1. A. Seller violations. It is a de minimis violation if a seller:

   1. 1. Fails to record seller and PGP numbers on containers, cartons, and delivery tickets;
   2. 2. Fails to register the seller’s responsible individual; or
   3. 3. Fails to maintain complete records as required under Articles 2 through 4 of this Chapter.

2. B. PCA violations. It is a de minimis violation if a PCA:

   1. 1. Fails to put recommendations in writing as prescribed at R3-3-302(A),
   2. 2. Fails to provide complete information required on written recommendations under R3-3-302,
   3. 3. Fails to maintain complete records as required under Articles 2 through 4 of this Chapter, or
   4. 4. Fails to obtain CEU credits pertinent to the categories license renewal is sought.

3. C. Custom applicator violations. It is a de minimis violation if a custom applicator:

   1. 1. Fails to maintain complete records required under Articles 2 through 4 of this Chapter, or
   2. 2. Fails to file reports as required under Articles 3 and 4 of this Chapter.

4. D. Regulated grower violations. It is a de minimis violation if a regulated grower:

   1. 1. Fails to maintain complete records as required under Articles 2 through 4 of this Chapter; or
   2. 2. Fails to file reports as required under Article 4 of this Chapter including whether the application includes a pesticide containing an active ingredient that appears on the ADEQ groundwater protection list, and is soil-applied, as defined in A.A.C. R18-6-301.

5. E. Certified applicator violations. A certified applicator shall not:

   1. 1. Fail to file reports as required under Articles 3 and 4 of this Chapter; or
   2. 2. Fail to obtain CEU credits pertinent to the categories that certification renewal is sought.
6. F. A third de minimis violation in a three-year period is a nonserious violation.

7. G. Exemptions. The following incidents are not a violation under this Section:

   1. 1. Exposure of an individual involved in the application who is wearing proper protective clothing and equipment;
   2. 2. Exposure of an unknown trespassing individual, animal, or property that the applicator, working in a prudent manner, could not anticipate being at the application site; or
   3. 3. Exposure of a person, animal, or property if the application is made according to a government-sponsored emergency program.

Historical Note

Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-503 (Supp. 91-4). Amended by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1). Amended by final rulemaking at 30 A.A.R. 89 (January 19, 2024), effective March 4, 2024 (Supp. 24-1).