reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › Section 16-228-1260 - What are the restrictions on the distribution of tributyltin products?

Current through Register Vol. 24-14, July 15, 2024
(1) The
				distribution for use in Washington state of paint, stain, paint additives, or
				similar products containing any chemical form of tributyltin for use in
				interiors of inhabited structures (i.e., residences, office buildings,
				institutions, recreational vehicles, and retail stores) shall be prohibited:
				Provided that this section shall not apply to specialty products, such as tile
				grout additives or cooling tower biocides.
(2) No tributyltin-containing paint, stain,
				paint additives, or similar products as specified in subsection (1) of this
				section may be registered for distribution unless its label clearly indicates
				that it shall not be used on interior surfaces of inhabited structures or that
				it shall be used on exterior surfaces only.
Statutory Authority: Chapters 17.21, 15.58,
					 34.05 RCW. 03-22-029, §
					 16-228-1260, filed 10/28/03, effective 11/28/03. Statutory Authority:
					 Chapters
					 15.54, 15.58 and 17.21
					 RCW. 99-22-002, § 16-228-1260, filed 10/20/99, effective
					 11/20/99.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › Section 16-228-1262 - When are pesticides containing the active ingredient thiamethoxam use restricted pesticides?

Current through Register Vol. 24-14, July 15, 2024
Pesticides containing the active ingredient thiamethoxam are
				  declared to be use restricted pesticides when labeled for use on pome fruits,
				  including apples and pears.
Statutory Authority: Chapters 17.21, 15.58, and
					 34.05 RCW. 07-11-041A, §
					 16-228-1262, filed 5/9/07, effective 6/9/07. Statutory Authority:
					 RCW
					 15.58.040,
					 17.21.030, and
					 chapter
					 34.05 RCW. 03-05-033,
					 § 16-228-1262, filed 2/11/03, effective
					 3/14/03.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › Section 16-228-1264 - What are the restrictions on the use of pesticides containing the active ingredient thiamethoxam when labeled for use on pome fruits, including apples and pears?

Current through Register Vol. 24-14, July 15, 2024
In addition to the restrictions placed on the product label,
				  pesticides containing the active ingredient thiamethoxam cannot be applied to
				  pome fruits, including apples and pears, without complying with the
				  requirements in WAC
				  16-228-1266.
Statutory Authority:
					 RCW
					 15.58.040,
					 17.21.030, and
					 chapter
					 34.05 RCW. 03-05-033,
					 § 16-228-1264, filed 2/11/03, effective
					 3/14/03.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › Section 16-228-1266 - What requirements must I comply with before making an application of a pesticide containing the active ingredient thiamethoxam to pome fruits, including apples and pears?

Current through Register Vol. 24-14, July 15, 2024
Before applying thiamethoxam to pome fruits, including apples
				  and pears, you must comply with the following requirements:
(1) For product labeled for use on
apples,
apply thiamethoxam prior to prebloom (prepink or tight
				cluster growth stage) or after post bloom (petal fall). Do not apply
				thiamethoxam between prebloom and petal fall.
(2) For
pears,
apply
				thiamethoxam prior to prebloom (green cluster or cluster bud stage) or after
				post bloom (petal fall). Do not apply thiamethoxam between prebloom and petal
				fall.
(3) Do not apply thiamethoxam
				to blooming plants or allow it to drift onto blooming plants. This is
				especially critical if there are adjacent orchards that are blooming. (Refer to
				recommendations to avoid spray drift on the product label for additional
				information.)
(4) After an
				application of thiamethoxam, wait at least five days before placing the
				beehives in the treated orchard.
(5) If bees are foraging in the orchard
				ground cover and it contains any blooming plants or weeds, always remove
				flowers before making an application of thiamethoxam. This may be accomplished
				by mowing, disking, mulching, flailing or applying a labeled
				herbicide.
Statutory Authority:
					 RCW
					 15.58.040,
					 17.21.030, and
					 chapter
					 34.05 RCW. 03-05-033,
					 § 16-228-1266, filed 2/11/03, effective
					 3/14/03.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › Section 16-228-1300 - What are the recordkeeping requirements for pesticide dealers?

