TITLE 21 AGRICULTURE AND RANCHING

CHAPTER 17 PEST, DISEASE, AND WEED CONTROL

PART 56 RESTRICTED-USE PESTICIDES

21.17.56.1 ISSUING AGENCY: New Mexico State University, New Mexico Department of Agriculture

[12/1/96; 21.17.56.1 NMAC - Rn, 21 NMAC 17.56.1, 02/28/07; A, 5/29/09]

[MSC 3189, Box 30005, Las Cruces, New-Mexico 88003-8005, Telephone No. (575) 646-3007]

21.17.56.2 SCOPE: This rule shall apply to all persons using, selling, or distributing restricted-use pesticides.

[11/21/79, 3/27/80; 21.17.56.2 NMAC - Rn, 21 NMAC 17.56.2, 02/28/07]

21.17.56.3 STATUTORY AUTHORITY: Granted to the board of regents of New Mexico state university under the New Mexico Pesticide Control Act, Chapter 76, Article 4, Sections 1 through 39, NMSA 1978 Compilation.

[11/21/79; 21.17.56.3 NMAC - Rn, 21 NMAC 17.56.3, 02/28/07]

21.17.56.4 DURATION: Permanent.

[12/1/96; 21.17.56.4 NMAC - Rn, 21 NMAC 17.56.4, 02/28/07]

21.17.56.5 EFFECTIVE DATE: December 1, 1996, unless a later date is cited at the end of a section.

[12/1/96; 21.17.56.5 NMAC - Rn & A, 21 NMAC 17.56.5, 02/28/07]

21.17.56.6 OBJECTIVE: The objective of Part 56 of Chapter 17 is to establish the classification and restrictions for purchase and use of certain pesticides.

[3/19/84, 5/18/87, 2/19/88; 21.17.56.6 NMAC - Rn & A, 21 NMAC 17.56.6, 02/28/07]

21.17.56.7 DEFINITIONS: [RESERVED]

21.17.56.8 FEDERAL CLASSIFICATION OF PESTICIDES: Any pesticide product or use classified for restricted-use by the U.S. environmental protection agency shall be classified for restricted use in New Mexico.

[4/10/74, 9/15/75, 11/21/79; 21.17.56.8 NMAC - Rn, 21 NMAC 17.56.8, 02/28/07]

21.17.56.9 USE OF PESTICIDE IN A MANNER INCONSISTENT WITH ITS LABELING: It shall be unlawful to use any pesticide in a manner inconsistent with the directions on its labeling; provided, the term "inconsistent with the directions" shall not include:

A. applying a pesticide at any dosage, concentration, or frequency less than that specified on the labeling, provided this paragraph shall not apply to the use of termiticides;

B. applying a pesticide against any target pest not specified on the labeling if the application is to the crop, animal, or site specified on the labeling, unless the U.S. environmental protection agency has required that the labeling specifically state the pesticide may be used only for the pests specified on the labeling and the U.S. environmental protection agency has determined the use of the pesticide against other pests would cause an unreasonable adverse effect on the environment;

C. mixing a pesticide or pesticides with a fertilizer when such mixture is not prohibited by the labeling;

D. any use of a pesticide in conformance with sections 5, 18, or 24 of the Federal Insecticide, Fungicide, and Rodenticide Act.

[5/18/87; 21.17.56.9 NMAC - Rn, 21 NMAC 17.56.9, 02/28/07]

21.17.56.10 PURCHASE OF RESTRICTED-USE PESTICIDES:

A. It shall be unlawful for any person other than a licensed, commercial, non-commercial, or public applicator or certified private applicator to purchase a federal or state restricted-use pesticide.

B. It shall be unlawful for a pesticide dealer to knowingly sell any restricted-use pesticide to any person who is not a certified applicator, provided individuals under the direct supervision of a certified applicator may receive and transport restricted-use pesticides for the certified applicator.

[11/21/79, 12/1/96; 21.17.56.10 NMAC - Rn, 21 NMAC 17.56.10, 02/28/07]

21.17.56.11 STATE RESTRICTED-USE PESTICIDES: The board disclaims liability for any costs incident to inspection or compliance with the provisions of this rule.

A. State restricted-use insecticides: [REPEALED]

B. State restricted-use herbicides: In order to prevent unreasonable adverse effects on the environment, all formulations of the herbicides listed in this section shall be classified for restricted use in New Mexico, provided their labels or labeling contain directions primarily for use on agronomic crops, range or pasture lands, rights-of-way, forest, or non-croplands. Those products labeled primarily for use in ornamental, turf, or home garden plantings shall remain unrestricted.

(1) 2,4-D/2,4-Dichlorophenoxyacetic acid.

(2) 2,4-DB/4-(2,4-Dichlorophenoxy)butyric acid.

