Arkansas Administrative Code

2 CAR § 54-601. Materials. Any pesticide or combination of pesticides approved by the Environmental Protection Agency, registered with the Department of Agriculture, and labeled for the prevention or control of termites, powder-post beetles, wood-rotting fungi, or other wood-dest…

2 CAR § 54-701. Chemical treatment to wood decks and wood patios (an open platform adjoining a building, not covered by a roof and/or supported by an enclosed masonry foundation). Approved chemicals shall be applied or reapplied according to label directions around and under wood…

2 CAR § 54-702. New contracts, contract transfers, clearance letters, and soil treatment certificate of responsibility. Wood decks and/or wood patios are included as part of the contract, contract transfer, or clearance letter issued on an attached structure unless the contract, …

2 CAR § 54-703. Replacements. (a) License holders shall not be required to replace damaged wood caused by termites on wood decks or wood patios treated, even if infested with live subterranean termites, provided that 2 CAR § 54-702 above has been complied with. (b) License holder…

2 CAR § 54-704. Clarification. (a) License holders electing to issue contracts for future termite damage replacement on wood decks and wood patios shall be held equally responsible as for any other part of a building. (b) License holders failing to comply with 2 CAR § 54-702 shal…

2 CAR § 54-801. Contracts. (a) In addition to requirements specified in 2 CAR § 54-301, contracts must specifically state the initial number of bait stations that are to be installed and the frequency with which an inspection of the bait placements or monitoring stations are to b…

2 CAR § 54-802. Treatment. The materials, baits, monitoring stations, and matrixes shall be applied and maintained according to label directions and the schedule specified in the contract.

2 CAR § 54-803. Replacements — Exclusion of existing damage. (a)(1) Wood substantially weakened by termites, powder-post beetles, or decay fungi (rot) should be replaced. (2) Replacements may be made by the license holder or the property owner, or both. (3) Replacements made by t…

2 CAR § 54-901. Household pest and rodent control. (a)(1) Household pest and rodent control shall consist of the control of any mammal, bird, arthropod, reptile, or other organism that may infest or invade a home or other buildings, or the immediate area around or under these hom…

2 CAR § 54-902. Training manual for examinations, Classification 2. (a)(1) The University of Arkansas Cooperative Extension Service has developed a training manual for Classification 2: Household Pest and Rodent Control. (2) The materials within this manual will be updated as nee…

2 CAR § 54-903. Supervision. (a) A commercial applicator (licensed operator) shall be considered in charge of all pest control work and/or services performed. (b)(1)(A) Commercial applicators shall be readily available and shall maintain a supervisory position over all pest contr…

2 CAR § 55-101. Definitions. For the purpose of this part, the following words, names, and terms shall be construed respectively as follows: (1) “Pink bollworm” means the pink bollworm of cotton (Pectinophora gossypiella (Saunders)) in any state of development; (2) “Cotton” means…

2 CAR § 55-102. Defining state quarantine. (a) The state is hereby divided into two (2) areas: (1) Area A; and (2) Area B. (b) Area A consists of all counties or parts of counties in which the pink bollworm has been found or in which it is suspected of being present because of pr…

2 CAR § 55-103. Rules applying to both Area A and Area B. (a) The owners of the land on which the cotton is grown, the operators, and the tenants are jointly and severally responsible for compliance with this section. (b) Cotton fields — Deadline for stalk destruction — Clean-up …

2 CAR § 55-104. Rules applying only to Area A. (a) See also 2 CAR § 55-103, Rules applying to both Areas A and B. (b) Ginning. (1)(A) All cotton produced on farms in Area A (infested) must be ginned at gins in Area A, or at designated gins in Area B (noninfested) in close proximi…

2 CAR § 55-105. Articles originating in Area B if moved to Area A and back to Area B. Articles originating in Area B may be moved from Area A under certification without processing, treatment, or sterilization if, while in Area A, the products have been handled and stored in such…

2 CAR § 55-106. Cancellation of certificates and permits. Any certificate or permit may be canceled by the State Plant Board for violation of this part or when in the judgment of the board further use of such certificates or permits might result in dissemination of the pink bollw…

2 CAR § 55-107. Marking and labeling requirements. (a) To obtain certificates or permits under this part, applications should be made either to the: (1) Local inspector; (2) State Plant Board, Little Rock; or (3) United States Department of Agriculture/United States Department of…

2 CAR § 55-108. Shipments for scientific purposes. Live pink bollworms in any stage of development and products or articles subject to the requirements of this part may be moved under permit only for scientific purposes.

2 CAR § 55-109. Violations. Any person, firm, or corporation found guilty of violating this quarantine and this part is subject to the penalties provided by Arkansas Code §§ 2-16-201 – 2-16-214 and §§ 2-16-301 – 2-16-310.

2 CAR § 55-110. Charges for special inspections. When a gin is found on inspection not to have complied with this part and a special inspection is required on that or other account, an inspection fee of fifty dollars ($50.00) shall be charged for each special inspection. Example …

2 CAR § 55-111. Special agreement necessary to gin from Area A. Gins in Area B must not receive seed cotton from Area A unless the compliance agreement under which they operate specifically authorizes them to do so.

