State Limited Use Pesticide
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State Limited Use Pesticide
State-Limited-Use Pesticides Defined by Active Ingredient 

State Limited Use Pesticides are designated by the department. Because of their high potential to cause adverse effects to non-target sites a pesticide product containing an active ingredient in the following list is classified as a state-limited-use pesticide:
  • 2,4-Dichlorophenoxyacetic acid (2,4-D); including acid, amine, choline, ester and salt formulations;
  • 2,4-Dichlorophenoxy butyric acid (2,4-DB);
  • 2,4-Dichlorophenoxy propionic acid (2,4-DP);
  • 2-Methyl-4-Chlorophenoxyacetic acid (MCPA);
  • 3,6-Dichloro-o-anisic acid (dicamba); including dimethylamine salt (DMA), sodium salt, diglycoamine salt (DGA), isopropylamine salts (IPA), N, N-Bis-(3-aminopropyl) methylamine (BAPMA), and potassium salt;
  • 3,4-Dichloropropionanilide (propanil);
  • 5-bromo-3-sec-butyl-6-methyluracil (bromacil);
  • 2,4-bis(isopropylamino)-6-methoxy-s-triazine (prometon);
  • 3,7-dichloro-8-quinolinecarboxylic acid (quinclorac);
  • Sodium flouoroacetate (Compound 1080); and
  • Sodium cyanide (M44).

State-Limited-Use Pesticides Defined by Use

Due to the high potential for adverse effects to humans, animals, or the environment as the result of wide area public health pest control, a pesticide product otherwise classified as general use is classified as a state-limited-use pesticide when, and only when, applications are made by aerial application or with power-driven fogging equipment for the purpose of public health pest control.


Exemptions from State-Limited-Use Classification 

A pesticide product containing an active ingredient listed above is exempt from classification as a state limited use pesticide if the product:
  • is distributed in a container with a capacity less than or equal to one quart for liquid products or less than or equal to two pounds for dry or solid products
  • is a specialty fertilizer mixture labeled for ornamental use and registered as a commercial fertilizer under Chapter 63 of the Agriculture Code
  • is ready for use, requires no further mixing or dilution before use, and is packaged in a container of one gallon or less for liquid products or four pounds or less for dry or solid products

Restrictions on Persons Buying, Using, and Distributing State-Limited-Use
  • A person may not purchase or use a state limited use pesticide unless the person is a licensed pesticide applicator or is working under the direct supervision of a licensed applicator.
  • A person may not distribute a pesticide classified as state-limited-use to a person not authorized to purchase state-limited-use pesticides.
  • A person who distributes state limited use pesticides must obtain a pesticide dealer's license from the department.  Records of sale or distribution must be kept for two years.

Responsibility

It is the joint responsibility of the person in control of the crop and the applicator to ensure application complies with regulations.


Recordkeeping Requirements

The record of each pesticide application must include:
  • the date of the application
  • the beginning time for the application
  • the name of the person for whom the application was made
  • the location of the land where the application was made stated in a manner that would permit inspection by an authorized party
  • for each pesticide applied
    • the product name
    • the product EPA registration number
    • the rate of product per unit
    • the total volume of spray mix, dust, granules, or other materials applied per unit
    • the name of the pest for which the product was used
  • the site treated (e.g., name of crop, kind of animal, etc.)
  • total acres or volume of area treated (e.g., acre, square feet, number of head, etc.)
  • wind direction and velocity except for those applications made indoors or otherwise within a structure
  • air temperature
  • application method or type of equipment used to make the application
  • the FAA "N" number for aerial application equipment
  • the name and department pesticide license number of the applicator responsible for the application and, if different, the name of the person actually making the application
  • the spray permit number for regulated herbicides applied in a regulated county
  • Documentation to verify training of persons working under the supervision of a licensed pesticide applicator

Pesticide Applicator Recordkeeping Form