Original Notice.

     Preproposal statement of inquiry was filed as WSR 02-18-111 and 02-22-093.

     Title of Rule: WAC 16-228 WAC, General pesticide rules.

     Purpose: Update language, remove outdated sections, correct language and spelling errors, move and/or combine sections for clarity and accuracy, modify sections on phenoxy herbicides for clarification, add requirement for positive identification for purchase of restricted use pesticides, clarify record-keeping requirements and modify pesticide licensing examination requirements to meet new legislation statutes.

     Other Identifying Information: Review of agency rules requested every four years by executive order.

     Statutory Authority for Adoption: Chapters 17.21, 15.58, 34.05 RCW.

     Statute Being Implemented: Chapters 17.21, 15.58 RCW.

     Summary: Update of general pesticide rules, chapter 16-228 WAC.

     Reasons Supporting Proposal: Remove outdated sections, add wording to address new concerns such as Homeland Security, modify language to meet requirements of new legislation.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Ann Wick, 1111 Washington Street S.W., Olympia, WA 98504-2560, (360) 902-2051.

     Name of Proponent: Department of Agriculture, governmental.

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects: (1) Change section headings to question format and update language, all sections.

     (2) WAC 16-228-1010 Modifications.

     - Remove "agricultural emergency," "substantial economic loss" now in chapter 16-233 WAC, Worker protection standards.

     - Modify "complete wood destroying organism inspection," "limited wood destroying inspection," "specific wood destroying organism inspection," "structural pest inspector," "wood destroying organisms," and "wood destroying organism inspection" to meet new legislative requirements.

     - Modify "bait box" definition to reflect cancellation of higher toxicity products.

     - Clarify use of "person" versus "individual."

     - Define "positive identification."

     (3) WAC 16-228-1020.

     - Define department's responsibilities.

     (4) WAC 16-228-1030.

     - Clarify department's responsibilities.

     - Clarify timeline.

     - Clarify request must be in writing.

     (5) WAC 16-228-1130.

     - Correct spelling error.

     (6) WAC 16-228-1200.

     - Add requirements for securing valves.

     - Clarify the department is responsible for notifying the Department of Health.

     (7) WAC 16-228-1220.

     - Add restrictions on methyl parathion and pollen shedding corn. This will allow WAC 16-230-082 through 16-230-088 to be eliminated.

     - Update subsection (4) to specify that application of all pesticides by aircraft or airblast sprayers to property abutting and adjacent to occupied schools in session, hospitals, nursing homes or other similar establishments under conditions that may result in contamination is prohibited.

     - Specify a minimum of three successive rinsings.

     (8) WAC 16-228-1225.

     - Add 2 (ee) federal wording defining "use inconsistent with its labeling" exceptions.

     (9) WAC 16-228-1231.

     - Clarify wording regarding the restricted use status of dicamba and phenoxy hormone-type herbicides.

     - Allow dry formulations of dicamba and phenoxy hormone-type herbicides used on turf to be general use in Eastern Washington.

     - Move section on record-keeping requirements for pesticide dealers to WAC 16-228-1300, combine general use sales and restricted use sales record-keeping requirements.

     - Require dealers to conduct annual (or individual sales if the purchaser is unknown) positive identification for restricted use pesticide purchases.

     (10) WAC 16-228-1250.

     - Clarify that pesticide dealers need to provide rules only in the areas under order.

     (11) WAC 16-228-1270.

     - Add crops and alternate names.

     - Clarify and add wording on disposal records.

     (12) WAC 16-228-1300.

     - Combine record-keeping requirements for general and restricted use for dealers.

     - Require dealers to list the crop(s) for restricted use pesticides.

     (13) WAC 16-228-1320.

     - Allow geographical positioning coordinates to be used.

     - Clarify that wind recording is not required for drip or subsurface irrigation.

     - Readings must be in close proximity to the application site.

     - Allow for chemigation records in "inches of water."

     - Clarify details of records required (ex. full name, area treated, etc.).

     (14) WAC 16-228-1400.

     - Allow for alternate language on adjuvants and 25(b) [of FIFRA] pesticides.

     (15) WAC 16-228-1460.

     - Clarify rules on experimental use permits.

     (16) WAC 16-228-1530.

     - Modify expiration dates of pesticide licenses. All licenses except dealers (RCW 15.58.180) would expire on December 31st.

     - Clarify all fees must be paid before licenses are issued.

     (17) WAC 16-228-1540.

     - Specify that all fees must be paid before licenses are issued.

     (18) WAC 16-228-1545.

     - Add new wording to conform to new legislation on structural pest inspectors.

     - Add new wording to areas covered for the "rights of way weed" exam.

     - Add new wording on wood destroying organism/structural pest inspector exams.

     - Allow recognition of Canadian programs for pesticide licenses.

     (19) WAC 16-228-1546.

     - Allow recognition of Canadian programs for private applicator licenses.

     Proposal Changes the Following Existing Rules: See Explanation of Rule above.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Additional costs are not anticipated or are expected to be minor. Changes to the general rules clarify existing requirements, allow for more flexibility or were made to comply with changes in law except for: (a) Requirement for positive identification - minimal expense is anticipated. Positive identification is not required each time a restricted use purchase is made. Dealers are not required to keep records. (b) Changing the expiration date for licenses - licenses that formerly expired in February will lose two months on their license for a one-year period. The department anticipates making a change to the fee by policy for this period to offset this.

     The rule change to eliminate airblast applications does not change department enforcement, as any application that would contaminate premises specified is currently a violation. The change eliminates reference to any specific pesticide.

     RCW 34.05.328 does not apply to this rule adoption. The Washington State Department of Agriculture is not a listed agency in RCW 34.05.328 (5)(a)(i).

     Hearing Location: Washington State Department of Agriculture Conference Room, 21 North 1st Avenue, Suite 236, Yakima, WA 98902, on September 23, 2003, at 6:00 p.m.; at the WSU Spokane County Extension, North 222 Havana Street, Room A Lower Level, Spokane, WA 99202, on September 24, 2003, at 6:00 p.m.; and at the Washington State Department of Agriculture, Room 259, 1111 Washington Street S.W., Olympia, WA 98504, on September 29, 2003, at 6:00 p.m.

     Assistance for Persons with Disabilities: Contact

Laurie Mauerman by September 15, 2003, TDD (360) 902-1996.

     Submit Written Comments to: Laurie Mauerman, Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, fax (360) 902-2093, e-mail lmauerman@agr.wa.gov, by September 30, 2003.

     Date of Intended Adoption: October 28, 2003.

August 20, 2003

Bob Arrington

Assistant Director

OTS-6476.3

AMENDATORY SECTION(Amending WSR 00-22-073, filed 10/30/00, effective 11/30/00)

WAC 16-228-1010   ((Definitions.)) What are the definitions that apply to this chapter?   The definitions ((set forth)) in this section ((shall)) apply throughout this chapter, unless the context requires otherwise ((requires)):

     (1) "Agricultural commodity" means any plant, or part of a plant, or animal, or animal product, produced by a person (including farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters, or other comparable persons) primarily for sale, consumption, propagation, or other use by people or animals.