[11/21/79, 12/1/96; 21.17.56.11 NMAC - Rn & A, 21 NMAC 17.56.11, 02/28/07]

21.17.56.12-13 [RESERVED]

[5/18/87, 3/30/89, R, 12/1/96; 21.17.56.12-13 NMAC - Rn, 21 NMAC 17.56.12-13, 02/28/07]

21.17.56.14 APPLICATION OF A RESTRICTED-USE, PHENOXY HERBICIDE IN REGULATED COUNTIES:

A. Between April 1 and October 30, no person shall apply a restricted-use, phenoxy herbicide in the counties of Curry or Roosevelt unless a permit has been obtained from the director provided a permit is not required for spot applications made with equipment which is non-motorized or has a tank capacity of 15 gallons or less of diluted pesticide.

B. Permits shall be issued only to pesticide applicators licensed and certified in New Mexico by the New Mexico department of agriculture.

C. A legal description of the land is required before the permit can be issued.

D. Permits for the application of ester formulations of restricted-use, phenoxy herbicides in Curry or Roosevelt counties shall not be issued from April 15 through October 1, provided the director may establish a different date dependent on weather and planting factors if the landowner provides justification for ester formulation use outside of the established dates.

E. The application of restricted-use, phenoxy herbicides by aircraft shall be prohibited in Roosevelt county from April 15 through October 1.

F. It shall be unlawful for any commercial pesticide applicator to make a permitted application of a restricted-use, phenoxy herbicide unless the landowner or persons in control of the land or crops for which he is making the application has been notified prior to the application of the date and time of application and the brand name and EPA registration number of the chemical to be applied.

G. All permits expire 30 days after issuance provided the permit may be extended by the department.

H. No person shall apply restricted-use, phenoxy herbicides when the wind velocity exceeds ten (10) miles per hour or other weather conditions are favorable for drift or volatilization to susceptible crops.

I. The application of restricted-use, phenoxy herbicides in dust form shall be prohibited.

J. The application of restricted-use, phenoxy herbicides by mist blower or similar type of application equipment shall be prohibited, except where mist blowers are equipped with a control droplet applicator set to deliver spray droplet sizes of 200 microns or greater.

K. Permits shall not be issued for restricted-use, phenoxy herbicides to be applied through sprinkler irrigation water during the period from April 15 to October 1.

[1/21/79, 11/21/79, 3/27/80, 5/18/87, 2/19/88, 3/30/89, 12/1/96; 21.17.56.14 NMAC - Rn & A, 21 NMAC 17.56.14, 02/28/07]

21.17.56.15 APPLICATOR RECORDS:

A. Any New Mexico licensed and certified pesticide applicator issued a restricted-use, phenoxy herbicide permit shall maintain the following records for two years for all applicable permitted applications:

(1) all records as required under 21.17.50.10 NMAC;

(2) permit number under which the application is authorized;

(3) total acreage treated.

B. For permitted pesticide applications made by a commercial pesticide applicator, application information shall be exchanged in the timeframe and manner specified with any landowner who is an agricultural employer under 40 CFR Part 170, the federal worker protection standard.

[11/21/79, 3/27/80, 5/18/87; 21.17.56.15 NMAC - Rn & A, 21 NMAC 17.56.15, 02/28/07]

21.17.56.16 DEALER RECORDS [RESERVED]

[4/10/74, 11/21/79, 5/18/87; R, 12/1/96; 21.17.56.16 NMAC - Rn, 21 NMAC 17.56.16, 02/28/07]

HISTORY OF 21.17.56 NMAC:

Pre-NMAC History: The material in this part was derived from that previously filed with the State Records Center and Archives under:

DOA 73-8, Regulatory Order No. 1, Pesticide Regulations, filed 9/13/73.

DOA 74-5, Regulatory Order No. 2, Pesticide Regulations, filed 4/10/74.

DOA 75-5, Regulatory Order No. 3, Pesticide Regulations, filed 9/15/75.

DOA 79-3, Regulatory Order No. 6, Establishes the Classification of Certain Pesticides, filed 11/21/79.

DOA 80-4, Regulatory Order No. 6, Establishes the Classification of Certain Pesticides, filed 3/27/80.

NMDA Rule No. 84-1, Restricted-Use Pesticides, filed 3/19/84.

NMDA Rule No. 87-2, Restricted-Use Pesticides, filed 5/18/87.

NMDA Rule No. 88-1, Restricted-Use Pesticides, filed 2/19/88.

NMDA Rule No. 89-2, Restricted-Use Pesticides, filed 3/30/89.

History of Repealed Material:

21 NMAC 17.56.11.1, State Restricted-Use Insecticides, repealed 12/1/96.

21 NMAC 17.56.12, Restricted-Use, Hormone-Type Herbicide Permits, repealed 12/1/96.

21 NMAC 17.56.13, Purchase of Restricted-Use, Hormone-Type Herbicide, repealed 12/1/96.

21 NMAC 17.56.16, Dealer Records, repealed 12/1/96.