Idaho Department of Ag Rules Governing Pesticide and Chemigation Use.pdf

Table of Contents

02.03.03 – Idaho Department of Agriculture Rules Governing Pesticide and Chemigation Use and Application

000. Legal Authority

001. Title And Scope

002. Written Interpretations

003. Administrative Appeal

004. Definitions

005. Findings

006. Address, Office Hours, Telephone, Fax Numbers, Web Address

007. Incorporation By Reference

008. -- 049. (Reserved)

050. Private Applicator Licensing

051. -- 099. (Reserved)

100. Licensing Professional Applicators And Pesticide Dealers

101. Registration And Licensing Requirements For Use Of The LPC

102. Restrictions And Penalties

103. -- 149. (Reserved)

150. Records Requirements

151. -- 199. (Reserved)

200. Fees

201. -- 249. (Reserved)

250. Financial Responsibility

251. -- 299. (Reserved)

300. Deviations From Pesticide Labels And Labeling

301. -- 309. (Reserved)

310. Low-Flying Prohibitions

311. -- 319. (Reserved)

320. Wind Velocity Restrictions

321. Change Of License Status

322. (Reserved)

323. Pesticide-Fertilizer Mix Restrictions

324. Experimental Permits

325. -- 399. (Reserved)

400. Restrictions To Protect Pollinators

401. -- 449. (Reserved)

450. Storage Of Pesticide Containers

451. -- 499. (Reserved)

500. Non-Domestic Pesticides

501. -- 549. (Reserved)

550. Phenoxy Herbicide Restrictions

551. -- 599. (Reserved)

600. Application Near Hazard Areas

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Table of Contents (cont’d)

601. Microencapsulated Methyl Parathion Restriction

602. -- 799. (Reserved)

800. Pesticide Use On Seed Crop Fields

801. -- 849. (Reserved)

850. Unusable Pesticides Collection And Disposal

851. -- 960. (Reserved)

961. General Chemigation Requirements

962. Irrigation Systems

963. Chemical Injection Line Shut Down (System Interlock)

964. Injection Line Check Valve

965. Chemical Injection System

966. Irrigation Line Check Valve

967. Gooseneck Pipe Loop, Downhill And Over-A-Hill

968. Vacuum Relief Valve Or Combination Air And Vacuum Relief Valve

969. Inspection Port

970. Automatic Low Pressure Drain

971. Variances

972. -- 999. (Reserved)

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IDAPA 02

TITLE 03

CHAPTER 03

02.03.03 – IDAHO DEPARTMENT OF AGRICULTURE RULES GOVERNING

PESTICIDE AND CHEMIGATION USE AND APPLICATION

000. LEGAL AUTHORITY.

This chapter is adopted under the legal authority of Section 22-3421, Idaho Code. (3-23-98)

001. TITLE AND SCOPE.

01. Title. The title of this chapter is IDAPA 02.03.03, “Idaho Department of Agriculture Rules Governing Pesticide and Chemigation Use and Application.” (4-5-00)

02. Scope. This chapter has the following scope: to govern the use and application of pesticides;

licensing of pesticide applicators and registration of pesticides for use in Idaho; registration and licensing requirements for use of the Livestock Protection Collar; testing and recertification of licensees; record keeping requirements; financial responsibilities; aerial applications of pesticides; wind restrictions; pesticide/fertilizer mix restrictions; experimental use permits; restrictions to protect pollinators; storage of pesticide containers; non-domestic pesticides; phenoxy herbicide restrictions; application of pesticides near hazard areas; microencapsulated methyl parathion restrictions; daminozide (Alar) restrictions; pesticide use on alfalfa, carrot, onion, radish, or clover seed; unusable pesticides collection and disposal; and to govern licensing and responsibilities for chemigation;

signage for chemical usage; shut down requirements; pressure switch, chemical injection, metering pump, system interlock requirements, and wind speed precautions; irrigation system connections; flood, basin, furrow, border chemigation; sprinkler, drip chemigation; anti-pollution devices; irrigation line check valve model certification; use of Anhydrous Ammonia; and to include variances. (4-5-00)

002. WRITTEN INTERPRETATIONS.

There are no written interpretations of these rules. (3-20-97)

003. ADMINISTRATIVE APPEAL.

There is no provision for administrative appeal before the Idaho Department of Agriculture under this chapter.

Hearing and appeal rights are pursuant to Title 67, Chapter 52, Idaho Code. (3-20-97)

004. DEFINITIONS.

The Idaho Department of Agriculture adopts the definitions set forth in Section 22-3401, Idaho Code, and the following definitions: (3-20-97)

01. Air Gap. A physical separation between the free flowing discharge end of a domestic water supply system pipeline and an open or non-pressure receiving vessel. (4-5-00)

02. Basin Irrigation. Irrigation by flooding areas of level land surrounded by dikes. (4-5-00)

03. Border Irrigation. Irrigation by flooding strips of land, rectangular in shape and cross leveled, bordered by dikes. (4-5-00)

04. Certification. Passing one (1) or more examinations, to initially demonstrate an applicant’s competence, as required by the licensing provisions of this act, in order to use or distribute pesticides, or to act as a pesticide consultant. (3-20-97)

05. Check Valve. A certified valve designed and constructed to close a water supply pipeline, chemical injection line, or other conduit in a chemigation system to prevent reverse flow in that line. (4-5-00)

06. Chemigator. Any person engaged in the application of chemicals through any type of irrigation system. (4-5-00)

07. Cross-Connection. Any connection that may have chemical injected or introduced into the domestic water supply system and has the potential of or is connected to the domestic water supply system. (4-5-00) Section 000 Page 3