     (2) (("Agricultural emergency" means a sudden occurrence or set of circumstances which the agricultural employer could not have anticipated and over which the agricultural employer has no control, and which requires entry into a pesticide treated area during a restricted-entry interval, when no alternative practices would prevent or mitigate a substantial economic loss.

     (3))) "Authorized agent" is any ((person)) individual who is authorized to act on behalf of a certified applicator for the purpose of purchasing pesticides.

     (((4))) (3) "Bait box" for rodenticides is a box constructed of durable metal, wood, plastic, or other treated ((synthetic)) material. It shall be designed to hold rodent bait securely, allow rodents to enter and leave, and prevent unauthorized ((persons)) individuals and nonpest domestic animals from gaining access to the bait. ((The cover shall be provided with a lock that can be unlocked only by a combination, key, special tool, or forced entry.)) Baits placed in industrial, commercial or other areas that are accessible to the public shall be contained in tamper resistant bait boxes. Fragile materials are unacceptable.

     (((5))) (4) "Bait station" may be any location where baits are placed to allow target pests to gain access to the bait.

     (((6))) (5) "Blossoming plants" means:

     (a) When there are five or more open blooms per square yard on average in a given field; or

     (b) When there are one or more open blooms per tree or vine in an orchard or vineyard; or

     (c) When there are five or more open weed blooms per square yard on average for the area being measured for groundcover in orchards or vineyards, fence lines, ditch banks, or field, vineyard or orchard edges((: PROVIDED that)). This definition shall not apply to plants that are not attractive to bees (e.g., lentils, ((white blossomed peas, second bloom of)) hops, peas (Pisum sp.), pears (second bloom) and potatoes ((and hops))). For the purposes of this definition, "bloom" means a flower head, raceme or spike with one or more open flowers.

     (((7))) (6) "Bulk fertilizer" is a commercial fertilizer, agricultural mineral, or lime, distributed in nonpackaged form.

     (((8))) (7) "Certified applicator" means any individual who is licensed as a commercial pesticide applicator, commercial pesticide operator, public operator, private-commercial applicator, demonstration and research applicator, or certified private applicator, or any other individual who is certified by the director to use or supervise the use of any pesticide which is classified by the EPA as a restricted use pesticide or by the state as restricted to use by certified applicators only.

     (((9))) (8) "Chemigation" means the application of any substance or combination of substances intended as a pesticide, plant or crop protectant or a system maintenance compound applied with irrigation water.

     (((10))) (9) A "complainant" is defined as a person who has requested an inspection of an area in which a pesticide violation is believed to have occurred.

     (((11) "Complete wood destroying organism inspection" means (a) an inspection of a structure for the purpose of determining (i) evidence of infestation(s), and (ii) damage, and (iii) conducive conditions; or (b) any wood destroying organism inspection which is conducted as the result of a telephone solicitation by an inspection firm or pest control business, even if the inspection would otherwise fall within the definition of a limited wood destroying organism inspection.

     (12) "Conducive conditions" means those conditions which may lead to or enhance an infestation of wood destroying organisms.

     (13))) (10) "Complete wood destroying organism inspection" means inspection for the purpose of determining evidence of infestation, damage, or conducive conditions as part of the transfer, exchange, or refinancing of any structure in Washington state. Complete wood destroying organism inspections must also include any wood destroying organism inspection that is conducted as the result of telephone solicitation by an inspector, pest control, or other business, even if the inspection would fall within the definition of a specific wood destroying organism inspection.

     (11) "Controlled disposal site" means any place where solid or liquid waste is disposed of: Provided((,)) that the area has been designated as a disposal site for waste materials by the appropriate jurisdictional agency((: Provided further, That)). The site ((is)) must be fenced, barricaded or otherwise enclosed or attended by some person in charge to ((facilitate)) control((-)) the access of domestic animals, pets, and unauthorized persons.

     (((14))) (12) "Department" means the Washington state department of agriculture.

     (((15))) (13) "Diluent" means a material, liquid or solid, serving to dilute the pesticide product to ((field strength)) the application rate for adequate coverage (such as water).

     (((16))) (14) "Director" means the director of the department or a duly authorized representative.

     (((17))) (15) "Dry pesticide" is any granular, pelleted, dust or wettable powder pesticide.

     (((18))) (16) "EPA" means the United States Environmental Protection Agency.

     (((19))) (17) "EPA restricted use pesticide" means any pesticide ((with restricted uses as)) classified for restricted use by the administrator, EPA.

     (((20))) (18) "Fertilizer" as included in this ((order)) chapter means any liquid or dry mixed fertilizer, fertilizer material, specialty fertilizer, agricultural mineral, or lime.

     (((21))) (19) "FIFRA" means the Federal Insecticide, Fungicide and Rodenticide Act as amended (61 stat. 163, 7 U.S.C. Sec. 136 et seq.).

     (((22))) (20) "Floor level" ((is considered to be)) means the floor upon which people normally walk -- not shelves, ledges, overhead beams, tops of stacked materials, surfaces of equipment, or similar places.

     (((23))) (21) "Food service establishment" means any fixed or mobile restaurant; coffee shop; cafeteria; short order cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain; tavern; bar; cocktail lounge; nightclub; roadside stand; industrial-feeding establishment; retail grocery; retail food market; retail meat market; retail bakery; private, public, or nonprofit organization routinely serving food; catering kitchen; commissary or similar place in which food or drink is prepared for sale or for service on the premises or elsewhere; and any other eating or drinking establishment or operation where food is served or provided for the public with or without charge.

     (((24))) (22) "Fumigant" means any substance or combination of substances that produce gas, fumes, vapors, or smoke, and is used to kill pests in some kind of enclosure.

     (((25))) (23) "Highly toxic pesticide" for the purpose of this chapter, means any pesticide that conforms to the criteria in 40 C.F.R. Sec. 156.10 for toxicity Category I due to oral, inhalation or dermal toxicity.

     (((26))) (24) "Landscape application" means an application by a certified applicator of any EPA registered pesticide to any exterior landscape plants found around residential property, commercial properties such as apartments or shopping centers, parks, golf courses, schools including nursery schools and licensed day cares, or cemeteries or similar areas. This definition shall not apply to: (a) Applications made by certified private applicators; (b) mosquito abatement, gypsy moth eradication, or similar wide-area pest control programs sponsored by governmental entities; and (c) commercial pesticide applicators making structural applications.

     (((27) "Limited wood destroying organism inspection" means the inspection of a structure for purposes of identifying or verifying evidence of an infestation of wood destroying organisms.

     (28))) (25) "Person" is defined as any individual, partnership, association, corporation, or organized group of persons whether or not incorporated.