Current through Register Vol. 24-14, July 15, 2024
Pesticide dealers shall keep and furnish records to the
				  director immediately upon request on the distribution of any pesticide except
				  those determined by the department to be "home and garden use only" products.
				  Records shall be kept for a period of seven years from the date of
				  distribution. General use distribution requests shall be limited to records
				  necessary for investigations of suspected violations, damage complaints,
				  inspections, monitoring distribution and use under provisions of special local
				  needs registrations, emergency exemptions from federal registration and
				  experimental use permits, and monitoring of any pesticide suspected of
				  unreasonable adverse effects on the environment. The records shall contain the
				  following information:
(1) Full name
				and address of purchaser;
(2) Full
				name and address of certified applicator (if different from subsection (1) of
				this section for restricted use pesticides);
(3) Certified applicator's pesticide license
				number (for restricted use pesticides);
(4) Full name of authorized agent for
				restricted use pesticides;
(5)
				Brand and specific pesticide name and EPA registration number;
(6) Number of pounds or gallons of the
				pesticide distributed;
(7) Date of
				distribution;
(8) Crop and/or site
				to which pesticide will be applied (for restricted use pesticides).
Statutory Authority: Chapters 17.21, 15.58, and
					 34.05 RCW. 07-11-041A, §
					 16-228-1300, filed 5/9/07, effective 6/9/07; 03-22-029, § 16-228-1300,
					 filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 15.58 and
					 17.21 RCW. 00-22-074, § 16-228-1300, filed 10/30/00, effective 11/30/00.
					 Statutory Authority:
					 Chapters
					 15.54, 15.58 and 17.21
					 RCW. 99-22-002, § 16-228-1300, filed 10/20/99, effective
					 11/20/99.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › Section 16-228-1322 - What are the requirements for removal of landscape markers and notification of restricted entry?

Current through Register Vol. 24-14, July 15, 2024
(1)
				The marker shall remain in place for a minimum of twenty-four hours from the
				time the landscape application is originally posted as required by
				RCW
				17.21.410.
(2) In the event the pesticide label requires
				a restricted entry interval greater than twenty-four hours, the certified
				applicator shall provide the property owner or tenant with the restricted entry
				interval times consistent with the label requirements. Markers shall remain in
				place consistent with the restricted entry interval times as required by the
				label.
(3) The property owner or
				tenant shall remove the marker of any landscape posted under the requirements
				of RCW
				17.21.410 consistent with this
				schedule.
Statutory Authority: Chapters 17.21, 15.58,
					 34.05 RCW. 03-22-029, §
					 16-228-1322, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters
					 15.58 and 17.21 RCW. 00-22-074, § 16-228-1322, filed 10/30/00, effective
					 11/30/00.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › Section 16-228-1330 - What are the pilot and aircraft requirements for pesticide applicators?

Current through Register Vol. 24-14, July 15, 2024
(1) All pilots and
				aircraft, used for or engaged in the commercial application of pesticides shall
				comply fully with the appropriate rules and regulations of the Federal Aviation
				Administration.
(2) All applicants
				for an aerial applicators license shall comply with FAA certification
				requirements. The department may require a current copy of the FAA operating
				certificate prior to issuance of a license.
Statutory Authority: Chapters 17.21, 15.58,
					 34.05 RCW. 03-22-029, §
					 16-228-1330, filed 10/28/03, effective 11/28/03. Statutory Authority:
					 Chapters
					 15.54, 15.58 and 17.21
					 RCW. 99-22-002, § 16-228-1330, filed 10/20/99, effective
					 11/20/99.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › Section 16-228-1370 - What are the department requirements for a waste pesticide disposal program?

Current through Register Vol. 24-14, July 15, 2024
Under authority of chapter 15.58 RCW, the department may
				  establish a waste pesticide disposal program for farmers, or other parties
				  regulated under chapter 17.21 RCW or licensed under chapter 15.58 RCW.
(1) Upon review and determination that a
				pesticide is no longer useable, the department may declare a pesticide to be a
				"waste pesticide."
(2) The
				department may take possession of a waste pesticide with the owner's written
				consent for the purpose of disposal.
(3) For the purpose of waste pesticide
				disposal, the department may:
(a) Become
				identified as a hazardous waste generator;
(b) Enter into contracts or cooperative
				agreements to carry out portions of or all of the waste pesticide disposal
				program. The department may also enter into cooperative agreements to carry out
				portions of or all of the development of education programs relating to waste
				pesticide disposal and programs for dissemination of information concerning the
				department's disposal program.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › Section 16-228-1380 - What are the requirements for application of rodent control pesticides?