IDAHO ADMINISTRATIVE CODE IDAPA 02.03.03

Department of Agriculture Pesticide & Chemigation Use & Application Rules

08. Demonstration and Research. The use of restricted use pesticides to demonstrate the action of the pesticide or conduct research. (3-20-97)

09. Domestic Water Supply System. Any system providing water for human use. (4-5-00)

10. Drip Irrigation. A method of microirrigation wherein water is applied as drops or small streams through emitters. (4-5-00)

11. Flood Irrigation. Method of irrigation where water is applied to the soil surface without flow controls, such as furrows, borders or corrugations. (4-5-00)

12. Flow Rate. The weight or volume of flowable material per unit of time. (4-5-00)

13. Furrow Irrigation. Method of surface irrigation where the water is supplied to small ditches or furrows for guiding the water across the field. (4-5-00)

14. Hazard Area. Cities, towns, subdivisions or densely populated areas. (3-20-97)

15. High Volatile Esters. Formulations of 2,4-D which contain methyl, ethyl, butyl, isopropyl, octylamyl and pentyl esters. (3-20-97)

16. Injection Pump. A pump that uses a gear, rotary, piston or diaphragm to develop the pressures exceeding the irrigation system pressure to inject a chemical. (4-5-00)

17. Inspection Port. An orifice or other viewing device from which the low pressure drain and check valve may be observed. (4-5-00)

18. Low Volatile Esters. Formulations of 2,4-D; 2,4-DP; MCPA and MCPB which contain butoxyethanol, propylene glycol, tetrahydrofurfuryl, propylene glycol butyl ether, butoxy propyl, ethylhexyl and isoctyl esters. (3-20-97)

19. Mixer-Loader. Any person who works under the supervision of a professional applicator in the mixing and loading of pesticides to prepare for, but not actually make, applications. (3-20-97)

20. Pressure Switch. A device which will stop the chemical injection pump when the water pressure decreases to the point where chemical distribution is adversely affected. (4-5-00)

21. Recertification. The requalification of a certified person through seminar attendance over a set period of time, or taking an examination at the end of a set period of time, to ensure that the person continues to meet the requirements of changing technology and maintains competence. (3-20-97)

22. Reduced Pressure Principle Backflow Prevention Assembly (RP). An assembly containing two

(2) independently acting approved check valves together with a hydraulically operating, mechanically independent pressure differential relief valve located between the check valves and at the same time below the first check valve.

The unit shall include properly located resilient seated test cocks and tightly closing resilient seated test cocks and tightly closing resilient seated shutoff valves at each end of the assembly. (4-5-00)

23. Seminar. Any Department-approved meeting or activity convened for the purpose of presenting pesticide recertification information. (3-20-97)

24. Sprinkler Irrigation. Method of irrigation in which the water is sprayed, or sprinkled, through the air to the ground surface. (4-5-00)

25. System Interlock. Safety equipment used to ensure that a chemical injection pump will stop if the irrigation pumping plant stops to prevent the entire chemical mixture from emptying from the supply tank into the irrigation pipeline. The safety equipment may also be used to shut down the irrigation system if the injection system Section 004 Page 4 fails. (4-5-00)

26. Vacuum Relief Valve. A device to automatically relieve or break a vacuum. (4-5-00)

27. Venturi. A differential pressure injector that operates on a pressure difference between the inlet and outlet of the injector and creates a vacuum inside the body, which results in suction through the suction port. (4-5-00)

28. Venturi Injection System. A chemical injection system which operates with a Venturi using the suction from the Venturi that can be used to inject and mix chemicals into the water. (4-5-00)

29. Working Pressure. The internal operating pressure of a vessel, tank or piping used to hold or transport liquid. (4-5-00)

30. Waters of the State. Any surface waters such as canals, ditches, laterals, lakes, streams, or rivers.

(4-5-00)

005. FINDINGS.

These rules are promulgated pursuant to Section 67-5226, Idaho Code, in compliance with the deadlines in the governing law, Title 22, Chapter 34, Idaho Code. The rule changes are necessitated by the passage of H.B. 99 in the 1999 legislative session combining the Idaho Pesticide and Chemigation Laws. These rules will combine IDAPA 02.03.03, “Idaho Department of Agriculture Rules Governing Pesticide Use and Application,” and IDAPA 02.03.04, “Rules Governing Chemigation,” and name the combined rule IDAPA 02.03.03, “Idaho Department of Agriculture Rules Governing Pesticide and Chemigation Use and Application.” The existing Chemigation rules (IDAPA 02.03.04, “Rules Governing Chemigation”) will be repealed in their entirety. In addition, the rule adds two (2) crops to the list of non-food crops; provides for consistent licensing by issuing two (2) year Pesticide Dealer licenses so all pesticide licenses will be effective for two (2) years; revises the aquatic weed applicator category to more accurately reflect activities in this licensing category; and the livestock protection collar rule changes are incorporated pursuant to SCR 115. (4-5-00)

006. ADDRESS, OFFICE HOURS, TELEPHONE, FAX NUMBERS, WEB ADDRESS.

The Idaho State Department of Agriculture central office is located at 2270 Old Penitentiary Road, Boise, ID 83712- 8298. The office is open from 8 a.m. to 5 p.m., except Saturday, Sunday, and legal holidays. The mailing address is PO Box 7249, Boise, Idaho 83707. The phone number is (208) 332-8500 and the fax number is (208) 334-2170. The Department web address is https://agri.idaho.gov/. (3-30-01)

007. INCORPORATION BY REFERENCE.

01. Incorporated Document. IDAPA 02.03.03 incorporates by reference 40 CFR Part 165 Subpart E - Standards For Pesticide Containment Structures, Sections 165.80 through 165.97 as published in the Federal Register, Volume 71, Number 158, on August 16, 2006. (5-8-09)

02. Availability of Documents. Copies of these documents may be viewed at the Idaho State Department of Agriculture, 2270 Old Penitentiary Road, P.O. Box 7249, Boise, ID 83707 or through the U.S.