     (((29))) (26) A "person aggrieved" by a violation is defined as a person who has reasonable grounds to believe that he or she has been subjected to harm or an unreasonable risk by such a violation.

     (((30))) (27) "Pollen shedding corn" means that stage of growth when ten percent or more of the corn plants in any one quarter portion of the field are showing spike anthers.

     (((31))) (28) "Positive identification" means a photo identification document issued by a U.S. government agency or affiliated jurisdiction (states, tribes, territories). Acceptable photo identification documents are: A driver's license, a passport, a military ID card or an immigration green card. Exception: Nonphoto identification documents may be allowed for religious groups that prohibit members from having their picture taken. In this case, two forms of identification are required, one of which must be a government issued document with a signature (e.g., Social Security card). Other nonphoto identification must identify the holder by name and address (e.g., utility bill).

     (29) "Private applicator" means a certified applicator who uses or is in direct supervision of the use of (((a))) any ((EPA restricted use)) pesticide((; or (b) any state)) classified by the EPA or the director as a restricted use pesticide ((restricted to use only by certified applicators by the director)) for the purposes of producing any agricultural commodity and for any associated noncrop application on land owned or rented by the private applicator or the applicator's employer or if applied without compensation other than trading of personal services between producers of agricultural commodities on the land of another person.

     (((32))) (30) "Private-commercial applicator" means a certified applicator who uses or supervises the use of (((a))) any ((EPA restricted use)) pesticide((; or (b) any)) classified by the EPA or the director as a restricted use pesticide ((restricted to use only by certified applicators)) for purposes other than the production of any agricultural commodity on lands owned or rented by the applicator or the applicator's employer.

     (((33))) (31) "Specific wood destroying organism inspection" means an inspection of a structure for purposes of identifying or verifying evidence of an infestation of wood destroying organisms prior to pest management activities.

     (32) "State restricted use pesticide" means any pesticide determined to be a restricted use pesticide by the director under the authority of chapters 17.21 and 15.58 RCW ((that are restricted to use only by certified applicators)).

     (((34) "Substantial economic loss" means a loss in profitability greater than that which would be expected based on the experience and fluctuations of crop yields in previous years. Only losses caused by the agricultural emergency specific to the affected site and geographic area are considered. The contribution of mismanagement cannot be considered in determining the loss.

     (35))) (33) "Structural pest inspector" means any individual who performs the service of conducting a complete wood destroying organism inspection or a specific wood destroying organism inspection.

     (34) "Unreasonable adverse effects on the environment" means any unreasonable risk to people or the environment taking into account the economic, social and environmental costs and benefits of the use of any pesticide, or as otherwise determined by the director.

     (((36))) (35) "Waste pesticide" is any pesticide formulation which cannot be used according to label directions in Washington state because of cancellation or suspension of its federal or state registration, or deterioration of the product or its label, and any pesticide formulation whose active ingredients are not clearly identifiable because of label deterioration or because the pesticide is not stored in its original container.

     (((37) "Wood destroying organisms" means those organisms including, but not limited to, subterranean termites, dampwood termites, carpenter ants, wood boring beetles of the family anobiidae (deathwatch beetle), and wood decay fungus (rot). Wood destroying organisms shall not include such organisms which occurred prior to the manufacturing or processing of the lumber, e.g., pocket rot.

     (38) "Wood destroying organism inspection" means the service of inspecting a building for the presence of wood destroying organism pests destructive to its structural components, and/or their damage, and/or conducive conditions. For purposes of these rules a wood destroying organism inspection shall be either a "complete wood destroying organism inspection" or a "limited wood destroying organism inspection."))

[Statutory Authority: Chapters 15.58, 17.21 RCW. 00-22-073, § 16-228-1010, filed 10/30/00, effective 11/30/00. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, § 16-228-1010, filed 10/20/99, effective 11/20/99.]

     (1) Be promptly provided by the department, with the department's decision, as set forth in the "notice of intent to assess civil penalty and/or deny, suspend, or revoke a license," or in any document issuing a warning or ((determining)) determination of no action((;)). The department will endeavor to provide notice concurrently with the department's service of ((such)) the document on the alleged violator.

     (2) Be entitled, upon written request to the department, to have his or her name protected from disclosure in any communication with persons outside the department and in any record published, released, or made available pursuant to chapter 17.21 RCW: Provided((,)) that in any adjudicative proceeding under chapter 34.05 RCW the identity of complainant shall be disclosed to the alleged violator upon written request of the alleged violator.

     (3) Be otherwise entitled to those rights of persons aggrieved as set forth in WAC 16-228-1030((, if aggrieved,)) except that the complainant shall be provided, automatically without request, a copy of the final ((order referred to therein)) department decision.

[Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, § 16-228-1020, filed 10/20/99, effective 11/20/99.]

     (1) Be entitled to be notified promptly of any final action taken by the department ((pursuant to)) concerning an investigation under chapter 17.21 RCW((;)). The department will provide notice ((concurrently with)) at the same time as a service of notice on the violator: Provided((,)) that such person has made timely written application to the department requesting such notice. Written application to the department requesting such notice shall be received no later than the date of service of a final order.

     (2) Within thirteen calendar days of the date of mailing of a final order to a person aggrieved, the person aggrieved may request in writing that the director reconsider the matter, shall specify in writing why ((said person)) they believe((s)) the penalty decision is inappropriate, and ((shall)) the department will serve ((such)) the request on the violator.

     (3) ((Upon reconsideration)) Following the request in writing, the director will reconsider the entire matter including any written statement submitted by any party, and may adjust the penalty decision set forth in the final order if the director finds that the penalty was inappropriate.

     (4) If such person is aggrieved by the director's order on reconsiderations, within twenty calendar days of service of the order he or she may request in writing an adjudicative proceeding under chapter 34.05 RCW, shall specify in writing why ((the person)) he or she believes the penalty decision is inappropriate, and the department shall serve ((such)) the request on the alleged violator. The subject of such proceeding shall be limited to the appropriateness of the penalty decision of the director on reconsideration based on a review of the record as supplemented by any new evidence received by the presiding officer. The alleged violator shall be given notice and an opportunity to participate in the proceeding by the department. The proceeding shall be heard by a presiding officer who has not heard the adjudicative proceeding on the merits against the alleged violator. Chapter 34.05 RCW and chapter 16-08 WAC shall govern the conduct of such proceeding and any review ((thereon)).

     (5) Upon the filing of any request for proceeding pursuant to subsection (2) of this section, any final order of the director shall be automatically stayed pending resolution of such request and expiration of any time period for pursuing additional relief. The director shall provide written notice to the alleged violator of any such resolution, thereby reinstituting the rights of the alleged violator to seek further relief.

[Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, § 16-228-1030, filed 10/20/99, effective 11/20/99.]

