1. (a)

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

      1. (A) All other applicable federal and state laws and rules written pursuant thereto;
      2. (B) The label registered with the State of Arkansas;
      3. (C) The applicable restrictions identified for Class A; and
      4. (D) The following additional restrictions.
   2. (2) Products assigned to this class include only those products packaged in containers of more than one quart (1 qt.), labeled for agricultural use.

2. (b) Dealer requirements.

   1. (1)

      1. (A) Before selling, offering for sale, or distributing pesticides with this designation in packages of more than one quart (1 qt.), a dealer must be a licensed restricted use pesticides dealer.
      2. (B) A dealer may sell, offer for sale, or distribute only those pesticides that are registered in the state.

   2. (2)

      1. (A) Each branch of a license holding dealer which also sells or distributes these products must have a dealer’s license.
      2. (B) Firms or distributors who take orders for these products must secure a dealer’s license, even though the order is placed with a dealer or manufacturer who holds a license, and even though no profit is made.

   3. (3)

      1. (A) Dealers must keep a record of each sale or distribution of products with this designation to commercial, noncommercial, private applicators, or dealers in containers of more than one quart (1 qt.) on forms available from or approved by the State Plant Board.
      2. (B) Entries in the record shall be made at the time of sale or distribution and shall include the:

3. (i) Date of the purchase;

   1. (ii) Name, address, and license or permit number of the purchaser; and

      1. (iii) Name and address of the delivery location.
      2. (C) The complete brand name and quantity of the product shall also be recorded.

      3. (D) These records shall be:

         1. (i) Kept by the dealer for two (2) years from the date of sale; and
         2. (ii) Made available for inspection by the board or its representative upon request.

   2. (4)

      1. (A) The sale or distribution of products with this classification in containers of more than one quart (1 qt.) to any firm or person other than a dealer or applicator holding a current and valid license or permit is prohibited.
      2. (B) Dealer must have a copy of the applicator’s license on file.

   3. (5) Nonresidents of Arkansas shall designate and maintain a resident agent in this state for service of process.

      1. (c) Requirements for commercial, noncommercial, and private application of dicamba-containing pesticides.

   4. (1) From July 1 through October 31 of each year, applications of products labeled for agriculture use that contain dicamba are prohibited except applications made for:

      1. (A) Turf, ornamental, direct injection for forestry activities and home use are allowed year round; and

      2. (B)

         1. (i) Pasture and rangeland are allowed year round.
         2. (ii) However, such applications must maintain buffers required in subdivision (c)(2) of this section.

   5. (2) From April 16 through June 30, all applications for in-crop agricultural use:

      1. (A) Must maintain a one-mile buffer, in all directions, from University of Arkansas and United States Department of Agriculture research stations;
      2. (B) Are prohibited from using tank mixes of products containing the active ingredient glyphosate mixed with pesticides containing the active ingredient dicamba labeled for in-crop use; and
      3. (C) During application, a one-fourth-mile buffer zone in all directions from non-dicamba-tolerant crops must be maintained and one-half-mile for all certified organic crops and commercially grown specialty crops (defined as a minimum of one thousand (1,000) plants or the average annual crop sales for the previous three (3) years exceeding twenty-five thousand dollars ($25,000).

   6. (3) From April 16 through October 31, applications of pesticides labeled for agricultural use that contain the active ingredient dicamba are prohibited for preplant (burndown) applications except:

      1. (A) From April 16 through June 30, pesticides labeled for in-crop agricultural use, by ground, that contain the active ingredient dicamba and allow for the preplant (burndown) applications may be applied; and
      2. (B) Such applications must maintain the requirements of buffers required in subdivision (b)(2) of this section.

   7. (4) Training requirements.

      1. (A)

         1. (i) Applications of products with this classification to dicamba-tolerant crops shall not be made without commercial, noncommercial, and private applicator first completing dicamba-specific training provided by a registrant of a dicamba product for use on dicamba-tolerant crops.
         2. (ii) Upon request, proof of training must be provided to the board.

      2. (B)

         1. (i) Applications of products with this classification to nondicamba crops or pasture and rangeland shall not be made without commercial, noncommercial, and private applicators first completing new technology certification training.
         2. (ii) New technology certification training must be obtained through the University of Arkansas Cooperative Extension Service.
         3. (iii) Upon request, proof of training must be provided to the board.
      3. (C) Applicators must provide the proof of training required by subdivision (b)(4) of this section to pesticide dealers prior to purchase.

   8. (5) Record keeping requirements.

      1. (A) Applicators must maintain records of each application of products with this designation.

      2. (B) Said records must be:

         1. (i) Retained for a period of three (3) years; and
         2. (ii) Available for inspection by a board representative.

      3. (C) The records shall include at a minimum the following information:

         1. (i) Name and address of the person or persons in control of the crops, plant, etc;
         2. (ii)
4. (a) (a) Location of the crop, plants, etc. treated.

5. (b) (b) Location description must include:

   1. (1) (1) County;
   2. (2) (2) Nearest town;
   3. (3) (3) Physical address, if available; and

   4. (4) (4) GPS reading or map coordinates of the primary entrance to the field;

      1. (iii) Date, start time, and ending time of the application;

         1. (iv)
6. (a) (a) Wind speed and direction at the start time and ending time of the application and type of instrument used to measure wind speed and direction.

7. (b) (b) The location of instrument at time of reading (preferably “field of application”) must also be recorded;

   1. (v) Complete brand name and United States Environmental Protection Agency registration number of the material used;

      1. (vi) Number of acres and type of crop to which the material was applied;

         1. (vii) (a) Type of equipment used.

8. (b) (b) If the product was applied by a commercial applicator, record the firm’s application equipment number assigned to the equipment used by the board; and

   1. (viii) Name of the application vehicle operator.

      1. (d) Exemptions.

   2. (1) The licensing requirements of this part do not apply to:

      1. (A) The United States Department of Agriculture, the University of Arkansas experiment stations, and other state or federal agencies;
      2. (B) Ornamental and turf weed control;
      3. (C) Company demonstrations with ground equipment; or
      4. (D) Sales of fertilizer, soil conditioners, or similar products containing registered products with this designation and packaged for home use.
   3. (2) Products with the designation that are not designated as restricted use products by the United States Environmental Protection Agency may be purchased from an Arkansas pesticide dealer for use outside the State of Arkansas without the dealer having to have a dealer’s license or the purchaser having an applicator’s license.
   4. (3) Commercial, noncommercial, and private applicators that can provide proof of current certification and licensing from another state may purchase restricted use pesticides from a restricted use pesticide dealer licensed in Arkansas if the product is to be used outside of Arkansas.

Codification Notes: “GPS” means global positioning system.