21.17.50 NMAC

TITLE 21 AGRICULTURE AND RANCHING

CHAPTER 17 PEST, DISEASE, AND WEED CONTROL

PART 50 PESTICIDES

21.17.50.1 ISSUING AGENCY: New Mexico State University, New Mexico Department of Agriculture

[7/1/97; 21.17.50.1 NMAC - Rn, 21 NMAC 17.50.1, 11/30/05; A, 5/29/09]

[MSC 3189, Box 30005, Las Cruces, New Mexico 88003-8005, Telephone No. (575) 646-3007.]

21.17.50.2 SCOPE: Part 50 shall apply to all persons regulated under the Pesticide Control Act, including but not limited to private applicators, commercial applicators, non-commercial applicators, public applicators, pest management consultants, pesticide dealers and pesticide manufacturers, and to all activities relating to the distribution and use of pesticides.

[7/1/97; 21.17.50.2 NMAC - Rn, 21 NMAC 17.50.2, 11/30/05]

21.17.50.3 STATUTORY AUTHORITY: Granted to the board of regents of New Mexico state university under the New Mexico Pesticide Control Act, Chapter 76, Article 4, Sections 1 through 39, NMSA 1978 Compilation.

[7/1/97; 21.17.50.3 NMAC - Rn, 21 NMAC 17.50.3, 11/30/05]

21.17.50.4 DURATION: Permanent.

[7/1/97; 21.17.50.4 NMAC - Rn, 21 NMAC 17.50.4, 11/30/05]

21.17.50.5 EFFECTIVE DATE: July 1, 1997

[7/1/97; 21.17.50.5 NMAC - Rn, 21 NMAC 17.50.5, 11/30/05]

21.17.50.6 OBJECTIVE: The objective of Part 50 of Chapter 17 is to set criteria for the use of pesticides in New Mexico, including the licensing and certification of pesticide applicators, record keeping, equipment inspection, storage and disposal of pesticides.

[7/1/97; 21.17.50.6 NMAC - Rn, 21 NMAC 17.50.6, 11/30/05]

21.17.50.7 DEFINITIONS:

A. "Active ingredient" means any ingredient which will prevent, destroy, repel, control or mitigate a pest or which will act as a regulator, defoliant or desiccant.

B. "Aircraft" means any fixed-wing aerial equipment or helicopter used to apply pesticides.

C. "Antidote" means a practical treatment in case of poisoning and includes first-aid treatment.

D. "Bait" means an edible material containing a pesticide attractive to a pest.

E. "Beneficial insect" means any insect which, during its life cycle, is an effective pollinator of plants, is a parasite or predator of pests, or is an insect that provides useful products.

F. "Certified applicator" means any person who has complied with the certification requirements established by the department to use or supervise the use of any pesticide covered by a valid license issued by the department.

G. "Competent" means properly qualified to perform functions associated with pesticide application and/or use, the degree of capability required being directly related to the nature of the activity and the associated responsibility.

H. "Defoliant" means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission.

I. "Desiccant" means any substance or mixture of substances intended for artificially accelerating the drying of plant tissue.

J. "Direct supervision" means verifiable instruction to a competent person as follows:

(1) detailed guidance for applying and/or using the pesticide properly; and

(2) provisions for contacting the certified applicator in the event he is needed; or

(3) actual physical presence of a certified applicator when required by the label.

K. "Disposal" means to abandon, deposit, inter, or otherwise discard of waste as a final action after its use has been achieved or a use is no longer intended.

L. "Fungus" means any non-chlorophyll-bearing thallophyte (that is, any non-chlorophyll-bearing plant of a lower order than mosses and liverworts) as, for example, rust, smut, mildew, mold and yeast, except those on or in processed food, beverages, or pharmaceuticals.

M. "Ground equipment" means any equipment used to supply pesticides that is operated on the ground and is self-propelled, or is mounted, drawn, or transported by a tractor, truck or other vehicle, and that is:

(1) gravity fed;

(2) mechanically driven by chain, gears or belts; or

(3) obtains power or pressure from a power-take-off or engine.

N. "Hazardous pesticide waste" means any pesticide waste in a concentration or quantity, or a waste pesticide container which the board declares to be hazardous to the public health and safety, domestic livestock or wildlife or property.