[Statutory Authority: Chapters 15.58, 17.21 RCW. 00-22-073, § 16-228-1040, filed 10/30/00, effective 11/30/00. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, § 16-228-1040, filed 10/20/99, effective 11/20/99.]

     (1) Regulatory action is necessary to deter violations of the pesticide laws and rules, and to educate persons about the consequences of such violation(s); and

     (2) Any regulatory action taken by the department against any person who violates the provisions of chapter 17.21 RCW, chapter 15.58 RCW, and/or rules adopted thereunder shall be commensurate with the seriousness of the violation under the circumstances; and

     (3) Each person shall be treated fairly in accordance with the rules set forth in this chapter.

[Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, § 16-228-1100, filed 10/20/99, effective 11/20/99.]

     (1) "Adverse effect(s)" means that the alleged activity actually causes, or creates the possibility of damage, injury or public health threat, to humans, animals, plants, property or the environment. In those situations involving a wood destroying organism inspection, adverse effects exist when the inspection has been performed in a faulty, careless or negligent manner.

     (2) "Level of violation" means that the alleged violation is a first, second, third, fourth, or more violation(s).

     (a) First violation. This means the alleged violator has committed no prior incident(s) which resulted in a violation or violations within three years of committing the current alleged violation.

     (b) Second violation. This means the alleged violator committed one prior incident which resulted in a violation or violations within three years of committing the current alleged violation.

     (c) Third violation. This means the alleged violator committed two prior incidents which resulted in a violation or violations within three years of committing the current alleged violation.

     (d) Fourth violation. This means the alleged violator committed three prior incidents which resulted in a violation or violations within three years of committing the current alleged violation.

     (e) For purposes of calculating the level of violation, prior incidents will be measured from the date that a final order or stipulated order resolved the prior violation(s), and not from the date that the incident(s) occurred.

     (3) "Not probable" means that the alleged violator's conduct more likely than not would not have an adverse effect.

     (4) "Probable" means that the alleged violator's conduct more likely than not would have an adverse effect.

     (5) "Violation" means commission of an act or acts prohibited by chapter 17.21 RCW, chapter 15.58 RCW, and/or rules adopted thereunder.

     (6) "Civil penalty" means a monetary penalty administratively issued by a regulatory agency for noncompliance with state or federal law, or rules. The term does not include any criminal penalty, damage assessment, wages, premiums, or taxes owed, or interest or late fees on any existing obligation.

     (7) "Notice of Correction" means a document issued by the department that describes a condition or conduct that is not in compliance with chapter 15.58 or 17.21 RCW, or the rules adopted under the authority of chapter 15.58 or 17.21 RCW and is not subject to civil penalties as provided for in RCW 43.05.110. A notice of correction is not a formal enforcement action, is not subject to appeal and is a public record.

     (8) "Notice of intent" means a document issued by the department that alleges specific violations of chapter 15.58 or 17.21 RCW, or any rules adopted under the authority of those chapters. A notice of intent is a formal enforcement document issued with the intent to assess civil penalties to the alleged violator and/or to suspend, deny or revoke the alleged violator's pesticide license.

[Statutory Authority: Chapters 17.21 and 15.58 RCW. 01-01-058, § 16-228-1110, filed 12/12/00, effective 1/12/01. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, § 16-228-1110, filed 10/20/99, effective 11/20/99.]

     (2) Prior to issuing a civil penalty for a violation of chapter 15.58 or 17.21 RCW, and the rules adopted under the authority of chapter 15.58 or 17.21 RCW the department shall comply with the requirements of RCW 43.05.110. RCW 43.05.110 provides that the department of agriculture may issue a civil penalty provided for by law without first issuing a notice of correction if: (1) The person has previously been subject to an enforcement action for the same or similar type of violation of the same statute or rule or has been given previous notice of the same or similar type of violation of the same statute or rule; or (2) compliance is not achieved by the date established by the department in a previously issued notice of correction, if the department has responded to any request for review of such date by reaffirming the original date or establishing a new date; (3) the violation has a probability of placing a person in danger of death or bodily harm, has a probability of causing more than minor environmental harm, or has a probability of causing physical damage to the property of another in an amount exceeding one thousand dollars; or (4) the violation was committed by a business that employed fifty or more employees on at least one day in each of the preceding twelve months.

[Statutory Authority: Chapters 17.21 and 15.58 RCW. 01-01-058, § 16-228-1115, filed 12/12/00, effective 1/12/01.]

     (2) Proportionate adjustment of median penalty.

     (a) The department reserves the right to proportionately increase the civil penalty and proportionately decrease the licensing action under certain circumstances(([.])). Such circumstances include situations where licensing action(s) as a deterrent are ineffective and include, but are not limited to:

     (i) Violations by persons who are not licensed; and

     (ii) Situations where the civil penalty assessed is not substantially equivalent to the violator's economic benefit derived from the violation.

     (b) The department also reserves the right to proportionately decrease the civil penalty and increase the licensing action in circumstances that demonstrate the ineffectiveness of a civil penalty as a deterrent. Nothing shall prevent the department from proportionally adjusting a licensing action to a level greater than the maximum licensing action listed in the penalty assignment schedule.

     (3) Aggravating factors. The department may consider circumstances enhancing the penalty based on the seriousness of the violation. Aggravating factors include, but are not limited to, the following:

     (a) The number of separate alleged violations contained within a single notice of intent.

     (b) The high magnitude of the harm, or potential harm, including quantity and/or degree, to humans, animals, plants, property or the environment caused by the violation(s).

     (c) The similarity of the current alleged violation to previous violations committed within the last three years.

     (d) The extent to which the alleged violation is part of a pattern of the same or substantially similar conduct.

     (4) When the department determines that one or more aggravating factors are present, the department may assess the maximum penalty as listed within the level of violation or may, in its discretion, increase the penalty to a level greater than the maximum penalty, including but not limited to revocation of the license.

     (5) Mitigating factors. The department may consider circumstances reducing the penalty based upon the seriousness of the violation. Mitigating factors include but are not limited to, the following:

     (a) Voluntary disclosure of a violation.

     (b) The low magnitude of the harm, or potential harm, including quantity and/or degree, caused by the violation.

     (c) Voluntary taking of remedial measures that will result in increased public protection, or that will result in a decreased likelihood that the violation will be repeated.

     (6) When the department determines that one or more mitigating factors are present, the department may assess the minimum penalty for the violation from the penalty schedule.

     (7) The department considers each violation to be a separate and distinct event. When a person has committed multiple violations, the violations are cumulative for purposes of calculating the appropriate penalty. Penalties are added together.

     (8) Violation(s) committed during the period when an individual's license is suspended or revoked shall be subject to the maximum civil penalty of seven thousand five hundred dollars and/or revocation of the license for a period of up to five years. Violation(s) committed by unlicensed individuals are subject to the provisions of this chapter, including the penalty provision.

