Regulation X~(-XX~(-XXX (May 12, 2006)                        Page 3, 4, 5  of 52

 

(K) RIPCA - means Chapter 23-25 of the General Laws entitled the Rhode Island Pesticide Control Act of 1976.

 

(L)  School - The term school means a public or private elementary or secondary having kindergarten or any of grades one (1) through twelve (12). The term school includes any school building and any area outside of a school building (including a lawn, playground, sports field that is used, managed or owned by the school or school district for ‘school related activities.

 

(M)            Service Container - means any container, other than the ori&nal labeled container of a registered pesticide provided by the reaistrant. or pesticide application equipment, which contains the original material that is utilized to hold, store, or transport a pesticide concentrate or a pesticide use-dilution preparation.

 

(N) Use of a pesticide - Any act of handling or release of a pesticide or the exposure of public health or the environment to a pesticide, but excluding normal handling associated with pesticide distribution, through acts including but not limited to:

 

a.      Application of a pesticide including mixing or loading of equipment and any required supervisory action in or near the area of application.

b.      Storage actions for pesticides and pesticide containers.

c.      Disposal actions for pesticides and pesticide containers.

d.      recommendation of a pesticide application

e.      other  activities as defined by the Federal Worker Protection Standard 40 CFR Part 156. a

 

RULE 5. “RESTRICTED USE” AND “STATE LIMITED USE” PESTICIDES

 

(A)  “Restricted Use” Pesticides - Any Pesticide which is classified as “restricted use” by the administrator of EPA under 7 USC 136a Sec. 3 d 1  or as a “state-limited use” pesticide under the Rhode Island Pesticide Control  Act Chapter 23-25-9. A listing of such “restricted use” pesticides shall be maintained with the Division of Agriculture.

 

(B)  “State Limited Use” Pesticides - In accordance with Chapter 23-25-9 of the Rhode Island Pest Control Act, the pesticides contained herein are classified as “state limited use”. As such, the following restrictions and/or conditions of use shall apply:

     

(1) Effective January 31, 1987, all uses, distribution and sale of pesticide products containing Chlordane have been canceled and banned.

 

(a) Products containing Chlordane shall not be distributed or used in the State of Rhode Island .

 

(b) Products containing Chlordane shall not be distributed or offered  for sale by any person, dealer, store, or company in the State of Rhode Island

 

(2)  The registration of products containing Alar (daminozide) shall be subject to the requirements for “state limited use” effective May 15, 1986.

 

(3)            Effective June 1. 2006. the following pesticides shall be classified as “state limited use” pesticides in the State of Rhode Island due to their notential as ground water contaminants:

 

(a)   Acetochlor                  {2-chloro-N-(ethoxymethyl)-N-6’-ehylacet-o-toluidide,

            (2-chlolo-N-(ethoxymethyl)-N-(2-ethyl-6-

            methylphenyl) acetamide, or related compounds}.

(b)            Alachlor                       {2-Chloro-2’,6’-diethyl-N-(methoxymethyl)-

                              acetanilide or related compounds}

(c) Cyanazine                 {2-[[4-chloro-6-(ethylamino)-1,3,5-triazin-2-yl]amino]-2-

                              methylpropionnitrile or related compounds}

(d) Metolachlor                {2-chloro-N-[2-ethyl-6-methylphenyl)-N-(2-

                              methoxy-1-methylethyl) acetamide or related compounds}

(e) Simazine                    {2-Chloro-4,6-bis(ethlamino)-s-triazine or related compounds}

(f)            Dacthal                       DCPA (dimethyl tetrachloroterephthalatel

 

(4)  All applicators must report annually applications of pesticides containing wholly or in part any of the chemicals listed in Section B(3) above. At a minimum the following information must be reported:

 

(a)  The brand name or registered name of the pesticide:

(b)  The EPA registration number of the pesticide:

(c)  The total amount of pesticide applied:

(d)  The purpose for which the pesticide was applied: including the target pest(s) and the exact location where the pesticide was applied on the property.

(e)  The name and address of the place of application:

(f)   The specific field or land area of the application, if different from item (e) above;

 (g) If applied to a food crop, the crop to which the application was made:

(h)  And the month, day, and year of the application.

 

(5)            Pesticides listed in Section B(3) above must be applied in accordance with its EPA approved label and the Pesticide State Management Plan, if the Department has develoved such a plan. A copy of such plans shall be available for review upon request at the Department’s Bureau of Natural Resource. Office of Natural Resource Services. Agriculture and Resource Marketing. If a plan is not required, then the pesticide must be applied in accordance with its approved EPA label.