Washington Administrative Code

Pesticides containing the active ingredient thiamethoxam are declared to be use restricted pesticides when labeled for use on pome fruits, including apples and pears.[Statutory Authority: Chapters 17.21, 15.58, and 34.05 RCW. WSR 07-11-041A, § 16-228-1262, filed 5/9/07, effective…

In addition to the restrictions placed on the product label, pesticides containing the active ingredient thiamethoxam cannot be applied to pome fruits, including apples and pears, without complying with the requirements in WAC 16-228-1266.[Statutory Authority: RCW 15.58.040, 17.2…

Before applying thiamethoxam to pome fruits, including apples and pears, you must comply with the following requirements:(1) For product labeled for use on apples, apply thiamethoxam prior to prebloom (prepink or tight cluster growth stage) or after post bloom (petal fall). Do no…

(1) For purposes of pesticide registration, the following crops, when grown to produce seed specifically for crop reproduction purposes, are considered nonfood and nonfeed sites of pesticide use:Common NameScientific NamealfalfaMedicago sativaarugulaEruca sativabeet, gardenBeta v…

Pesticide dealers shall keep and furnish records to the director immediately upon request on the distribution of any pesticide except those determined by the department to be "home and garden use only" products. Records shall be kept for a period of seven years from the date of d…

(1) Certified applicators and all persons applying pesticides to more than one acre of agricultural land in a calendar year including public entities engaged in roadside spraying, and all persons making landscape applications of pesticides to types of property listed in RCW 17.21…

(1) The marker shall remain in place for a minimum of twenty-four hours from the time the landscape application is originally posted as required by RCW 17.21.410.(2) In the event the pesticide label requires a restricted entry interval greater than twenty-four hours, the certifie…

(1) All pilots and aircraft used for or engaged in the application of pesticides shall comply fully with the appropriate rules and regulations of the Federal Aviation Administration.(2) All applicants for the aerial pest control classification shall comply with FAA certification …

Under authority of chapter 15.58 RCW, the department may establish a waste pesticide disposal program for farmers, or other parties regulated under chapter 17.21 RCW or licensed under chapter 15.58 RCW.(1) Upon review and determination that a pesticide is no longer useable, the d…

Rodent control pesticides shall be used in and around structures only under the following conditions, provided that the use of rodent control baits registered for home and garden use only, is exempt from this section:(1) Bait shall only be placed in locations not readily accessib…

(1) In addition to the requirements set forth in (2) through (5) below, pesticide labeling shall meet the standards or criteria of FIFRA.(2) Any pesticide exempted from registration under the provisions of section 18 of FIFRA must be labeled as follows:(a) Pesticides distributed …

For purposes of this section, "home and garden use only" means any pesticide determined by the department to be packaged, labeled and marketed in a manner that clearly indicates the product is intended for personal use by the general public in and around a residence. In making th…

The complete pesticide formula shall include a listing of each active and inert ingredient and the percentage of each ingredient. This information will be kept confidential and is exempt from disclosure as a public record as provided by RCW 15.58.065 except for names of inert ing…

Containers, i.e., packages, cartons, bags, cans, barrels, bins, etc., in which pesticides are sold, offered for sale, or transported within the state of Washington shall be of sufficient strength and of such construction as to alleviate danger of spillage or breakage. Pesticides …

(1) No highly toxic pesticide in powdered or granular form or highly toxic pesticide baits having a label recommendation for use in any building, ship, or similar enclosure shall be sold within the state of Washington unless it is distinctly colored or discolored in such a way th…

(1) Each pesticide-fertilizer mix containing different pesticide active ingredients and/or percentages must be registered with the director: Provided that the fertilizer portion shall be considered an inert ingredient for the purpose of this order. Such registrations may be to th…

No person shall distribute, sell, offer for sale, or hold for sale any dry pesticide incorporated in a dry blended bulk fertilizer mix.[Statutory Authority: Chapters 17.21, 15.58, 34.05 RCW. WSR 03-22-029, § 16-228-1455, filed 10/28/03, effective 11/28/03. Statutory Authority: Ch…

(1) Pesticides shall not be distributed or used for experimental purposes unless a written permit has been obtained from the director. All distribution and use of pesticides for experimental purposes shall be subject to restrictions and conditions described in the experimental us…

(1) The director may deny, suspend, or revoke any provision of a license, registration, permit, or certification issued under chapters 17.21 and 15.58 RCW if it is found that the applicant or the holder of the license, permit, or certification has committed any of the following a…

(1) A commercial pesticide applicator's license shall not be issued until a financial responsibility insurance certificate is filed with the department which shall certify: (Forms to be supplied by the department).(a) Name of insured (identical to name on application form)(b) Add…

(1) Except for the pesticide dealer license required under RCW 15.58.180 and limited private applicator and rancher private applicator licenses, all pesticide licenses shall expire on the December 31st following their issuance:(2) Pesticide renewal applications for licenses issue…

(1) An examination fee of $25 shall be paid prior to administration of any paper-based pesticide or structural pest inspector license examination.(2) An examination fee of not more than $65 shall be paid prior to the administration of each computer-based pesticide or structural p…

(1) All individuals licensed or required to be licensed as commercial pesticide applicators, commercial pesticide operators, private-commercial applicators, demonstration and research applicators, public operators, structural pest inspectors, pest control consultants, and public …

(1) Individuals seeking certification as commercial pesticide applicators, commercial pesticide operators, demonstration and research applicators, public operators, pest control consultants, and public pest control consultants must demonstrate practical knowledge of the principle…

(1) To qualify for a private applicator license, an individual must pass a private applicator examination that covers areas of competency described in WAC 16-228-15461(1). The examination shall be written and taken without the aid of any materials that contain information relevan…

