WSR 07-11-041A

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed May 9, 2007, 8:10 a.m. , effective June 9, 2007 ]


     Effective Date of Rule: Thirty-one days after filing.

     Purpose: This order clarifies sections regarding phenoxys, the term "restricted use" pesticide, the definition of "home and garden use" pesticides, and modifies the April and May cut off dates for the application of Bromoxynil. There are also several housekeeping changes.

     Citation of Existing Rules Affected by this Order: Repealing WAC 16-230-620 and 16-230-862; and amending chapters 16-228, 16-230, 16-231, and 16-232 WAC.

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

      Adopted under notice filed as WSR 07-07-04 [07-07-049] on March 13, 2007.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 151, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 39, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 152, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 190, Repealed 2.

     Date Adopted: May 9, 2007.

Valoria Loveland

Director

OTS-9522.2


AMENDATORY SECTION(Amending WSR 03-22-029, filed 10/28/03, effective 11/28/03)

WAC 16-228-1010   What are the definitions that apply to this chapter?   The definitions in this section apply throughout this chapter, unless the context requires otherwise:

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

     (3) "Bait box" for rodenticides is a box constructed of durable metal, wood, plastic, or other treated material. It shall be designed to hold rodent bait securely, allow rodents to enter and leave, and prevent unauthorized individuals and nonpest domestic animals from gaining access to the bait. 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.

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

     (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. This definition shall not apply to plants that are not attractive to bees (e.g., lentils, hops, peas (Pisum sp.), pears (second bloom) and potatoes). For the purposes of this definition, "bloom" means a flower head, raceme or spike with one or more open flowers.

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

     (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.

     (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.

     (9) "Commercial vineyard" means a parcel of land from which the grape crop is intended to be sold to a processor or for the commercial fresh market.

     (10) 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.

     (((10))) (11) "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))) (12) "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. The site must be fenced, barricaded or otherwise enclosed or attended by some person in charge to control the access of domestic animals, pets, and unauthorized persons.

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

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

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

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

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

     (((17))) (18) "EPA restricted use pesticide" means any pesticide classified for restricted use by the administrator, EPA.

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

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

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

     (((21))) (22) "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.

     (((22))) (23) "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.

     (((23))) (24) "High volatile esters" are phenoxy hormone-type herbicides with five or less carbon atoms in the ester group, such as, but not limited to, methyl, ethyl, isopropyl, n-butyl, isobutyl and n-pentyl.

     (25) "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.

     (((24))) (26) "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.

     (((25))) (27) "Low volatile esters" are phenoxy hormone-type herbicides with more than five carbon atoms in the ester group.

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

     (((26))) (29) 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.

     (((27))) (30) "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.

     (((28))) (31) "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))) (32) "Private applicator" means a certified applicator who uses or is in direct supervision of the use of any pesticide classified by the EPA or the director as a restricted use pesticide 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.

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

     (((31))) (34) "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))) (35) "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.

     (((33))) (36) "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))) (37) "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.

     (((35))) (38) "Use restricted pesticide" means any pesticide determined by the director to need further state restrictions on use under the authority of chapters 17.21 and 15.58 RCW. This designation does not change federal or state restricted use classifications.

     (39) "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.

[Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. 03-22-029, § 16-228-1010, filed 10/28/03, effective 11/28/03. 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.]


AMENDATORY SECTION(Amending WSR 03-22-029, filed 10/28/03, effective 11/28/03)

WAC 16-228-1125   When can the department revoke or deny a license?   (1) The department retains the sole discretion to determine when an individual license should be revoked rather than suspended. Revocation of a license shall be an option for the department in those circumstances where:

     (a) The penalty schedule allows for revocation; and/or

     (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, 15.58, 34.05 RCW. 03-22-029, § 16-228-1125, filed 10/28/03, effective 11/28/03. Statutory Authority: Chapters 17.21 and 15.58 RCW. 01-01-058, § 16-228-1125, filed 12/12/00, effective 1/12/01.]


AMENDATORY SECTION(Amending WSR 03-22-029, filed 10/28/03, effective 11/28/03)

WAC 16-228-1200   What are the restrictions on pesticide distribution, transportation, application, storage and disposal?   (1) No person shall handle, transport, store, display, apply, dispose of or distribute pesticides in such a manner as to endanger humans and their environment or to endanger food, feed, or any other product that may be transported, stored, displayed, or distributed with such pesticides. Toxicities of pesticides shall be considered in distribution, storage, handling, and merchandising practices.

     (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, 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 or the pesticides are secured in a proper storage. Signed delivery slips shall be maintained as required by WAC 16-228-1300 for records.

     (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 same "checkstand" or food packaging area 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 the registered pesticide label is affixed to the container.

     (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 17.21, 15.58, 34.05 RCW. 03-22-029, § 16-228-1200, filed 10/28/03, effective 11/28/03. 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.]