Current through Register Vol. 24-14, July 15, 2024
Rodent control pesticides shall be used in and around
				  structures only under the following conditions, provided that the use of rodent
				  control baits registered for home and garden use only, is exempt from this
				  section:
(1) Bait shall only be placed
				in locations not readily accessible to children, pets and nontarget wildlife,
				provided that when properly secured, a locked and/or sealed tamper-resistant
				bait box may be used in accessible locations.
(2) Locked bait boxes are required for all
				outdoor, aboveground bait placement.
(3) Bait shall not be placed in a manner that
				can contaminate, or be easily translocated to food, feed, drugs, or other
				consumer commodities. Spilled bait must be cleaned up immediately.
(4) Loose bait, whether contained in a bait
				box or not, shall not be placed above floor levels, including but not limited
				to suspended ceilings, shelves, ledges, cupboards and counters. Except that,
				loose bait may be placed on the floor of an attic, including unfinished walking
				surfaces, or bottom surfaces in conformance with all other requirements of this
				section.
(5) All bait boxes and
				containers used for bait placement shall be of sturdy construction, composed of
				durable, nonabsorbent, corrosion resistant material and designed to prevent
				overturning. All bait containers holding liquid bait shall be liquid impervious
				and shall be properly secured.
(6)
				All bait boxes and containers used for bait placement shall be labeled with
				letters on contrasting background and maintained with the following information
				clearly legible on the outside of the bait box or container:
(a) The name, physical address, and telephone
				number of the company and/or certified applicator.
(b) The name, Environmental Protection Agency
				(EPA) registration number, and active ingredient(s) of the rodent control
				pesticide product.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › GENERAL PESTICIDE RULES - REGISTRATION › Section 16-228-1400 - What are the requirements for pesticide labels?

Current through Register Vol. 24-14, July 15, 2024
(1) In addition to the requirements set forth
				  in (2) through (5) below, pesticide labeling shall meet the standards or
				  criteria of FIFRA.
(2) Any
				  pesticide exempted from registration under the provisions of section 18 of
				  FIFRA must be labeled as follows:
(a)
				  Pesticides distributed under section 18 of FIFRA must be accompanied by a label
				  approved by the department prior to distribution. All conditions set forth in
				  the document granting the emergency exemption and all other requirements
				  determined to be necessary by the department must be included on the
				  label.
(b) In situations where a
				  label cannot be developed and approved prior to the intended use period, the
				  department may allow the use of the document granting the emergency exemption
				  in lieu of labeling. Conditions set forth as part of the granting document, and
				  any attached or associated documentation from the department shall be
				  considered labeling for purposes of enforcement.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › GENERAL PESTICIDE RULES - REGISTRATION › Section 16-228-1410 - What pesticides are considered home and garden use only pesticides?

Current through Register Vol. 24-14, July 15, 2024
For purposes of this section, "home and garden use only"
					 means any pesticide determined by the department to be packaged, labeled and
					 marketed in a manner that clearly indicates the product is intended for
					 personal use by the general public in and around a residence. In making this
					 determination, the department will consider, but not be limited to, the
					 following criteria:
(a)
				  Packaging;
(b) Package
				  size;
(c) Label
				  instructions;
(d) Application
				  method;
(e) Equipment to be
				  used;
(f) Rates of
				  application.
Statutory Authority: Chapters 17.21, 15.58, and
						34.05 RCW. 07-11-041A, §
						16-228-1410, filed 5/9/07, effective 6/9/07; 03-22-029, § 16-228-1410,
						filed 10/28/03, effective 11/28/03. Statutory Authority:
						Chapters
						15.54, 15.58 and 17.21
						RCW. 99-22-002, § 16-228-1410, filed 10/20/99, effective
						11/20/99.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › GENERAL PESTICIDE RULES - REGISTRATION › Section 16-228-1420 - What are the requirements for complete pesticide formula?

Current through Register Vol. 24-14, July 15, 2024
The complete pesticide formula shall include a listing of
					 each active and inert ingredient and the percentage of each ingredient. This
					 information will be kept confidential and is exempt from disclosure as a public
					 record as provided by
					 RCW
					 15.58.065 except for names of inert
					 ingredients of pesticides exempt under section 25b of FIFRA which according to
					 C.F.R. 152.25 (g)(3)(i) must have this information on the label. Information
					 required by this section may be submitted on company letterhead marked
					 "confidential" in red ink on each sheet or each "EPA confidential statement of
					 formula" information sheet.
Statutory Authority: Chapters 17.21, 15.58,
						34.05 RCW. 03-22-029, §
						16-228-1420, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters
						15.58 and 17.21 RCW. 00-22-074, § 16-228-1420, filed 10/30/00, effective
						11/30/00. Statutory Authority:
						Chapters
						15.54, 15.58 and 17.21
						RCW. 99-22-002, § 16-228-1420, filed 10/20/99, effective
						11/20/99.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › GENERAL PESTICIDE RULES - REGISTRATION › Section 16-228-1430 - What is an adequate pesticide container?

Current through Register Vol. 24-14, July 15, 2024
Containers, i.e., packages, cartons, bags, cans, barrels,
					 bins, etc., in which pesticides are sold, offered for sale, or transported
					 within the state of Washington shall be of sufficient strength and of such
					 construction as to alleviate danger of spillage or breakage. Pesticides found
					 to be packaged in unsafe containers shall be placed under "stop sale" order.
					 Containers shall meet the minimum federal specifications.
Statutory Authority: Chapters 17.21, 15.58,
						34.05 RCW. 03-22-029, §
						16-228-1430, filed 10/28/03, effective 11/28/03. Statutory Authority:
						Chapters
						15.54, 15.58 and 17.21
						RCW. 99-22-002, § 16-228-1430, filed 10/20/99, effective
						11/20/99.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › GENERAL PESTICIDE RULES - REGISTRATION › Section 16-228-1440 - What pesticides must be artificially colored or have an odor added?

