1. Before selling, offering for sale, or distributing pesticides with this designation in packages of more than one quart, a dealer must be a licensed Restricted Use Pesticides dealer. A dealer may sell, offer for sale, or distribute only those pesticides that are registered in the State.

2. Each branch of a license holding dealer which also sells or distributes these products must have a dealer's license. Firms or distributors who take orders for these products must secure a dealer's license, even though the order is placed with a dealer or manufacturer who holds a license, and even though no profit is made.

3. Dealers must keep a record of each sale or distribution of products with this designation to custom or private applicators or dealers in containers of more than one (1) quart on forms available from or approved by the Plant Board. Entries in the record shall be made at the time of sale or distribution and shall include the date of the purchase, the name, address and license or permit number of the purchaser and the name and address of the delivery location. The complete brand name and quantity of the product shall also be recorded. These records shall be kept by the dealer for two years from the date of sale and be made available for inspection by the Plant Board or its representative upon request.

4. The sale or distribution of products with this classification in containers of more than one (1) quart to any firm or person other than a dealer, custom or private applicator holding a current and valid license or permit is prohibited. Dealer must have a copy of the custom applicator's license on file.

5. Non-residents of Arkansas shall designate and maintain a resident agent in this state for service of process.

1. Commercial Aerial Application Firms must have a Firm's Commercial Applicator License issued by the Plant Board to apply pesticides in Arkansas.

2. Commercial Ground Application Firms must have a Firm's Commercial Applicator License issued by the Plant Board.

3. The application vehicle must be covered by a current certificate of inspection as required in Section VIII of these rules.

4. Licensed Commercial Application Firms that do tree injection work only, do not need a Firm's Custom Applicator Permit to apply products with the Class E or F designation. For such firms, a Tree Injector's Permit is required. However, the Firm's Tree Injector Permit must designate at least one of the Firm's Licensed Individual Commercial Applicators that has passed the Tree Injector test administered by the Plant Board as an Operator-in-Charge.

5. A deposit of $250.00 shall be made with the Plant Board by the Custom Application Firm, except that those persons doing tree injector work exclusively will deposit $10.00 per tree injector, up to a maximum of $250.00. Said deposit shall be returned at the expiration of the permit upon request unless the Custom Applicator is found in violation of the Plant Board's rules or suffers cancellation of his/her Custom Applicator's permit. In which case the deposit will be retained by the Plant Board to supplement cost recovery of inspection and administration incidental to such finding.

6. A deposit of funds as described in Section (X)(B)(5) and proof of financial responsibility, as described below is required. Non-residents of Arkansas shall designate and maintain a resident agent in this state for service of process. Custom Application Permits, Custom Application Authorizations, and Tree Injector Permits shall expire December 31^st of each year.

Financial responsibility in the minimum of $100,000 shall be maintained by the Custom Application Firm or Tree Injection Firm during the term of his/her permit, with proof of such financial responsibility submitted to the Plant Board.

Proof of financial responsibility shall consist of one of the following:

7. Application for a permit must be made on forms furnished by the Plant Board accompanied by the following fees:

Should, at any time, a Custom Application Firm be left without an Operator-in-Charge or a pilot with an Individual Commercial Applicator Pilot License with Authorization to apply products with the Class E or F designation, either because of invalidation of the permit or for any other reason, such shall automatically invalidate the custom applicator's firm permit. It shall be a violation of these rules for an individual or firm to act as a Custom Applicator that is not licensed to do so by the Plant Board.

8. The Plant Board or its authorized representative(s) may refuse issuance, after a hearing, of a custom applicator's permit to any applicant when such applicant has been found in violation of these rules four times in a three year period. Such applicant may appeal to the Board. All requests for an appeal must be made in accordance with the Plant Board's policy on appealing a decision.

9. All equipment used for custom application of the products with this designation must have a decal provided by the Plant Board affixed to the device in a location where it can be easily seen by a Plant Board representative and protected from removal or disfigurement by work activity. This decal may only be affixed to equipment that meets the requirements set out in these rules and other applicable rules promulgated by the Plant Board. Use of equipment for custom application that does not have a current decal will be a violation of these rules. Decals are not transferable between equipment. Each decal shall be issued at a cost of $50.00 each. Subsequent to issuance of a decal, the equipment on which the decal is to be attached will be subject to inspection by the Plant Board. Equipment found not meeting the requirements set out by these rules or other applicable rules promulgated by the Plant Board will be issued a Stop Use Order that will be released by the Plant Board once the Plant Board is satisfied that the equipment meets the set up requirements of the applicable rules. The applicator will also be considered in violation of the Plant Board's rules on pesticide application and be subject to the required enforcement action. All decals and permits expire on December 31^st of each year.

Equipment used to apply pesticides with this designation shall not be used for the application of other pesticides that do not carry this designation or the Class F designation unless the following has been done:

10. All firms desiring to do custom application work must have a Custom Application Permit to do so. Said permit must designate an Operator-In-Charge. Eligibility as Operator-in-Charge will be conditioned on the following:

Pilots and Operator's-In-Charge shall be responsible for notifying the Plant Board of the name and location of employment prior to starting work.

11. The Custom Application Firm must maintain records of each application of products with this and the Class F designation. Said records must be retained at the principal Arkansas office of the Custom Application Firm as indicated on the Firm license for a period of three (3) years and be available for inspection by a Plant Board representative. The records shall include at a minimum the following information:

1. Whether designated as “Restricted” by the EPA or not, products in containers of more than one (1) quart with this class designation and the Class F designation may not be purchased by or sold to persons who do not have a current Commercial, Non-Commercial, or Private Applicator's license.

2. All applications of products with this designation by Private Applicators must be in accordance with the applicable application conditions required of the custom applicator.

3. The Private Applicator must maintain records of each application of products with this and the Class F designation. Said records must be retained for a period of three (3) years and be available for inspection by a Plant Board representative. The records shall include at a minimum the following information:

1. The licensing requirements of these rules do not apply to the U. S. Department of Agriculture, the Arkansas Experiment Stations and other State or Federal Agencies, to ornamental and turf weed control, or to company demonstrations with ground equipment, or to sales of fertilizer, soil conditioners or similar products containing registered products with this designation and packaged for home use. Provided that nothing in this section shall be construed as exempting custom applicators from the provisions of these rules when making applications for the agencies listed herein, or exempting any such agency acting as a dealer from the dealer requirements.

2. Products with the Class E or F designation that are not designated as restricted use products by the Environmental Protection Agency may be purchased from an Arkansas pesticide dealer for use outside the state of Arkansas without the dealer having to have a dealer's license or the purchaser having an applicator's license.

3. Commercial Applicators and Private Applicators that can provide proof of current certification and licensing from another State may purchase restricted use pesticides from a restricted use pesticide dealer licensed in Arkansas if the product is to be used outside of Arkansas.