1. (a) Products with this designation shall be used in accordance with:

   1. (1) All other applicable federal or state laws and the rules written pursuant thereto;
   2. (2) The label registered with the State of Arkansas;
   3. (3) The applicable requirements identified for Class A, Class B, Class C, Class D, and Class E; and
   4. (4) The following additional restrictions.
2. (b) Dealers may not store or transport products with this designation in the same room or vehicle with seeds, other pesticides that do not have this designation, or fertilizers, except in leak-proof containers not to be opened while in storage, and must observe all other precautions necessary to prevent contamination of these products.
3. (c) The use of esters of the products with this designation, except low-volatile esters, is prohibited.
4. (d) No product with this designation may be applied within one-fourth (1/4) mile of susceptible crops at any time except as otherwise indicated by this part.

5. (e) From April 16 through September 15 of each year, the following conditions shall apply:

   1. (1) Pesticides labeled for agricultural use that contain the active ingredient or ingredients assigned to this class, may not be applied by ground or air in Clay, Greene, Craighead, Poinsett, Cross, Crittenden, St. Francis, Lee, Phillips, and Mississippi counties;

   2. (2)

      1. (A) Where no viable alternative is believed to exist, an annual permit may be obtained from the State Plant Board to allow an exemption to these restrictions.
      2. (B) Said permit must be obtained prior to application and will require a permit application fee in the amount of one hundred dollars ($100).
      3. (C) The application for the permit must be on forms authorized by the board.
      4. (D) This exemption is conditioned on the producer complying with the following requirements:

6. (i) The permitee must have the permit in his or her possession prior to making the application and it must be made available to the board or its designee upon request;

   1. (ii) For each application the following information must be recorded:
7. (a) (a) A physical description of the location of the field;

8. (b) (b) Date of the application;

   1. (c) (c) Start time and stop time for each load applied to the field;

      1. (d)
   2. (1) (d)(1) Wind speed (may not be less than two miles per hour (2 m.p.h.), wind direction, ambient temperature, and precipitation condition at ten-minute intervals during the application of each load.
   3. (2) (2) Said measurements must be made at the field of application; and

9. (e) (e) The producer must be present during the application and sign the document containing the information;

   1. (iii) The above information must be filed with the board’s Pesticide Section along with a GPS map of the application to the field within ten (10) days of the date of application;

      1. (iv) Applications made within four (4) miles of susceptible crops (defined as cotton when applying 2,4-D) must be done when the wind is blowing at least two miles per hour (2 m.p.h.) away from the susceptible crop;

         1. (v)
10. (a) (a) Rice levee spraying shall not require a permit in Cross, Poinsett, Clay, Greene, Craighead, Crittenden, St. Francis, Lee, Phillips, and Mississippi counties west of the approximate north-south center line of Crowley’s Ridge.

11. (b) (b) However, subdivisions (e)(2)(D)(ii)(a) – (e) and (e)(2)(D)(iv) of this section must be complied with.

    1. (c) (c) The records for each application must be maintained by the producer for a period of three (3) years and be made available to the board upon request by a board representative.

       1. (d) (d) The application device must:
    2. (1) (1) Generate a spray with a droplet spectrum such that no more than ten percent (10%) of the spray droplets are smaller than three hundred (300) microns;
    3. (2) (2) The boom width may not exceed ten feet (10’);
    4. (3) (3) During application, the spray nozzle height may not exceed thirty inches (30”) above the top of the levee; and
    5. (4) (4) The spray vehicle may not exceed eight miles per hour (8 m.p.h.).

12. (e) (e) No 2,4-D esters may be used;

    1. (3) In the remainder of the state, the following conditions shall apply:

       1. (A) A buffer zone between the field to be treated and susceptible crops (susceptible crop is cotton when applying 2,4-D containing products) of four (4) miles for aerial application and one (1) mile for ground application shall be maintained;
       2. (B) Applications made within four (4) miles of susceptible crops must be done when the wind is blowing at least two miles (2 m.p.h.) per hour away from the susceptible crop; and

       3. (C)

          1. (i) Applications may be made within the applicable buffer zones if the owner or supervisor of the sprayed or treated field has obtained a waiver from the producers of all susceptible crops within the buffer zone.
          2. (ii) The waiver shall be developed by the board and provided to said producers by the owner or supervisor of the sprayed or treated field.
          3. (iii) A copy of the waiver must be provided to the applicator who sprays or treats the field.
          4. (iv) The applicator shall retain the record for a period of three (3) years.
          5. (v) When making an application within the applicable buffer zone, at the time of application, the wind must be blowing away from susceptible crops; and

    2. (4)

       1. (A) Failure to comply with the requirements for a Class F product when using a Class F product will result in enforcement action being taken against the producer and the applicator in accordance with the board’s penalty matrix.
       2. (B) Any penalty mandated by the penalty matrix may have additional civil penalty added to it to bring the amount of the assessment up to the maximum amount allowed by law.