Current through Register Vol. 24-14, July 15, 2024
(1) No highly toxic
				  pesticide in powdered or granular form or highly toxic pesticide baits having a
				  label recommendation for use in any building, ship, or similar enclosure shall
				  be sold within the state of Washington unless it is distinctly colored or
				  discolored in such a way that it does not resemble any food.
(2) A pesticide in liquid form with colors
				  resembling a beverage or liquid food, which does not have a distinctive odor,
				  shall have an odorous substance added that is distinctly different from any
				  beverage or liquid food.
Statutory Authority: Chapters 17.21, 15.58,
						34.05 RCW. 03-22-029, §
						16-228-1440, filed 10/28/03, effective 11/28/03. Statutory Authority:
						Chapters
						15.54, 15.58 and 17.21
						RCW. 99-22-002, § 16-228-1440, filed 10/20/99, effective
						11/20/99.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › GENERAL PESTICIDE RULES - REGISTRATION › Section 16-228-1450 - What are the requirements for pesticide-fertilizer registration and labeling?

Current through Register Vol. 24-14, July 15, 2024
(1)
				  Each pesticide-fertilizer mix containing different pesticide active ingredients
				  and/or percentages must be registered with the director: Provided that the
				  fertilizer portion shall be considered an inert ingredient for the purpose of
				  this order. Such registrations may be to the nearest one-tenth of one percent
				  by weight of all active ingredient/s, except for nitrification
				  inhibitor-pesticide mixes as stated in (4) below.
(2) A specimen pesticide-fertilizer label
				  shall be registered with the director before distribution or sale. These labels
				  shall bear the following items:
(a) A
				  pesticide ingredient statement identifying the active ingredient(s) and showing
				  the percent by weight of each active ingredient;
(b) EPA registration number of each pesticide
				  used to formulate the pesticide-fertilizer mix;
(c) Crop(s) on which the pesticide-fertilizer
				  mix may be used and the amount of pesticide-fertilizer mix to be applied per
				  acre;
(d) Timing of application
				  (for instance, preplant) and the preharvest interval;
(e) Net weight of the shipment;
(f) Name and address of the registrant or
				  manufacturer;
(g) Any other
				  information required by the director.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › GENERAL PESTICIDE RULES - REGISTRATION › Section 16-228-1455 - What are the requirements on dry pesticide-fertilizer mixes?

Current through Register Vol. 24-14, July 15, 2024
No person shall distribute, sell, offer for sale, or hold
					 for sale any dry pesticide incorporated in a dry blended bulk fertilizer
					 mix.
Statutory Authority: Chapters 17.21, 15.58,
						34.05 RCW. 03-22-029, §
						16-228-1455, filed 10/28/03, effective 11/28/03. Statutory Authority:
						Chapters
						15.54, 15.58 and 17.21
						RCW. 99-22-002, § 16-228-1455, filed 10/20/99, effective
						11/20/99.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › GENERAL PESTICIDE RULES - REGISTRATION › Section 16-228-1460 - What are the requirements for experimental use permits?

Current through Register Vol. 24-14, July 15, 2024
(1) Pesticides shall not be distributed or
				  used for experimental purposes unless a written permit has been obtained from
				  the director. All distribution and use of pesticides for experimental purposes
				  shall be subject to restrictions and conditions described in the experimental
				  use permit. Applications for experimental use permits shall be submitted on
				  forms prescribed by the director.
(2) For individual experimental use permits
				  that are product and site specific, the application shall include the following
				  (when applicable):
(a) Name of the active
				  ingredient and/or product name and/or EPA registration number of the product to
				  be used;
(b) Person responsible for
				  carrying out provisions of the experimental use permit and means of locating
				  this person in case of emergency;
(c) Target pest(s);
(d) Crop or site and location(s) to which the
				  pesticide is to be applied;
(e)
				  Disposition of any treated food or feed and of subsequent crops from treated
				  sites;
(f) Rate of application of
				  formulation or active ingredient and number of applications;
(g) Timing and duration of the proposed
				  program;
(h) Area (acres, sq. ft.,
				  etc.) to which the pesticide is to be applied;
(i) Total amount of pesticide to be
				  applied;
(j) Federal experimental
				  use permit number and text;
(k)
				  Labeling to accompany the pesticide in the field;
(l) Any other information required by the
				  director.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › GENERAL PESTICIDE RULES-LICENSING › Section 16-228-1520 - What are the requirements for the commercial applicator's financial responsibility insurance certificate (FRIC)?