[Statutory Authority: Chapters 17.21 and 15.58 RCW. 01-01-058, § 16-228-1120, filed 12/12/00, effective 1/12/01. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, § 16-228-1120, filed 10/20/99, effective 11/20/99.]

     (a) The penalty schedule allows for revocation;

     (b) One or more aggravating factors are present; and/or

     (c) The duration of the licensure action exceeds six months.

     In circumstances where the department determines revocation to be appropriate, the period of revocation shall be determined at the discretion of the department, but in no instance shall the revocation exceed five years.

     (2) The department may deny an applicant a license when the applicant has committed a violation(s) of chapters 15.58 and 17.21 RCW and/or the rules adopted under those chapters. The duration of denial shall be determined based upon the penalty provisions of this chapter. In circumstances where the department determines denial to be appropriate, the period of denial shall not exceed five years.

     (3) Nothing shall prevent the department from denying an applicant a license when the applicant has an outstanding civil penalty owed to the department from a previous violation(s).

     (4) The department may, at its discretion, suspend a license without also seeking a civil penalty. Such circumstances include, but are not limited to, those incidents where a civil penalty is not available as an appropriate penalty pursuant to RCW 43.05.110. The appropriate period of suspension shall be determined from the penalty schedule.

[Statutory Authority: Chapters 17.21 and 15.58 RCW. 01-01-058, § 16-228-1125, filed 12/12/00, effective 1/12/01.]

LEVEL OF VIOLATION	ADVERSE EFFECTS NOT PROBABLE			ADVERSE EFFECTS PROBABLE
	MINIMUM	MEDIAN	MAXIMUM	MINIMUM	MEDIAN	MAXIMUM
FIRST	$200 and or 2 days license suspension	$300 and or 3 days license suspension	$500 and or 6 days license suspension	$350 and or 5 days license suspension	$450 and or 7 days license suspension	$550 and or 9 days license suspension
SECOND	$350 and or 3 days license suspension	$500 and or 6 days license suspension	$1000 and or 9 days license suspension	$600 and 10 days license suspension denial or revocation	$1300 and 20 days license suspension denial or revocation	$2000 and 30 days license suspension denial or revocation
THIRD	$700 and or 4 days license suspension	$1000 and or 9 days license suspension	$2000 and or 12 days license suspension	$800 and 30 days license suspension denial or revocation	$2400 and 40 days license suspension denial or revocation	$4000 and 50 days license suspension denial or revocation
((FORTH [FOURTH])) FOURTH OR MORE	$900 and or 5 days license suspension denial or revocation	$2000 and or 12 days license suspension denial or revocation	$3000 and or 15 days license suspension denial or revocation	$1000 and 50 days license suspension denial or revocation	$4250 and 70 days license suspension denial or revocation	$7500 and 90 days license suspension denial or revocation

[Statutory Authority: Chapters 17.21 and 15.58 RCW. 01-01-058, § 16-228-1130, filed 12/12/00, effective 1/12/01. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, § 16-228-1130, filed 10/20/99, effective 11/20/99.]

     (1) Choosing not to pursue a civil penalty, license suspension or license revocation.

     (2) Issuing a notice of correction in lieu of pursuing a civil penalty, license suspension or license revocation(([.])).

     (3) Negotiating settlement(s) of cases on such terms and for such reasons as it deems appropriate. Prior violation(s) covered by a prior settlement agreement may be used by the department for the purpose of determining the appropriate penalty for the current alleged violation(s) if not prohibited by the agreement.

     (4) Referring violations or alleged violations, to any federal, state or county authority with jurisdiction over the activities in question, including but not limited to the Environmental Protection Agency (EPA) and the Federal Aviation Administration (FAA).

[Statutory Authority: Chapters 17.21 and 15.58 RCW. 01-01-058, § 16-228-1150, filed 12/12/00, effective 1/12/01. Statutory Authority: Chapters 15.58, 17.21 RCW. 00-22-073, § 16-228-1150, filed 10/30/00, effective 11/30/00. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, § 16-228-1150, filed 10/20/99, effective 11/20/99.]

     (2) Highly toxic pesticides shall not be transported in the same compartment of the vehicle or other equipment together with clothes, food, feed, or any other material intended for consumption by humans or animals. Any vehicle or other equipment shall be inspected by the owner or authorized agent for contamination before reuse. In instances where leakage or spillage has occurred, the shipper of the pesticides shall be immediately notified for instructions concerning the best method to be employed for the removal of the contamination. Vehicles or other equipment which have been contaminated shall not be returned to service until the contamination has been removed.

     (3) Pesticide containers shall be secured during transit by use of side or end racks, bracing, chocks, tiedowns, or other means to prevent their sliding, falling, tipping, rolling, or falling off the vehicle with normal vehicle acceleration, deceleration, or change in direction.

     (4) Valves shall be tightly closed and manhole covers shall be secured on cargo ((or)), portable and permanent tanks used for transporting, storage and application of pesticides, whether tanks are full or empty.

     (5) Portable tanks shall be secured to prevent their sliding, falling, tipping, or rolling with normal vehicle acceleration, deceleration, or change in direction. Ends, sidewalls, or doors of van bodies shall not be relied upon for securement.

     (6) Pesticides shall not be delivered to a pesticide consignee unless the consignee or authorized agent is present to accept delivery of the pesticides and signs a delivery slip ((and)) or the pesticides are secured in a proper storage.

     (7) Pesticides shall not be stored and/or displayed over or adjacent to meat or vegetable cases, other human foods, animal feeds, or drugs, or in any manner that may result in contamination of food, feed, or clothing. Pesticides intended for sale or distribution shall only be stored and displayed within an enclosed area of a building or fence and shall not be displayed on sidewalks.

     (8) Pesticide dealers shall not sell, offer for sale, or hold for sale highly toxic pesticides in the same department where food for human consumption is displayed or sold. The ((use of the)) same "checkstand" or food packaging area ((is prohibited)) may not be used for the distribution of highly toxic pesticides and food for human consumption.

     (9) All pesticide incidents involving undesirable impacts on human health shall be reported to the Washington state department of health by the department.

     (10) Pesticides in leaking, broken, corroded, or otherwise damaged containers shall not be displayed, offered for sale, or transported and shall be handled or disposed of in a manner that would not contaminate the environment or cause injury to humans and/or animals. Pesticides with obscured, illegible or damaged labels shall not be displayed or offered for sale.

     (11) No person shall distribute or sell any pesticide unless it is in the registrant's or the manufacturer's unbroken, immediate container and ((there)) the registered pesticide label is affixed to the container ((its registered pesticide label)).

     (12) A user of a pesticide may distribute a properly labelled pesticide to another user who is legally entitled to use that pesticide without obtaining a pesticide dealer's license if the exclusive purpose of distributing the pesticide is keeping it from becoming a hazardous waste as defined in chapter 70.105 RCW.

     (13) The distribution and use of DDT and DDD shall be prohibited in this state except for uses allowed by the Environmental Protection Agency or the Center for Disease Control of the United States Department of Health and Human Services.