Government Printing Office at http://www.gpo.gov/fdsys/. (5-8-09)

008. -- 049. (RESERVED)

050. PRIVATE APPLICATOR LICENSING.

01. Applying for a Private Applicator's License. Applicants who wish to obtain a private applicator’s license shall: (4-4-13)

a. Fill out an application prescribed by the Department; and (4-4-13)

b. Take an examination based on the Environmental Protection Agency (EPA) core manual and score a minimum of seventy percent (70%). For the purpose of becoming licensed, examination scores shall be valid for twelve (12) months from the date of the examination. The examination procedure shall be the same as for Section 005 Page 5

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(3-20-14)

02. License Categories. (4-4-13)

a. Private applicators shall be certified and licensed in one or more of the following categories:

(4-4-13)

i. Restricted Use Pesticide (RU). For persons who use or supervise the use of restricted use pesticides to produce agricultural commodities or forest crops on land they or their employer(s) own(s) or operate(s). (3-20-97)

ii. Chemigation (CH). For persons who apply chemicals through irrigation systems on land they or their employer(s) own(s) or operate(s). (3-20-97)

iii. Soil Fumigation (SF). For persons who apply soil fumigants on land they or their employer(s) own(s) or operate(s). In order to be certified and licensed in this category, private applicators must pass both the RU examination and the SF examination. (4-4-13)

b. Non-reading applicators may be certified to purchase and apply a single restricted use pesticide when they have demonstrated their competence in the safe and proper use of such pesticide to the Director or other designated agent. (3-20-97)

03. License Recertification. In order for a private applicator’s license to be renewed, the license holder must complete the recertification provisions of this section. Beginning July 1, 1996, licenses belonging to private applicators with last names beginning with A through L, inclusive, shall expire on the last day of the month listed on the chart in Subsection 050.03.a. in every odd-numbered year, and licenses belonging to private applicators with last names beginning with M through Z, inclusive, shall expire on the last day of the month listed on the chart in Subsection 050.03.a., in every even-numbered year. The recertification period shall be concurrent with the licensing period. Those persons who are currently licensed as a private applicator or chemigator on June 30, 1996, shall be reissued a private applicator license with the appropriate categories. Those persons who are currently licensed as a private applicator or chemigator on June 30, 1996, shall be grandfathered into the licensing schedule at Subsection 050.03.a. Any person with less than thirteen (13) months in the initial licensing period shall not be required to obtain recertification credits for the initial period. Upon issuance of the replacement license, the previous license shall be null and void. Any private applicator license without an expiration date shall be null and void on December 31, 1996.

Recertification and relicensing may be accomplished by complying with either Subsection 050.03.b. or 050.03.c.

(4-4-13)

a. Licensing schedule.

(3-20-97)

b. A person shall accumulate recertification credits by attending Department-accredited pesticide instruction seminars. (3-20-97)

i. A minimum of six (6) credits shall be earned during each recertification period. (3-23-98)

ii. Guidelines for obtaining recertification credits shall be the same as for professional applicators, as described in Subsections 100.04.a.ii. through 100.04.a.v. Any credits accumulated beyond the required six (6) in a

Last Name Month to License

Odd Year Even Year

A-D M-P March

E-H Q-T July

I-L U-Z October Section 050 Page 6 recertification period may not be carried over to the next recertification period. (3-23-98)

iii. Upon earning the recertification credits as described above, a person shall be considered by the Department to be recertified and eligible for license renewal for the next licensing period, provided that the license renewal application is submitted within twelve (12) months from the expiration date of the license. (3-20-14)

c. A person shall pass the Department’s private applicator recertification examination(s) for all categories in which the person intends to license with a minimum score of seventy percent (70%). (3-20-97)

i. Recertification examinations may be taken by a person beginning the thirteenth (13th) month of the license period. (3-20-97)

ii. The examination procedures as outlined in Subsection 100.03 shall be followed, except that an examination fee shall not be assessed. (3-20-97)

iii. Upon passing the recertification examinations, a person shall be considered by the Department to be recertified and eligible for license renewal for the next licensing period. For the purpose of becoming licensed, recertification examination scores shall be valid for twelve (12) months from the date of the examination. (3-20-14)

051. -- 099. (RESERVED)

100. LICENSING PROFESSIONAL APPLICATORS AND PESTICIDE DEALERS.

01. Demonstration of Competence. (3-20-97)

a. Professional applicators shall not recommend the application or make an application of any pesticide for any purpose, unless they have demonstrated competence for that purpose, which competence must be demonstrated by passing Department examinations and becoming licensed in the appropriate categories listed in Subsection 100.02. (3-20-97)

b. An applicant shall demonstrate competency in the following areas: (3-20-97)

i. Labels and labeling, including terminology, instructions, format, warnings and symbols. (3-20-97)

ii. Safety factors and procedures, including protective clothing and equipment, first aid, toxicity, symptoms of poisoning, storage, handling, transportation and disposal. (3-20-97)

iii. Laws, rules, and regulations governing pesticides. (3-20-97)

iv. Environmental considerations, including the effect of climate and physical or geographical factors on pesticides, and the effects of pesticides on the environment, and the animals and plants living in it. (3-20-97)

v. Mixing and loading, including interpretation of labels, safety precautions, compatibility of mixtures, and protection of the environment. (3-20-97)

vi. Methods of use or application, including types of equipment, calibration, application techniques, and prevention of drift and other types of pesticide migration. (3-20-97)

vii. Pests to be controlled, including identification, damage characteristics, biology and habitat.