Current through Register Vol. 24-14, July 15, 2024
(1) A commercial pesticide applicator's
				  license shall not be issued until a financial responsibility insurance
				  certificate is filed with the department which shall certify: (Forms to be
				  supplied by the department).
(a) Name of
				  insured (identical to name on application form)
(b) Address of insured
(c) Policy number
(d) Aircraft number(s) covered by the
				  insurance (if applicable)
(e)
				  Effective period
(f) Amount of
				  insurance. Minimum requirements are:
(i)
				  Public liability (personal injury) fifty thousand dollars; and property damage
				  fifty thousand dollars; or
(ii)
				  Alternately providing both public liability (personal injury), and property
				  damage liability coverage within the same limit, providing such policy is
				  issued in an amount of not less than one hundred thousand dollars.
(iii) Amount of deductible (if applicable):
				  Maximum deductible, five thousand for all applicators.
(g) List of any pesticides or group of
				  pesticides not covered by the policy.
(h) Acknowledgement of provisions for ten
				  days' prior written notice of cancellation or reduction of the insurance
				  coverage.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › GENERAL PESTICIDE RULES-LICENSING › Section 16-228-1530 - What are the requirements for pesticide license renewals and penalties?

Current through Register Vol. 24-14, July 15, 2024
(1) Except for the
				  pesticide dealer license required under RCW 15-58-180, all pesticide licenses
				  shall expire on the December 31st following their issuance:
(2) Pesticide renewal applications for
				  licenses issued under the authority of chapter 17.21 RCW shall be filed on or
				  before January 1st of the appropriate year.
(3) If an application for renewal of any
				  pesticide license issued under the authority of chapter 17.21 RCW is not filed
				  on or prior to January 1st following the expiration date of the license, a
				  penalty shall be assessed as provided in
				  RCW
				  17.21.140 and added to the original fee, and
				  shall be paid by the applicant before the renewal license is issued.
(4) If an application for renewal of a
				  pesticide dealer license issued under the authority of chapter 15.58 RCW is not
				  filed on or before the master license expiration date, the master license
				  delinquency fee shall be assessed under
				  chapter
				  19.02 RCW and shall be
				  paid by the applicant before the renewal license is issued.
(5) If an application for renewal of any
				  license issued under the authority of chapter 15.58 RCW, other than the
				  pesticide dealer license, is not filed on or before the expiration date of the
				  license, penalty equivalent to the license fee shall be assessed and added to
				  the original fee, and shall be paid by the applicant before the renewal license
				  is issued.
(6) Nothing herein shall
				  be construed to limit the department's ability, as otherwise provided by law,
				  to deny a license, to condition license renewal, or to enforce violations of
				  applicable laws, subsequent to the expiration of a license.
Statutory Authority: Chapters 17.21, 15.58,
						34.05 RCW. 03-22-029, §
						16-228-1530, filed 10/28/03, effective 11/28/03. Statutory Authority:
						Chapters
						15.54, 15.58 and 17.21
						RCW. 99-22-002, § 16-228-1530, filed 10/20/99, effective
						11/20/99.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › GENERAL PESTICIDE RULES-LICENSING › Section 16-228-1540 - What are the requirements for pesticide examinations?

Current through Register Vol. 24-14, July 15, 2024
(1) An examination fee of $25 shall be paid
				  prior to administration of any paper-based pesticide or structural pest
				  inspector license examinations.
(2)
				  An examination fee of not more than $65 shall be paid prior to the
				  administration of each computer-based pesticide or structural pest inspector
				  license examination. If a third-party entity administers a computer-based
				  licensing exam, an applicant shall pay the exam cost established in the
				  vendor's contract with the department, not to exceed the amount set in this
				  section. The department will post this exam fee to its website.
(3) The director may administer the pesticide
				  exams, may contract with an examination or testing vendor to administer the
				  exams, or both.
(4) The department
				  reserves the right to restrict the number of applicants taking examinations at
				  any given time.
(5) Any individual
				  who fails any pesticide licensing examination twice shall be required to wait
				  at least 14 days before retaking that examination a third time. Subsequent
				  testing shall be at the director's discretion.
(6) An applicant shall complete the
				  application form for a pesticide or structural pest inspector license and pay
				  the required license application fee and testing fee at the time pesticide or
				  structural pest inspector examinations are given, unless prior arrangements
				  have been made.
(7) Pesticide and
				  structural pest inspector examination scores shall not be released by the
				  department until the license application fee and testing fee have been
				  paid.
Statutory Authority:
						2012 2nd sp.s. c
						7 ,
						RCW
						17.21.030,
						15.58.040, and
						chapter
						34.05 RCW. 12-22-015,
						§ 16-228-1540, filed 10/29/12, effective 1/1/13. Statutory Authority:
						Chapters 17.21, 15.58,
						34.05 RCW. 03-22-029, §
						16-228-1540, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters
						15.58, 17.21 RCW. 00-22-073, § 16-228-1540, filed 10/30/00, effective
						11/30/00. Statutory Authority:
						Chapters
						15.54, 15.58 and 17.21
						RCW. 99-22-002, § 16-228-1540, filed 10/20/99, effective
						11/20/99.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › GENERAL PESTICIDE RULES-LICENSING › Section 16-228-1546 - What are the requirements for a private applicator license?