O. "Illegal residue" means the amount of pesticide remaining in or on food or feed crops and crop by-products, or in meat, meat by-products, or in the fat or milk of animals in excess of tolerances established by the U.S. environmental protection agency (EPA).

P. "Inert ingredient" means any ingredient which has no active properties.

Q. "Manual equipment" means any pressurized or electrically operated equipment (excluding hand-sized pressurized containers containing pesticides) used to apply pesticides that is carried or drawn as a complete unit by the person who applies the pesticide.

R. "Open burning" means the combustion of pesticide waste in any fashion other than by incineration in an incinerator approved and permitted by the New Mexico environment department and designed for that waste.

S. "Open dumping" means the placing of pesticide waste in a land site other than a sanitary landfill as defined herein.

T. "Operator technician" means any person who uses any pesticide as an employee of a commercial applicator.

U. "Permit" means a written certificate of authority issued by the department to use or apply pesticides.

V. "Pest" means any living organism injurious to other living organisms (except man and viruses, bacteria, or other microorganisms in or on other living organisms other than plants) that is a vector of a disease, or is a parasite on another organism and includes, but is not limited to, organisms in the phyla, Platyhelminthes (flatworms, flukes, tapeworms), Nemathelminthes (roundworms), Mollusca (snails), Annelida (earthworms), Arthropoda (centipedes, millipedes, spiders, mites, ticks, insects) and Chordata (fish, amphibians, reptiles, birds, mammals, excluding man).

W. "Pest control operator" means a commercial applicator certified in one or more of the license classification(s) 7A, 7B, 7C, or 7D of Paragraphs (10) through (13) of Subsection B of 21.17.50.8 NMAC.

X. "Pesticide waste" means any active or inert ingredient, or any combination thereof, of a labeled pesticide in either its packaged concentration or diluted for use which is intended for disposal. The term "pesticide waste" does not include any pesticide packaged in a form suitable for use in the household, or for agricultural use by a farmer or rancher.

Y. "Plant regulator" means any substance or mixture of substances, intended, through physiological action, for accelerating or retarding the rate of growth or rate of maturation, or for otherwise altering the behavior of ornamental or crop plants or the produce thereof but shall not include substances to the extent that they are intended as fertilizers, such as plant nutrients, trace elements, nutritional chemicals, plant inoculants or soil amendments.

Z. "Protective equipment" means clothing, respirators, goggles or other equipment or materials used to shield an applicator against unintended exposure to pesticides.

AA. "Public pest management consultant" means any individual who is employed by a governmental agency or municipality and who offers or supplies technical advice or makes recommendations to a user of restricted-use pesticides.

BB. "Sanitary landfill" means a land site for the disposal of wastes as specified under the environmental improvement board's solid waste management regulations in such a manner so as to preclude hazards to public health and safety, domestic livestock or wildlife, and loss of property by utilizing the principles of engineering to confine the wastes to the smallest practical area and to cover with soil.

CC. "Service container" means any container utilized to hold, store or transport a pesticide concentrate or a pesticide use-dilution preparation other than 1) the original labeled container provided by the manufacturer or 2) the application equipment. Containers used for waste pesticides are not deemed to be service containers.

DD. "Service vehicle" means any vehicle used to transport pesticide application equipment, or use-dilution preparation to the application site.

EE. "Use-dilution preparation" means a pesticide preparation which is mixed with a diluent and at a rate specified on the label or labeling which produces the concentration of the pesticide provided on the registered label or labeling.

FF. "Waste pesticide container" means any container intended for disposal which formerly held pesticides.

GG. "Water dumping" means the disposal of pesticide waste in or on lakes, ponds, rivers, sewers, arroyos or any watercourse, except properly designed and constructed manmade facilities approved by the New Mexico environmental improvement division.

HH. "Weed" means any plant which grows where not wanted.

[7/1/97; 21.17.50.7 NMAC - Rn, 21 NMAC 17.50.7, 11/30/05; A, 3/14/08]

21.17.50.8 LICENSE CATEGORIES:

A. This section delineates the license categories and the scope of operations which may be performed under each category. These license categories represent the certification examinations taken by commercial, public and non-commercial applicators, pest management consultants and public pest management consultants.