(3-20-97)

viii. Types of pesticides, including formulations, mode of action, toxicity, persistence, and hazards of use. (3-20-97)

ix. Chemigation practices involving the application of chemicals through irrigation systems, calibration, management, and equipment requirements. (4-5-00) Section 100 Page 7

x. For use of the Livestock Protection Collar (LPC), in addition to the requirements of Subsection 100.01.b.i. through 100.01.b.viii., professional applicators shall have training in and knowledge of the following:

(3-19-99)

(1) Characteristics and habits of predatory animals, and particularly, coyotes. (3-19-99)

(2) Properties of the collars and of Sodium Fluoroacetate (Compound 1080). (3-19-99)

(3) Recordkeeping requirements set forth in Subsection 150.01 that will additionally include a record of each animal found poisoned or suspected of having been poisoned as a result of the use of Compound 1080, including target and non-target species. (3-19-99)

(4) The requirement for immediate reporting of suspected poisonings of non-target species and suspected poisonings of humans or domestic animals by the use of Compound 1080 to the United States Environmental Protection Agency (US EPA) and the Idaho State Department of Agriculture (ISDA). (3-19-99)

(5) How to properly dispose of animal remains, vegetation, or soil contaminated by a punctured LPC.

(3-19-99)

(6) Practical treatment of Compound 1080 poisonings in humans and domestic animals. (3-19-99)

(7) Safe handling, attachment, and storage of LPC collars. (3-19-99)

(8) The requirement to post and maintain bilingual (English/Spanish or other second language appropriate for the region) signs at logical points of access to areas where LPCs are in use. (3-19-99)

(9) The requirement to perform inspections once every week to ensure that collars in use are accounted for, property positioned, and intact. (3-19-99)

(10) Knowledge of alternative controls of predation. (4-5-00)

xi. For use of the LPC, in addition to the requirements of Subsections 100.01.b.i. through 100.01.b.x., professional applicators shall have training in and the ability to: (3-19-99)

(1) Recognize potential hazards to humans, domestic animals, and non-target wildlife from the use of the LPC. (3-19-99)

(2) Read and understand the labeling specific to the LPC. (3-19-99)

(3) Recognize general symptoms of poisoning by Compound 1080 in humans and domestic animals and take appropriate action. (3-19-99)

(4) Recognize where the LPC can be used safely and effectively and, conversely, where alternative methods of control would be more appropriate. (3-19-99)

(5) Assess damaged LPCs to determine which can be repaired and which must be disposed of properly.

(3-19-99)

(6) Properly dispose of the LPCs. (3-19-99)

02. Certification. A person shall be certified by passing Department examinations with a minimum of seventy percent (70%) in the applicable pesticide categories. For the purpose of becoming licensed, examination scores shall be valid for twelve (12) months from the date of the examination. (3-20-14)

a. Professional applicators shall be certified and licensed in one (1) or more of the following categories: (3-20-97) Section 100 Page 8

i. Law and Safety (LS). This shall include general knowledge of pesticides including proper use and disposal, product characteristics, first aid, labeling, and laws. Certification in this category is required when certifying in Subsections 100.02.a.ii. through 100.02.a.ix. (3-20-97)

ii. Agriculture. For persons conducting field crop applications. Agriculture Herbicide (AH).

Certification in this category shall also certify a person to make herbicide applications in rights-of-way, forests, and rangelands. Agriculture Insecticide/Fungicide (AI). Certification in this category shall also certify a person to make insecticide/fungicide applications in rights-of-way, forests, and rangelands. Soil Fumigation (SF). (4-5-00)

iii. Forest Environment (FE). For U.S. Forest Service and Bureau of Land Management personnel, contractors, and private industry personnel who control pests in forests and on rangelands. (3-20-97)

iv. Right-of-Way Herbicide (RW). For railroads, highway departments and others, for roadside weed control, soil sterilant herbicides, and weed control on public lands (non-crop). Certification in the Agricultural Herbicide category shall exempt the applicant from the need to certify in this category. (3-20-97)

v. Public Health Pest (PH). For abatement districts and others controlling mosquitoes and other public health pests. (3-20-97)

vi. Livestock Pest Control (LP). For persons treating livestock pests. (3-20-97)

vii. Ornamental Herbicide (OH). For persons conducting outside urban or residential herbicide applications, with the exception of soil sterilant applications (see Subsection 100.02.a.iv.). Ornamental Insecticide/ Fungicide (OI). For persons doing outside urban or residential insecticide and fungicide applications, including exterior applications to residential, urban or commercial buildings, excluding structural destroying pests (see Subsection 100.02.a.ix.). (4-5-00)

viii. General Pest Control Operations (GP). For persons controlling pests in and around residential, commercial, or other buildings, excluding structural destroying pests. (3-20-97)

ix. Structural Destroying Pest (SP). For persons involved in the control of pests which destroy wooden structures, such as bridges, houses, offices, and warehouses. (3-20-97)

x. General Vertebrate Control (GV). For Wildlife Services (WS) personnel of the United States Department of Agriculture-Animal and Plant Health Inspection Service, for controlling vertebrates such as rodents, predators, and birds. (4-5-00)

xi. Rodent Control (RC). For rodent districts and others, for the control of field rodents. Certification in the General Pest Control category shall exempt the applicant from the need to certify in this category. (3-20-97)

xii. Aquatic Weed and Pest Control (AW). For irrigation districts, canal companies and others, for weed and pest control on aquatic sites. (4-5-00)

xiii. Seed Treatment (ST). For persons doing treatments to protect seeds used for plant reproduction.

