Arizona Administrative Code

A. Training exemptions. 1. Handler. A handler who currently meets one of the following conditions is exempt from the requirements under subsection (D)(1) and (D)(3): a. Certified as an applicator of restricted use pesticides under R3-3-208 , b. Certified as a trainer under this S…

A. The owner or operator of an agricultural establishment shall provide the farm labor contractor who performs work on that agricultural establishment with: 1. The location of the agricultural establishment's central posting site; and 2. The restrictions on entering the treated a…

A. All openings on containers used for applying pesticides shall be equipped with covers that prevent splashes and spills. B. All containers shall: 1. Be translucent, or 2. Have a means to indicate externally the internal liquid level in the container, or 3. Have a filler hose no…

A. Any grower, a group of growers, or designee may request the Assistant Director for an agricultural emergency. B. Possibility of agricultural emergency.1. If during business hours information is obtained showing that a declaration of an agricultural emergency is necessary, the …

A. Serious violations. The base penalty for any serious violation is $500 and no adjustment shall be made for mitigating circumstances. The penalty for a violation in which a person is killed or permanently disabled shall be the maximum allowed in A.R.S. §§ 3-3113 and 3-3114. B. …

A. The Assistant Director shall assign an appropriate number of points for each of the following five factors to increase the base penalty for a serious violation, or increase or decrease the base penalty for a nonserious violation. 1. If the total adjustment points on a nonserio…

A. The Director shall issue a notification of failure-to-abate an alleged violation if a violation has not been corrected as specified on the citation. Failure-to-abate penalties, pursuant to A.R.S. § 3-3113(E), shall be applied if an employer or handler has not corrected a previ…

In addition to the definitions in A.R.S. §§ 3-341 and 3-361, the following terms apply to this Chapter: "Acute toxicity" means adverse physiological effects that result from a single dose or single exposure to a chemical; or any poisonous effect produced by a single dose or singl…

A. The Assistant Director shall calculate a daily penalty for unabated violations if failure to abate a serious or nonserious violation exists at the time of reinspection. That penalty shall not be less than the penalty for the violation when cited, except as provided in subsecti…

A. The penalty for a repeated violation shall be calculated as follows: 1. The penalty for a repeated nonserious violation shall be doubled for the first repeated violation and tripled if the violation has been cited twice before. 2. The penalty for a repeated serious violation s…

An employer shall post a citation prescribed at A.R.S. § 3-3110(C) for three days or until the violation is abated, whichever time period is longer. Notes Ariz. Admin. Code § R3-3-1012 New Section made by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1).…

A. Overall time-frame. The Department shall issue or deny a license within the overall time-frames listed in Table 1 after receipt of the complete application. The overall time-frame is the total of the number of days provided for the administrative completeness review and the su…

In addition to the definitions in A.R.S. § 3-901, the following terms apply to this Article: "Authorized representative" means a project manager, project engineer, sub-contractor, or similar that is identified by the landowner on a Notice of Intent to Clear form, or amended form,…

A. Notice of intent. 1. Before a protected native plant is destroyed, the private landowner shall provide notification of intended destruction, which shall include the following information to the Department on a form obtained from the Department:a. Name, address, email address, …

A. A state agency intending to remove or destroy protected native plants shall notify the Department, under A.R.S. § 3-905, and shall propose a method of disposal from the following list: 1. The plants may be sold at a public auction; 2. The plants may be relocated or transported…

A. A person shall not collect, transport, possess, sell, offer for sale, dispose, or salvage protected native plants unless that person is 18 years of age or older and possesses an appropriate permit. B. Salvage restricted native plant permits. 1. An applicant for a salvage restr…

A. Scientific Permit1. A person shall not collect, destroy, harm, or remove any highly safeguarded or other protected native plants for a research project unless that person holds a scientific permit issued pursuant to R3-3-1104(E) . a. The removal and movement of the native plan…

A. Upon request, the Department may conduct a native plant survey. Upon completion, the Department shall notify the individual who made the request of: 1. The date the survey was performed; 2. The amount of the survey fee payable to the Department; 3. The name of Department perso…

A. Any person moving a protected native plant, except a saguaro cactus, previously transplanted from its original growing site in Arizona and transplanting it to another location shall apply to the Department for a Movement Permit. The landowner from where the plant is being move…

A. Salvage Assessed Native Plants. 1. A permittee shall maintain a record of each protected native plant removed under an annual permit for two years from the date of each transaction and allow Department inspection of the records during normal business hours. The transaction rec…

Notes Ariz. Admin. Code § R3-3-1109 New Section recodified from R3-4-609 at 10 A.A.R. 726, effective February 6, 2004 (Supp. 04-1). Amended by final rulemaking at 14 A.A.R. 811, effective May 3, 2008 (Supp. 08-1). Repealed by final rulemaking at 30 A.A.R. 3865, effective 2/2/2025…

A. A person that is found in violation of A.R.S. § 3-908 or the rules of this Article shall be denied a permit, tag, or seal applied for or issued, pursuant to this Article. B. Upon notice of denial of a permit, an applicant may request, in writing, that the Department provide an…

Notes Ariz. Admin. Code § R3-3-1111 New Section recodified from R3-4-611 at 10 A.A.R. 726, effective February 6, 2004 (Supp. 04-1). Repealed by final rulemaking at 14 A.A.R. 811, effective May 3, 2008 (Supp. 08-1).