Current through Register Vol. 24-14, July 15, 2024
(1) To qualify for a private applicator
				  license, an individual must pass a private applicator examination. The
				  examination shall be written and taken without the aid of any materials that
				  contain information relevant to the exam content. Reading of exams by an
				  individual other than the applicant is not permitted. Individuals holding
				  valid, passing scores on the laws and safety examination, or equivalent, or the
				  dealer manager exam, and one of the classifications in WAC
				  16-228-1545(3)(a) (iii) or
				  (xiv) or the now retired statewide
				  classification, are exempt from this examination requirement.
(2) Private applicators making aquatic
				  applications to water that moves off their own or their employer's agricultural
				  land must obtain the aquatic classification described in WAC
				  16-228-1545(3)
				  (a)(i). Private applicators applying soil
				  fumigants may obtain the soil fumigation classification described in WAC
				  16-228-1545(3)
				  (a)(x) as an option to meet label required
				  active ingredient training.
(3) A
				  passing score of seventy percent is established for the examinations required
				  under this section. The department may establish separate passing scores for
				  the examinations if a validated process is used. Passing scores are valid for
				  obtaining a license in the calendar year in which the examination is taken plus
				  the following calendar year.
(4)
				  The department may waive the examination requirements contained in this section
				  for any person holding a valid certification with similar classifications from
				  an EPA or Canadian approved federal, state or provincial certification program
				  with comparable examination and recertification standards.
Statutory Authority:
						RCW
						17.21.060,
						15.58.040,
						chapter
						34.05 RCW and
						2012 2nd sp.s. c
						7 . 13-02-024, § 16-228-1546, filed 12/20/12,
						effective 1/20/13. Statutory Authority: Chapters 17.21, 15.58,
						34.05 RCW. 03-22-029, §
						16-228-1546, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters
						15.58 and 17.21 RCW. 00-24-013, § 16-228-1546, filed 11/27/00, effective
						12/28/00.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › GENERAL PESTICIDE RULES-LICENSING › Section 16-228-1547 - What are the requirements for a dealer manager license?

Current through Register Vol. 24-14, July 15, 2024
(1) To qualify for a dealer manager license,
				  an individual must pass a dealer manager examination. The examination shall be
				  written and taken without the aid of any materials that contain information
				  relevant to the exam content. Reading of exams by an individual other than the
				  applicant is not permitted.
(2) A
				  passing score of seventy percent is established for the examination required
				  under this section. The department may establish a separate passing score for
				  the examination if a validated process is used. Passing scores are valid for
				  obtaining a license in the calendar year in which the examination is taken plus
				  the following calendar year.
Statutory Authority: Chapters 17.21, 15.58,
						34.05 RCW. 03-22-029, §
						16-228-1547, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters
						15.58 and 17.21 RCW. 00-24-013, § 16-228-1547, filed 11/27/00, effective
						12/28/00.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › GENERAL PESTICIDE RULES-LICENSING › Section 16-228-1550 - What are the requirements for apparatus display signs?

Current through Register Vol. 24-14, July 15, 2024
(1) A certified applicator making a landscape
				  application shall display the name and telephone number of the applicator or
				  applicator's employer on any power equipment.
(2) A certified applicator making a right of
				  way application shall display the name and telephone number of the applicator
				  or the applicator's employer and the words "VEGETATION MANAGEMENT
				  APPLICATION."
(3) Apparatus display
				  signs shall be attached to and prominently displayed on the application
				  apparatus and shall be clearly visible.
(4) Lettering of the apparatus display signs
				  shall be, at a minimum, two inches in height and shall be printed in color
				  contrasting to the background.
Statutory Authority: Chapters 17.21, 15.58,
						34.05 RCW. 03-22-029, §
						16-228-1550, filed 10/28/03, effective 11/28/03. Statutory Authority:
						Chapters
						15.54, 15.58 and 17.21
						RCW. 99-22-002, § 16-228-1550, filed 10/20/99, effective
						11/20/99.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › GENERAL PESTICIDE RULES-LICENSING › Section 16-228-1555 - Where must commercial applicator apparatus license plates and windshield identification be placed?