(3-20-97)

xiv. Commodity Pest Control (CP). For persons controlling pests in stored commodities. (3-20-97)

xv. Potato Cellar Pest Control (PC). For persons who apply sprout inhibitors in potato cellars.

(3-20-97)

xvi. Wood Preservative (WP). For persons who apply wood preservatives. (3-20-97)

xvii. Pest Control Consultant-Statewide (SW). For persons who make recommendations or supply technical advice concerning the use of any pesticide for agricultural purposes. (3-20-97)

xviii. Demonstration and Research (DR). For persons who apply or supervise the use of restricted use Section 100 Page 9 pesticides at no charge to demonstrate the action of the pesticide or conduct research with restricted use pesticides. A person shall be eligible to license in this category by passing the Pest Control Consultant examination. (3-20-97)

xix. Chemigation (CH). For persons who apply chemicals through an irrigation system, excluding Aquatic Weed and Pest Control applicators (see Subsection 100.02.xii.). (4-5-00)

xx. Livestock Protection Collars (LPC). For use of Livestock Protection Collars (LPC) containing the restricted use pesticide Compound 1080 to control predatory coyotes. (3-19-99)

b. Pesticide Dealers shall be certified and licensed in any category listed in Subsection 100.02 that pertains to the types of restricted use pesticides sold or distributed. (3-23-98)

c. Persons with an active license category on June 30, 1996, shall retain said category under the rules which became effective on July 1, 1996, until the expiration of the certification period or suspension of the license by the Department. (3-23-98)

d. Mixer-Loaders. Effective December 31, 1998, mixer-loader licenses issued by the Department shall expire. No person shall act as a mixer-loader for a professional applicator without first obtaining annual training.

(3-23-98)

i. Training shall be conducted and certified by the professional applicator who employs the mixer-loader. Certification of training shall be on a form prescribed by the Department and must include the signatures of both the mixer-loader and the professional applicator providing the training. (3-23-98)

ii. Training shall include areas relevant to the pesticide mixing and loading operation and instruction on the interpretation of pesticide labels, safety precautions, first aid, compatibility of mixtures, and protection of the environment. (3-23-98)

iii. Employers of mixer-loaders shall comply with federal and state laws related to hazardous occupations and shall provide and ensure the use of personal protective equipment required in the label directions.

(3-23-98)

03. Department Examination Procedures. (3-20-97)

a. Examinations shall be administered by a designated agent. (3-20-97)

b. To pass a Department examination, professional applicators and pesticide dealers shall obtain a score of seventy percent (70%) or higher. (3-23-98)

c. Payment of examination fees shall be received by the Idaho Department of Agriculture before examination results may be released. (3-20-97)

d. A minimum waiting period of one (1) week shall be required before an applicant may retake an examination. (4-6-05)

04. Licensing Periods and Recertification. Beginning August 31, 2000, Pesticide Dealer licenses shall expire on August 31, of even numbered years and have a twenty-four (24) month duration. A Pesticide Dealer License application form shall accompany each new license or license renewal request. Professional applicator licenses shall be renewed by satisfying the recertification provisions of this section. Licenses belonging to professional applicators with last names beginning with A through L, inclusive, shall expire on the last day of the year in every odd-numbered year, and licenses belonging to professional applicators with last names beginning with M through Z, inclusive, shall expire on the last day of the year in every even-numbered year. Any professional applicator with less than thirteen (13) months in the licensing period shall not be required to obtain recertification credits during the initial licensing period. The recertification period for professional applicators shall be concurrent with their two (2) year licensing period. Recertification requirements may be accomplished by complying with either Subsection 100.04.a. or 100.04.b. (4-5-00) Section 100 Page 10

a. A person shall accumulate recertification credits by attending Department-accredited pesticide instruction seminars. (3-20-97)

i. A minimum of fifteen (15) credits shall be earned by a professional applicator during each recertification period. (3-23-98)

ii. A completed request for accreditation of a seminar shall be received by the Department not less than thirty (30) days prior to the scheduled seminar. Such a request shall be submitted on a form prescribed by the Department. Under exceptional circumstances, as described in writing by the person requesting accreditation, the thirty (30) day requirement may be waived. (3-20-97)

iii. Credit will be given only for those parts of seminars that deal with pesticide subjects as listed in Subsection 100.01.b. No credit will be given for training given to persons to prepare them for initial certification.

(3-20-97)

iv. The number of credits assigned in advance for a seminar, or a part of a seminar, shall be tentative, and may be revised by the Department if it is later found that the training does not comply with Subsection 100.04.a.iii. (3-20-97)

v. Effective July 1, 1998, a recertification credit shall be based upon one (1) credit for each one (1) hour of instruction, as described in Subsection 100.04.a.iii. Should an applicator’s recertification period include credits earned prior to July 1, 1998, those credits based on one hundred fifty (150) minutes of instruction shall be converted to three (3) credits for recertification purposes. (3-23-98)

vi. Verification of attendance at a seminar shall be accomplished by validating the attendee’s pesticide license, using a stamp, sticker, or other method approved by the Department. A designated agent shall ensure that such attendance records are properly completed. Verification of attendance must be submitted with the license renewal application. (3-20-97)

vii. If a person has accumulated more than fifteen (15) credits during the recertification period, the excess credits may not be carried over to the next recertification period. (3-23-98)