[Statutory Authority: Chapters 15.58, 17.21 RCW. 00-22-073, § 16-228-1200, filed 10/30/00, effective 11/30/00. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, § 16-228-1200, filed 10/20/99, effective 11/20/99.]

     (2) No person shall transport, handle, store, load, apply, or dispose of any pesticide, pesticide container or apparatus in such a manner as to pollute water supplies or waterways, or cause damage or injury to land, ((including)) humans, desirable plants and animals, or wildlife((:)). Provided((,)) that a pesticide labeled for aquatic use and used as directed shall not be considered a violation of this subsection: ((Provided further, That)) Disposing of pesticides at disposal sites approved by the appropriate agency complies with the requirements of this subsection. Toxicity, volatility, and mobility of pesticides shall be considered in complying with this subsection.

     (3) No person shall pollute streams, lakes, and other water supplies in pesticide loading, mixing, and application. Adequate, functioning devices and procedures to prevent backsiphoning shall be used.

     (4) ((None of the following)) No pesticides shall be applied by aircraft or airblast sprayers ((immediately)) to property abutting and adjacent to occupied schools in session, hospitals, nursing homes or other similar establishments under conditions that may result in contamination of these establishments or their premises((:

     (a) Disulfoton (DiSyston)-Liquid

     (b) Parathion

     (c) Phorate (Thimet)-Liquid)).

     (5) No person shall apply pesticides if weather conditions are such that physical drift or volatilization may cause damage to adjacent land, ((including)) humans, desirable plants or animals.

     (6) Requirements for unattended pesticides and their containers:

     (a) Good generally accepted housekeeping practices shall be maintained for all pesticides and their containers.

     (b) The provisions of (d) and (e) of this subsection and subsection (7) of this section shall not apply to empty pesticide containers when adequately decontaminated (e.g., a minimum of three successive rinsings); and shall not apply to categories 2, 3, and 4 pesticide formulations labeled for home and garden use only.

     (c) For the purposes of (d) and (e) of this subsection and subsection (7) of this section, pesticides and their containers at the loading area shall not be considered unattended during the spraying operation if the operator maintains either visual control or repeatedly returns at closely spaced intervals.

     (d) Pesticides labeled with the signal word "danger/poison" and their containers shall be stored in one of the following enclosures which, when unattended, shall be so constructed and locked (except (v) below) to prevent children, unauthorized persons, livestock, or other animals from gaining entry.

     (i) Closed vehicle.

     (ii) Closed trailer.

     (iii) Building or room or fenced area with a fence at least six feet high.

     (iv) Foot locker or other container which can be locked.

     (v) Unattended trucks or trailers which have solid sideracks and secured tailgate at least six feet above ground, ramp or platform level.

     (vi) Bulk storage containers fifty gallons and larger with tight screw-type bungs and/or secured or locked valves.

     (e) Pesticides labeled with the signal word "danger" when not accompanied by the signal word "poison," pesticides labeled with the signal word "warning" and pesticides labeled with the signal word "caution" and their containers shall be stored in secured storage out of the reach of children in one of the enclosures listed in (d) of this subsection: Provided((,)) that metal containers, twenty-eight gallons and larger, with tight screw-type bungs and/or secured or locked valves ((and sealed five gallon containers (requiring tool to unseal))) shall be considered secured storage.

     (7) Requirements for posting of storage area for pesticides (([and their containers labeled with the signal words "danger/poison"])) and their containers labeled with the signal words "danger/poison":

     (a) For purposes of this subsection, warning signs shall show the skull and crossbones symbol and the words: "Danger/Poison (or Pesticide or Chemical) Storage Area/Keep Out" in letters large enough to be legible at a distance of thirty feet.

     (b) Warning signs shall be posted:

     (i) On enclosures specified in subsection (6)(d) of this section, when such enclosures are unattended;

     (ii) At each entrance or exit from a storage area and on each exterior wall, so that a sign is visible from any direction;

     (iii) If the pesticide storage area is contained in a larger, multipurpose structure, warning signs shall be clearly visible on each exterior wall of the structure within thirty feet of the pesticide storage area and from the main entrance to the larger structure: Provided((,)) that posting of the main entrance shall not be required, if a sign is visible from the entrance which clearly identifies the possibility that pesticides may be stored on the premises, (i.e., XYZ Pest Control or XYZ Wood Treatment, Inc.);

     (8) No person shall disperse a pesticide or pesticide rinsate from any aircraft while in flight except over the target field and at the customary application height for that crop: Provided((,)) that emergency dumping shall not be considered a violation of this section.

[Statutory Authority: Chapters 15.58 and 17.21 RCW. 00-22-074, § 16-228-1220, filed 10/30/00, effective 11/30/00. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, § 16-228-1220, filed 10/20/99, effective 11/20/99.]

     (1) Applying a pesticide at any dosage, concentration or frequency less than that specified on the labeling unless the labeling specifically prohibits deviation from the specified dosage, concentration or frequency;

     (2) Applying a pesticide against any target pest not specified on the labeling if the application is to the crop, animal or site specified on the labeling, unless the department or EPA has required that the labeling specifically state that the pesticide may be used only for the pests specified on the labeling;

     (3) Employing any method of application not prohibited by the labeling unless the labeling specifically states that the product may only be applied only by the methods specified on the labeling, (chemigation applications are prohibited unless the label has chemigation use directions); and

     (4) Mixing a pesticide or pesticides with a fertilizer when such mixture is not prohibited by the labeling.

[]

     (a) Any EPA restricted use pesticide.

     (b) ((2, 4-D - all dry formulations and all liquid amine or salt formulations)) All formulations, except for low volatile esters, of dicamba and phenoxy hormone-type herbicides (e.g., 2,4-D, MCPA, MCPP), distributed in quantities larger than one gallon((, that are used)) in counties located east of the crest of the Cascade Mountains.

     (c) Low volatile ester formulations of dicamba and phenoxy hormone-type herbicides (e.g., 2,4-D, MCPA, MCPP) distributed in quantities of one gallon or larger in counties located east of the crest of the Cascade Mountains.

     (d) Strychnine and its salts.

     (((d))) (e) Aquatic pesticides. All pesticides formulations labeled for application onto or into water to control pests on or in water except as provided in subsection (2) of this section.

     (((e))) (f) Pesticides containing the following active ingredients and their isomers are hereby declared state restricted use pesticides for the protection of groundwater.

     atrazine

     bromacil

     dcpa

     disulfoton

     diuron

     hexazinone

     metolachlor

     metribuzin

     picloram

     prometon

     simazine

     tebuthiuron

     (2) Pesticides which are not classified as EPA restricted use pesticides and which are labeled and intended only for the following uses shall be exempt from the requirements of this section:

     (a) Swimming pools

     (b) Wholly impounded ornamental pools or fountains

     (c) Aquariums

     (d) Closed plumbing and sewage systems

     (e) Enclosed food processing systems

     (f) Air conditioners, humidifiers, and cooling towers

     (g) Industrial heat exchange, air washing and similar industrial systems

     (h) Disinfectants

     (i) Aquatic environments in states other than Washington

     (j) Animal pets

     (k) Use within wholly enclosed structures (with floors) or fumigation chambers.