A. An applicant for certification, license or permit shall submit the appropriate completed application to the Department accompanied by the appropriate fee prescribed in the table following, for each year or portion of the year during which the certification, license or permit i…

In addition to the provisions found under R3-3-200, the following apply to this Section. A. A regulated grower shall not order, purchase, take delivery of, use, or recommend the use of any pesticide for an agricultural purpose or golf course without a valid Pesticide grower permi…

Notes Ariz. Admin. Code § R3-3-202 Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-201 (Supp. 91-4). Former Section R3-3-202 renumbered to R3-3-203; new R3-3-202 made by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1). Amended by ex…

In addition to the provisions found under R3-3-200, the following apply to this Section. A. A person shall not act as a Pesticide seller without a valid Pesticide Seller Permit (PSP), issued by the Department. B. A seller shall obtain a PSP for each physical location where the se…

In addition to the provisions found under R3-3-200, the following apply to this Section. A. An individual shall not act as an agricultural aircraft pilot or drone pilot without: 1. A valid agricultural aircraft pilot license (AAP) for aircraft pilots, or drone pilot license (DPL)…

In addition to the provisions found under R3-3-200, the following apply to this Section. A. A person shall not act as a custom applicator without a valid CAL issued by the Department. B. A person applying for a CAL, initial or renewal, shall provide the following information on a…

In addition to the provisions found under R3-3-200, the following apply to this Section. A. A custom applicator shall not use custom application equipment unless the equipment has a valid tag. The custom applicator licensee shall place and maintain a valid tag so that it is promi…

In addition to the provisions found under R3-3-200, the following apply to this Section. A. An individual shall not act as a PCA without a valid PCA license issued by the Department. To advise in any of the categories listed in subsection (I), a PCA shall pass the specific examin…

In addition to the provisions found under R3-3-200, the following applies to this Section. A. An individual shall not act as a private (PUP), golf (PUG), or commercial (PUC) applicator unless the individual is 18 years of age and certified by the Department. B. An individual shal…

Notes Ariz. Admin. Code § R3-3-209 Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-209 (Supp. 91-4). Amended by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1). Repealed by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

A. The Director may deny, or after an opportunity for an administrative hearing, suspend or revoke a license, permit, or certification of any person who: 1. Fails to demonstrate sufficient reliability, expertise, integrity, and competence in engaging in pesticide use, which is co…

A. CEU course approval.1. A person who wishes to have the Department determine whether a course qualifies for CEU credit shall submit the following information to the Department: a. Name, address, e-mail address, if applicable, and telephone number of the course's sponsor; b. Sig…

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. A person shall not use, apply, or instruct another to apply a pesticide in a manner or for a use inconsistent with the pesticide labeling except that: 1. A pesticide may be applied at a dosage, concentration, or frequency less than that specified on the pesticide labeling unle…

A. Effective January 1, 2026 all Form 1080s must be on a form approved by the Department, made available by the Department, or electronically submitted through the Department's Form 1080 internet portal. A PCA or regulated grower shall provide the following information in sequent…

A. A person supervising application of a pesticide under a federal experimental use permit shall provide the Department with the following information in writing at least five days before application of the experimental use pesticide: 1. A copy of the EPA-approved experimental us…

A. The Associate Director shall annually publish a list of all locations within the state that are designated as pesticide management areas under A.R.S. § 3-366. The list is available at every Environmental Services Division office. B. The Director shall designate a location as a…

A. A seller shall only sell, offer for sale, deliver, or offer for delivery any restricted use pesticide to a person who: 1. Has a valid private, golf or commercial applicator certification issued by the Department for the use of a restricted use pesticide in the appropriate cate…

A. A person shall not sell, offer for sale, deliver, or offer for delivery a restricted use pesticide to another person other than a certified applicator without having first obtained written documentation from a certified applicator or a noncertified recipient that the material …

A. A person shall not operate an aircraft to apply pesticides in this state unless the aircraft has a valid tag issued under R3-3-206 and a valid Federal Aviation Administration airworthiness certificate issued according to 14 CFR §§ 21.171 et seq. (29 FR 14569, October 24, 1964,…

A. Each person storing pesticides or non-triple rinsed pesticide containers shall: 1. Provide a secure, well-ventilated storage location; 2. Verify that the containers are nonleaking and closed if not in use; and 3. Conspicuously post a sign at the entrance to the storage area wa…

A. A pesticide container, as defined in R3-3-101, labeled as a returnable, reusable container, or for which the label contains provisions for recycling or reconditioning, may be shipped according to label directions to a dealer, distributor, formulator, or a reconditioning or rec…

A. An individual shall not perform a fumigation unless the individual is a certified fumigant applicator or a certified fumigant applicator is physically present in the immediate vicinity supervising the individual performing the fumigation. B. An individual storing, handling, or…

Notes Ariz. Admin. Code § R3-3-311 Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-311 (Supp. 91-4). Section repealed by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1).