B. License category and code number:

(1) lA -- Agricultural pest control -- includes the control of insects, mites, plant, diseases, nematodes, and the use of soil fumigants, on agronomic crops.

(2) lB -- Agricultural weed control -- includes the control of undesirable plants that compete with agricultural crops for water and plant nutrients and includes the use of desiccants, fumigants and defoliants.

(3) lC -- Animal pest control -- includes spraying, dusting, dipping, or administering pesticides internally to control pests such as lice, mites, bots, fleas and flies on pets and livestock or treatment of places where animals are confined.

(4) 2-- Forest pest control -- includes the application of pesticides in forests, forest nurseries and forest seed producing areas.

(5) 3A -- Ornamental and turf pest control: insecticides and fungicides -- includes the control of insect and disease pests in the maintenance and production of ornamental trees, shrubs, flowers and turf.

(6) 3B -- Ornamental and turf pest control: herbicides -- includes the control of undesirable vegetation in the maintenance and production of ornamental trees, shrubs, flowers and turf.

(7) 4 -- Seed treatment -- includes the treatment of seeds to control insects, plant diseases and other pests.

(8) 5 -- Aquatic pest control -- includes the application of a pesticide to standing or running water to control algae, undesirable fish and other aquatic organisms, excluding public health pest control.

(9) 6 -- Right-of-way pest control -- includes the control of vegetation along public roads, electric powerlines, pipelines, railway rights-of-way, around oil well, storage areas, airports and similar areas.

(10) 7A -- Structural pest control -- includes the control of household pests, fabric pests and stored product pest.

(11) 7B -- Vertebrate animal control -- includes the control of rodents, birds, bats and predators of wildlife and domestic animals.

(12) 7C -- Fumigation -- includes the use of gases such as methyl bromide, hydrogen cyanide and phosphine to control pests in structures, railroad cars, stored grain and similar areas.

(13) 7D -- Wood destroying pest control -- includes the control of termites, carpenter ants, wood-boring or tunneling beetles, fungi and other organisms which attack lumber in structures or sawed lumber.

(14) 8 -- Public health pest control -- includes the control of mosquitoes, flies, fleas and other vectors that transmit human or animal diseases.

(15) 9 -- Regulatory pest control -- includes state, federal or other governmental employees who control regulated and/or quarantined pests.

(16) 10 -- Demonstration and research pest control -- includes:

(a) individuals who demonstrate to the public the proper use of restricted-use pesticides; or

(b) who conduct field research with pesticides.

(17) 11 -- Other -- to be assigned by the director.

[7/1/97; 21.17.50.8 NMAC - Rn, 21 NMAC 17.50.8, 11/30/05; A, 3/14/08]

21.17.50.9 EXPIRATION DATE OF LICENSES: The annual registration of pesticides and any licenses or certifications provided for in the Pesticide Control Act shall expire on the dates indicated in this section unless it has been revoked or suspended prior thereto by the director.

A. The annual pesticide or device registration shall expire on December 31 following issuance.

B. The annual pesticide dealer license shall expire on December 31 following issuance.

C. The annual pest management consultant license shall expire on December 31 following issuance.

D. The annual commercial applicator license shall expire on December 31 following issuance.

E. The annual operator/technician license shall expire on December 31 following issuance.

F. The annual non-commercial applicator license shall expire on December 31 following issuance.

G. The annual public applicator license shall expire on December 31 following issuance.

H. The annual public pest management consultant license shall expire on December 31 following issuance.

I. The private applicator certification shall expire on December 31 five years following the date of issuance.

[7/1/97; 21.17.50.9 NMAC - Rn, 21 NMAC 17.50.9, 11/30/05; A, 3/14/08]

21.17.50.10 RECORDS:

A. Each commercial applicator, non-commercial applicator and public applicator shall keep records for pesticides applied by them or persons under their direct supervision which shall include the following:

(1) name of the person for whom the pesticide was applied;

(2) target pest(s) and crop or site;

(3) year, month, day, and time the pesticide was applied;

(4) brand name or common name of the pesticide and U.S. environmental protection agency registration number(s) of the pesticide(s);

(5) direction and estimated velocity of the wind and the temperature at the application site at the time the pesticide was applied; this requirement shall not apply to application of baits in bait stations or pesticide applications in or immediately adjacent to structures;

(6) concentration of the pesticide(s) applied; example: pounds, ounces or pints of pesticide formulation per gallon applied;

(7) volume of use-dilution preparation applied, if applied in categories lA, lB, 2, 3A, 3B, 5, 6, 7D and 8 as defined in Section 8;

(8) location of the land or city address to which pesticide was applied;

(9) if applicable, all aircraft identification numbers;

(10) name and address of the business or agency and the name of the individual making the application.