     Greenhouses are not considered as wholly enclosed structures for the purposes of this section

     (((l))) (i) Home and garden control of mosquito larvae.

     (((3))) (ii) Products listed in subsection (1)(((e)))(f) of this section ((and dry formulations of 2, 4-D)) which are labeled and intended only for Home & Garden use are exempt from the requirements of this section.

     (((4))) (iii) Dry formulations of dicamba, 2,4-D, MCPA, MCPP and other phenoxy hormone-type herbicides labeled and intended only for home and garden use or turf, are exempt from the requirements of this section.

     (iv) Distribution of pesticides bearing combined labeling of uses onto or into water plus ((non-aquatic)) nonaquatic general uses, may be made by licensed pesticide dealers to noncertified applicators if the dealer indicates on the sales slip or invoice that the purchaser of the pesticide agrees that it will not be applied into or onto water. If requested by the department, dealers shall furnish records on the sales of pesticides labeled for application onto or into water, whether sold for that use or not. Records shall include the name and address of the purchaser, the complete product name and/or EPA registration number of the pesticide and the amount purchased. Records shall be kept for seven years from the date of distribution.

     (((5) Licensed pesticide dealers shall keep records of distribution of state restricted use pesticides for a period of seven years from the date of distribution. Records shall be furnished to the director immediately upon request. The records shall contain the following information:

     (a) Name and address of certified applicator;

     (b) Name of authorized agent (if applicable);

     (c) Product name and EPA registration number;

     (d) Quantity in pounds or gallons of the pesticide distributed;

     (e) Date of distribution;

     (f) Certified applicator's license number;

     (g) Crop or site to which the pesticide will be applied.

     (6))) (v) Certified applicators may designate authorized agent(s) for the purpose of purchasing or receiving restricted use pesticides by making previous arrangements with the pesticide dealer, or the authorized agent may provide written authorization by the certified applicator to the dealer at the time of purchase. At the time of purchase by an authorized agent the pesticide dealer shall require the certified applicator's name and license number and positive identification of the authorized agent.

     (vi) Pesticide dealers must positively identify purchasers of restricted use pesticides. Positive identification may be annually at the time of verification of the certified applicator's license number or for each individual purchase if the applicator is unknown to the dealer. Dealers must verify the identification of the purchaser of restricted use pesticides for telephone or electronic purchases either by fax (photo identification) or at the time of delivery.

[Statutory Authority: RCW 15.58.040 and chapter 34.05 RCW. 03-05-034, § 16-228-1231, filed 2/11/03, effective 3/14/03. Statutory Authority: Chapters 15.58 and 34.05 RCW. 02-04-041, § 16-228-1231, filed 1/29/02, effective 3/1/02. Statutory Authority: Chapters 15.58, 17.21 RCW. 00-22-073, § 16-228-1231, filed 10/30/00, effective 11/30/00.]

     (1) Growers shall observe the Environmental Protection Agency restricted entry interval label requirements following any treatment with dry wettable formulations of ziram before entering or allowing persons to enter pear orchards without personal protective clothing.

     (2) Any entry during the restricted entry interval shall follow chapter 16-233 WAC, Worker protection standards, regarding handler, farm worker safety, and early-entry handler requirements.

     (3) Growers shall observe an additional fourteen days after an application before entering or allowing workers to enter Bosc pear orchards without personal protective clothing as defined below.

     (4) For the purposes of this section, minimum personal protective clothing shall consist of: A long-sleeved shirt; long-legged pants; socks; and chemical resistant gloves.

[]

     (2) In the areas under order, pesticide dealers shall make available to the purchaser a copy of the rules pertaining to the use of dicamba and/or phenoxy hormone-type herbicides, including 2,4-D and MCPA, in the area in which the material will be applied.

[Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, § 16-228-1250, filed 10/20/99, effective 11/20/99.]

     (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 15.54, 15.58 and 17.21 RCW. 99-22-002, § 16-228-1260, filed 10/20/99, effective 11/20/99.]

Common Name	Synonyms
alfalfa
arugula	Mediterranean salad, rucola, roquette, Ghargir
beet	garden and sugar
broccoli
broccoli raab	Rapani, Choy Sum, Chinese flowering cabbage
Brussels sprouts
cabbage
carrot
cauliflower
Chinese cabbage (Bok Choy)	Pak Choi (Choy), Bok Choi (Choy), Taisai, celery mustard, spoon cabbage
Chinese cabbage (napa)	Pe-tsai
Chinese ((kale)) broccoli	Chinese ((broccoli)) kale, Gailon
((Chinese mustard	Pak Choi (Choy), Bok Choi (Choy) Taisai, celery mustard, spoon cabbage))
clover
collard
coriander	cilantro
dill
endive	escarole
kale	bore kale
kohlrabi
leek
lettuce
mizuna
mustard (including Chinese and Indian)
onion (bulb)
onion (bunching)
parsley
parsnip
radish (other than daikon)
rape
rutabaga
spinach
spinach mustard
swiss chard	spinach beet
turnip

     (2) For the seed crops listed in subsection (1) of this section, the following conditions shall be met:

     (a) All seed screenings shall be disposed of in such a way that they cannot be distributed or used for human food or animal feed. The seed conditioner shall keep records of screening disposal for three years from the date of disposal and shall furnish the records to the director ((forthwith)) immediately upon request. Conditioner disposal records shall consist of documentation ((from)) of on-farm disposal, disposal at a controlled dump site, incinerator, composter, or other equivalent disposal site and shall ((show)) include the lot numbers, amount of material disposed of, ((its)) the grower(s), and the date of disposal.

     (b) No portion of the seed plant, including but not limited to green chop, hay, pellets, meal, whole seed, cracked seed, roots, bulbs, leaves and seed screenings may be used or distributed for food or feed purposes.

     (c) All seed from the crops listed in subsection (1) of this section grown or conditioned in this state shall bear a tag or container label which forbids use of the seed for human consumption or animal feed.

     (d) No seed from the crops listed in subsection (1) of this section grown or conditioned in this state may be distributed for human consumption or animal feed.

     (3) Violation of any condition listed in subsection (2) of this section is declared to be a violation of chapters 17.21 and 15.58 RCW.

     (4) Any seed crop certified under provisions of RCW 15.86.070, the Organic Food Products Act, shall be exempt from the requirements of this section.