AMENDATORY SECTION(Amending WSR 03-22-029, filed 10/28/03, effective 11/28/03)

WAC 16-228-1231   What are state restricted use pesticides for distribution by licensed pesticide dealers and for use by certified applicators only?   (1) Pesticides defined by the following categories or active ingredients are hereby declared state restricted use pesticides and shall be distributed only by licensed pesticide dealers to certified applicators or to their duly authorized agents. The certified applicator must have a valid certification, license or permit to use or purchase the kind and quantity of such pesticide sold or delivered. These pesticides shall be used or applied only by certified applicators or persons under the direct supervision of a certified applicator, and only for those uses covered by the certified applicator's license category.

     (a) Any EPA restricted use pesticide.

     (b) All formulations((, except for low volatile esters, of dicamba and)) of phenoxy hormone-type herbicides (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop))((,)) and dicamba when distributed in ((quantities larger than one gallon 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))) except as listed below:

     (i) Salt formulations, including amine and sodium, distributed in quantities of one gallon or less;

     (ii) Dry formulations of phenoxy hormone-type herbicides (e.g., 2,4-D, 2,4-DB, 2,4-DP (dichlorprop), MCPA, MCPB, MCPP (mecoprop)) and dicamba labeled and intended only for home and garden use or for turf.

     (c) Strychnine and its salts.

     (((e))) (d) 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.

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

     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 aquatic 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) Home and garden control of mosquito larvae.

     (3) ((Products listed in subsection (1)(f) of this section which are)) Pesticides containing the following active ingredients and their isomers are declared state restricted use pesticides for the protection of ground water except when labeled and intended only for home and garden use ((are exempt from the requirements of this section)).

     atrazine

     bromacil

     dcpa

     disulfoton

     diuron

     hexazinone

     metolachlor

     metribuzin

     picloram

     prometon

     simazine

     tebuthiuron

     (4) ((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.

     (5))) Distribution of pesticides bearing combined labeling of uses onto or into water plus 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.

     (((6))) (5) 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.

     (((7))) (6) Pesticide dealers must positively identify unknown 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 unknown purchasers of restricted use pesticides for telephone or electronic purchases either by fax (photo identification) or at the time of delivery.

[Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. 03-22-029, § 16-228-1231, filed 10/28/03, effective 11/28/03. 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.]


AMENDATORY SECTION(Amending WSR 03-05-033, filed 2/11/03, effective 3/14/03)

WAC 16-228-1262   When are pesticides containing the active ingredient thiamethoxam ((restricted)) use restricted pesticides?   Pesticides containing the active ingredient thiamethoxam are declared to be ((restricted)) use restricted pesticides when labeled for use on pome fruits, including apples and pears.

[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.]


AMENDATORY SECTION(Amending WSR 03-22-029, filed 10/28/03, effective 11/28/03)

WAC 16-228-1300   What are the recordkeeping requirements for pesticide dealers?   Pesticide dealers shall keep and furnish records to the director immediately upon request on the distribution of any pesticide except those ((labeled only for)) 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, 34.05 RCW. 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.]


AMENDATORY SECTION(Amending WSR 03-22-029, filed 10/28/03, effective 11/28/03)

WAC 16-228-1320   What are the recordkeeping requirements for pesticide applicators?   (1) Certified applicators and all persons applying pesticides to more than one acre of agricultural land in a calendar year including public entities engaged in roadside spraying, and all persons making landscape applications of pesticides to types of property listed in RCW 17.21.410 (1), (b), (c), (d) and (e) shall keep records for each application which shall include the following:

     (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, 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.

     (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.

     (n) For commercial applications, the full name and complete address of the commercial firm.

     (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 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 recordkeeping system is computerized;

     (b) The pesticide application 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, 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)) pesticide mixtures, other than those in an apparatus, shall have a label identifying the contents as a pesticide, the active ingredient, and appropriate ((cautions)) restrictions and precautions.


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: . . . . . . . . . . . . Start Time: . . . . . . . . . . . .
Stop 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, including adjuvants (buffer, surfactant, etc.), in the tank mix):

a) Full 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

/
/
/
/
/
9. Address or exact location of application. NOTE: If the application is made to one acre or more of agricultural land, the field location must be shown on the map on page two of this form.
10. Wind direction and estimated velocity (mph) during the application: . . . . . . . . . . . .
11. Temperature during the application: . . . . . . . . . . . .
12. Apparatus license plate number (if applicable): . . . . . . . . . . . .
13. &lhlsqbul; Air &lhlsqbul; Ground &lhlsqbul; Chemigation
14. Miscellaneous Information:
AGR 4226 (Rev. ((5/03)) 4/07)

