(Authority: A.R.S. § 3-3101 et seq.)

Title 3, Chapter 8, Article 2, Sections R3-8-201 through R3-8-208 renumbered to Title 3, Chapter 3, Article 10, Sections R3-3-1001 through R3-3-1008 (Supp. 91-4).

New Article 7 adopted effective July 13, 1989. (Supp. 89-3).

Article 2, consisting of Sections R3-2-201 through R3-8-208, transferred from the Industrial Commission, Title 4, Chapter 13, Article 7, Sections R4-13-701 through R4-13-708, pursuant to Laws 1990, Ch. 374, § 445 (Supp. 91-3).

Laws 1981, Ch. 149, effective January 1, 1982, provided for the transfer of the Office of Fire Marshal from the Industrial Commission to the Department of Emergency and Military Affairs, Division of Emergency Services (Supp. 82-2).

Section

R3-3-1001. Definitions

R3-3-1002. Worker Protection Standards

R3-3-1003. Pesticide Safety Training

R3-3-1004. Notification Requirements for Farm Labor Contractors

R3-3-1005. Container Used for Mixing or Applying Pesticides

R3-3-1006. Agricultural Emergency

R3-3-1007. Violations and Civil Penalties

R3-3-1008. Penalty Adjustments

R3-3-1009. Failure to Abate

R3-3-1010. Calculation of Additional Penalties For Unabated Violations

R3-3-1011. Repeated or Willful Violations

R3-3-1012. Citation; Posting

ARTICLE 11. ARIZONA NATIVE PLANTS

Article 11, consisting of Sections R3-3-1101 through R3-3-1111 and Appendix A, recodified from 3 A.A.C. 4, Article 6 at 10 A.A.R. 726, effective February 6, 2004 (Supp. 04-1).

Section

R3-3-1101. Definitions

R3-3-1102. Protected Native Plant Destruction by a Private Landowner

R3-3-1103. Disposal and Salvage of Protected Native Plants by a State Agency

R3-3-1104. Protected Native Plant Permits; Tags; Seals; Fees

R3-3-1105. Scientific Permits; Noncommercial Salvage Permits

R3-3-1106. Protected Native Plant Survey; Fee

R3-3-1107. Movement Permits; Tags, Seals, and Cord Use

R3-3-1108. Recordkeeping; Salvage Assessed and Harvest Restricted Native Plants

R3-3-1109. Arizona Native Plant Law Education

R3-3-1110. Permit Denial

R3-3-1111. Repealed

Appendix A. Protected Native Plants By Category

ARTICLE 1. GENERAL PROVISIONS

R3-3-101. Definitions

In addition to the definitions in A.R.S. §§ 3-341 and 3-361, the following terms apply to Articles 1 through 5 of this Chapter:

"Acute toxicity" means adverse physiological effects that result from a single dose or single exposure to a chemical; or any poisonous effect produced by a single dose or single exposure to a chemical within a short period of time, usually less than 96 hours.

"Adulterate" means to change a pesticide so that:

Its strength or purity falls below the standard of quality stated on the labeling under which it is sold,

Any substance has been substituted wholly or in part for the pesticide, or

Any constituent of the pesticide has been wholly or in part abstracted.

"Agricultural aircraft pilot" means any individual licensed by the Department who pilots an agricultural aircraft to apply a pesticide.

"Agricultural commodity" means any plant, animal, plant product, or animal product produced for commercial or research purposes.

"Agricultural establishment" means any farm, forest, nursery, or greenhouse.

"Agricultural purpose" means use of a pesticide on an agricultural commodity. It excludes the sale or use of pesticides, in properly labeled packages or containers, for either of the following:

Home use, or

Use in swimming pools or spas.

"Aircraft" means any mechanism used in flight, excluding a remote-controlled mechanism.

"ALJ" means an individual or the Director who sits as an administrative law judge, who conducts administrative hearings in a contested case or an appealable agency action, and who makes decisions regarding the contested case or appealable agency action. A.R.S. § 41-1092(1)

"Animal" means all vertebrate and invertebrate species, including, but not limited to, humans and other mammals, birds, fish and shellfish. A.R.S. § 3-341(3)

"Application site" means the specific location, crop, object, or field to which a pesticide is or is intended to be applied.

"Applicator" means any individual who applies, or causes to have applied, any pesticide on an agricultural establishment.

"Authorized activities" means, for compliance with A.R.S. § 3-365(D), any organized activities scheduled at a school or child care facility that use the school or child care facility or the school or child care grounds and for which the sponsors or organizers of the activity have received the written approval of a responsible administrative official of the school or child care facility.

"Buffer zone" means an area of land that allows pesticide deposition and residues to decline to a level that poses a reasonable certainty of no harm to a defined area.

"Bulk release" means the release of any pesticide or mixture of pesticides that poses a potential risk to property, human health, or the environment in volumes greater than those prescribed by the pesticide label for the application site. A pesticide dripping from a spray nozzle or minor splashing during mixing is not a bulk release.

"Certified applicator" means any individual who is certified by the Department to use or supervise the use of any restricted use pesticide.

"CEU" means continuing education unit.

"Child care facility" means any facility in which child care is regularly provided for compensation for five or more children not related to the proprietor and is licensed as a child care facility by the Arizona Department of Health Services. A.R.S. § 36-881(3). Child care facilities are commonly known as day care centers.

"Commercial applicator" means a certified applicator (whether or not the applicator is a private applicator with respect to some uses) who uses or supervises the use of a restricted use pesticide for any purpose or on any property other than property owned or controlled by:

The applicator;

The applicator's employer; or

Another person, if the application is performed without compensation, other than trading of personal services between producers of agricultural commodities.

"Contamination" means a concentration of pesticide sufficient to violate state or federal water, soil, food, feed, or air contamination standards, except if legally applied.

"Continued pesticide application" means the continuance of an interrupted application of the same pesticide to the same application site within the same section, township, and range within the same reporting period.

