49-301. Definitions In this article, unless the context otherwise requires: 1. " Active ingredient" has the meaning assigned to the term by title 7 United States Code section 136. 2. " Applicant" means any person who applies for a registration or amended registration pursuant to title 3, chapter 2, article 5 or a conditional registration […]
49-302. Information submittal A. An applicant shall submit to the director information that enables the department of environmental quality to determine whether a pesticide has the potential to pollute the groundwater in this state. This information shall include all of the following information for each active ingredient in the pesticide intended for registration with the […]
49-303. Pesticide evaluation process; reporting requirements A. After satisfying the requirements of section 49-302, a registrant may use any of the following processes to demonstrate to the director whether the pesticide has the potential to pollute groundwater: 1. The use of specific numeric values established by the director for pesticides regarding water solubility, soil adsorption […]
49-304. Penalty for groundwater protection data gap A. A registrant of a pesticide is subject to a penalty of up to ten thousand dollars for each day that a groundwater protection data gap exists unless the information was waived pursuant to section 49-302, subsection D or a conditional registration was granted pursuant to section 49-310. […]
49-305. Groundwater protection list; regulation of pesticides on list A. The director shall establish a groundwater protection list of pesticides that have the potential to pollute groundwater. The director shall immediately place all pesticides identified in section 49-303, subsection C, paragraphs 2 and 3 on the groundwater protection list and shall regulate the use of […]
49-306. Groundwater protection data gap; cancellation of registration A. The director shall notify the Arizona department of agriculture to cancel the registration of a pesticide for agricultural use if there is a groundwater protection data gap for that pesticide. B. If a registrant no longer manufactures the active ingredient or pesticide in question or if […]
49-307. Monitoring and testing A. In order to more accurately determine the mobility and persistence of the pesticides identified pursuant to section 49-303, subsection C, paragraphs 2 and 3 and those pesticides whose continued use is allowed pursuant to section 49-309 and to determine if these pesticides have migrated into groundwaters of this state, the […]
49-308. Enforcement A. Within ninety days after a pesticide that is listed pursuant to section 49-305 is found pursuant to section 49-307 under any of the conditions listed in paragraph 1, 2 or 3 of this subsection, the director shall determine whether the pesticide resulted from agricultural use according to state and federal laws and […]
49-309. Cancellation of pesticide registration; hearing for reconsideration and continued use A. If the director determines the pesticide which meets any of the conditions specified in section 49-308 is carcinogenic, mutagenic, teratogenic or toxic to humans in concentrations found at depths prescribed in section 49-308, subsection A and the pesticide label cannot be modified to […]
49-310. New pesticides; conditional registration; reports A. The director may provide for the conditional registration of a new pesticide for one year with an option to renew annually for a period not to exceed three years under the following conditions: 1. The new pesticide is registered pursuant to the federal insecticide, fungicide and rodenticide act […]