Location of Application: If the application covers more than one township or range, please indicate the township & range for the top left section of the map only:
Township: . . . . . . . . . . . . N
Range: E OR W (please indicate:) . . . . . . . . . . . .
Section(s): . . . . . . . . . . . .
Block: . . . . . . . . . . . . Farm Unit: . . . . . . . . . . . .
or GPS: . . . . . . . . . . . .
County: . . . . . . . . . . . .
PLEASE NOTE:
The map is divided into 4 sections with each section divided into quarter-quarter sections. Please complete it by marking the appropriate section number(s) on the map and indicate as accurately as possible the location of the area treated.
Section: . . . . . . . . . . . . Section: . . . . . . . . . . . .
|
One | Mile
N
Section: . . . . . . . . . . . . Section: . . . . . . . . . . . .
Miscellaneous Information:
INSTRUCTIONS
Pesticide Application Record (Version 1) AGR 4226 (Rev. ((5/03)) 4/07)
1. Date may be spelled out or indicated numerically. Time must be indicated as start and stop times.
2. Include first and last name.
3. If the person's name is the same as No. 2, write "same" in the space for the licensed applicator's name and include the license number (if applicable) and telephone number.
4. Include first and last name(s).
5. Indicate type of land or site treated, not location. Examples: Wheat, apples, rights of way, lawn, trees and shrubs, crawl space, wall voids, etc.
6. May also be stated in terms such as linear feet, cubic feet, etc. (Specify the term to which the number refers.) If spot treatment, write spot treatment.
7. If the application was made under permit, but no permit number was issued, indicate the date the permit was issued.
8.a) Brand name found on the pesticide label including adjuvants (buffer, spreader, sticker, surfactant, ((dye,)) etc.).
b) This number is found on the pesticide container label. If the material is being applied under a federal experimental use permit and no EPA Reg. No. exists, list the federal experimental use permit number. If the material is a spray adjuvant (buffer, spreader, sticker, surfactant, etc.) write "adjuvant" in this space and add the state registration number.
c) Indicate the amount of pesticide formulation (product) applied to the total area listed on line 6.
d) Other measures may include amount/sq. ft., amount/cu. ft., amount/linear ft., etc.
e) This may be listed in various ways, such as: Amount of product/100 gallons water, percent formulation in the tank mix (i.e., 1%), gallons per acre of output volume, ppm (or other measure), or inches of water applied (chemigation). Specify the term to which the number refers.
9. Agricultural land includes such areas as forest lands and range lands. It does not include transportation and utility rights of way.
10. Indicate the direction from which the wind is blowing. Measure wind velocity in mph. If the wind varies in direction and velocity during the application, indicate the range of variance (i.e., S-SW 3-7 mph). Wind readings shall be obtained in close proximity to the application site.
11. Indicate temperature in degrees Fahrenheit. (It may be indicated as the range encountered during application.) Temperature readings shall be obtained in close proximity to the application site.
12. This does not apply to private applicators or public agencies.
13. Check one.
14. Depth of application/inches of water (chemigation).
15. This space is available for any additional information you may wish to include.
Form AGR 4226 (Rev. ((5/03)) 4/07) Pg. 2

State of Washington

Department of Agriculture

Olympia, Washington 98504

PESTICIDE APPLICATION RECORD (Version 2)
NOTE: Application information must be completed same day as the application and must be retained for seven years (Ref. chapter 17.21 RCW)

1. Name & Address of Person for Whom Pesticide was Applied

. . . . . . . . . . . .

. . . . . . . . . . . .

. . . . . . . . . . . .

. . . . . . . . . . . .

2. Applicator Name and Address (if different from # 1)

. . . . . . . . . . . .

. . . . . . . . . . . .

. . . . . . . . . . . .

Tel. No. . . . . . . . .           Lic. No. . . . . . . . .

3. Full, complete address or exact location of application (NOTE: If the application is made to one acre or more of agricultural land, the field location must be shown on the map on page two of this form) 4. Misc. Info:
5. Date and

Time of

Application (Start and Stop)

6. Crop or

Site Treated

7. Acres

Treated

(or other

measure)

8. FULL PRODUCT NAME 9. EPA Registration Number 10. Amount of Product Applied 11.

Concentration

12. Weather Conditions (wind direction, velocity, temperature). Apparatus License Plate No. and Name and License No. of person(s) who applied pesticide
Rate per acre (or other measure) Total Product Applied

&lhlsqbul; Air

&lhlsqbul; Ground

&lhlsqbul; Chemigation

&lhlsqbul; Air

&lhlsqbul; Ground

&lhlsqbul; Chemigation

&lhlsqbul; Air

&lhlsqbul; Ground

&lhlsqbul; Chemigation

&lhlsqbul; Air

&lhlsqbul; Ground

&lhlsqbul; Chemigation

. . . . . . . . . . . .

. . . . . . . . . . . .

. . . . . . . . . . . .