viii. Upon earning the recertification credits as described above, a person shall be considered by the Department to be recertified for the next recertification period corresponding with the next issuance of a license, provided that the license renewal application is submitted within twelve (12) months from the expiration date of the license. (3-20-14)

b. A person shall pass the Department’s recertification examinations for all categories in which a person intends to license. (3-20-97)

i. Recertification examinations may be taken by a professional applicator beginning the thirteenth month of the recertification period. (3-23-98)

ii. The examination procedures as outlined in Subsection 100.03 shall be followed. (3-23-98)

iii. In addition to examinations for categories listed under Subsections 100.02.a.ii. through 100.02.a.ix., a person must also pass a Law and Safety recertification examination. (3-23-98)

iv. Recertification shall not be achieved by passing an entry-level examination. (3-20-97)

v. Upon passing the recertification examination(s), a person shall be considered by the Department to be recertified for the next recertification period. (3-20-97)

c. Any person who fails to accumulate the required recertification credits prior to the expiration date of their license shall be required to pass the appropriate recertification examination(s) before being licensed.

(3-20-97) Section 100 Page 11

05. Licensed Professional Applicator. Only a licensed professional applicator shall operate or supervise the operation of commercial application equipment by being present during the time of operation. Licensed professional applicators that start the application of chemicals through chemigation equipment do not have to be present during the entire application, but must return to monitor the proper application at least once every four (4) hours for the duration of the application. (3-29-12)

06. Interim Exemption from Pesticide Dealer Licensing and Recordkeeping. Until such time as the director promulgates specific rules pertaining to distribution of general use pesticides (GUPs), persons selling only GUPs shall not be required to obtain a pesticide dealer license or maintain distribution records of these products.

(3-30-01)

101. REGISTRATION AND LICENSING REQUIREMENTS FOR USE OF THE LPC.

01. Registration. Use restricted to United States Department of Agriculture, Animal and Plant Health Inspection Service, wildlife services (USDA, APHIS, WS) employees, licensing, and recordkeeping requirements for the LPC. (3-19-99)

a. Only the USDA, APHIS, WS shall register the LPC. USDA, APHIS, WS shall hereinafter be known as the registrant for the purpose of these rules. (3-19-99)

b. The LPC shall be transferred only by the registrant and only to professional applicators who are certified in the LC category and who are current employees of USDA, APHIS, WS. (3-19-99)

c. The LPC shall be used only by professional applicators with certification in the LC category who are current employees of the USDA, APHIS, WS. (3-19-99)

d. Before obtaining certification and licensing, LC applicants shall receive training and demonstrate competency in the areas listed in Subsection 100.01.b.x. and 100.01.b.xi. of these rules and satisfy Section 22-3404, Idaho Code. (3-19-99)

e. Only the manufacturer or registrant is authorized to fill collars with Compound 1080. Certified professional applicators or any other person shall not fill collars or remove the pesticide from the collars. (4-5-00)

02. Use of the LPC (Compound 1080). (3-19-99)

a. Use of collars shall conform to all applicable federal and state regulations. (3-19-99)

b. Collars shall be used to take coyotes only. (3-19-99)

c. Warning signs shall be posted at all usual points of entry to the area, including any access roads, or footpath or other walking route that enters the area. When there are no usual points of entry, signs shall be posted in the corners of the area or in any other location affording maximum visibility. (3-19-99)

i. The signs shall remain visible and legible throughout the collar use. (3-19-99)

ii. All warning signs shall be posted and inspected once a week by the certified Wildlife Services employee to ensure their continued presence and legibility, and will be removed when all collars are removed and accounted for. (3-19-99)

iii. Warning signs shall be at least fourteen (14) inches by sixteen (16) inches with letters at least one

(1) inch in height. (3-19-99)

iv. All warning signs shall have a background color that contrasts with red. The words “DANGER” and “PELIGRO,” plus “PESTICIDES” and “PESTICIDAS,” shall be at the top of the sign, and the words “KEEP OUT” and “NO ENTRE” shall be at the bottom of the sign. Letters for all words shall be clearly legible. A circle containing an upraised hand on the left and a stern face on the right shall be near the center of the sign. The inside of the circle shall be red, except that the hand and a large portion of the face shall be in a shade that contrasts with red.

Section 101 Page 12

The length of the hand shall be at least twice the height of the smallest letters. The length of the face shall be only slightly smaller than the hand. (3-19-99)

v. The name of the pesticide (Compound 1080) and the date collars were placed on the sheep or goats shall appear on the warning sign. (4-5-00)

d. If a collar is found to have been punctured by a predator attacking a collared animal, a complete and intensive search shall be conducted for the predator that punctured the collar. (3-19-99)

i. Disposal of punctured or unserviceable collars and contaminated gloves, clothing, vegetation or soil shall be as prescribed by the 1080 LPC label and technical bulletin or through the ISDA pesticide disposal program. Disposal of animal remains shall be in accordance with label directions. (4-5-00)

e. Prior to any intended use or application of the LPCs, the professional applicator shall submit to ISDA a written notice of intended use, as prescribed by the ISDA. The notice shall contain the following: (3-19-99)

i. The professional applicator’s license number issued by the ISDA; (3-19-99)

ii. A list of the names and addresses of the owners or persons in charge of the areas to be treated and a map of the geographic location of such areas; (3-19-99)

iii. The approximate size of the area where treatment will take place; (3-19-99)

iv. The intended period of use; and (3-19-99)

v. The number of collars to be used. (3-19-99)

f. USDA, APHIS, WS shall accurately keep and maintain the following records and reports:(3-19-99)

i. Records of all collars distributed; (3-19-99)

ii. The name and address of each professional applicator receiving the collars; and (3-19-99)

iii. The dates and the number of collars received by each professional applicator. (3-19-99)

iv. These records shall be maintained by USDA, APHIS, WS for a period of three (3) years and shall be made available to the ISDA for inspection, duplication, and verification upon request by the ISDA. (3-19-99)

g. The professional applicator shall accurately keep and maintain the following records and reports:

(3-19-99)

i. Any suspected poisoning of humans, threatened or endangered species, domestic animals, or non-target wild animals shall be reported within seventy-two (72) hours or less to the ISDA and US EPA; (3-19-99)

ii. The name and address of the person on whose property the LPC was used or, if different from the property owner, the same information for the person in charge of the area where the collars will be used; (3-19-99)

iii. A map of the geographic location and size of the area in which the LPCs were used; (3-19-99)

iv. A summary report of the date each individual collar was obtained by the professional applicator, placed on sheep, punctured or ruptured (along with apparent cause), lost or unrecovered, or removed and put in storage, or disposed of through the ISDA Pesticide Disposal Program; (3-19-99)

v. The species, date, and location of each animal found poisoned or suspected of having been poisoned as a result of the use of Compound 1080 in LPCs; (3-19-99)

vi. The dates and results of each collar inspection; and (3-19-99) Section 101 Page 13

vii. A written description of any complete and intensive search for missing collars or poisoned animals conducted as specified in these rules. (3-19-99)

viii. The records required by this rule shall be maintained by the professional applicator for a period of three (3) years and shall be made available to the ISDA for inspection, duplication and verification upon request of the ISDA. (3-19-99)

ix. A report of the records required by Subsection 101.02.g. shall be submitted to the ISDA as an annual summary report. (4-5-00)

h. Collars shall be used only upon sheep or goats within fenced pastures no larger than two thousand five hundred sixty (2,560) acres (four (4) square miles). Fenced pastures include all pastures that are enclosed by livestock fencing. In addition to wire livestock fences, and other man-made fences, such as rock walls, natural barriers such as escarpments, lakes, or large rivers may be used as fences, as long as they will prevent escape of sheep or goats. Fenced pastures and fences as herein defined shall be referred to elsewhere in this section as “area.” Collars shall not be used on unfenced, open range. (4-5-00)

i. All appropriate alternative control methods must be considered before implementing use of the

LPC. (4-5-00)

j. Each collar in use shall be inspected by the professional applicator once a week to ensure that it is properly positioned and unbroken. An inspection report on a form prescribed by the director shall be forwarded to ISDA following the conclusion of the project. (4-5-00)

i. If any collared animal is not accounted for in any two (2) consecutive checks, a complete and intensive search for the collared animal shall be conducted. (4-5-00)

ii. If more than four (4) LPCs are unaccounted for during any thirty (30) day period, WS employees shall remove all LPCs from all animals and terminate their use. Use of collars shall not be resumed until WS employees have provided ISDA with a written protocol defining adequate steps they shall take to prevent any losses of LPCs. (4-5-00)

k. Intact LPCs containing Compound 1080 shall be stored by USDA, APHIS, WS under lock and key in a dry place away from food, feed, domestic animals and corrosive chemicals, and in outbuildings or in outdoor storage areas attached to, but separate from, human living quarters. (4-5-00)

102. RESTRICTIONS AND PENALTIES.

Any person who violated or fails to comply with any provision of these rules, or Title 22, Chapter 34, Idaho Code, shall be subject to one (1) or more of the following actions. (3-19-99)

01. Revocation, Suspension or Denial to Issue or Renew. Revocation, suspension, or denial to issue or renew the license or certification of an applicant, licensee, or certificate holder in accordance with Title 22, Chapter 34, Idaho Code, Section 22-3409, Idaho Code. (3-19-99)

02. Amendment, Suspension, or Revocation of the LPC Registration. Amendment, suspension, or revocation of the LPC registration in accordance with Title 22, Chapter 34, Idaho Code, Section 22-3408. (3-19-99)

03. Imposition of Civil Penalty. Imposition of a civil penalty, in accordance with Title 22, Chapter 34, Idaho Code, Section 22-3423, Idaho Code. (3-19-99)

04. Initiation or Pursuit of Any Other Action. Initiation or pursuit of any other action of an enforcement nature available through Title 22, Chapter 34, Idaho Code. (3-19-99)

103. -- 149. (RESERVED)

150. RECORDS REQUIREMENTS.

Section 102 Page 14

01. Applicator Records. Professional applicators shall maintain pesticide application records for three

(3) years, ready to be inspected, duplicated, or submitted when requested by the Director. The records shall be maintained in a location designated by the professional applicator. (4-5-00)

02. Record Contents. Such records shall contain: (3-20-97)

a. The name and address of the owner or operator of each property treated; and (3-20-97)

b. The specific crop, animal, or property treated; and (3-20-97)

c. The location by the address, general legal description (township, range, and section) or latitude/ longitude of the specific crop, animal, or property treated; and (3-23-98)

d. The size or amount of specific crop, animal, or property treated; and (3-23-98)

e. The trade name or brand name of the pesticide applied; and (3-23-98)

f. The total amount of pesticide applied; and (3-23-98)

g. The dilution applied or rate of application; and (3-23-98)

h. The EPA registration number of the pesticide applied; and (3-23-98)

i. The date of application; and (3-20-97)

j. The time of day when the pesticide is applied; and (3-20-97)

k. The approximate wind velocity; and (3-20-97)

l. The approximate wind direction; and (3-23-98)

m. The full name of the person recommending the pesticide application; and (3-23-98)

n. The full name of the professional applicator applying the pesticide; and (3-23-98)

o. The license number of the professional applicator applying the pesticide; and (3-23-98)

p. Worker protection information exchange, if required by the worker protection standard, prior to pesticide application, shall be documented by: (3-30-01)

i. Date of contact; and (3-23-98)

ii. Time of contact; and (3-23-98)

iii. Name of grower or operator contacted. (3-23-98)