"Custom application equipment" means aircraft, remote-controlled equipment, and ground equipment used for pesticide application by a custom applicator.

"Custom applicator" means any person, except a person regulated by the SPCC, who applies pesticides for hire or by aircraft.

"Defoliation" means killing or artificially accelerating the drying of plant tissue with or without causing abscission.

"Device" means any instrument or contrivance that is intended to be used for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life, other than a human being and a bacterium, virus, or other microorganism on or in a living human being or other living animal. Device does not include firearms, mechanical traps, or equipment used for the application of pesticides if the application equipment is sold separately.

"Diluent" means any substance added to a pesticide before application to reduce the concentration of the active ingredient in the mixture.

"Direct release" means to apply a pesticide outside the boundaries of an application site, at the time of application, while the valve controlling the normal flow of pesticide from the application device is in the open position and the application device is not within the confines of the application site. Direct release does not mean the drift or discharge of a pesticide caused by a mechanical malfunction of the application device that is beyond the control of the operator. Direct release does not mean a release caused by accident, or done to avoid an accident that would have resulted in greater harm than that caused by the pesticide release.

"Disposal" means discarding a pesticide or pesticide container that results in the deposit, dumping, burning, or placing of the container or unused pesticide on land or into the air or water.

"Drift" means the physical movement of pesticide through the air at the time of a pesticide application from the application site to any area outside the boundaries of the application site. Drift does not include movement of a pesticide or associated degradation compounds to any area outside the boundaries of an application site if the movement is caused by erosion, run off, migration, volatility, or windblown soil particles that occur after application, unless specifically addressed on the pesticide label with respect to drift control requirements.

"EPA" means the United States Environmental Protection Agency.

"Experimental use permit" means a permit issued by the EPA, or the Department pursuant to A.R.S. § 3-350.01, to a person for the purpose of experimentation, which includes the accumulation of information necessary for the registration of a pesticide.

"Exposure" means the inhalation or ingestion of a pesticide, or eye or skin contact with a pesticide.

"Family member" means spouse, child, sibling, parent, grandparent, grandchild, stepparent, or stepchild.

"FFDCA" means the Federal Food, Drug and Cosmetic Act, as amended.

"FIFRA" means the Federal Insecticide, Fungicide and Rodenticide Act, as amended, 7 U.S.C. § 136 et seq.

"Fumigant" means a substance or mixture of substances that produces gas vapor or smoke intended to control a pest in stored agricultural commodities or to control burrowing rodents.

"Health care institution" means any institution that provides medical services, nursing services, health screening services, and other health-related services, and is licensed by the Arizona Department of Health Services.

"Highly toxic pesticide" means a pesticide with an acute oral LD ₅₀ of 50 milligrams per kilogram of body weight or less, dermal LD ₅₀ of 200 milligrams per kilogram of body weight or less, or inhalation LD ₅₀ of 0.2 milligrams per liter of air or less, and the label bears the signal words "danger" and "poison" and shows a skull and crossbones.

"Individual" means a human being.

"Insect" means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class insecta, comprising six-legged, usually winged forms, as for example, beetles, bugs, bees, and flies, and to other allied classes of arthropods whose members are wingless and usually have more than six legs, as for example, spiders, mites, ticks, centipedes and wood lice. A.R.S. § 3-341(14)

"Integrated Pest Management" or "IPM" means a sustainable approach to managing pests that uses any combination of biological, chemical, cultural, genetic, manual, or mechanical tools or techniques in a way that minimizes health, environmental, and economic risks.

"Label" means the written, printed or graphic matter on, or attached to, the pesticide or device, or the immediate container thereof, and the outside container or wrapper of the retail package, if there is any, of the pesticide or device. A.R.S. § 3-341(15)

"Labeling" means all labels and other written, printed or graphic matter:

(a) Upon the pesticide or device or any of its containers or wrappers.

(b) Accompanying the pesticide or device at any time.

(c) To which reference is made on the label or in literature accompanying the pesticide or device, except when accurate, non-misleading reference is made to current official publications of the United States departments of agriculture or interior, the United States public health service, state experiment stations, state agricultural colleges or other similar federal institutions or official agencies of the state or other states authorized by law to conduct research in the field of pesticides. A.R.S. § 3-341(16).

"LD ₅₀ " means a single dose of pesticide that will kill at least 50 percent of laboratory test animals as determined by an EPA- approved procedure.

"Livestock" means clovenhoofed animals, horses, mules, or asses.

"PCA" or "agricultural pest control advisor" means any individual licensed by the Department who, as a requirement of, or incidental to, the individual's employment or occupation:

Offers a written recommendation to a regulated grower or to any public or private agency concerning the control of any agricultural pest,

Claims to be an authority or general advisor on any agricultural pest or pest condition, or

Claims to be an authority or general advisor to a regulated grower on any agricultural pest.

"Person" means any individual, partnership, association, corporation or organized group of persons whether incorporated or not. A.R.S. § 3-341(19)

"Pest" means:

a. Any weed, insect, vertebrate pest, nematode, fungus, virus, bacteria or other pathogenic organisms.

b. Any other form of terrestrial or aquatic plant or animal life, except virus, bacteria or other microorganism on or in living humans or other living animals, which the director declares to be a pest for the purpose of enforcement of this Article. A.R.S. § 3-341(20)

"Pesticide" means any substance or mixture of substances intended to be used for defoliating plants or for preventing, destroying, repelling or mitigating insects, fungi, bacteria, weeds, rodents, predatory animals or any form of plant or animal life which is, or which the director may declare to be, a pest which may infest or be detrimental to vegetation, humans, animals or households or which may be present in any environment. A.R.S. § 3-361(6)

"Pesticide container" means any container with an interior surface that is in direct contact with a pesticide.