. . . . . . . . . . . .

. . . . . . . . . . . .

. . . . . . . . . . . .

. . . . . . . . . . . .

. . . . . . . . . . . .

. . . . . . . . . . . .

. . . . . . . . . . . .

. . . . . . . . . . . .

. . . . . . . . . . . .

. . . . . . . . . . . .

. . . . . . . . . . . .

. . . . . . . . . . . .

. . . . . . . . . . . .

. . . . . . . . . . . .

. . . . . . . . . . . .

. . . . . . . . . . . .

. . . . . . . . . . . .

. . . . . . . . . . . .

. . . . . . . . . . . .

. . . . . . . . . . . .

. . . . . . . . . . . .

. . . . . . . . . . . .

AGR 4235 (Rev. ((5/03)) 4/07)

Location of Application (If the application covers more than one township or range, please indicate the township & range for the top left section of the map only:
Township: . . . . . . . . . . . . N Section: . . . . . . . . . . . . Section: . . . . . . . . . . . .
Range: E OR W (please indicate) . . . . . . . . . . . .
Section(s): . . . . . . . . . . . . One | Mile
Block: . . . . . . . . . . . . Farm Unit: . . . . . . . . . . . .
or GPS: . . . . . . . . . . . .
County: . . . . . . . . . . . . |
N
PLEASE NOTE:
The map is divided into 4 sections with each section divided into quarter-quarter sections. Please complete it by marking the appropriate section number(s) on the map and indicate as accurately as possible the location of the area treated.
Section: . . . . . . . . . . . . Section: . . . . . . . . . . . .
AGR 4235 Pg. 2
INSTRUCTIONS
Pesticide Application Record (Version 2) AGR 4235 (Rev. ((5/03)) 4/07)
1. Include first and last name.
2. If the person's name is the same as No. 1, write "same" in the space for the licensed applicator's name and include the license number (if applicable) and telephone number.
3. Agricultural land includes such areas as forest lands and range lands. It does not include transportation and utility rights of way.
4. This space is available for any additional information you may wish to include.
5. Date may be spelled out or indicated numerically. Application start and stop times must be indicated.
6. Indicate type of land or site treated, not location. Examples: Wheat, apples, rights of way, lawn, trees and shrubs, crawl space, wall voids, etc.
7. May also be stated in terms such as linear feet, cubic feet, etc. (Specify the term to which the number refers.) If spot treatment, write spot treatment.
8. Brand name found on the pesticide label including adjuvants (buffer, spreader, sticker, surfactant, etc.).
9. This number is found on the pesticide container label. If the material is being applied under a federal experimental use permit and no EPA Reg. No. exists, list the federal experimental use permit number. If the material is a spray adjuvant (buffer, spreader, sticker, surfactant, etc.) write "adjuvant" in this space and add the state registration number.
10. Rate per acre: Other measures may include amount/sq. ft., amount/linear ft., etc. Specify the term to which the number refers. Total product applied is the total product applied between start and stop times.
11. This may be listed in various ways, such as: Amount of product/100 gallons water, percent formulation in the tank mix (i.e., 1%), gallons per acre of output volume, ppm (or other measure), or inches of water applied (chemigation). Specify the term to which the number refers.
12. Weather conditions must include the direction from which the wind is blowing, measure velocity in mph. If the wind varies in direction and velocity during the application, indicate the range of variance (i.e., S-SW 3-7 mph). Temperature must also be indicated in degrees Fahrenheit and may be listed as the range encountered during the application. Wind and temperature readings shall be obtained in close proximity to the application site.
The apparatus license plate number does not apply to private applicators or public agencies.
Include first and last name(s) of person(s) who applied the pesticide. Include license number(s) if applicable.

State of Washington

Department of Agriculture

Olympia, Washington 98504

PESTICIDE APPLICATION RECORD (Version 3)

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(s): . . . . . . . . . . . .
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): . . . . . . . . . . . . License No.: . . . . . . . . . . . .
Firm Name (if applicable): . . . . . . . . . . . . Tel. No.: . . . . . . . . . . . .
Street Address: . . . . . . . . . . . . City: . . . . . . . . . . . . State: . . . . . . . . . . . . Zip: . . . . . . . . . . . .
4. &lhlsqbul; Air &lhlsqbul; Ground &lhlsqbul; Chemigation
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 (list all information for each pesticide including adjuvants in the tank mix):
a) Full 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

f) Depth of Application (Chemigation)
/
/
/
/
/
9. Address or exact location of application. NOTE: If the application is made to one acre or more of agricultural land, the field location must be shown on the map on page two of this form.

10. Date 11. Name of person(s) making the application 12.

License No.

13. Apparatus

Lic. Plate No.

14. Time 15. Acres

Completed

16. Wind 17. Temp
Start Stop Dir. Vel.
(mph)