Regulation No. 1. Categories of Applicators
The following categories have been established for licensing and
applicator certification purposes:
I.
Commercial Applicator Categories
A.
Agricultural Pest Control
(1) . Plants
1. Agricultural Produce and Lands Pest
Control
(2).
Animals
B. Forest Pest
Control
(1) . Wood Treatment
C. Right-of-Way Pest
Control
D. Aquatic Pest
Control
E. Demonstration and
Research Pest Control
F. Public
Health Pest Control
G. Seed
Treatment
H. Regulatory Pest
Control
II.
Non-Commercial Applicator Categories Same as Commercial Applicator
Regulation No. 2. Commercial Applicator
I. All herbicide spray applications made by
air to field crops (does not include forestry) shall be done in accordance with
the following requirements unless otherwise required by the Plant Board:
(A) When applying a herbicide, an aircraft
may not exceed 145 miles per hour. Higher airspeeds may be utilized if the
operator can document that the setup combination and airspeed selected will
allow compliance with the spray classification as identified in paragraph
(l)(i) below. Such compliance must be verified by a person or entity that is
independent of the applicator/firm, has specific education and training and
experience in the application of herbicides to field crops, and whose
curriculum vitae is acceptable to the Plant Board. Documentation of such
verification must be recorded on a form provided by the Plant Board. Upon the
effective date of these regulations, said documentation must be provided to the
Plant Board by June 2, 2002. All subsequent verification documentation must be
provided to the Plant Board prior to use of the setup.
(B) The spray boom height at the time of
product release shall not exceed 15 feet above the crop canopy. Where
obstructions in or adjacent to the field of application will not safely allow
application at the 15 foot level, a higher elevation may be used in the
vicinity of such obstructions. However, where the product label imposes more
restrictive application elevations, those elevations must be complied with.
(A) Herbicide applications may not
be made under conditions where the spray may possibly be entrained in an
inversion layer. As an indicator that an inversion is unlikely to exist, the
applicator shall record the ambient temperature measured at the airstrip from
which he/she is working for each application. Inversions are much less likely
to exist if the temperature has increased three (3) degrees Fahrenheit from the
morning low at the
(B) time of
application for applications made before noon or has not decreased more than
three (3) degrees Fahrenheit from the afternoon high for applications made
after noon. The applicator should also use other legal means available to
him/her to verify that an inversion does not exist.
(C) All spray nozzle discharges must be
pointed toward the rear of the aircraft and a minium often (10) inches below
the trailing edge of the wing.
(D)
The spray boom length divided by the wing span shall not be greater than 0.7
for fixed wing aircraft and 0.8 for rotary wing aircraft.
(E) The wind shear angle of the spray nozzle
discharge may not exceed thirty (30) degrees. However, the spray classification
category requirements of paragraph (l)(i) below must be met.
(F) Drift reduction nozzles such as Reglo
Jet, CP drift reduction tips, narrow angle (65 degrees or less) flat fans,
straight stream or other nozzle/configurations that are able to meet the spray
classification category requirements set out in paragraph (l)(i) below must be
used. Documentation verifying the latter's compliance must be made available to
the Plant Board upon request.
(G)
Application rate must be greater than two (2) gallons per acre, unless
otherwise required by the label.
(I) Spray classification category must be in
the Medium or larger category in accordance with the August 1999 issue of ASAE
S572 report entitled Spray Nozzle Classification by Droplet Spectra.
(J) Where the product label is more
restrictive than these regulations, the label must take
precedence.
II All
herbicide spray applications made by ground to field crops (does not include
forestry) shall be done in accordance with the following requirements unless
otherwise required by the Plant Board :
(A)
Vehicle speed while making an application shall be as follows:
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(a)Medium Droplet Size
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10 mph or less
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(b) Coarse Droplet Size
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15 mph or less
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(c)Extra Coarse Droplet Size
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May be Greater Than 15 mph
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The above spray classification categories are as defined in the August
1999 issue of ASAE S572 report entitled Spray Nozzle Classification by Droplet
Spectra.
(B) Spray boom
height shall not exceed 30 inches above the crop canopy with a medium droplet
size but may go to 60 inches above the canopy with a coarse or larger droplet
size. If the product label or other restrictions imposed by the Plant Board
requires a lower level, then that elevation must be used.
(C) Herbicide applications may not be made
under conditions where the spray may possibly be entrained in an inversion
layer. As an indicator that an inversion is unlikely to exist, the applicator
shall record the ambient temperature measured at the field of application for
each application. Inversions are much less likely to exist if the temperature
has increased three (3) degrees Fahrenheit from the morning low at the time of
application for applications made before noon or has not decreased more than
three (3) degrees Fahrenheit from the afternoon high for applications made
after noon. The applicator should also use other legal means available to
him/her to verify that an inversion does not exist.
(D) Applications are restricted to hydraulic
style nozzles that initiate droplet movement in the direction of the plant
canopy. Rotary or Control Droplet Application equipment that emits droplets in
a horizontal fashion may be used only if the spray classification meets the
medium or greater spray classification categories set out in the document
referenced in paragraph (l)(i) above. Such compliance must be verified by a
person or entity that is independent of the applicator/firm, has specific
education and training and experience in the application of herbicides to field
crops, and whose curriculum vitae is acceptable to the Plant Board. Upon the
effective date of these regulations, said documentation must be provided to the
Plant Board by June 2, 2002. All subsequent verification documentation must be
provided to the Plant Board prior to use of the setup.
(E) The application rate must be a minimum of
two (2) gallons per acre unless otherwise required by the label.