"Pesticide use" means the sale, processing, storing, transporting, handling or applying of a pesticide and disposal of pesticide containers. A.R.S. § 3-361(7)

"Private applicator" means a certified applicator who uses or supervises the use of a restricted use pesticide for producing an agricultural commodity on property owned or controlled by:

The applicator;

The applicator's employer; or

Another person, if the pesticide is applied without compensation, other than trading of personal services between producers of agricultural commodities.

"Property boundary" means the legal boundary of the land on which a child care facility, health care institution, residence, or school sits, unless another boundary is established by a written agreement with the owner of the child care facility, health care institution, residence, or school. Under a written agreement, the parties shall not establish a boundary that is less than ten feet from the child care facility, health care institution, residence, or school.

"Ready-to-use" means a registered pesticide, in the manufacturer's original container, that does not require dilution by the end user.

"Regulated grower" means a person who acquires or purchases pesticides or contracts for the application of pesticides to agricultural commodities or onto an agricultural establishment, as a part of the person's normal course of employment or activity as an owner, lessee, sublessee, sharecropper, or manager of the land to which the pesticide is applied.

"Reporting period" means no later than the Thursday following the calendar week in which an application is completed.

"Residence" means a dwelling place where one or more individuals are living.

"Responsible individual" means an individual at a seller's location who has passed the core examination prescribed in R3-3-202 and is designated by the seller under R3-3-203.

"Restricted use pesticide" means a pesticide classified as such by the EPA. A.R.S. § 3-361(8).

"School" means a public institution established for the purposes of offering instruction to pupils in programs for preschool children with disabilities, kindergarten programs or any combination of grades one through twelve. A.R.S. § 15-101(19). School includes a private institution with membership in the North Central Association of Colleges and Schools serving students in kindergarten programs or any combination of grades one through twelve.

"Seller" means any person selling or offering for sale a restricted use pesticide or other type of pesticide intended to be used for an agricultural purpose.

"Service container" means a container used to temporarily hold, store, or transport a pesticide concentrate or a registered, ready-to-use pesticide other than the original labeled container, measuring device, or application device.

"Small scale test" means a test using a pesticide on land or water acreage as described at 40 CFR 172.3(c)(1) or (2).

"SPCC" means the Arizona Structural Pest Control Commission.

"Spot application" means a treatment in an area other than a greenhouse or nursery operation that is restricted to an area of a field that is less than the entire field.

"Tag" means a custom application equipment license issued by the Department to a custom applicator licensee.

"Triple rinse" means to flush out a container at least three times, each time using a volume of water, or other diluent as specified on the label, equal to a minimum of 10 percent of the container's capacity or a procedure allowed by the label that produces equivalent or better results.

"Unreasonable adverse effect" means any unreasonable risk to a human being or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide, or a human dietary risk from residues that result from a use of a pesticide in or on any food as documented by the Department through its investigation.

"Weed" means any plant which grows where not wanted. A.R.S. § 3-341(24)

Historical Note

Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-101 (Supp. 91-4). Amended by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1).

R3-3-102. Licensing Time-frames

A. Overall time-frame. The Department shall issue or deny a license within the overall time-frames listed in Table 1 after receipt of the complete application. The overall time-frame is the total of the number of days provided for the administrative completeness review and the substantive review.

B. Administrative completeness review.

1. The administrative completeness review time-frame established in Table 1 begins on the date the Department receives the application. The Department shall notify the applicant in writing within the administrative completeness review time-frame whether the application or request is incomplete. The notice shall specify what information is missing. If the Department does not provide notice to the applicant within the administrative completeness review time-frame, the Department considers the application complete.

2. An applicant with an incomplete license application shall supply the missing information within the completion request period established in Table 1. The administrative completeness review time-frame is suspended from the date the Department mails the notice of missing information to the applicant until the date the Department receives the information.

3. If the applicant fails to submit the missing information before the expiration of the completion request period, the Department shall close the file, unless the applicant requests an extension. An applicant whose file has been closed may obtain a license by submitting a new application.

C. Substantive review. The substantive review time-frame established in Table 1 shall begin after the application is administratively complete.

1. If the Department makes a comprehensive written request for additional information, the applicant shall submit the additional information identified by the request within the additional information period provided in Table 1. The substantive review time-frame is suspended from the date of the Department request until the information is received by the Department. If the applicant fails to provide the information identified in the written request within the additional information period, the Department shall deny the license.

2. The Department shall issue a written notice granting or denying a license within the substantive review time-frame. If the application is denied, the Department shall send the applicant written notice explaining the reason for the denial with citations to supporting statutes or rules, the applicant's right to seek a fair hearing, and the time period in which the applicant may appeal the denial.

Historical Note

Adopted effective October 8, 1998 (Supp. 98-4).

Table 1. Time-frames (Calendar Days)

License	Authority	Administrative Completeness Review	Response to Completion Request	Substantive Completeness Review	Response to Additional Information	Overall Time-frame
Regulated Grower Permit	A.R.S. § 3-363	14	14	56	14	70
Seller Permit	A.R.S. § 3-363	14	14	56	14	70
Agricultural Aircraft Pilot License	A.R.S. § 3-363	14	14	56	14	70
Custom Applicator License	A.R.S. § 3-363	14	14	63	14	77
Application Equipment Tag	A.R.S. § 3-363	14	14	56	14	70
Agricultural Pest Control Advisor (PCA) License	A.R.S. § 3-363	14	14	63	14	77
Commercial Applicator Certification	A.R.S. § 3-363	14	14	63	14	77
Private Applicator Certification	A.R.S. § 3-363	14	14	63	14	77
Private Fumigation Certification	A.R.S. § 3-363	14	14	63	14	77
Experimental Use Permit	A.R.S. § 3-350.01	14	14	28	14	42
Pesticide Registration	A.R.S. § 3-351	14	14	91	14	105
License to Manufacture or Distribute Commercial Feed	A.R.S. § 3-2609	14	14	42	14	56
Commercial Fertilizer License Specialty Fertilizer Registration	A.R.S. § 3-272	14 14	14 14	42 56	14 14	56 70
Agricultural Safety Trainer Certification	A.R.S. § 3-3125	28	14	28	14	56
ARIZONA NATIVE PLANTS
Notice of Intent Confirmation Notice of Intent	A.R.S. § 3-904	14	14	14	14	28
· Salvage Assessed Native Plant Permits · Salvage Restricted Native Plant Permits · Scientific Permits	A.R.S. § 3-906	14 14 14	14 14 14	14 14 14	14 14 14	28 28 28
Movement Permits	A.R.S. § 3-906	14	14	14	14	28
Annual Permits for Harvest-Restricted Native Plants	A.R.S. § 3-907	14	14	14	14	28

Historical Note

Adopted effective November 20, 1987 (Supp. 87-4). Amended by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1).