03. Pesticide Dealer Records. Pesticide dealers shall maintain restricted use pesticide distribution records for three (3) years, ready to be inspected, duplicated, or submitted when requested by the Director. The records shall be maintained in a location designated by the pesticide dealer. (3-30-01)

04. Record Contents. Such records shall contain: (3-30-01)

a. The name and address of the person purchasing or receiving the restricted use pesticide (RUP); and (3-30-01)

b. The certified applicator name, license number, and expiration date of the license for the person Section 150 Page 15 certified to use the RUP; or (3-30-01)

c. In the case of distribution of a RUP to another pesticide dealer, the name, license number, and expiration date of the license of the licensed pesticide dealer. (3-30-01)

d. The brand name and Environmental Protection Agency (EPA) Registration Number for each RUP distributed; and (3-30-01)

e. Date of the distribution of each RUP; and (3-30-01)

f. The quantity and size of each RUP container distributed and the total quantity of RUP distributed;

and (3-30-01)

g. The pesticide dealer’s name, address, and pesticide dealer license number distributing the RUP.

(3-30-01)

151. -- 199. (RESERVED)

200. FEES.

01. Pesticide Registration. On and after July 1, 2006, one hundred sixty dollars ($160) per product.

(3-30-06)

02. Professional Applicator's License. On and after July 1, 1996, one hundred twenty dollars ($120) per licensing period of fourteen (14) months or more, sixty dollars ($60) per licensing period of thirteen (13) months or less. (3-20-97)

03. Pesticide Dealer's License. Beginning August 31, 2000, one hundred dollars ($100) per licensing period of fourteen (14) months or more, fifty dollars ($50) per licensing period of thirteen (13) months or less. Prior to August 31, 2000, fifty dollars ($50) for an annual license or partial year if the license is issued after August 31, 1999. (4-5-00)

04. Private Applicator's License. A Restricted Use Category, ten dollars ($10); a Chemigation Category, twenty dollars ($20); or thirty dollars ($30) for both categories. (3-20-97)

05. Examination Fee per Examination Category. Ten dollars ($10). (3-20-97)

201. -- 249. (RESERVED)

250. FINANCIAL RESPONSIBILITY.

01. Proof of Financial Ability. A professional applicator’s license will not be issued by the Department until an applicant submits written proof of financial responsibility by any of the following methods:

(3-20-97)

a. Liability insurance with an insurance company licensed to do business in Idaho and documented on a form approved by the Director; or (3-23-98)

b. A bond that is approved by the Director; or (3-20-97)

c. A cash certificate of deposit in escrow with a bank or trust company; or (3-20-97)

d. An annuity; or (3-20-97)

e. An irrevocable letter of credit. (3-20-97)

f. Any certificate of deposit, annuity, or irrevocable letter of credit must be payable to the Director as Section 200 Page 16

Reauthorized Rules Temporary Effective Date (7-1-19)T bkoonce Highlight bkoonce Highlight trustee and shall remain on file with the Department until it is released, canceled or discharged by the Director. Any certificate of deposit, annuity, or irrevocable letter of credit must maintain a cash value equal to the requirements of Subsection 250.02, less any penalty for early withdrawal. Accrued interest upon a certificate of deposit or annuity shall be payable to the purchaser of the certificate or annuity. (3-20-97)

g. Under the provisions of this chapter, an irrevocable letter of credit shall not be acceptable unless it is issued by a national bank in Idaho or by an Idaho state-chartered bank insured by the federal deposit insurance corporation. Under the provisions of this chapter, an annuity shall not be accepted by the Department unless it is issued by an insurance company, bank or other financial institution found acceptable by the Director. (3-20-97)

h. Exclusions. Any exclusion to liability insurance, bond, cash certificate of deposit, annuity or irrevocable letter of credit coverage shall be listed on a form approved by the Director. (3-19-99)

02. Minimum Coverage Required. (3-20-97)

a. Professional applicators. (3-20-97)

i. Bodily injury - fifty thousand dollars ($50,000) per person/one hundred thousand dollars ($100,000) per occurrence. (3-23-98)

ii. Property damage - fifty thousand dollars ($50,000) per occurrence. (3-23-98)

iii. Maximum deductible - five thousand dollars ($5,000). (3-23-98)

iv. All new professional applicator licenses issued on or after September 1, 1997, shall require financial responsibility at or exceeding the coverage limits as specified in Subsections 250.02.a.i. and 250.02.a.ii.

(3-23-98)

v. In order to maintain an existing professional applicator license the coverage limits specified in Subsections 250.02.a.i. and 250.02.a.ii. shall be met or exceeded on or before December 31, 1998. (3-23-98)

03. Target Property Not Required to Be Covered. The immediate property being treated is not required to be covered as prescribed in Subsection 250.02.a.ii. (3-19-99)

04. Cancellation or Reduction. The Department shall be notified by the applicator in writing immediately after cancellation or reduction of the financial coverage. (3-23-98)

05. Coverage Waived. Coverage waivers which have been issued prior to September 1, 1997, shall remain in effect until the first license expiration date subsequent to September 1, 1997. (3-23-98)

251. -- 299. (RESERVED)

300. DEVIATIONS FROM PESTICIDE LABELS AND LABELING.

Any licensed…