B. Pesticide application records shall be completed and available to the department within twenty-four (24) hours after the pesticide is applied.

C. Pesticide application records shall be kept for a period of two (2) years from the date of the application of any pesticide. Upon request, in writing, the department shall be furnished with a copy of these records.

D. Upon written request, the customer shall be provided with a record of each application of pesticide applied to his land which includes all information given under Subsection A of 21.17.50.10 NMAC.

E. Holders of private applicator licenses for M-44 sodium cyanide capsules shall submit to the director by September 15, their field records on the use of the M-44 capsules for the preceding period of September 1 through August 31.

[7/1/97; 21.17.50.10 NMAC - Rn, 21 NMAC 17.50.10, 11/30/05]

21.17.50.11 INSPECTION AND CARE OF EQUIPMENT:

A. Equipment used for applying pesticides by a commercial applicator shall be kept in good mechanical condition. Parts that show signs of wear or malfunction shall be replaced to prevent leakage and to assure uniform dispersal of the pesticide. Equipment, where applicable, shall be calibrated accurately to dispense the prescribed amount of pesticide. Hoses or parts not suitable or not intended for use on spray equipment shall not be used.

B. Equipment to be licensed shall be inspected for, but not limited to, the following:

(1) nozzle condition and function;

(2) suitable type of hose;

(3) tank condition;

(4) hose and pipe connections and condition;

(5) proper functioning of pressure regulators, if equipped;

(6) proper functioning of emergency dump valve;

(7) proper functioning of pump;

(8) decal or license plate affixed to the equipment.

C. When the same equipment is used to apply different types of pesticides, it shall be cleaned thoroughly if:

(1) an insecticide is used following the use of a herbicide or defoliant; or

(2) residue from material used previously is not compatible with other pesticides to be used; or

(3) a pesticide has been used that would cause an illegal residue on cultivated crops or processed food.

D. Equipment shall be cleaned in a manner that no residues remain that will cause injury to land, humans, desirable plants or animals when making subsequent application of pesticides.

E. A uniform mixture shall be maintained in the equipment at all times while applying pesticides.

F. Pesticides that remain in spray equipment after a job is completed, and for which no further legal use is intended, shall be disposed of in a manner and location that would not cause unreasonable adverse effects on the environment. Pesticides from any equipment shall not be dumped along public highways, into streams, or at any location that would cause unreasonable adverse effects on the environment.

G. Bait boxes and watering stations placed by commercial applicators, non-commercial applicators, and public applicators shall be legibly marked with the business name of the commercial applicator or name of the public agency; the brand name or common name or chemical name of the pesticide or the active ingredient(s); the EPA registration number; and the phone number of the New Mexico poison control center in Albuquerque, New Mexico (1-800-432-6866).

H. In food handling establishments rodenticides shall be placed in bait boxes or watering stations marked with the information required in Subsection G of 21.17.50.11 NMAC.

I. Service containers shall have affixed to them a legible label with the common name of the active ingredient(s) or the brand name of pesticide contained therein.

J. Securing pesticides and equipment on service vehicles: any container or portable application equipment containing pesticides or pesticide residues shall not be left unattended on a service vehicle unless the container or equipment is in a locked compartment or secured in such a manner so as to render it inaccessible to an unauthorized person.

[7/1/97; 21.17.50.11 NMAC - Rn, 21 NMAC 17.50.11, 11/30/05]

21.17.50.12 PROTECTIVE EQUIPMENT: All licensed certified applicators shall be required to make available protective equipment properly decontaminated and in proper working order, and advise their employees of its use to meet the safety requirements of the pesticide labeling.