Current through Register Vol. 24-14, July 15, 2024
(1) Apparatus
				  license plates, as provided for in chapter 17.21 RCW, shall be attached to and
				  prominently displayed on the apparatus for which they have been issued:
				  Provided that an apparatus license plate may be affixed to a vehicle which
				  contains the particular apparatus. Attached plates shall be clearly visible and
				  in a location easily accessible for inspection by the department.
(2) Each vehicle involved in the operations
				  of a certified commercial ground application business, which does not
				  prominently display a department issued apparatus license plate on its exterior
				  or on the specific apparatus when that apparatus is exteriorly visible, shall
				  be required to have a department issued sticker affixed to the lower left side
				  of the windshield.
Statutory Authority: Chapters 17.21, 15.58,
						34.05 RCW. 03-22-029, §
						16-228-1555, filed 10/28/03, effective 11/28/03. Statutory Authority:
						Chapters
						15.54, 15.58 and 17.21
						RCW. 99-22-002, § 16-228-1555, filed 10/20/99, effective
						11/20/99.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › GENERAL PESTICIDE RULES-LICENSING › Section 16-228-1570 - What are the circumstances when certification permits are used?

Current through Register Vol. 24-14, July 15, 2024
(1) Private
				  applicator certification, demonstration and research applicator certification,
				  user permits and private-commercial applicator licenses shall be considered as
				  certified applicator permits as provided for in
				  RCW
				  17.21.030 and
				  15.58.040(2)(h).
(2) User permits may be issued by the
				  director as temporary applicator certification in emergency situations. User
				  permits will be issued in a form prescribed by the director, which shall
				  include the following:
(a) Permit
				  number
(b) Date of
				  issuance
(c) Expiration date, which
				  shall be not longer than one year from the date of issuance
(d) Name and address of certified
				  applicator
(e) Crop or site and
				  area to which the pesticide will be applied
(f) Amount of pesticide obtained
(g) Any other information prescribed by the
				  director.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › GENERAL PESTICIDE RULES-LICENSING › Section 16-228-1585 - Are ground maintenance persons exempt from licensing?

Current through Register Vol. 24-14, July 15, 2024
Grounds maintenance persons are exempt from licensing
					 requirements as a commercial pesticide applicator, as provided under chapter
					 17.21 RCW, only if they perform ground maintenance on an occasional basis not
					 amounting to a regular occupation. Exempted persons shall only perform
					 pesticide applications to the grounds of residential dwellings and shall only
					 use home and garden products.
Statutory Authority: Chapters 17.21, 15.58,
						34.05 RCW. 03-22-029, §
						16-228-1585, filed 10/28/03, effective 11/28/03. Statutory Authority:
						Chapters
						15.54, 15.58 and 17.21
						RCW. 99-22-002, § 16-228-1585, filed 10/20/99, effective
						11/20/99.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › GENERAL PESTICIDE RULES-LICENSING › Section 16-228-1590 - What are the licensing requirements for pesticide dealers and dealer-manager businesses?

Current through Register Vol. 24-14, July 15, 2024
(1)
				  When more than one pesticide dealer is engaged in the business from the same
				  outlet or location, each pesticide dealer shall obtain a license for said
				  outlet or location.
(2) A licensed
				  pesticide dealer manager shall be available to the staff, customers, and
				  department representatives at all times that an outlet or location distributes
				  pesticides. A dealer manager may be the designated dealer manager of more than
				  one outlet or location only if the dealer manager can be physically present at
				  both outlets or locations during all times of pesticide distribution and
				  handling.
Statutory Authority: Chapters 17.21, 15.58,
						34.05 RCW. 03-22-029, §
						16-228-1590, filed 10/28/03, effective 11/28/03. Statutory Authority:
						Chapters
						15.54, 15.58 and 17.21
						RCW. 99-22-002, § 16-228-1590, filed 10/20/99, effective
						11/20/99.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › GENERAL PESTICIDE REGULATIONS - WOOD DESTROYING ORGANISMS › Section 16-228-2015 - Wood destroying organisms

Current through Register Vol. 24-14, July 15, 2024
(1) Evidence of WDOs found during an
				  inspection must be described in all complete and specific WDO inspection
				  reports. Report terminology must include, but is not limited to, the following:
(a) Carpenter ants: Carpenter ants must be
				  reported as carpenter ants or carpenter ant activity when one or more of the
				  following are found on or in any accessible area of the inspected structure.
				  The report must identify approximate location and type of evidence found.
				  Evidence indicating the presence of carpenter ants includes, but is not limited
				  to:
(i) Live carpenter ants or carpenter ant
				  carcasses.
(ii) An accumulation of
				  frass unique to carpenter ants.
(iii) Excavation or tunneling unique to
				  carpenter ants.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › GENERAL PESTICIDE REGULATIONS - WOOD DESTROYING ORGANISMS › Section 16-228-2025 - Conducive conditions

