These compounds, listed by common chemical name, shall be allowed for sale and use only for the uses listed below:

1. (a) Avitrol shall not be sold to the general public and shall only be used upon issuance of a special permit by:

   1. (1) Government agencies who have jurisdiction over federally protected birds;
   2. (2) Commercial pest control operators for non-protected birds; and
   3. (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;
2. (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;
3. (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;

4. (d) Methyl Parathion Encapsulated, or any formulation thereof used in New Hampshire, shall be subject to the following restrictions and conditions:

   1. (1) Those provisions contained on the manufacturer's label;

   2. (2) Regardless of whether bees or other pollinators are known to be visiting areas to be treated, this pesticide shall not be:

      1. a. Applied to any corn crop having 10% or more of its plants with spike anthers;
      2. 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
      3. 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. (3) Use of this pesticide shall be by special permit only as follows:

      1. a. Only applicators certified under RSA 430:33 may apply for a special permit under this subparagraph;

      2. b. Individuals seeking special permits to use Methyl Parathion shall include the following information on application forms provided by the division:

         1. 1. Name and address of applicant;
         2. 2. Crops to be treated;
         3. 3. Location of application;
         4. 4. Maximum number of applications;
         5. 5. Target pests;
         6. 6. Approximate date of application; and
         7. 7. Method of notification of apiary owners;
      3. c. Special permit applications under this subparagraph shall be submitted at least 20 days prior to the intended treatment date;

      4. d. The division shall grant a special permit within 10 days of receipt of such application if the following are true:

         1. 1. The applicant has provided the information required in b. above;
         2. 2. The applicant has complied with a. and c. above;
         3. 3. The pesticide can be used without causing adverse effects on non-target organisms; and
         4. 4. The proposed use is in compliance with (d)(2) above; and
      5. 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;
5. (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;
6. (f) Sodium Arsenite, and any formulation thereof, shall be used by special permit only pursuant to Pes 505.05(b)(c) and (d);
7. (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
8. (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