2 CAR § 55-112. Conveyances hauling bulk cottonseed — Responsibility for compliance. (a) All conveyances hauling bulk cottonseed must be covered as to prevent scattering of cottonseed. (b) Gins or any other processing plant from which the cottonseed is hauled, the driver of the c…

2 CAR § 70-101. Title. (a) The following rules of the State Plant Board, written pursuant to the Arkansas Pesticide Use and Application Act, Arkansas Code § 20-20-201 et seq., and the Arkansas Pesticide Control Act, Arkansas Code § 2-16-401 et seq., shall be known as “The Arkansa…

2 CAR § 70-102. Purpose. (a) Pesticides are valuable to the state’s agricultural production and to the protection of people and the environment from insects, rodents, weeds, and other forms of life which may be pests, but it is essential to the public health and welfare that they…

2 CAR § 70-103. Definitions. As used in this part: (1) “Buffer zone” means the distance an applicator must maintain between the field or area of application and a protected subject inside of which the subject pesticide may not be applied; (2) “Custom applicator” means a commercia…

2 CAR § 70-104. General. (a)(1) The effective date of this part shall be January 1, 2003, and shall apply to all products registered for 2003. (2) From that time forward, all pesticides registered for sale in the State of Arkansas shall be classified as: (A) Class A; (B) Class B;…

2 CAR § 70-105. Product classification. The following represents the product classifications assigned to pesticides currently registered under Arkansas law: (1)(A) Class A. (B) All registered pesticides not otherwise assigned below; (2) Class B; (3) Class C; (4) Class D; (5) Clas…

2 CAR § 70-106. Class A. (a)(1) All pesticides when registered in the State of Arkansas shall be classified as Class A unless research or experience has shown that certain potential problems may be inherent with the use of the product. (2) Such knowledge may be as a result of but…

2 CAR § 70-107. Class B. (a) Products with this designation shall be used in accordance with: (1) All other applicable federal or state laws and the rules written pursuant thereto; (2) The label registered with the State of Arkansas, rules promulgated by the State Plant Board; (3…

2 CAR § 70-108. Class C. (a) Products with this designation shall be used in accordance with: (1) All other applicable federal or state laws and the rules written pursuant thereto; (2) The label registered with the State of Arkansas; (3) The applicable restrictions identified for…

2 CAR § 70-109. Class D. (a) Products with this designation shall be used in accordance with: (1) All other applicable federal or state laws and the rules written pursuant thereto; (2) The label registered with the State of Arkansas; (3) The applicable restrictions identified for…

2 CAR § 70-110. Class E. (a) Products with this designation shall be used in accordance with: (1) All other applicable federal or state laws and the rules written pursuant thereto; (2) The label registered with the State of Arkansas; (3) The applicable restrictions identified for…

2 CAR § 70-111. Class F. (a) Products with this designation shall be used in accordance with: (1) All other applicable federal or state laws and the rules written pursuant thereto; (2) The label registered with the State of Arkansas; (3) The applicable requirements identified for…

2 CAR § 70-112. Class G. (a)(1) Products with this designation shall be used in accordance with: (A) All other applicable federal and state laws and rules written pursuant thereto; (B) The label registered with the State of Arkansas; (C) The applicable restrictions identified for…

2 CAR § 70-113. Class H. (a)(1) Products with this designation shall be used in accordance with: (A) All other applicable federal and state laws and rules written pursuant thereto; (B) The label registered with the State of Arkansas; (C) The applicable restrictions identified for…

2 CAR § 70-114. Class I. Products with this designation are those for which none of the aforementioned classifications or any combination thereof will resolve to an acceptable level the problems associated with the use of such product.

2 CAR § 71-101. Registration fees — Expiration of registration. (a)(1) The registration fee for each pesticide product registered shall be two hundred fifty dollars ($250). (2) Registrations shall expire December 31 of the year for which registered. (3) This fee does not include …

2 CAR § 71-102. Pests declared. Each of the following forms of plant and animal life and viruses is declared to be a pest when it exists under circumstances that make it deleterious to humans or the environment: (1) Vertebrate animals (other than humans), including but not limite…

2 CAR § 71-103. Devices specified — Provisions applicable. (a) A device shall be construed to be any instrument or contrivance (other than a firearm) which is intended for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life (other tha…

2 CAR § 71-104. Coloration and discoloration. The requirements for coloration and discoloration of pesticides shall be those as set forth in the regulations adopted by the Environmental Protection Agency pursuant to Section 25(c)(5) of the Federal Insecticide, Fungicide, and Rode…

2 CAR § 71-105. Labeling. Labeling requirements for pesticides shall be those as set forth in Section 162.10 of the regulations adopted under the Federal Insecticide, Fungicide, and Rodenticide Act, Pub. L. No. 92-516.

2 CAR § 71-106. Pesticides highly toxic to humans. The determination of pesticides highly toxic to humans shall be those in accord with the regulations promulgated by the Environmental Protection Agency pursuant to Section 25(c)(2) of the Federal Insecticide, Fungicide, and Roden…

2 CAR § 71-107. Notice of requirement for additional research and for restricting products beyond EPA approval. (a)(1) The State Plant Board will notify applicants for registration in writing if any additional research, evidence, or information will be required, and specifically …

2 CAR § 72-101. Categories of applicators. The following categories have been established for licensing and applicator certification purposes: (1) Commercial applicator categories: (A) Agricultural pest control: (i)(a) Plants. (b) Agricultural produce and lands pest control; and …

2 CAR § 72-102. Commercial applicator. (a) 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 State Plant Board: (1)(A) When applying a herbicide, an …

2 CAR § 72-103. Noncommercial applicator’s license. (a)(1) The review fee for a noncommercial applicator’s license shall be thirty-five dollars ($35.00) per category. (2) At the discretion of the Director of the State Plant Board, this fee may be waived for University of Arkansas…