R3-3-202. Core Examination

A. In addition to other requirements prescribed by this Article, an individual seeking any of the following shall obtain a score of at least 75 percent on a written core examination administered by the Department:

1. Designation as a responsible individual;

2. An initial license as:

a. An agricultural aircraft pilot;

b. A custom applicator;

c. An agricultural pest control advisor; or

3. An initial certification as:

a. A private applicator; or

b. A commercial applicator.

B. The Department shall administer examinations by appointment at every Environmental Services Division office. The Department shall ensure that the examination tests the knowledge and understanding of the following subjects that are described in more detail at Appendix A, subsections (A) and (C):

1. Pesticide use, safety, and toxicity;

2. Pesticide labels and labeling;

3. Pesticide terminology;

4. Common causes of accidents;

5. Necessity for protective equipment;

6. Poisoning symptoms;

7. Practical first aid; and

8. Statutes and rules relating to the sale, application, and use of pesticides.

C. An individual who fails the examination may retake the examination no more than three times in a 12-month period and shall not retake an examination until at least seven days have elapsed from the date of the last examination.

Historical Note

Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-201 (Supp. 91-4). Former Section R3-3-202 renumbered to R3-3-203; new R3-3-202 made by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1).

R3-3-203. Seller Permit; Fee; Responsible Individual

A. A person shall not act as a seller without a valid seller permit, issued by the Department.

B. A seller shall obtain a seller permit for each physical location where the seller sells or offers for sale any restricted use pesticide or pesticide for an agricultural purpose within the state.

C. A person applying for a seller permit, initial or renewal, shall provide the following information on a form obtained from the Department:

1. Name and signature of the responsible individual, and license number, if applicable;

2. Date of the permit application;

3. Name, physical address, mailing address, e-mail address, if applicable, and daytime telephone number of the location selling a restricted use pesticide or a pesticide for an agricultural purpose;

4. Permit renewal period;

5. Name, e-mail address, and daytime telephone number of the Arizona contact for each out-of-state seller, if applicable;

6. Address where records required to be maintained under R3-3-401 will be kept;

7. Whether the applicant has had a similar license, permit, or certification revoked, suspended, or denied in this or any other jurisdiction during the three years before the date of application; and

8. If applicable, the number of the license or certificate of the responsible individual, and current seller permit number.

D. The applicant shall submit the completed application to the Department accompanied by a $100 fee for each year or portion of the year during which the permit is valid.

E. A seller permit is not transferable, expires on December 31, and is valid for one or two years, depending on the permit renewal period selected by the applicant. The Department shall not renew a seller permit unless the seller is in compliance with the provisions established in subsection (F), if applicable.

F. A seller shall designate a different responsible individual for each physical location in this state that sells or offers for sale any restricted use pesticide.

1. If a responsible individual terminates employment at an assigned location, the seller shall designate another responsible individual within 30 calendar days and notify the Department of the replacement.

2. For a responsible individual who is not a commercial applicator or a PCA:

a. The core examination expires December 31, unless the initial examination is passed in the last quarter of a calendar year, in which case the expiration is December 31 of the following year; and

b. The responsible individual shall retake and pass the core examination every year, unless the responsible individual completes three CEUs annually before the renewal date.

Historical Note

Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-203 (Supp. 91-4). Former Section R3-3-203 renumbered to R3-3-204; new R3-3-203 renumbered from R3-3-202 and amended by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1).

R3-3-204. Agricultural Aircraft Pilot License; Examination; Fee; Renewal

A. An individual shall not act as an agricultural aircraft pilot without:

1. A valid agricultural aircraft pilot license issued under this Section, and

2. A valid commercial applicator certification issued under R3-3-208.

B. The Department shall not issue or renew an agricultural aircraft pilot license, and an existing agricultural aircraft pilot license is invalid unless the applicant or license holder has a valid commercial pilot's certificate issued by the Federal Aviation Administration and a valid commercial applicator certification.

C. An individual applying for an agricultural aircraft pilot license, initial or renewal, shall provide the following information on a form obtained from the Department:

1. Name, social security number, and signature of the applicant;

2. Date of application;

3. Address, e-mail address, if applicable, and daytime telephone number of the applicant;

4. License renewal period;

5. Name, physical address, mailing address, e-mail address, if applicable, and daytime telephone number of the applicant's employer, if applicable;

6. Copy of the applicant's commercial pilot certificate issued by the Federal Aviation Administration, if not previously filed with the Department;

7. Applicant's commercial applicator certification number; and

8. Whether the applicant has had a similar certification or license revoked, suspended, or denied in this or any other jurisdiction during the three years before the date of application and the nature of the violation.

D. The applicant shall submit the completed application to the Department, accompanied by a $50 fee for each year or portion of the year during which the license is valid.

E. An agricultural aircraft pilot license is not transferable, expires on December 31, and is valid for one or two years depending on the renewal period selected by the applicant.

F. Examinations.

1. The Department shall administer examinations by appointment at every Environmental Services Division office. In addition to the core examination required in R3-3-202, an applicant shall demonstrate knowledge and understanding of the following by scoring at least 75 percent on the written examination administered by the Department:

a. Safe flight and application procedures, including steps to be taken before starting a pesticide application, such as survey of the area to be treated, and considering the possible hazards to public health;

b. Calibration of aerial application equipment; and

c. Operation and application in the vicinity of schools, child care facilities, health care institutions, and residences.

