CHAPTER
Pes 700
Statutory Authority: RSA 430:31, IV
PART Pes 701
PROHIBITED, PROHIBITED-LIMITED USE AND RESTRICTED PESTICIDES
Pes
701.01 Statement of Purpose. The purpose of these rules is to list the prohibited,
prohibited-limited and restricted use pesticides and the basic requirements for
their sale and use in
Source. #150, eff 1-9-74; ss
by #2209, eff 12-13-82; ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss and
moved by #6160, eff 1-3-96 (from Pes 701.03); ss by
#7987, eff 1-3-04, EXPIRED: 1-3-12
New. #10489, INTERIM, eff 12-17-13, EXPIRED:
6-16-14
New. #10712, eff 11-5-14
Pes
701.02 Basic Requirements For the
(a) All uses of pesticides restricted or
prohibited by the U. S. Environmental Protection Agency shall be so classified
in
(b) All pesticides having labeling designating
them as restricted use shall be so classified in
(c) The sale and use of the compounds listed in
Pes 701.04 shall be prohibited in the state of
(d) The sale and use of the compounds listed in
Pes 701.05 shall be restricted in the manner indicated. The materials may be
distributed, sold, offered for sale or held for sale only by licensed dealers
for the uses shown in Pes 701.05, after license requirements are met.
Source. #150, eff 1-9-74; ss
by #2209, eff 12-13-82; ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss and
moved by #6160, eff 1-3-96 (from Pes 701.01); ss by
#7987, eff 1-3-04, EXPIRED: 1-3-12
New. #10489, INTERIM, eff 12-17-13, EXPIRED:
6-16-14
New. #10712, eff 11-5-14
Pes 701.03 Restricted
Use Pesticides. For the purpose of
controlling their sale, the pesticides listed in Pes 701.06 may be sold or
distributed only by pesticide dealers pursuant to RSA 430:35, Pes 306, and Pes
700.
Source. #741, eff 1-18-76; amd
by #823, eff 7-18-76; ss by #2209, eff 12-13-82; ss by #2781, eff 7-26-84; ss by
#4867, eff 7-19-90; ss and moved by #6160, eff 1-3-96
(from Pes 701.02); ss by #7987, eff 1-3-04; ss by #9712-B, eff 5-11-10; ss by
#12524, eff 5-9-18
Pes
701.04 Prohibited Compounds.
(a)
None of the following compounds, listed by common chemical name, shall be sold
or used:
(1) 2,4,5-T,
Salts and Esters;
(2) Aldrin;
(3) BHC;
(4) Chlordane;
(5) DDD;
(6) DDT;
(7) Dieldrin;
(8) Dinoseb;
(9) Endrin;
(10)
Heptachlor;
(11) Mercury
and its compounds;
(12) Rothane;
(13) Strobane;
(14) TDE;
(15) Tepp;
(16) Thallium Salts,
thallium acetate, thallium sulfate; and
(17) Toxaphene, Chlorinated camphene.