Current through Register Vol. 24-14, July 15, 2024
(1)
				  Conducive conditions found during a complete WDO inspection must be noted in
				  the complete WDO inspection report.
(2) Conducive conditions include, but are not
				  limited to, the following:
(a) Earth in
				  direct contact with wood or inadequate clearance between earth and any wood or
				  material subject to damage from moisture.
(b) Vegetation, in direct contact with the
				  exterior of a structure, which may contribute to moisture or damage by
				  WDOs.
(c) Restricted or
				  nonfunctioning gutter systems.
(d)
				  Conducive debris in substructures.
(e) Bare or unimproved ground in
				  substructures.
(f) Standing water
				  or evidence of seasonal standing water in a substructure.
(g) Failed or missing caulk or grout at water
				  splash areas.
(h) Moisture from
				  plumbing leaks, lack of ventilation, or other sources that may contribute to
				  damage by WDOs.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › GENERAL PESTICIDE REGULATIONS - WOOD DESTROYING ORGANISMS › Section 16-228-2035 - Complete wood destroying organism inspections

Current through Register Vol. 24-14, July 15, 2024
(1) Any WDO inspection conducted by any
				  person pursuant to the sale, exchange, or refinancing of real property or, as a
				  result of telephone solicitation by an inspection, pest control, or other
				  business, must be a complete WDO inspection and must be performed by
				  individuals required to be licensed. Such inspections will be conducted in
				  accordance with the rules established by this chapter.
(2) Inspectors must make a thorough
				  inspection of accessible areas that are not specifically excluded in the
				  report. Inspectors will not be required to place themselves into a position or
				  gain access to any portion of a structure that may cause physical injury or
				  otherwise imperil their health and safety. Access to structures should be
				  restricted to the use of accepted methods and practices.
(3) Substructure crawl areas must be
				  inspected when accessible. Inaccessibility of substructure crawl areas due to
				  inadequate clearance, the presence of ducting or piping, foundation walls,
				  partitions or other such conditions that block access must be explained in the
				  inspection report and annotated on the report diagram. The report findings must
				  state that inaccessible substructure crawl areas may be vulnerable to
				  infestation by WDOs and should be made accessible for inspection.
(4) Limits of inspections: Complete WDO
				  inspections will identify conditions present at a subject property at the time
				  of an inspection. Inspectors are not required to report on any WDO infestation
				  or other condition that might be subject to seasonal constraints or
				  environmental conditions if evidence of those constraints or conditions is not
				  visible at the time of the inspection.
Statutory Authority:
						RCW
						15.58.040 and
						chapter
						34.05 RCW. 02-24-025,
						§ 16-228-2035, filed 11/27/02, effective
						12/28/02.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-228 - General pesticide rules › GENERAL PESTICIDE REGULATIONS - WOOD DESTROYING ORGANISMS › Section 16-228-2045 - Complete wood destroying organism inspection reports

Current through Register Vol. 24-14, July 15, 2024
(1) Any report that identifies damage or
				  infestation by WDOs or, conditions conducive to damage or infestation by WDOs
				  pursuant to the sale, exchange, or refinancing of any structure or, as a result
				  of telephone solicitation by an inspection, pest control, or other business,
				  must be a complete WDO inspection report and must comply with this section. The
				  terms "Report" or "report" as used in this section will mean a complete WDO
				  inspection report.
(2) Report form:
				  A written report may take any form in presentation, provided that all elements
				  of this section are included and identifiable.
(3) A complete WDO inspection report must be
				  issued to the person paying for and/or otherwise requesting the
				  inspection.
(4) Report contents:
				  Reports must contain the information identified in this section, when and where
				  applicable.
(a) Washington state department of
				  agriculture inspection control number (WSDA ICN): A WSDA ICN must be obtained
				  in accordance with the provisions of
				  RCW
				  15.58.450 and be prominently displayed in the
				  upper third of the front page of each report. This number must be unique to the
				  structure(s) subject to the report. The assigned WSDA ICN must follow the
				  original report and supplemental reports (if any) pertaining to the sale,
				  exchange, or refinancing activity on a property for a specific client. A new
				  WSDA ICN must be issued for any subsequent sale, exchange, or refinancing
				  activity.
(b) Date: The date the
				  inspection was conducted must be provided on the first page of the
				  report.
(c) Parties involved in the
				  real estate transaction: The name of the property owner, their designated
				  representative, or purchaser of the inspection report must be identified on the
				  first page of the report.
(d)
				  Address of structure inspected: The complete address will include, but is not
				  limited to, building number, street name, city, and state and must be
				  identified on the first page of the report. Where multiple structures at a
				  property may have the same basic address, a building letter, unit number, or
				  other recognizable method must be used to identify the specific building
				  inspected.
(e) Inspector: The name
				  of the inspector and WSDA license number must be provided on the first page of
				  the report.