(1) To qualify for a private applicator license, an individual must demonstrate practical knowledge of the principles and practices of pest control associated with the production of agricultural commodities and effective use of restricted use pesticides including the following:(a…

(1) To qualify for a dealer manager license, an individual must pass a dealer manager examination. The examination shall be written and taken without the aid of any materials that contain information relevant to the exam content. Individuals must be capable of independently readi…

(1) General requirements:(a) The certified applicator must meet the following general requirements before supervising the use of federal restricted use pesticides by a noncertified applicator:(i) The certified applicator must have practical knowledge of applicable state and feder…

(1) A certified applicator making a landscape application shall display the name and telephone number of the applicator or applicator's employer on any apparatus.(2) A certified applicator making a right of way application shall display the name and telephone number of the applic…

(1) Private applicator certification, demonstration and research applicator certification, user permits and private-commercial applicator licenses shall be considered as certified applicator permits as provided for in RCW 17.21.030 and 15.58.040 (2)(h).(2) User permits may be iss…

Grounds maintenance persons are exempt from licensing requirements as a commercial pesticide applicator, as provided under chapter 17.21 RCW, only if they perform ground maintenance on an occasional basis not amounting to a regular occupation. Exempted persons shall only perform …

(1) When more than one pesticide dealer is engaged in the business from the same outlet or location, each pesticide dealer shall obtain a license for said outlet or location.(2) A licensed pesticide dealer manager shall be available to the staff, customers, and department represe…

All persons required to be licensed to conduct wood destroying organism (WDO) inspections must comply with the rules set forth in this chapter.(1) Purpose: This section will define terms associated with WDO inspections, identify the types of and specify the uses for WDO inspectio…

(1) Evidence of WDOs found during an inspection must be described in all complete and specific WDO inspection reports. Report terminology must include, but is not limited to, the following:(a) Carpenter ants: Carpenter ants must be reported as carpenter ants or carpenter ant acti…

(1) Conducive conditions found during a complete WDO inspection must be noted in the complete WDO inspection report.(2) Conducive conditions include, but are not limited to, the following:(a) Earth in direct contact with wood or inadequate clearance between earth and any wood or …

(1) Any WDO inspection conducted by any person pursuant to the sale, exchange, or refinancing of real property or, as a result of telephone solicitation by an inspection, pest control, or other business, must be a complete WDO inspection and must be performed by individuals requi…

(1) Any report that identifies damage or infestation by WDOs or, conditions conducive to damage or infestation by WDOs pursuant to the sale, exchange, or refinancing of any structure or, as a result of telephone solicitation by an inspection, pest control, or other business, must…

(1) Specific WDO inspections must only be conducted by individuals licensed in the classification of pest control operator structural specified in WAC 16-228-1545 (3)(a)(vii) or structural pest inspector specified in WAC 16-228-1545 (3)(a)(xiii). Such inspections will be conducte…

(1) A specific WDO inspection report must be completed in conjunction with any proposal or estimate for prevention or control of WDOs. Pest management activities performed under an existing warranty will not require the preparation of a specific WDO inspection report.(2) A specif…

The definitions set forth in this section shall apply throughout this chapter unless the context otherwise requires:(1) "Approved air gap" means a physical separation between the free-flowing end of a water supply pipeline and the overflow rim of an open or nonpressurized receivi…

Any person who fails to comply with any provisions of this chapter shall be subject to denial, suspension, or revocation of any license, registration, or permit provided for in chapters 15.58 and 17.21 RCW and/or imposition of a civil penalty as provided therein.[Statutory Author…

Primary storage of bulk liquid pesticides at a permanent storage facility shall be located within secondary containment designed to prevent the release of discharged pesticides. Secondary containment shall consist of:(1) A wall and liner with a sloped floor as provided in WAC 16-…

(1) Secondary containment shall contain at least one hundred twenty five percent of the volume of the largest storage container within the area plus the displacement of all other tanks, appurtenances, and other items within the containment area.(2) If the secondary containment is…

(1) The secondary containment floor shall slope to one or more liquid tight collection points or sumps that allows spilled or deposited materials to be easily removed.(2) The walls and floor of secondary containment shall be constructed of steel, poured reinforced concrete, preca…

(1) A synthetic liner may be used to meet the applicable standards set forth in WAC 16-229-030.(2) Synthetic liners shall be chemically compatible with the materials being stored within the permanent storage facility and have a minimum thickness of 30 mils +/- 1 mil. A written co…

(1) Prefabricated secondary containment shall be composed of a rigid prefabricated basin having both a base and walls constructed of steel or synthetic materials which are resistant to corrosion, puncture or cracking. Materials used in the secondary containment shall be chemicall…

Secondary containment including prefabricated secondary containment, shall not have discharge outlets or valves. Discharge outlets or valves on existing secondary containment shall be sealed. Secondary containments may be interconnected.[Statutory Authority: Chapters 15.58 and 17…

(1) No material may be stored within pesticide secondary containment unless the material is compatible with all other material stored within the secondary containment. For the purposes of this section, compatible means that the materials, when mixed together, will not react in a …

Precipitation may not be allowed to accumulate in secondary containment to the point where it:(1) Reduces the capacity of the secondary containment below one hundred ten percent of the volume of the largest storage container within the area plus the displacement of all other stor…

Discharges within secondary containment shall be immediately recovered.[Statutory Authority: Chapters 15.58 and 17.21 RCW. WSR 00-23-074, § 16-229-090, filed 11/17/00, effective 12/18/00. Statutory Authority: RCW 15.54.800 and 15.58.040. WSR 93-22-093 (Order 5018), § 16-229-090, …