(F) Drift reduction nozzles that produce
medium or greater spray classifications must be used .
(G) Where the product label is more
restrictive than these regulations, the label must take
precedence.
III All
commercial pesticide applications made by ground must be done under the
supervision (as defined in ACA
20-20-203(27)
of a certified, licensed commercial applicator. The driver/operator of the
vehicle must be either a certified, licensed commercial applicator licensed by
the Plant Board or a licensed Commercial Applicator Technician licensed by the
Plant Board.
(A) A Commercial Applicator
Technician works under the supervision of a certified, commercial
applicator.
(B) A Commercial
Applicator Technician must be licensed by the Plant Board. Said license shall
expire on December 31st of each year.
(C) To obtain a Commercial Applicator
Technician (CAT) license the applicant must provide proof of completion of the
CAT ground application training course established by the Plant Board within
four (4) months of application and have paid the application review fee as
specified by the Plant Board.
IV License application review fees shall be
as follows:
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(A)
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License to apply seed, fertilizer, and pesticides
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$100
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Plus for each aircraft or article of ground equipment
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$20
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(B)
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Individual Commercial Applicator license, per category
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■$35
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(C)
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Seed treatment license
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$100
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If restricted use pesticides used - additional
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$35
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(D)
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Commercial Applicator Technician license
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$25
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A fee of $5 from each license issued to a CAT by the Plant Board shall
be transferred to the University of Arkansas Cooperative Extension Service for
the purpose of developing and providing CAT training subject to approval by the
Plant Board.
V Financial
Responsibility - Financial responsibility shall be established in one of the
four following ways:
(1) a letter of credit
from an Arkansas Bank guaranteeing financial responsibility;
(2) a surety bond;
(3) an escrow account with an Arkansas Bank;
or
(4) an insurance policy or
certification thereof. The minimum financial responsibility shall be $100,000.
The deductible clause shall not exceed $5,000 for an insurance policy.
Exemption: This requirement shall not apply to Seed Treatment
Applicators and Regulatory Pest Control Applicators.
VI Decals - A decal shall be issued for each
air craft or article of ground equipment upon approval of application. Such
decal shall be attached to or displayed on the aircraft and/or article of
ground equipment prior to its use under the license granted.
Regulation No. 3. Non-Commercial Applicator's
License.
The review fee for a Non-Commercial Applicator's license shall be $35
per category. At the discretion of the ASPB Director this fee may be waived for
Cooperative Extension employees actively involved in supporting the ASPB's
regulatory programs.
Regulation No. 4. Private Applicator License.
I.
Initial Certification
All first time applicants for a Private Applicator's license must have
been "certified" within the 12 months prior to license application.
Certification for a first time applicant can be obtained in one of two
ways:
(A) Applicant may attend the
Pesticide Applicator Training offered by the County Cooperative Extension
Office each year.
(B) Applicant may
take an examination given by the State Plant Board. Applicant must achieve a
minimum score of 70% of total possible points.
This certification will be valid for one five-year license or five
consecutive one-year licenses. In no case shall a certification make a person
eligible for licensure in excess of five years.
II
Recertification
All applicants for a subsequent five year Private Applicator license
must have been "recertified" within the 12 months prior to license application.
All applicants for a one year license must have been "recertified" within the
48 months prior to license application. Recertification can be obtained in one
of two ways:
(A) Applicant may attend
the Pesticide Applicator Training offered by the County Cooperative Extension
Office each year.
(B) Applicant may
take an examination given by the State Plant Board. Applicant must achieve a
minium score of 70% of total possible points.
III One other option available for
recertification is that the applicant may attend other approved training
classes that address the certification requirements for private applicator
certification cited in
40 CFR, Part
171.5. Each approved class will
be assigned a point value by the Plant Board and at least five (5) points must
be accumulated during the 36 months prior to license application. Course
facilitators must provide the Plant Board with a list of all who attended the
class that want the class points to be applied to private applicator
recertification. The applicant will be required to fill out a course
verification form for each class and submit it with their private applicator
license application form.
Recertification will be valid for one five-year license or five
consecutive one-year licenses. In no case shall recertification make a person
eligible for licensure in excess of five years.
IV The fee for private applicator's license
shall be as specified in the Arkansas Pesticide Use and Application Act of
1975, as amended.
V. The license
will permit the certified private applicator to purchase and use restricted use
pesticides in any category under the amended FIFRA as well as state restricted
pesticides such as hormone-type herbicides.
VI A fee of $2.00 from each license issued to
a private applicator by the Plant Board for each year of the license period
shall be transferred to the University of Arkansas Cooperative Extension
Service for the purpose of developing and providing training for certification
and recertification of private pesticide applicators in accordance with the
requirements of 40CFR, Part
171.5.
VII The transfer of such funds shall be made
quarterly by a cooperative agreement contract between the State Plant Board and
the University of Arkansas Cooperative Extension Service.
VIII Private applicators using aircraft to
apply herbicides must comply with the criteria set out for commercial
applicators in Regulation 2, Paragraph 1 of these regulations
Regulation No. 5. Pilot License
Fee- $35.00
Regulation No. 6. Pesticide Dealer's License
Fee - $65.00 for dealers handling restricted use pesticides and state
restricted pesticides. Note: If license-holding dealers have branches which
sell or distribute restricted use pesticides, each branch must have a dealer's
license.
The enactment of regulations under this Act is not intended nor shall
they have the effect of repealing regulations promulgated under the authority
of Acts 410 or 488 of 1975.