2. An individual who fails the examination may retake it no more than three times in a 12-month period and shall not retake an examination until at least seven days have elapsed from the date of the last examination.

G. Renewal; expired license.

1. An applicant may renew an expired license without retaking the written examinations in subsection (F) under the following conditions:

a. The applicant submits the completed application and fee within 30 days after the expiration date, and

b. The applicant does not provide any pesticide-related service after the date the license expired until the date the renewal is effective.

2. All other applicants for renewal shall retake the written examinations prescribed in subsection (F).

Historical Note

Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-204 (Supp. 91-4). Former Section R3-3-204 renumbered to R3-3-205; new R3-3-204 renumbered from R3-3-203 and amended by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1).

R3-3-205. Custom Applicator License; Examination; Fee; Renewal

A. A person shall not act as a custom applicator without a valid custom applicator license issued by the Department.

B. A person applying for a custom applicator license, initial or renewal, shall provide the following information on a form obtained from the Department:

1. Name and signature of the applicant;

2. Date of the license application;

3. Name, physical address, mailing address, e-mail address, if applicable, and daytime telephone number of the business under subsection (C);

4. Tax identification number of the business;

5. License renewal period;

6. Whether the application is for ground or air custom application, or both;

7. Names and current certification numbers of the commercial applicators employed by the business, as prescribed in subsection (C)(1);

8. Evidence of insurance coverage, showing the name of the insurance carrier, policy number, policy term, policy limits, and any applicable exclusions; and

9. Whether the applicant has had a similar license revoked, suspended, or denied in this or any other jurisdiction during the last three years, and the nature of the violation.

C. The Department shall not issue or renew a custom applicator license and an existing custom applicator license is invalid unless the applicant or license holder:

1. Is a commercial applicator or employs at least one individual who is certified as a commercial applicator under R3-3-208;

2. Maintains or the business that employs the applicator or license holder maintains public liability, drift, and property damage insurance coverage with an aggregate amount of at least $300,000 during the licensing period. The applicant or license holder shall provide evidence of insurance coverage to the Department upon initial application, for each renewal, or upon request of the Department; and

3. Files with the Department a copy of the commercial applicator's valid Federal Aviation Administration commercial agricultural aircraft operator's certificate, if using aircraft. If not already on file with the Department, an applicant or license holder shall submit a copy of the certificate with the completed application form.

D. A custom applicator license holder may:

1. Temporarily relinquish a custom applicator license if the custom applicator:

a. Advises the Department of termination of the insurance prescribed in subsection (C)(2), and the effective date of termination; and

b. Ceases to act as a custom applicator on the termination date.

2. Reinstate the custom applicator license within the same licensing time period, without again paying the fee as prescribed in subsection (E), if the custom applicator:

a. Purchases insurance as prescribed in subsection (C)(2), and

b. Notifies the Department of the effective date of the insurance.

E. The applicant shall submit the completed application to the Department, accompanied by a $100 fee for each year, or portion of the year during which the license is valid.

F. A custom applicator license is not transferable, expires on December 31, and is valid for one or two years, depending on the renewal period selected by the applicant.

G. Examinations.

1. The Department shall administer examinations by appointment at every Environmental Services Division office. In addition to the core examination required in R3-3-202, an applicant shall demonstrate knowledge and understanding of the following by scoring at least 75 percent on the written examination administered by the Department:

a. Calibration of application equipment;

b. Aerial application procedures, if applicable; and

c. Ground application procedures, if applicable.

2. An individual who fails the examination may retake it no more than three times in a 12-month period and shall not retake an examination until at least seven days have elapsed from the date of the last examination.

H. Renewal; expired license.

1. An applicant may renew an expired license without retaking the written examinations in subsection (G) under the following conditions:

a. The applicant submits the completed application and fee within 30 days after the expiration date, and

b. The applicant does not provide any pesticide-related service after the date the license expired until the date the renewal is effective.

2. All other applicants for renewal shall retake the written examinations prescribed in subsection (G).

Historical Note

Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-205 (Supp. 91-4). Former Section R3-3-205 renumbered to R3-3-206; new R3-3-205 renumbered from R3-3-204 and amended by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1).

R3-3-206. Tag; Fee

A. A custom applicator shall not use custom application equipment unless the equipment has a valid tag. The custom applicator licensee shall place and maintain a valid tag so that it is prominently displayed on the pesticide application equipment.

B. A person applying for a tag shall provide the following information on a form obtained from the Department:

1. Name and signature of the applicant;

2. Date of the application;

3. Address, e-mail address, if applicable, and daytime telephone number of the applicant;

4. Name, physical address, mailing address, e-mail address, if applicable, and daytime telephone number of the business, if applicable; and

5. Manufacturer, make, model and serial number, and if an aircraft, the aircraft registration number ("N" number) of the application equipment.

C. The Department shall not issue or renew a tag and an existing tag is invalid if the custom applicator license is invalid.

D. An applicant shall submit the completed application to the Department, accompanied by a $25 fee for each piece of equipment, for each year or portion of the year during which the tag is valid.

E. A tag expires on December 31, and is valid for the same time period as the custom applicator license.

F. A custom applicator licensee shall not transfer a tag except as follows:

1. If a licensed piece of equipment is destroyed, rendered unusable, or transferred out of the state, the custom applicator licensee may transfer the tag to another piece of equipment.

2. If a licensed piece of equipment is leased, sold, or traded, the custom applicator licensee shall transfer the tag with the equipment to the lessee or new owner.

3. Before transferring a tag, the custom applicator licensee shall notify the Department that the tag is being transferred and identify the person to whom the tag is being transferred or identify the piece of equipment to which the tag is being transferred, or the tag is invalid.

Historical Note

Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-206 (Supp. 91-4). Former Section R3-3-206 renumbered to R3-3-207; new R3-3-206 renumbered from R3-3-205 and amended by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1).