[Statutory Authority: Chapters 15.58, 17.21 RCW. 00-22-073, § 16-228-1270, filed 10/30/00, effective 11/30/00. Statutory Authority: Chapters 15.54, 15.58 and 17.21 RCW. 99-22-002, § 16-228-1270, filed 10/20/99, effective 11/20/99.]

     (a) Full name and address of purchaser;

     (b) Full name and address of certified applicator (if different from (a) above ((if applicable)) for restricted use pesticides);

     (c) Certified applicator's pesticide license number (for restricted use pesticides);

     (d) Full name of authorized agent (((if applicable))) for restricted use pesticides;

     (((d))) (e) Brand and specific pesticide name and((/or)) EPA registration number;

     (((e))) (f) Number of pounds or gallons of the pesticide distributed;

     (((f))) (g) Date of distribution;

     (((g) Certified applicator number (if applicable);))

     (h) Crop and/or site to which pesticide will be applied (((if known)) mandatory for restricted use pesticides, if known for general use pesticides).

[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.]

     (a) The full name and full address of the person for whom the pesticide was applied.

     (b) The address or exact location of the land where the pesticide was applied. If the application is made to one acre or more of agricultural land, the field must be located on the map on the adopted form. Location of agricultural land shall be made using section, township and range, geographical positioning system coordinates, or by irrigation block and farm unit numbers.

     (c) The year, month, day and start and stop time the pesticide was applied.

     (d) The product name used on the registered label and the United States Environmental Protection Agency registration number, if applicable, of the pesticide which was applied.

     (e) The direction from which the wind is blowing and estimated velocity of the wind in miles per hour (mph) and the temperature in degrees Fahrenheit at the time the pesticide was applied: Provided((,)) that this subsection (e) shall not apply to applications of baits in bait stations ((and)), pesticide applications within structures and drip or subsurface irrigation applications. Wind and temperature readings shall be obtained in close proximity to the application site.

     (f) The total amount of pesticide applied such as pounds, gallons, ounces, etc.

     (g) The amount of pesticide applied per acre or one thousand square feet or other appropriate measure.

     (i) For PCO classification or residential ornamental applications, the amount shall be recorded to the nearest ounce of product or to the nearest gallon of liquid spray per site.

     (ii) Fumigation records shall include the pounds of gas released per one thousand cubic feet of space, the temperature, and the duration of the exposure period.

     (h) The concentration of pesticide that was applied. Liquid applications may be recorded as, but are not limited to, amount of product per one hundred gallons of liquid spray, gallons per acre of output volume, ppm, percent product in tank mix (e.g., 1%). For chemigation applications record "inches of water applied" or other appropriate measure. (((Examples include, but are not limited to, the amount of formulation per one hundred gallons of water, percent formulation in the tank mix (i.e.) 1%, or gallons per acre of output volume.)))

     (i) The pests to be controlled (for PCO classification only).

     (j) Specific crop or site to which pesticide was applied.

     (k) Apparatus license plate number.

     (l) The licensed applicator's full name, certified pesticide applicator license number, complete address, telephone number, and the full name and license number(s) if applicable of the individual or individuals making the application.

     (m) The number of acres or other appropriate measure to which the pesticide was applied.

     (2) Application records shall be completed and available to the department the same day the pesticides were applied.

     (3) Application records shall be kept for a period of seven years from the date of the application of the pesticide to which such records refer. The director shall, upon request in writing, be furnished with a copy of such records ((forthwith)) immediately by the licensee.

     (4) Upon written request, the applicator shall provide the customer with a record of each application of pesticides to his/her land, for the current season, which shall contain the information listed in WAC 16-228-1320(1).

     (5) Except as stated in subsection (6) of this section, the information required in subsection (1) of this section shall be provided upon request on the appropriate page of the pesticide record form (figures 1-8): Provided((,)) that computerized records may be maintained as long as the records can be produced in the form and format prescribed by the department.

     (6) The department may allow by written permit the information required in subsection (1) of this section to be kept in a different form and format than that described in figures 1-8: Provided((,)) that the following criteria are met:

     (a) The pesticide application ((record keeping)) recordkeeping system is computerized;

     (b) The pesticide application ((record keeping)) recordkeeping system contains all the information required by subsection (1) of this section, and can be produced in a form and format acceptable to the department.

     (7) All apparatus shall be kept in good repair and only that apparatus capable of performing all functions necessary to ensure proper and thorough application of pesticides shall be used. Apparatus shall be cleaned so that no residue remains which may cause injury to land, ((including)) humans, desirable plants and animals, from subsequent applications.

     (8) On demand of the director, the applicator shall make immediately available for inspection the pesticides being applied and the apparatus used for the application: Provided((,)) that this inspection is made at the site of application or where the apparatus is located.

     (9) The applicator shall make available necessary safety equipment in proper working order and advise employees on its use to meet the safety requirements of the pesticide label.

     (10) Maintain a uniform mixture at all times in operating apparatus when applying pesticides.

     (11) All containers used for prepared mixtures, other than those in an apparatus, shall have a label identifying the contents as a pesticide, the active ingredient, and appropriate cautions.

(([State of Washington Department of Agriculture Olympia, Washington 98504		PESTICIDE APPLICATION RECORD (Version 1) NOTE: This form must be completed same day as the application and it must be retained for 7 years (Ref. chapter 17.21 RCW)
1.	Date of Application - Year: . . . . . . . . . . . .		Month: . . . . . . . . . . . .	Day: . . . . . . . . . . . .		Time: . . . . . . . . . . . .
2.	Name of person for whom the pesticide was applied: . . . . . . . . . . . .
	Firm Name (if applicable): . . . . . . . . . . . .
	Street Address: . . . . . . . . . . . .			City: . . . . . . . . . . . .	State: . . . . . . . . . . . .	Zip: . . . . . . . . . . . .
3.	Licensed Applicator's Name (if different from #2 above): . . . . . . . . . . . . Firm Name (if applicable): . . . . . . . . . . . .					License No.: . . . . . . . . . . . .
					Tel No.: . . . . . . . . . . . .
	Street Address: . . . . . . . . . . . .			City: . . . . . . . . . . . .	State: . . . . . . . . . . . .	Zip: . . . . . . . . . . . .
4.	Name of person(s) who applied the pesticide (if different from #3 above): . . . . . . . . . . . .
	. . . . . . . . . . . .		License No(s). If applicable: . . . . . . . . . . . .
5.	Application Crop or Site: . . . . . . . . . . . .
6.	Total Area Treated (acre, sq. ft., etc.): . . . . . . . . . . . .
7.	Was this application made as a result of a WSDA Permit?			&lhlsqbul; No	&lhlsqbul; Yes (If yes, give Permit No.) # . . . . . . . . . . . .
8.	Pesticide Information (please list all information for each pesticide in the tank mix):

a) Product Name

b) EPA Reg. No.

c) Total Amount of Pesticide Applied in Area Treated

d) Pesticide Applied/Acre (or other measure)

e) Concentration Applied

			/
			/
			/
			/
			/</