Source. #150, eff 1-9-74; amd
by #741, eff 1-18-76; amd by 823, eff 7-18-76; ss by #2209, eff 12-13-82; ss by
#2781, eff 7-26-84; amd by #4374, eff 2-24-88; ss by #4867, eff 7-19-90; ss by
#5393, eff 5-12-92; ss by #5590, eff 2-25-93; ss by #6316, eff 8-13-96; ss by
#6455, eff 2-19-97; ss by #7987, eff 1-3-04, EXPIRED:
1-3-12
New. #10489, INTERIM, eff 12-17-13, EXPIRED:
6-16-14
New. #10712, eff 11-5-14
Pes
701.05 Prohibited - Limited Use
Compounds. These compounds, listed
by common chemical name, shall be allowed for sale and use only for the uses listed
below:
(a) Avitrol shall only
be used by government agencies who have jurisdiction over federally protected
birds, and commercial pest control operators for non-protected birds, upon
issuance of a special permit. This
compound shall not be sold to the general public;
(b) DRC 1339 Starlicide
shall only be used by government agencies who have jurisdiction over federally
protected birds, and commercial pest control operators for non-protected birds,
upon issuance of a special permit. This compound shall not be sold to the
general public;
(c) Fenthion shall only
be used by government agencies who have jurisdiction over federally protected
birds, and commercial pest control operators for non-protected birds, upon
issuance of a special permit. This
compound shall not be sold to the general public;
(d) Methyl Parathion Encapsulated, or any
formulation thereof used in
(1) Those
provisions contained on the manufacturer's label;
(2) Regardless
of whether bees or other pollinators are known to be visiting areas to be
treated, this pesticide shall not be:
a. Applied to
any corn crop having 10% or more of its plants with spike anthers;
b. Applied on any
field crop, orchard, vineyard or other agricultural crop listed on the
manufacturer's label where there exists weeds or other non-target plants having
an average of 5 or more blooms per square yard; or
c. Allowed to
drift to any non-target areas where weeds or other non-target plants having an
average of 5 or more blooms per square yard exist; and
(3) Use of this
pesticide shall be by special permit only as follows:
a. Only applicators
certified under RSA 430:33 may apply for a special permit under this
subparagraph;
b. Individuals
seeking special permits to use Methyl Parathion shall include the following
information on application forms provided by the division:
1. Name and
address of applicant;
2. Crops to be
treated;
3. Location of
application;
4. Maximum
number of applications;
5. Target
pests;
6. Approximate
date of application; and
7. Method of
notification of apiary owners;
c. Special permit
applications under this subparagraph shall be submitted at least 20 days prior
to the intended treatment date;
d. The division
shall grant a special permit within 10 days of receipt of such application if
the following are true:
1. The
applicant has provided the information required in b. above;
2. The
applicant has complied with a. and c. above;
3. The
pesticide can be used without causing adverse effects on non-target organisms;
and
4. The proposed
use is in compliance with (d)(2) above; and
e. An
applicator issued a special permit under this paragraph shall notify all
beekeepers registered under Agr 1805.01, who
indicated through registration they may have apiaries located within 2 miles of
the area to be treated, at least 48 hours prior to each application;
(e) Ornitrol shall only
be used by government agencies who have jurisdiction over federally protected
birds, and commercial pest control operators for non-protected birds, upon
issuance of a special permit. This compound shall not be sold to the general
public;
(f) Sodium Arsenite,
and any formulation thereof, shall be used by special permit only pursuant to
Pes 505.05(b)(c) and (d);
(g) Sodium Fluoroacetate,
compound 1080, shall be used by a licensed pest control applicator, upon
consultation with the department of health and human services; and
(h) Tergitrol shall be
used only by government agencies who have jurisdiction over federally protected
birds, and commercial pest control operators for non-protected birds, upon
issuance of a special permit. This compound shall not be sold to the general
public.
Source. #150, eff 1-9-74; amd
by #741, eff 1-18-76; amd by #823, eff 7-18-76; amd by #2002, eff 4-19-82; ss by
#2209, eff 12-13-82; amd by #2388, eff. 6-16-83; ss by #2781, eff 7-26-84; amd by
#4505, eff 10-13-88; ss by #4867, eff 7-19-90; ss by #5393, eff 5-12-92; amd by
#5590, eff 2-25-93; amd by #6160, eff 1-3-96; ss by #6316, eff 8-13-96; ss by
#6455, eff 2-19-97; ss by #7987, eff 1-3-04, EXPIRED:
1-3-12
New. #10489, INTERIM, eff 12-17-13, EXPIRED:
6-16-14
New. #10712, eff 11-5-14
Pes
701.06 Restricted Use Materials.
(a) Pesticides containing the following
compounds, listed in Table 7.1 Restricted Use Pesticides by common chemical
name and use/concentration affected, shall be classified as restricted use:
Table 7.1 Restricted Use Pesticides
COMMON CHEMICAL NAME |
USE/CONCENTRATION AFFECTED |
|
|
Acrolein |
all |
Acrylonitrile |
all |
Alachlor |
all |
Aldicarb |
all |
Allyl Alcohol |
all |
Aluminum Phosphide |
all |
Amitrole |
all above 2% |
Arsenic (inorganic) |
all above 1% as expressed as Metallic Arsenic in
water soluble form; and all used as wood preservatives |
Arsenic Acid |
all |
Arsenic Pentoxide |
all used as wood preservatives |
Atrazine |
all |
Azinphos-ethyl |
all |
Azinphos-methyl |
all |
Baythroid |
all above 2% |
Bis(tributyltin) oxide |
all used as marine coatings |
Bomyl |
all |
Brodifacoum |
all above .05% |
Bromoxynil |
all |
Cadmium Chloride |
all |
Calcium Cyanide |
all |
Carbofuran |
all |
Carbon Bisulfide |
all |
Carbon Disulfide |
all |
Carbon Tetrachloride |
all |
Carbophenothion |
all |
Chlorfenvinphos |
all |
Chlorophacinone |
all tracking powder, dust and ready to use formulations .2% or greater |
Chloropicrin |
all |
Chromic Acid |
all except brush-on used as wood preservatives |
Clonitralid |
all wettable powders 70%
and above; all granular and wettable powders used as molluscides |
Coal Tar |
all |
Coal Tar Creosote |
all |
Coumafuryl |
all |
Creosote |
all |
Creosote Oil |
all |
Cyanazine |
all |
Cycloheximide |
all |
Daminozide |
all |
Demeton |
all |
Diallate |
all |
Dichloropropene |
all |
Dichlorvos |
all above 1%; except 20% resin strips or others so
impregnated resin products not in excess of 20% |
Diclofop Methyl |
all |
Dicrotophos |
all |
Diflubenzuron |
all; except feed-through fly control formulations |
Dinitrocyclohexylphenol |
all |
Dioxathion |
all |
Diphacinone |
all above 1% |
Diquat |
all concentrations labeled for aquatic use; all
other formulations above 2% provided that those products containing 2% or
less are labeled for terrestrial use only |
Disulfoton |
all above 2% |
DNOC |
all |
Dodemorph |
all |
Endosulfan |
all above 3% |
Endothall |
all |
EPN |
all |
Ethion |
all |
Ethoprop |
all |
Ethyl Parathion |
all |
Ethylene Dibromide |
all |
Famphur |
all above 1% |
Fenamiphos |
all emulsifiable
concentrates 35% and above |
Fenitrothion |
all forestry uses |
Fensulfothion |
all |
Fenthion |
all above 1% |
Fluorocetamide |
all |
Flucythrinate |
all |
Fonofos |
all |
Formetanate Hydrochloride |
all |
Hydrocyanic acid |
all |
Lambda-Cyhalothrin |
all above 1% |
Leptophos |
all |
Lethane 384 |
all |
Magnesium Phosphide |
all |
Methamidophos |
all |
Methidathion |
all |
Methomyl |
all above 1% |
Methyl Bromide |
all |
Methyl Isothiocyanate |
all |
Methyl Parathion |
all including Methyl Parathion on Prohibited-Limited
Use list |
Metolachlor |
all |
Mevinphos |
all |
Mexacarbate |
all above 2% |
Monocrotophos |
all |
Niclosamide |
all |
Nicotine Alkaloid |
all |
Nicotine Salts |
all above 40% nicotine expressed as alkaloid |
Nitrogen, liquid |
all |
Oxamyl |
all |
Oxydemeton Methyl |
all |
Paraquat |
all above .2% cation |
Parathion |
all |
Pentachlorophenol |
all |
Phorate |
all |
Phosacetim |
all |
Phosalone |
all above 2% |
Phosphamidon |
all |
Phosphorus (white & yellow) |
all |
Phostoxin |
all |
Picloram |
all except for treating trees by a "cut
surface" method with 5.4% or less Picloram |
Pindone |
all above 3% |
PMP |
all above 6% |
Potassium Pentachlorophenate |
all |
Pronamide |
all wettable powders 50%
or above |
Propetamphos |
all emulsifiable
concentrates 50% or greater |
Propoxur |