R3-3-207. Agricultural Pest Control Advisor License; Examination; Fee; Renewal; Exemption

A. An individual shall not act as a PCA without a valid PCA license, issued by the Department. To advise in any of the categories listed in subsection (I), a PCA shall pass the specific examination associated with the category.

B. An individual applying for a PCA license shall provide the following information on a form obtained from the Department:

1. Name, social security number, and signature of the applicant;

2. Date of the application;

3. Address, e-mail address, if applicable, and daytime telephone number of the applicant;

4. License renewal period;

5. Name, physical address, mailing address, e-mail address, if applicable, and daytime telephone number of the applicant's employer, if applicable;

6. List, by category, the examinations that the applicant has passed; and

7. Whether the applicant has had a similar license revoked, suspended, or denied in this or any other jurisdiction during the last three years, and the nature of the violation resulting in the revocation, suspension, or denial.

C. Effective January 1, 2005, a person applying for a PCA license, except a person who holds or has held a PCA license in this state within the previous five years shall possess:

1. A bachelor's degree (B.A. or B.S.) in the agricultural sciences, biological sciences, or pest management; or

2. Forty-five semester units (67.5 quarter units) of college-level curricula as shown in the chart in subsection (D) and 24 months of technical experience.

D. The college-level curricula specified in subsections (C)(1) and (2) shall include at least 45 semester units (67.5 quarter units) as shown in the following table:

Area of Study	Semester Units	Quarter Units
Physical and biological sciences, such as introduction to inorganic chemistry, organic chemistry, biochemistry, plant biology or botany, ecology, soils, irrigation, genetics, plant physiology, entomology, and zoology.	15	22.5
Crop health, such as vegetative management or weeds, plant pathology, entomology, plant nutrition or fertility, nematology, and vertebrate management.	12	18
Pest management systems and methods, with at least one course in pest management systems and one course in pest management methods. Pest management systems subjects include agricultural chemical applications, properties of pesticides, mode of action of agricultural chemicals, toxicology, environmental impact of pesticides, and biological control.	9	13.5
Production systems, such as environmental horticulture, horticulture, ornamental horticulture, forestry, agronomy, crop science, vegetable crops, animal science, or other production systems.	9	13.5
Total Units Required	45	67.5

 

E. An applicant shall submit to the Associate Director an official transcript verifying the courses completed and the degrees granted to the applicant. In addition, an applicant qualifying under subsection (C)(2) shall submit employment records, a statement from an employer, or other similar proof of technical experience to the Associate Director.

F. The applicant shall submit the completed application to the Department, a accompanied by a $50 fee.

G. A PCA license is not transferable, expires on December 31, and is:

1. Issued for up to one year as an initial license;

2. Renewed every one or two years, depending on the renewal period selected by the applicant; and

3. Renewed for all categories of license under subsection (I) for the same renewal period.

H. Renewal.

1. The continuing education requirement in subsection (H)(5) is not applicable to an individual who passes the examination prescribed in subsection (I) and who applies for a PCA license between October 1 and December 31 of the test year.

2. Upon renewal, a PCA license is valid for one or two years, depending on the renewal period selected by the applicant, provided the applicant meets the criteria prescribed under this subsection.

3. An applicant shall submit the completed application, accompanied by a $50 fee for each licensing year or portion of the year during which the license is valid.

4. Renewal; expired license.

a. An applicant may renew an expired license without retaking the written examinations under subsection (I) under the following conditions:

i. The applicant complies with CEU requirements in subsection (H)(5),

ii. The applicant submits a completed application and fee within 30 days after the expiration date, and

iii. The applicant does not provide any pest control-related service from the date the license expired until the date the renewal is effective.

b. All other applicants for renewal shall retake the applicable written examinations prescribed in subsection (I).

5. The Department shall not renew a PCA license unless, before the expiration of the current license, the advisor completes 15 CEUs for each year of the renewal period or passes any applicable examination prescribed in subsection (I). An advisor shall complete CEU credit from January 1 through December 31. CEUs earned in a year that are in excess of the requirements do not carry forward for use in future years.

6. To obtain credit, the applicant shall provide the Department with documentation of completion of the CEU course.

I. Examinations.

1. The Department shall administer examinations by appointment at every Environmental Services Division office. In addition to the core examination required in R3-3-202, an applicant shall demonstrate knowledge and understanding of integrated pest management in any of the following categories by scoring at least 75 percent on a written examination:

a. Weed control,

b. Insect and mite control,

c. Nematode control,

d. Plant pathogen control,

e. Vertebrate pest control,

f. Plant growth regulators, or

g. Defoliation.

2. An individual who fails the examination may retake it no more than three times in a 12-month period and shall not retake an examination until at least seven days have elapsed from the date of the last examination.

J. Exemption. An individual operating in an official capacity for a college or university, providing recommendations in a not-for-profit capacity, or who merely furnishes information concerning general and labeling usage of a registered pesticide is not considered an authority or general advisor for the purposes of this Chapter.

Historical Note

Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-207 (Supp. 91-4). Former Section R3-3-207 repealed; new R3-3-207 renumbered from R3-3-206 and amended by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1).

R3-3-208. Applicator Certification; Examination; Fee; Renewal

A. An individual shall not act as a private applicator or commercial applicator unless the individual is certified by the Department.

B. An individual applying for either commercial or private applicator certification shall provide the following information on a form obtained from the Department:

1. Name, social security number, and signature of the applicant;

2. Date of the application;

3. Address, e-mail address, if applicable, and daytime telephone number of the applicant;

4. Name, physical address, mailing address, e-mail address, if applicable, and daytime telephone number of the applicant's employer, if applicable;

5. Whether the application is for a commercial or private applicator certification;

6. For commercial certification, the categories in which the applicant seeks to be certified;

7. Whether the applicant has had a similar certification revoked, suspended, or denied in this or any other jurisdiction during the last three years, and the nature of the violation; and

8. Certification renewal period.

C. Private applicator fumigation certification.

1. An individual seeking fumigation certification must first be certified as a private applicator or a commercial applicator.

