CHAPTER Pes 700  SALE AND USE OF PESTICIDES

 

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 New Hampshire.

 

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; ss by #14064, eff 8-22-24

 

          Pes 701.02  Basic Requirements For the Sale and Use of Pesticides.  The sale and use of pesticides shall be prohibited or restricted as follows:

 

          (a)  All uses of pesticides restricted or prohibited by the U. S. Environmental Protection Agency shall be so classified in New Hampshire.

 

          (b)  All pesticides having labeling designating them as restricted use shall be so classified in New Hampshire.

 

          (c)  The sale and use of the compounds listed in Pes 701.04 shall be prohibited in the state of New Hampshire. No uses shall be allowed.

 

          (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; ss by #14064, eff 8-22-24

 

          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; ss by #14064, eff 8-22-24

 

          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; ss by #14064, eff 8-22-24

 

          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 not be sold to the general public and shall only be used upon issuance of a special permit by:

(1) Government agencies who have jurisdiction over federally protected birds;  

(2) Commercial pest control operators for non-protected birds; and

 

(3) Private applicators certified to use restricted use pesticides using a formulation including 0.5 percent active ingredient or less as allowed by product label;

 

          (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 New Hampshire, shall be subject to the following restrictions and conditions:

 

(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; ss by #14064, eff 8-22-24

 

          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 or concentration affected, shall be classified as restricted use:

 

Table 7.1 Restricted Use Pesticides

 

COMMON CHEMICAL NAME

USE/CONCENTRATION AFFECTED

 

 

Acetochlor

all with use requiring a 50-foot setback from private water wells

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; ss by #14064, eff 8-22-24; ss by #14333, eff 8-1-25, EXPIRES: 8-1-35

 

          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; ss by #14064, eff 8-22-24

 

APPENDIX

 

Rule

Specific State Statute the Rule Implements

Pes 701.01 – Pes 701.03

RSA 430:31, IV(l)

Pes 701.04 – Pes 701.05

RSA 430:31, IV(e)

Pes 701.06 – Pes 701.05

RSA 430:31, IV(l)

Pes 701.06

RSA 430:31,IV(e)

Pes 701.07

RSA 430:31, IV(l)