all above 3%; except impregnated type resin materials
with a concentration not exceeding 10% |
Pyriminil |
all |
Schradan |
all |
Selenium and its compounds |
all |
Simazine |
all above 10% |
Sodium Cyanide |
all |
Sodium Dichromate |
all formulations except brush-on |
Sodium Methyldithiocarbamate |
all |
Sodium Pyronarsenate |
all formulations except brush-on |
Strychnine |
all |
Sulfotepp |
all |
Sulfuric Acid |
all |
Sulfuryl Fluoride |
all |
Sulprofos |
all |
Terbufos |
all |
TFM |
all |
Tralomethrin |
all above 2% |
Tributyltin |
all used as marine coatings |
Tributyltin Fluoride |
all used as marine coatings |
Tributyltin Methacrylate |
all used as marine coatings |
Triphenyltin Hydroxide |
all |
Warfarin |
all above 3% |
Zinc Phosphide |
all |
Source. #150, eff 1-9-74; amd
by #741, eff 1-18-76; amd by #1058.10-1058.12, eff
1-22-77; amd by #1301, eff 1-10-79; amd by #1410.6, eff 8-1-79; amd
by #1579, eff 5-15-80; amd by #1713, eff 2-9-81; amd by #2002, eff 4-19-82; amd by
#2058, eff 6-22-82; ss by #2209, eff 12-13-82; ss by #2208, eff 12-13-82; ss by
#2781, eff 7-26-84; amd by #2480, eff 8-31-84; amd by #4374, eff 2-24-88; amd by
#4812, eff 5-3-90; ss by #4867, eff 7-19-90; amd by #5127, eff 4-29-91; ss by
5393, eff 5-12-92; ss by #6160, eff 1-3-96; amd by #6455, eff 2-19-97; amd by
#6944, eff 2-24-99; ss by #7890, eff 5-19-03; ss by #7987, eff 1-3-04; amd by
#8634, eff 5-23-06; EXPIRED: 1-3-12 (except for (a) intro. and entry for
“Diflubenzuron” in Table 7.1)
New. #10489, INTERIM, eff 12-17-13, EXPIRED:
6-16-14
New. #10712, eff 11-5-14
Pes
701.07 Lindane
Classification. Notwithstanding the
manufacturers’ labeling, pesticides containing lindane
as the active ingredient shall be classified as one of the following:
(a) Prohibited-limited use provided it shall only
be used for the control of:
(1) Bark and
wood borers;
(2) White pine
weevil with single stem applications only;
(3) Spruce gall
aphids;
(4) Leafminers;
(5) Aphids;
(6) Thrips;
(7) Gall
midges;
(8) Leafrollers on trees, shrubs, and ornamental plants;
(9) Soil insects
as a seed treatment;
(10) Symphylids in soil application;
(11) Fungus
gnats;
(12) Sowbugs and millipedes; and
(13) Mange
mites and lice on humans in conjunction with programs to protect public health
under the direction of the New Hampshire department of health and human
services, office of community and public health;
(b) Those lindane
products restricted by the U.S. Environmental Protection Agency pursuant to 40
CFR 152.160-152.175 shall also be restricted in New Hampshire and use shall be
limited to those uses under Pes 701.07(a); and
(c) A lindane product
shall be classified as general use, as defined by RSA 430:29 XIII-a, only when
the product is registered, and when the formulation and labeled use is as
follows:
(1) Liquid
formulations containing 20% or less lindane and
packaged in containers not exceeding one pint, for control of wood boring
insects;
(2) Paste
formulations for the control of wood boring insects, and containing 2% or less lindane and packaged in containers not exceeding 2 oz; or
(3) Pet
supplies containing one percent or less lindane
including shampoos, flea collars, flea tags and insecticides.
Source. #5590, eff 2-25-93 (From Pes 701.05); amd by #6160, eff 1-3-96; ss by
#6316, eff 8-13-96; ss by #7987, eff 1-3-04, EXPIRED:
1-3-12
New. #10489, INTERIM, eff 12-17-13, EXPIRED:
6-16-14
New. #10712, eff 11-5-14
APPENDIX
Rule |
|
Pes 701.01 - Pes 701.03 |
RSA 430:31, IV(l) |
Pes 701.01 - Pes 701.02 |
RSA 430:31, IV(l) |
Pes 701.03 |
RSA 430:31, IV(e) |
Pes 701.04 - Pes 701.05 |
RSA 430:31, IV(e) |
Pes 701.06 - Pes 701.07 |
RSA 430:31, IV(l) |