[7/1/97; 21.17.50.12 NMAC - Rn, 21 NMAC 17.50.12, 11/30/05]

21.17.50.13 APPLICATION OF PESTICIDES:

A. A licensed certified applicator shall apply only those pesticides registered for use in New Mexico under his license category(s). Any person applying pesticides shall follow directions, rates and precautions stated on the approved label and labeling. Application or use of a pesticide in a manner inconsistent with the directions on the approved label and labeling shall constitute an illegal use of the pesticide. Restricted-use pesticides shall be applied only by licensed certified applicators or persons under their direct supervision.

B. If a commercial pesticide applicator uses a liability insurance policy as proof of financial responsibility, the applicator shall not apply pesticides exempted in the policy.

[7/1/97; 21.17.50.13 NMAC - Rn, 21 NMAC 17.50.13, 11/30/05; A, 3/14/08]

21.17.50.14 CHANGE OF BUSINESS STATUS:

A. Any person issued a license under the Pesticide Control Act shall within ten (10) days notify the director in writing of any change of:

(1) employment;

(2) ownership of the firm;

(3) the business firm name, address or any pertinent data on his application;

(4) licensed employees.

B. Licenses issued under the New Mexico Pesticide Control Act are nontransferable.

[7/1/97; 21.17.50.14 NMAC - Rn, 21 NMAC 17.50.14, 11/30/05]

21.17.50.15 DISPLAY AND STORAGE OF PESTICIDES:

A. Pesticides intended for distribution or sale shall be displayed or stored within an enclosed building or fenced area and shall not be displayed on sidewalks, parking lots or similar open areas.

B. Pesticides shall be stored in a manner that will reasonably insure that human foods, pet foods, drugs, animal feeds, commercial fertilizers, seeds or clothing will not be contaminated.

C. Pesticides in leaking, broken, corroded or otherwise damaged containers or with damaged or obscured labels, shall not be displayed or offered for sale.

[7/1/97; 21.17.50.15 NMAC - Rn, 21 NMAC 17.50.15, 11/30/05]

21.17.50.16 IDENTIFICATION OF VEHICLES:

A. All service vehicles used by a commercial applicator for distributing pesticides or devices shall be marked with:

(1) name of the firm;

(2) commercial applicator's license number.

B. All letters and numerals shall be of bold lettering at least one and one-half (1-1/2) inches high with a contrasting color as background. Markings shall be visible on both the right and left side of the service vehicle.

[7/1/97; 21.17.50.16 NMAC - Rn, 21 NMAC 17.50.16, 11/30/05]

21.17.50.17 PESTICIDE DEALERS:

A. Each applicant for a pesticide dealer license for outlets within New Mexico shall provide adequate facilities for the storage and distribution of restricted-use pesticides.

B. Each pesticide dealer shall keep a record of the sale of all restricted-use pesticides. Information to be recorded shall include:

(1) name and license number of the certified applicator;

(2) date of sale;

(3) brand name of the pesticide product and its EPA registration number;

(4) quantity of restricted-use pesticide sold.

C. A pesticide dealer license shall be, in addition to any other license or permit, required by law for offering or supplying technical advice, supervision or aid or making a recommendation to the user of highly toxic pesticides, restricted use pesticides, or both, by a dealer or his employees.

D. It shall be unlawful for a pesticide dealer to knowingly sell any restricted-use pesticide to any person who is not a licensed certified applicator, provided individuals under the direct supervision of a certified applicator may receive and transport restricted-use pesticides for a certified applicator.

[7/1/97; 21.17.50.17 NMAC - Rn, 21 NMAC 17.50.17, 11/30/05]

21.17.50.18 LICENSE APPLICATION AND EXAMINATION: CERTIFICATION AND LICENSING:

A. The applicant may elect to be examined in one or more of the classifications of pest control shown on the application. The examination fee, if applicable, shall be paid prior to administering any examination. If the applicant fails to pass any required examination, he may request, to take such failed examination at another date provided an additional examination fee, if applicable, is paid. A grade of seventy (70) shall be passing on all examinations.

B. If an applicant has not completed all license requirements within sixty (60) days from the date of the original application, then said applicant will be subject to the fees and requirements of a new applicant.

C. The director shall not consider any license application by any individual during the effective period of the license suspension or revocation of any license issued under the Pesticide Control Act.