13. (f)

    1. (1) Any custom applicator who violates the buffer zones defined in subsection (e) of this section shall be subject to a civil penalty as prescribed by the penalty matrix for the violation plus one thousand dollars ($1,000).
    2. (2) However, the total civil penalty for one (1) violation may not exceed two thousand dollars ($2,000).
    3. (3) Failure to comply with the decontamination requirements of 2 CAR § 70-110(c)(3)(I) before making an application of a product with a Class A, Class B, Class C, or Class D designation inside a designated buffer zone for Class E and Class F products will be considered a buffer zone violation.

14. (g)

    1. (1) Products with this designation shall be applied in accordance with the application equipment set-up required for herbicide applications to field crops itemized in the rules written pursuant the Pesticide Use and Application Act, Arkansas Code § 20-20-201 et seq., as amended.

    2. (2) Except that these conditions will apply, in addition to field crops, to:

       1. (A) Pastures;
       2. (B) Rights-of-way;
       3. (C) Drainage ditches; and
       4. (D) Brush and forest land.

15. (h) The wind velocity during the application shall not exceed eight miles per hour (8 m.p.h.), and the temperature may not exceed ninety degrees Fahrenheit (90˚ F).

    1. (i)

    2. (1) Applications of products with this classification shall not be made unless the following condition exists:

       1. (A)

          1. (i) For applications made before noon, the air temperature at the field of application at the beginning of the application must be a minimum of three degrees Fahrenheit (3˚ F) above the morning low measured at the applicator’s air strip or mixing/loading facility.
          2. (ii) If the applicator has knowledge that the temperature measurement at his or her air strip or mixing/loading facility would not be the same as a reading taken at the same time at the field of application, then all temperature readings must be taken at the field of application; and

       2. (B)

          1. (i) For applications made after noon, the temperature at the field of application must not have decreased more than five degrees Fahrenheit (5˚ F) from the afternoon high measured at the applicator’s air strip or mixing/loading facility.
          2. (ii) If the applicator has knowledge that the temperature measurement at his or her air strip or mixing/loading facility would not be the same as a reading taken at the same time at the field of application, then all temperature readings must be taken at the field of application.
    3. (2) All temperature measurements referenced above must be maintained by the grower as well as the applicator and be made available to the board upon request.

16. (j) Enlist exemption.

    1. (1)

       1. (A) Dow Agro-Sciences’ products identified as Enlist One and Enlist Duo - premix of glyphosate and 2,4-D choline may be used on Enlist Weed Control System:

          1. (i) Soybeans;
          2. (ii) Cotton; and
          3. (iii) Corn.

       2. (B) All board restrictions on 2,4-D containing products will apply except the following:

          1. (i) 2 CAR § 70-111(d);
          2. (ii) 2 CAR § 70-111(e)(1);
          3. (iii) 2 CAR § 70-111(e)(2);
          4. (iv) 2 CAR § 70-111(e)(3); and
          5. (v) 2 CAR § 70-111(h); and
       3. (C) The application window in 2 CAR § 70-111(e) shall not apply.

    2. (2) In addition to all product label requirements, the following conditions apply:

       1. (A) At the time of application, the wind must be blowing away from adjacent sensitive areas and nontarget susceptible crops as identified by the product label;
       2. (B) The wind speed during the application may not exceed ten miles per hour (10 m.p.h.);
       3. (C) The volume median diameter (VMD) of the spray droplets must be greater than three hundred (300) microns; and

       4. (D)

          1. (i) Tank mixes will not be permitted unless research data, from a source acceptable to the board, is provided.
          2. (ii) This data must prove that the mix, when applied according to the product label and state restrictions, does not increase the driftable fines (those less than two hundred (200) microns) by more than ten percent (10%) over that of the product alone.
          3. (iii) However, there will be a limit of no more than ten percent (10%) of the total mix’s droplets to be smaller than two hundred (200) microns.
          4. (iv) This tank mix requirement may be waived in part or in whole by the board if no entity can be identified as an acceptable source for development of the data.
          5. (v) Where the product label is more restrictive than the board’s restrictions, then the label must be complied with.

    3. (3)

       1. (A) Ground applications of products with this classification shall not be made to Enlist seed technologies without commercial, noncommercial, and private applicators first completing new technology certification training.
       2. (B) New technology certification training must be obtained through the University of Arkansas Cooperative Extension Service.
       3. (C) Upon request proof of training must be provided to the board.

Codification Notes: “GPS” means global positioning system.