1. A. No person shall apply pesticides as a commercial applicator unless such person is:

   1. 1. licensed as required under §725 hereof;
   2. 2. employed by a person licensed as required by §725 hereof;
   3. 3. making ground applications of pesticides under the direct supervision of a person certified as a commercial applicator; or
   4. 4. certified in demonstration and research.

2. B. No person shall apply any pesticide which is not registered with the department and the EPA, provided that this restriction shall not apply to:

   1. 1. activities conducted by persons certified in demonstration and research; and
   2. 2. activities conducted under an approved experimental use permit.
3. C. No person who is required under the provisions of R.S. 3:3243 to be licensed by the commissioner shall apply pesticides with mechanically powered pesticide application equipment which does not bear a current decal affixed by the commissioner, except as provided under §725.J.
4. D. No person shall apply any ester compound of phenoxy herbicide containing an aliphatic alcohol radical with less than six carbon atoms at any location within Louisiana.
5. E. All pesticides shall be applied in accordance with label and labeling requirements.
6. F. All persons who apply pesticides aerially must be certified as commercial applicators.
7. G. No person who is required under the provisions of R.S. 3:3243 to be licensed by the commissioner may dispose of any unused portions of pesticides and/or rinsate of pesticides at any location other than a site approved by the commissioner.
8. H. Commercial pesticide applicators applying any concentrations of agricultural pesticides shall not make applications from a height of greater than 18 feet for aerial applicators and 3 feet for ground applications, above the target field crops.
9. I. No person shall make an application of any pesticide to a target site in such a manner or under such conditions that drift of the pesticide, which is avoidable through reasonable precautions, infringes on a non-target site.

Authority Note

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:3203.

Historical Note

HISTORICAL NOTE: Promulgated by the Department of Agriculture, Advisory Commission on Pesticides, LR 9:189 (April 1983), amended LR 10:196 (March 1984), amended by Department of Agriculture and Forestry, Office of Agricultural and Environmental Sciences, Advisory Commission on Pesticides, LR 37:3477 (December 2011), amended by Department of Agriculture and Forestry, Office of Agricultural and Environmental Sciences, LR 42:732 (May 2016).