poison
			 agent, known or suspected.
e.
			 Location of source of poisoning.
f.
			 Type and degree of poisoning.
g.
			 Name, mailing address and telephone number of livestock owner.
h. Whether release of poisoning agent is
			 continuing.
i. Whether poisoning
			 agent is on land or in water.
j.
			 Any other information that may assist in evaluation of the incident.
k. Name and address of reporting
			 veterinarian.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 45 - Pesticides › Rule 21-45.37 - Approval of Use of Inorganic Arsenic Formulation

Current through Register Vol. 47, No. 3, July 24, 2024
There are two stages in obtaining approval for the use of an
				inorganic arsenic formulation pursuant to rule 45.33(206). First, the advisory
				Cornmittee must approve the use of the formulation in the state for a
				particular pest. Then, each individual desiring to use the approved formulation
				must secure a permit from the department. The required procedure is set out in
				this rule.
(1)
Who may
			 apply.
Any person may apply for approval for the use of an inorganic
			 arsenic formulation to control a specific pest or pests pursuant to rule
			 45.33(206).
(2)
Form of
			 application.
All such applications shall be made in writing, signed by
			 the applicant, and shall specify:
a. Cornmon
			 name or scientific name of pest or pests to be controlled with the
			 formulation,
b. Crops which the
			 pest or pests endanger,
c. Chemical
			 name of inorganic arsenic formulation for which approval is
			 requested,
d. why there are no
			 acceptable alternative methods of controlling the pests available,
e. Rate of application needed for
			 control,
f. Number of applications
			 needed annually for control.
g.
			 Name, address and telephone number of the applicant.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 45 - Pesticides › Rule 21-45.45 - Etbylene Dibromide (EDB) Residue Levels in Food

Current through Register Vol. 47, No. 3, July 24, 2024
The following is the maximum allowable residue levels of
				Etbylene dibromide (EDB) for each of the three primary tiers of grain
				products:
(1) For raw grain, the level
			 should not exceed 900 parts per billion.
(2) Intermediate level products-flour,
			 various mixes for preparing baked goods, soft cereals and other products that
			 would normally require cooking or baking before eating-the level should not
			 exceed 150 parts per billion.
(3)
			 For ready-to-eat products-cold cereals, snack foods, bread and all baked
			 goods-the level should not exceed 30 parts per billion.
(4) For baby food, zero (0) tolerance-no
			 acceptable level of EDB is permissible.
(5) For fruit, the level should not exceed
			 250 parts per billion tolerance for the total fruit and should not exceed 30
			 parts per billion in the edible portion of the fruit.
This rule is intended to implement Iowa Code sections 189.17,
				190.2 and 206.21.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 45 - Pesticides › Rule 21-45.46 - Use of Pesticide Cornmand 6ec

Current through Register Vol. 47, No. 3, July 24, 2024
The pesticide Cornmand 6EC Herbicide EPA Reg. No. 279-3054
				(active ingredient: 2-(2-Chlorophenyl) metbyl-4,
				4-dimetbyl-3-isoxazolidinone... 64.3%) or any identically formulated Cornpound
				shall be soil incorporated immediately following application. The method of
				application shall be limited to ground equipment.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 45 - Pesticides › Rule 21-45.47 - Reporting of Pesticide Sales

Current through Register Vol. 47, No. 3, July 24, 2024
Cornmercial pesticide applicators, pesticide dealers, pesticide
				manufacturers and pesticide distributors with the exception of manufacturers or
				distributors that distribute pesticides for resale purposes only shall submit
				annual reports to the Iowa department of agriculture and land stewardship by
				October 1 of each year on forms approved by the secretary of agriculture except
				that pesticide manufacturers or pesticide distributors that distribute
				pesticides only for resale purposes shall not be required to submit a report.
				The reports shall include information related to the gross dollar amount for
				all pesticides sold at retail for use in this state. The reports shall also
				list the individual label name, EPA registration number and the gross dollar
				amount of each pesticide sold at retail for which gross retail sales are $3000
				or more.
This rule is intended to implement Iowa Code sections
				206.6,
				206.8
				and
				206.12.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 45 - Pesticides › Rule 21-45.48 - Dealer License Fees