2. Fumigation certification allows a private applicator or a commercial applicator acting as a private applicator to use, apply, or supervise the use or application of a fumigant to an on-farm raw agricultural commodity or on-farm burrowing rodent problem.

3. An applicant shall score at least 75 percent on a written fumigation examination administered by the Department;

4. If the fumigation certification is renewed with the private applicator certification or the commercial applicator certification, the private applicator or commercial applicator shall:

a. Retake and pass the written fumigation examination; or

b. Submit evidence of completing the number of CEUs required under subsection (H)(4)(a); and

c. Submit evidence of completing at least three additional CEUs per year, at least one of which shall be related to the use of fumigants to a raw agricultural commodity or on-farm burrowing rodent problem.

D. An applicant shall submit a completed application to the Department accompanied by a $50 fee.

E. Applicator certification is not transferable, expires on December 31, and is:

1. Issued for one year as an initial certification;

2. Renewed for one or two years, depending on the renewal period selected by the applicant; and

3. Renewed for all categories of certification for the same renewal period.

F. Examinations. The Department shall administer examinations by appointment at every Environmental Services Division office. An applicant shall achieve a passing score of 75 percent in the applicable subject area.

1. Commercial applicator certification. In addition to the core examination required for an initial commercial applicator certification in R3-3-202, an applicant shall demonstrate knowledge and understanding of the subjects listed in Appendix A, subsection (A).

2. Commercial certification categories.

a. An individual may apply for commercial applicator certification in any of the following categories:

i. Agricultural pest control,

ii. Forest pest control,

iii. Seed-treatment,

iv. Aquatic pest control,

v. Right-of-way pest control,

vi. Public health pest control,

vii. Regulatory pest control, or

viii. Demonstration and research pest control.

b. An applicant shall demonstrate practical knowledge of the certification category subjects listed for the category in Appendix A, subsection (B).

3. Private applicator certification. An applicant shall demonstrate knowledge and understanding of the subjects listed in Appendix A, subsection (C).

4. An individual who fails an examination may retake it no more than three times in a 12-month period, and shall not retake an examination until at least seven days have elapsed from the date of the last examination.

G. Renewal; expired license.

1. An applicant may renew an expired license without retaking the written examinations under the following conditions:

a. The applicant complies with the CEU requirements in subsection (H)(4),

b. The applicant submits a completed application and fee within 30 days after the expiration date, and

c. The applicant does not provide any pesticide-related service from the date the license expired until the date the renewal is effective.

2. All other applicants for renewal shall retake the written examinations prescribed in subsections (F) or (C) and (F).

H. Renewal.

1. The continuing education requirements in subsection (H)(4) are not applicable to an individual who passes the certification examination prescribed in subsections (C) or (F) or (C) and (F), and who applies for private applicator certification between October 1 and December 31 of the test year.

2. An applicant for renewal of an applicator certification shall select a one or two-year renewal period.

3. An applicant shall submit the completed application accompanied by a $50 fee for each year or portion of the year during which the certification is valid.

4. CEU requirements.

a. The Department shall not renew a private applicator certification unless, prior to the expiration of the current certification, the applicator completes three CEUs for each year for which certification is sought or retakes and passes the written examinations prescribed in subsection (F)(3) or subsections (C) and(F)(3).

b. The Department shall not renew a commercial applicator certification unless, before expiration of the current certification, the applicator completes six CEUs for each year of the renewal period or retakes and passes the written examinations prescribed in subsections (F)(1) and (2).

c. An applicator shall complete CEU credit from January 1 through December 31. CEU credits earned in a year that are in excess of the requirements do not carry forward for use in future years.

d. To obtain credit, the applicant shall provide the Department with documentation of completion of the CEU course.

Historical Note

Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-208 (Supp. 91-4). Amended by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1).

R3-3-209. License and Fee Exemptions

A. A person who applies pesticides in buildings or for structural pest control purposes is not required to apply for or possess any license or certification from the Department.

B. A person who sells, offers for sale, delivers, or offers for delivery a general use pesticide, to be used for private, noncommercial use in or around the home or a person who sells general use pesticides for swimming pool or spa maintenance is not required to apply for or possess a seller's permit from the Department.

C. A state, federal, or other governmental employee who makes pest control recommendations or applies or supervises the use of restricted use pesticides while engaged in the performance of official duties shall meet the requirements of this Article, but is not required to pay a fee for either a PCA license or a commercial applicator certification.

D. A person who only furnishes information concerning label requirements governing a registered pesticide is not required to apply for or possess a PCA license from the Department.

Historical Note

Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-209 (Supp. 91-4). Amended by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1).

R3-3-210. Additional Grounds for Revocation, Suspension, or Denial of a License, Permit, or Certification

A. The Director has the authority to deny, or after an administrative hearing, suspend or revoke a license, permit, or certification of any person who:

1. Fails to demonstrate sufficient reliability, expertise, integrity, and competence in engaging in pesticide use;

2. Submits an inaccurate application for a license, permit, or certification; or

3. Has had a similar license, permit, or certification revoked, suspended, or denied in this or any other jurisdiction during the three years before the date of application.

B. Upon notice of a denial, the applicant may request, in writing, that the Director provide an administrative hearing under A.R.S. Title 41, Chapter 6, Article 10 to appeal the denial of the license, permit, or certification.

Historical Note

Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-210 (Supp. 91-4). Former Section R3-3-210 repealed; new R3-3-210 renumbered from R3-3-211 and amended by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1).