[7/1/97; 21.17.50.18 NMAC - Rn, 21 NMAC 17.50.18, 11/30/05; A, 3/14/08]

21.17.50.19 REVIEW OF CERTIFICATION AND LICENSES: The director may review any certification, license, or permit to determine if there are grounds for denial, suspension, or revocation action. A review shall be warranted in the case of:

A. violation of some provision of the Pesticide Control Act or regulations promulgated thereunder;

B. criminal conviction under Section 14(b) of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), as amended;

C. a final order imposing civil penalty under Section 14(a) of amended FIFRA;

D. certification obtained by cheating on an examination or providing false information about attendance or completion of required training or continuing education;

E. a license is obtained or utilized for reasons other than the intended purpose of allowing purchase or use of pesticides as required under the New Mexico Pesticide Control Act or regulations promulgated thereunder.

[7/1/97; 21.17.50.19 NMAC - Rn, 21 NMAC 17.50.19, 11/30/05; A, 3/14/08]

21.17.50.20 OPERATOR/TECHNICIAN TRAINING PERMITS: A new employee of a licensed commercial applicator may work up to sixty (60) calendar days under a operator/technician training permit provided another commercial applicator or technician licensed in New Mexico at least 6 months is present on the application site. Prior to expiration of the operator/technician training permit, permittees shall take the required examination(s). The permit shall be issued on the request of a licensed commercial applicator. The operator/technician training permit can not be extended.

[7/1/97; 21.17.50.20 NMAC - Rn, 21 NMAC 17.50.20, 11/30/05; A, 3/14/08]

21.17.50.21 PROOF OF FINANCIAL RESPONSIBILITY:

A. A commercial applicator license shall not be issued until the applicant has furnished proof of financial responsibility acceptable to the director. This requirement may be satisfied by:

(1) a certificate of liability insurance signed by an authorized insurance representative; or

(2) a certified copy of a liability insurance policy; or

(3) a surety bond.

B. Proof of financial responsibility by any means other than a certified copy of the policy shall be provided by the issuing company on forms provided by or approved by the director.

C. Proof of financial responsibility shall be clearly conditioned to cover liability resulting from the handling, storage, disposal, application, use or misuse of any pesticide.

D. The director shall be notified in writing by the issuing company ten (10) days prior to any reduction or cancellation of insurance coverage.

E. The insurer or surplus line broker shall be authorized to do business in New Mexico.

[7/1/97; 21.17.50.21 NMAC - Rn, 21 NMAC 17.50.21, 11/30/05]

21.17.50.22 MINIMUM COVERAGE REQUIREMENTS:

A. Surety bond -- $100,000.

B. Liability insurance:

(1) Aircraft.

(a) Bodily injury -- $25,000 each occurrence, $50,000 aggregate.

(b) Property damage -- $50,000 each occurrence.

(2) Ground or manual.

(a) Bodily injury -- $10,000 each occurrence -- $25,000 aggregate.

(b) Property damage -- $25,000 each occurrence.

(3) Maximum amount of deductible (if applicable) -- $1,000.

[7/1/97; 21.17.50.22 NMAC - Rn, 21 NMAC 17.50.22, 11/30/05]

21.17.50.23 STORAGE AND DISPOSAL OF PESTICIDES AND PESTICIDE WASTES:

A. Pesticide waste and pesticides intended for use by commercial pesticide applicators shall be stored in enclosed, secured areas and shall be posted with warning signs in English and Spanish.

B. Pesticide wastes, provided they are not also hazardous pesticide wastes, shall be disposed of in an approved sanitary landfill.

C. Hazardous pesticide waste shall be disposed of in a permitted hazardous waste disposal site or in a designated area of an approved sanitary landfill under the supervision of the operator; provided, the department shall have the power to disallow disposal in an approved sanitary landfill if the hazardous pesticide waste is determined to be of such a nature that disposal should only be in a permitted hazardous waste disposal site.

D. Waste pesticide containers shall be crushed or rendered non-serviceable and disposed of in an approved sanitary landfill.

E. Rinsings and waste waters from the cleaning of pesticide apparatuses which can reasonably be expected to contain pesticide contaminants shall be contained in the cleanup area and not allowed to contaminate water or neighboring land.

F. Waste pesticides from livestock dipping vats shall be placed in evaporation ponds so as to avoid contamination of any surface or ground waters.