Current through Register Vol. 47, No. 3, July 24, 2024
A dealer license fee for a dealer with less than $100,000 in
				gross retail pesticide sales shall be $10 if the annual gross retail sales are
				less than $10,000; $25 if the annual gross retail sales are $10,000 or more but
				less than $25,000; $50 if the annual gross retail sales are $25,000 or more but
				less than $50,000; $75 if the annual gross retail sales are $50,000 or more but
				less than $75,000; and $100 if the annual gross retail sales are $75,000 or
				more but less than $100,000. The annual dealer license fee for a dealer with
				$100,000 or more in gross retail pesticide sales shall be based on one-tenth of
				one percent of the gross annual sales of all pesticides sold the previous
				fiscal year. The fiscal year shall begin July 1 and end June 30 of the
				following year.
(1) A pesticide dealer
			 license expires on June 30 of each year. However, a three-month grace period
			 shall be allowed for renewal of pesticide dealer licenses. A late fee of $25 is
			 imposed on a dealer with less than $100,000 in gross retail pesticide sales,
			 and a late fee of 5 percent of the license fee due based on the gross pesticide
			 retail sales shall be imposed upon the licensure of a pesticide dealer with $
			 100,000 or more in gross retail pesticide sales. The application for renewal
			 shall be considered complete once the required fees and reports have been
			 submitted to the department.
(2)
			 The annual license fee for manufacturers or distributors distributing
			 pesticides for resale purposes only shall be $25. License fees required by this
			 rule shall be due July 1 of each year.
This rule is intended to implement Iowa Code sections
				206.6,
				206.8 and
				206.12.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 45 - Pesticides › Rule 21-45.49 - Pesticide Use Recornmendations

Current through Register Vol. 47, No. 3, July 24, 2024
Persons making pesticide use reCornmendations shall be familiar
				with the safe and proper use of each pesticide for which reCornmendations are
				made and shall not make any reCornmendations which are contrary to label
				instructions. The employer or licensee shall be responsible for all pesticide
				use reCornmendations made by their employees which are contrary to label
				instructions.
This rule is intended to implement Iowa Code sections
				206.2,
				206.4,
				206.5,
				206.6,
				206.7 and
				206.31.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 45 - Pesticides › Rule 21-45.50 - Notification Requirements for Urban Pesticide Applications

Current through Register Vol. 47, No. 3, July 24, 2024
All Cornmercial or public applicators who apply pesticides
				within urban areas in municipalities shall post or affix notification signs at
				the start of the application and for at least 24 hours following the
				application or longer if required by the reentry directions on the pesticide
				label(s). The requirements of this rule shall not apply to the application of
				pesticides within a structure or within six feet of the outside perimeter of a
				structure and to pesticide applications made by the homeowner or tenant to
				their property.
For purposes of enforcement of this rule the term
				"municipality" shall include any city or developed residential area in the
				state. The term "urban" shall mean any area within or belonging to a city or
				developed residential area.
(1)
Residential lawns.
a.
			 Notification signs shall project at least 12 inches above the top of the grass
			 line or 18 inches to the top of the signs.
b. The notification sign shall be posted on a
			 lawn or yard between two feet and five feet from the sidewalk or street.
			 Residences that have unfenced or open backyards shall be posted within two feet
			 to five feet from the back lot line.
c. When landscaping or other obstructions
			 prohibit Cornpliance with the minimum distances specified, the notification
			 signs shall be posted in a manner that is reasonably within the intent of this
			 subrule.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 45 - Pesticides › Rule 21-45.52 - Continuing Instructional Courses for Pesticide Applicator Recertification

