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.
A. Definitions
1. "For the purpose of experimentation" means
for research or testing purposes, including research or testing performed in
order to accumulate information necessary to register under Section 3 of FIFRA
and the regulations thereunder a pesticide not currently registered or a
registered pesticide for a use not previously approved in the registration of
the pesticide.
2. "Research agency"
means any organization engaged in research pertaining to the use of pesticides,
including for the purpose of experimentation.
3. "Structural pest management application"
means a pesticide application covered by A.R.S. §§
3-3601 et seq.
B. A research agency or educational
institution may use a pesticide that is not federally registered or use a
federally registered pesticide for a use not previously approved in the
registration of the pesticide for the purpose of experimentation:
1. Under a valid experimental use permit
issued by the Department, or
2. If
the testing will only occur on the grounds of a college or university
agricultural center or campus or a research agency owned research facility,
then a permit is not required.
C. An applicant for an experimental use
permit shall provide the following information to the Department:
1. A copy of the EPA-approved experimental
use permit issued according to Section 5 of FIFRA or, for applicants exempt
from the requirement of a federal experimental use permit under
40 CFR §
172.3 (59 FR
45611, Sept. 1, 1994, as amended
at 71 FR
35546, June 21, 2006; 73 FR
75599, Dec. 12, 2008,
https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-172/sub-part-A/section-172.3).
This material is incorporated by reference, on file with the Department, and
does not include any later amendments or editions;
2. A statement of which federal exemption
applies and an affidavit certifying that the experimental use will be in
compliance with the applicable exemption;
3. A statement of the purpose for which the
experimental use permit will be used;
4. Name, address, e-mail address, and daytime
telephone number of the person supervising the experimental use
application;
5. Name, address,
e-mail address, and daytime telephone number of the PGP and PCA, or the
qualifying party if it is a structural pest management application, that are
involved in the application of the experimental use pesticide;
6. County, section, township, range, and
field description, if needed, of the intended application site, or the street
address if it is a structural pest management application;
7. The crop and acreage to be treated, the
amount (quantity, weight, volume or other appropriate unit of measure) of the
agricultural commodity to be treated, or the number of structures if it is a
structural pest management application;
8. Total amount of active ingredient to be
applied in this state;
9.
Application rate of formulation per acre or other appropriate measure for a
structural pest management application;
10. Method of application;
11. Name, address, e-mail address, and
telephone number of the applicator applying the pesticide;
12. Time period during which the application
will be made; and
13. Any special
experimental use permit conditions imposed by the EPA, if
applicable.