R3-3-211. CEU Course Approval; Subject Approval

A. CEU course approval.

1. A person who wishes to have the Department determine whether a course qualifies for CEU credit shall submit the following information to the Department:

a. Name, address, e-mail address, if applicable, and telephone number of the course's sponsor;

b. Signature of the sponsor or the sponsor's representative;

c. Course outline, listing the subjects and indicating the amount of time allocated for each subject;

d. Brief description of the information covered within each subject;

e. Brief biography of the presenter, demonstrating the presenter's qualifications;

f. Fees charged for attending the course;

g. Date and location of each session; and

h. Whether the course is open to the public.

2. A person who requires prior notification of the number of CEUs that can be earned by completing an approved course before it is held shall submit the information required in subsection (A)(1) to the Department at least 14 business days before the course is held.

3. The Department may modify the number of CEUs earned for a CEU course if the CEU course varies significantly in content or length from the approved curriculum. If the Department modifies the number of CEUs earned, the Department shall send a letter of modification to the course organizer, who shall be requested to inform all individuals who attended the course.

B. Subject approval. The Department shall grant one hour of CEU credit for every 50 minutes of actual instruction in an approved program relating to agricultural pest control or any of the following subjects:

1. Those listed in R3-3-208(F)(1),

2. IPM, or

3. Any other pesticide or pesticide use subject approved by the Associate Director.

Historical Note

Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-211 (Supp. 91-4). Former Section R3-3-211 renumbered to R3-3-210; new R3-3-211 renumbered from R3-3-212 and amended by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1).

R3-3-212. Experimental Use Permit

A. Small scale pesticide testing. For a person exempted by Section 5 of FIFRA or 40 CFR 172.3 from the requirement of a federal experimental use permit the following apply:

1. The person shall, in addition to meeting the requirements in R3-3-303, provide to the Associate Director a statement of purpose and an affidavit verifying that the pesticide will be applied to an application site that does not exceed the total area described in 40 CFR 172.3(c); and

2. If testing on the grounds of a college or university agricultural center or campus, or company-owned research facility, the testing is exempt from subsection (A)(1) and the reporting requirements in R3-3-303.

B. A person engaged in a small scale test, except a person exempt under subsection (A)(2), shall comply with the requirements prescribed in R3-3-302, if applicable.

Historical Note

Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-212 (Supp. 91-4). Former Section R3-3-212 renumbered to R3-3-211; new R3-3-212 made by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1).

APPENDIX A
TESTING CATEGORIES

A. Commercial Applicator Certification, 40 CFR 171.4(b)(i)-(viii).

1. Label & labeling comprehension.

a. The general format and terminology of pesticide labels and labeling;

b. The understanding of instructions, warnings, terms, symbols, and other information commonly appearing on pesticide labels;

c. Classification of the product, general or restricted; and

d. Necessity for use consistent with the label.

2. Safety. Factors including:

a. Pesticide toxicity and hazard to man and common exposure routes;

b. Common types and causes of pesticide accidents;

c. Precautions necessary to guard against injury to applicators and other individuals in or near treated areas;

d. Need for and use of protective clothing and equipment;

e. Symptoms of pesticide poisoning;

f. First aid and other procedures to be followed in case of a pesticide accident; and

g. Proper identification, storage, transport, handling, mixing procedures and disposal methods for pesticides and used pesticide containers, including precautions to be taken to prevent children from having access to pesticides and pesticide containers.

3. Environment. The potential environmental consequences of the use and misuse of pesticides as may be influenced by such factors as:

a. Weather and other climatic conditions;

b. Types of terrain, soil or other substrate;

c. Presence of fish, wildlife and other non-target organisms; and

d. Drainage patterns.

4. Pests. Factors such as:

a. Common features of pest organisms and characteristics of damage needed for pest recognition;

b. Recognition of relevant pests; and

c. Pest development and biology as it may be relevant to problem identification and control.

5. Pesticides. Factors such as:

a. Types of pesticides;

b. Types of formulations;

c. Compatibility, synergism, persistence and animal and plant toxicity of the formulations;

d. Hazards and residues associated with use;

e. Factors which influence effectiveness or lead to such problems as resistance to pesticides; and

f. Dilution procedures.

6. Equipment. Factors including:

a. Types of equipment and advantages and limitations of each type; and

b. Uses, maintenance and calibration.

7. Application techniques. Factors including:

a. Methods of procedure used to apply various formulations of pesticides, solutions, and gases, together with a knowledge of which technique of application to use in a given situation;

b. Relationship of discharge and placement of pesticides to proper use, unnecessary use, and misuse; and

c. Prevention of drift and pesticide loss into the environment.

8. Laws and regulations. Applicable State and Federal laws and regulations.

B. Commercial Certification Categories, 40 CFR.4(c)(1) through (6) and (8) through (10).

1. Agricultural pest control.

a. Plant. Applicators must demonstrate practical knowledge of crops grown and the specific pests of those crops on which they may be using restricted use pesticides. The importance of such competency is amplified by the extensive areas involved, the quantities of pesticides needed, and the ultimate use of many commodities as food and feed. Practical knowledge is required concerning soil and water problems, pre-harvest intervals, re-entry intervals, phytotoxicity, and potential for environmental contamination, non-target injury and community problems resulting from the use of restricted use pesticides in agricultural areas.

b. Animal. Applicators applying pesticides directly to animals must demonstrate practical knowledge of such animals and their associated pests. A practical knowledge is also required concerning specific pesticide toxicity and residue potential, since host animals will frequently be used for food. Further, the applicator must know the relative hazards associated with such factors as formulation, application techniques, age of animals, stress and extent of treatment.

2. Forest pest control. Applicators shall demonstrate practical knowledge of types of forests, forest nurseries, and seed production in this state and the pests involved. They shall possess practical knowledge of the cyclic occurrence of certain pests and specific population dynamics as a basis for programming pesticide applications. A practical knowledge is required of the relative biotic agents and their vulnerability to the pesticides to be applied. Because forest stands may be large and frequently include natural aquatic habitats and harbor wildlife, the consequences of pesticide use may be difficult to assess. The applicator must therefore demonstrate practical knowledge of control methods which will minimize the possibility of secondary problems such as unintended effects o