Current through Register Vol. 47, No. 3, July 24, 2024
A certified private, commercial, noncommercial or public
				applicator may elect to renew the pesticide applicator certification by
				attending two hours of approved continuing instructional courses each year
				during the renewal period as specified in subrule 45.22(5) in lieu of passing
				an examination.
(1)
Requirements for continuing instructional courses.
a. An approved continuing instruction course for
			 pesticide applicator recertification shall include, as a minimum, information
			 on safe handling, application and storage of pesticides; the correct
			 calibration of equipment used for the application of pesticides; effects of
			 pesticides upon groundwater; and the federal standards for pesticide applicator
			 certification outlined in
			 40 CFR 171.5 as
			 revised July 1, 1992, for private applicators or
			 40 CFR
			 171.4(b) and (c) revised as
			 of July 1,1992, for commercial applicators.
b. Instructional courses and materials for
			 recertification shall be developed or approved by the department in cooperation
			 with the Iowa Cooperative Extension Service in agriculture and home economics
			 of Iowa State University of Science and Technology. The instructional course
			 content shall be selected to cover the minimum standards outlined in
			 paragraph
"a "
of this subrule and presented in two-hour blocks
			 in three consecutive calendar years.
c. The instructional courses may be conducted
			 by the department, Iowa State University Cooperative Extension Service or other
			 persons interested in the application of pesticides as qualified under
			 45.52(2)
"b."
d.
			 An instructional course offered by a college, university, industry association
			 or other organization may be approved for continuing instruction credit
			 provided the instructional course meets the minimum standards for certification
			 specified in paragraph
"a "
of this subrule.
e. Courses for approved continuing
			 instruction are not intended for the sale of products or services.
f. An approved instructional course shall
			 designate the certification categories that are eligible for continuing
			 instruction credit. A two-hour program may qualify for more than one
			 certification category. No credit shall be approved for persons not certified
			 in the corresponding categories.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 45 - Pesticides › Rule 21-45.100 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
Where used in these rules:
"Contestedcase hearing"
means an evidentiary
				hearing pursuant to Iowa Code chapter 17A.
"Department"
means the pesticide bureau of the
				Iowa department of agriculture and land stewardship.
"Informal settlement"
means an agreement
				between representatives of the department and a Cornmercial applicator
				providing for sanctions for a violation of Iowa Code chapter 206 or the
				department's rules but does not include a contested case hearing.
"Panel"
means the peer review panel.
"Peer review panel"
means the peer review
				panel appointed by the secretary to assist in the review of proposed civil
				penalties for Cornmercial applicators.
"Review period"
means the period of time
				during which the department or Cornmercial applicator subject to a civil
				penalty may seek review by the panel.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 45 - Pesticides › Rule 21-45.101 - Cornmercial Pesticide Applicator Peer Review Panel

Current through Register Vol. 47, No. 3, July 24, 2024
The peer review panel was created by Iowa Code section
				206.23
				A and is charged with the responsibility of assisting the department in
				assessing or collecting a civil penalty pursuant to Iowa Code section
				206.19(5).
				This section does not apply to a license revocation proceeding, a referral for
				criminal prosecution or a referral to the United States Environmental
				Protection Agency.
(1)
Organization and operation location.
The panel is located
			 within the Iowa Department of Agriculture and Land Stewardship, Henry A.
			 Wallace Building, Des Moines, Iowa 50319. The department's office hours are
			 from 8 a.m. to 4:30 p.m., Monday through Friday.
(2)
Membership.
The panel
			 consists of five members as set forth in Iowa Code section
			 206.23A.
(3)
Staff.
Staff assistance
			 is provided through the Iowa department of agriculture and land
			 stewardship.
(4)
Meetings.
The panel meets annually to elect a chairperson but
			 may meet at other times at the call of the chairperson or upon written request
			 to the chairperson of two or more members.
All panel meetings shall Cornply with Iowa Code chapter 21. A
				quorum of three-fifths of the panel members shall be present to transact
				business.
Action by the panel requires a vote of a majority of those on
				the panel. Meetings follow Robert's Rules of Order Minutes of each meeting are
				available from the Secretary of Agriculture, Iowa Department of Agriculture and
				Land Stewardship, Henry A. Wallace Building, Des Moines, Iowa
				50319.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 45 - Pesticides › Rule 21-45.102 - Civil Penalties-establishment, Assessment, and Collection

Current through Register Vol. 47, No. 3, July 24, 2024
Cornmercial applicators who violate provisions of Iowa Code
				chapter 206 or rules promulgated pursuant to Iowa Code chapter 206 may be
				subject to civil penalties. This rule outlines the criteria and procedures for
				establishing, assessing, and collecting civil penalties.
(1)
Criteria.
In evaluating
			 a violation to determine which cases may be appropriate for administrative
			 assessment of penalties, and in determining the amount of penalty, or for
			 purposes of assessing civil penalties, the department shall consider all of the
			 following factors:
a. Willfulness or
			 recklessness of the violation.
b.
			 Actual or potential danger of injury to the public health, safety, or damage to
			 the environment caused by the violation.
c. Actual or potential cost of the injury or
			 damage caused by the violation to the public health or safety or to the
			 environment.
d. Actual and
			 potential cost incurred by the department in enforcing the provisions of Iowa
			 Code chapter 206 and rules adopted pursuant to this chapter against the
			 violator
e. Remedial action taken
			 by the Cornmercial applicator
f.
			 Previous history of nonCornpliance by the Cornmercial applicator being assessed
			 the civil penalty.