G. Pesticide waste or waste pesticide containers shall not be disposed of by open dumping, open burning, or water dumping in the state of New Mexico.

H. No pesticide waste shall be disposed of in any sewer or storm drain.

I. No pesticide waste or waste pesticide containers shall be disposed of in a manner inconsistent with its label or labeling.

[7/1/97; 21.17.50.23 NMAC - Rn, 21 NMAC 17.50.23, 11/30/05]

21.17.50.24 VARIANCE:

A. The director may grant a variance from any provision of 21.17.50.23 NMAC under special circumstances, provided such variance does not violate other state or federal laws.

B. A request for a variance shall be made to the director in writing and shall contain such information as the department deems necessary.

[7/1/97; 21.17.50.24 NMAC - Rn, 21 NMAC 17.50.24, 11/30/05]

21.17.50.25 FEES:

A. The annual registration fee for each pesticide or device registered shall be one hundred dollars ($100.00).

B. The annual pesticide dealer license fee for each location or outlet within the state, or if there is no outlet within the state, for the principal out-of-state location or outlet, shall be seventy five dollars ($75.00).

C. The annual pest management consultant license fee shall be seventy five dollars ($75.00).

D. The annual commercial applicator license fee shall be seventy five dollars ($75.00).

E. The annual operator/agricultural pilot/serviceman license fee shall be fifty dollars ($50.00).

F. The annual non-commercial applicator license fee shall be seventy five dollars ($75.00).

G. The private applicator certification fee, or renewal thereof, shall be fifteen dollars ($15.00).

H. The fee for each additional inspection required to certify a unit of aircraft, ground or manual equipment that fails to pass inspection shall be twenty-five dollars ($25.00).

I. The examination fee for each examination needed to qualify the applicant as a pest management consultant, commercial applicator, non-commercial applicator or operator/agricultural pilot/serviceman shall be ten dollars ($10.00) per examination.

[7/1/97; 21.17.50.25 NMAC - Rn & A, 21 NMAC 17.50.25, 11/30/05, A, 11/15/10]

HISTORY OF 21.17.50 NMAC:

Pre-NMAC History: The material in this part was derived from that previously filed with the State Records Center and Archives under:

NMDA Rule 67-2, Pesticide Regulations, Regulatory Order No. 1, filed 6/12/67.

NMDA Rule 68-1, Pesticide Regulations, Regulatory Order No. 1, Amended, filed 6/12/67.

NMDA Rule 70-1, Pesticide Regulations, Regulatory Order No. 1, Section 3, filed 3/4/70.

NMDA Rule 70-2, Pesticide Regulations, Regulatory Order No. 2, filed 3/4/70.

NMDA Rule 70-3, Pesticide Regulations, Regulatory Order No. 1, filed 12/24/70.

NMDA Rule 71-4, Pesticide Regulations, Regulatory Order No. 2, filed 12/15/71.

NMDA Rule 72-2, Pesticide Regulations, Regulatory Order No. 3, filed 3/6/72.

NMDA Rule 73-8, Pesticide Regulations, Regulatory Order No. 1, filed 9/13/73.

NMDA Rule 74-5, Pesticide Regulations, Regulatory Order No. 2, filed 7/10/74.

NMDA Rule 75-5, Pesticide Regulations, Regulatory Order No. 3, filed 9/15/75.

NMDA Rule 78-3, Regulatory Order No. 4, Storage/Disposal of Pesticides, filed 9/21/78.

NMDA Rule 79-2, Regulatory Order No. 5, Definitions, Licensing, Equipment Inspections, Record Keeping of Pesticides by Regulated Applicators, filed 11/21/79.

NMDA Rule 79-4, Regulatory Order No. 7, Establishes Financial Responsibility for Commercial Applicators, filed 11/21/79.

NMDA Rule 79-5, Regulatory Order No. 8, Establishes Fee for Pesticide Registration and Licenses, filed 11/21/79.

NMDA Rule 81-2, Regulatory Order No. 10, Establishes Fee for Pesticide Registration and Licenses, filed 5/21/81.

NMDA Rule 85-4, Fees for Pesticide Registrations and Licenses, filed 8/7/85.

NMDA Rule 88-2, Fees for Pesticide Registrations and Licenses, filed 3/23/88.

History of Repealed Material: [RESERVED]