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209.02.4-XIII. Class H

AR ADC 209.02.4-XIIIArkansas Administrative CodeEffective: July 1, 2021

West's Arkansas Administrative Code
Title 209. Department of Agriculture
Division 02. State Plant Board / Plant Industries Division
Rule 4. Arkansas Rules on Pesticide Use
Effective: July 1, 2021
Ark. Admin. Code 209.02.4-XIII
209.02.4-XIII. Class H
Currentness
Products with this designation shall be used in accordance with all other applicable federal and state laws and rules written pursuant thereto, the label registered with the State of Arkansas, the applicable restrictions identified for Class A above and the following additional restrictions. Products assigned to this class include only those products packaged in containers of more than one quart, labeled for agricultural use.
A. Dealer Requirements:
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 commercial, non-commercial, 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 or applicator holding a current and valid license or permit is prohibited. Dealer must have a copy of the applicator's license on file.
5. Non-residents of Arkansas shall designate and maintain a resident agent in this state for service of process.
B. Requirements For Commercial, Non-Commercial, and Private Application of Dicamba Containing Pesticides:
1. From July 1st through October 31st of each year, applications of products labeled for agriculture use that contain dicamba are prohibited except applications made:
a. for turf, ornamental, direct injection for forestry activities and home use are allowed year round;
b. for pasture and rangeland are allowed year round. However, such applications must maintain buffers required in Section 2.
2. From April 16th through June 30th, all applications for in crop agricultural use:
a. Must maintain a one (1) mile buffer, in all directions, from University and USDA research stations.
b. Are prohibited from using tank mixes of products containing the active ingredient Glyphosate mixed with pesticides containing the active ingredient dicamba labeled for in crop use.
c. During application a ¼ mile buffer zone in all directions from non dicamba-tolerant crops must be maintained and ½ mile for all certified organic crops, and commercially grown specialty crops (defined as a minimum of 1,000 plants or the average annual crop sales for the previous three-years exceeding $25,000).
3. From April 16th through October 31st, applications of pesticides labeled for agricultural use that contain the active ingredient dicamba are prohibited for pre-plant (burndown) applications except for:
From April 16th through June 30, pesticides labeled for in crop agricultural use, by ground that contain the active ingredient dicamba and allow for the pre-plant (burndown) applications may be applied. However, such applications must maintain the requirements of buffers required in Section B.2.
4. Training Requirements:
a. Applications of products with this classification to dicamba-tolerant crops shall not be made without Commercial, Non-Commercial, and Private Applicator, first completing dicamba specific training provided by a registrant of a dicamba product for use on dicamba tolerant crops. Upon request proof of training must be provided to the Plant Board.
b. Applications of products with this classification to non-dicamba crops or pasture and rangeland shall not be made without Commercial, Non-Commercial, and Private Applicators first completing New Technology Certification training. New Technology Certification training must be obtained through the Cooperative Extension Service. Upon request proof of training must be provided to the Plant Board.
c. Applicators must provide the proof of training required by paragraph 4 to Pesticide Dealers prior to purchase.
5. Record Keeping Requirements:
Applicators must maintain records of each application of products with this 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:
a. Name and address of the person(s) in control of the crops, plant, etc;
b. Location of the crop, plants, etc. treated. Location description must include county, nearest town, physical address if available, and GPS reading or map coordinates of the primary entrance to the field;
c. Date, start and ending time of the application;
d. Wind speed and direction at the start and ending time of the application and type of instrument used to measure wind speed and direction. The location of instrument at time of reading (preferably “field of application”) must also be recorded;
e. Complete brand name and EPA registration number of the material used;
f. Number of acres and type of crop to which the material was applied;
g. Type of equipment used. If the product was applied by a commercial applicator, record the Firm's Application Equipment number assigned to the equipment used by the Plant Board; and
h. Name of the application vehicle operator.
C. Exemptions:
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.
2. Products with the 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, Non-Commercial, 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.

Credits

Amended Sept. 1, 2016; Jan. 27, 2017; Feb. 1, 2018; July 1, 2018; March 9, 2019; Jan. 2, 2020. Amended emergency effective May 7, 2021. Amended July 1, 2021.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 209.02.4-XIII, AR ADC 209.02.4-XIII
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