CHAPTER 45
PESTICIDES
[Appeared as Ch 9, 1973 IDR]
[Prior to 7/27/88 see Agriculture Department 30—Ch 10]
DIVISION I
21—45.1(206) Definitions and standards.
	45.1(1) The following definitions are hereby adopted.
“Aerial applicator” means a licensed commercial applicator, certified in category #11, Aerial Application, who applies pesticides by using aircraft in compliance with Federal Aviation Administration regulations under Title 14 CFR Part 137 (1-1-08 Edition).
“Aerial applicator consultant” means a person who is a resident of Iowa and holds a valid applicator certification in category #11, Aerial Application, and either an Iowa commercial applicator license or pesticide dealer license, who coordinates the commercial application of pesticides by aerial applicators.
“Certified handler” means a person employed by a licensed commercial applicator, noncommercial applicator, public applicator, or pesticide dealer who handles pesticides in other than unopened containers for the purposes of preparing, mixing or loading pesticides for application by another person, repackaging bulk pesticides or disposing of pesticide-related wastes from these activities.
“Defoliant” means any substance or mixture of substances intended for causing the leaves or foliage to drop from the plant with or without causing abscission.
“Desiccant” means any substance or mixture of substances intended for artificially accelerating the drying of plant tissue.
“Fungi” means all nonchlorophyll-bearing thallophytes, that is, all noncholorophyll-bearing plants of a lower order than mosses and liverworts, as for example, rusts, smuts, mildews, molds, yeasts and bacteria except those on or in living man or other animals.
“Fungicide” means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any fungi.
“Herbicide” means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any weed or undesirable plant.
“Insect” means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class Insecta, comprising six-legged, usually winged forms, as for example, beetles, bugs, bees, flies and to other allied classes of arthropods whose members are wingless and usually have more than six legs, as for example, spiders, mites, ticks, centipedes and wood lice.
“Insecticide” means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any insects and related forms which may be present in any environment whatsoever.
“Nematocide” means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating nematodes or subterranean pests.
“Nematode” means invertebrate animals of the phylum nemathelminthes and class nematoda, that is, unsegmented round worms with elongated, fusiform or saclike bodies covered with cuticle and inhabiting soil, water, plants or plant parts; may also be called nemas or eelworms.
“Noncommercial applicator” means any person who applies restricted use pesticides on lands or property owned, rented or leased by the applicator or the applicator’s employer. This definition shall not apply to private applicators using restricted use pesticides in the production of agricultural commodities.
“Resident of Iowa,” for purposes of subrule 45.22(17), means a person who meets the following qualifications:
	1.	The person is an owner or employee of a corporation, association, partnership, company, or firm that maintains a physical place of business located within Iowa.
	2.	Agricultural aircraft owned and operated by the person are registered with the Iowa department of transportation.
“Rodent” means any animal of the order Rodentia, including, but not limited to, rats, mice, rabbits, gophers, prairie dogs and squirrels.
“Rodenticide” means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating rodents or any other vertebrate animal which the secretary shall designate to be a pest.
“Use of a pesticide contrary to its labeling” means to use any registered pesticide in a manner not permitted by the labeling provided that the phrase shall not include:
	1.	Applying a pesticide for agricultural or horticultural purposes only at any dosage, concentration or frequency less than that specified on the labeling.
	2.	Applying a pesticide for agricultural or horticultural purposes only against any target pest not specified on the labeling if the application is to the crop, animal or site specified on the labeling unless the labeling specifically states that the pesticide may be used only for the pests specified on the labeling; or
	3.	Employing any method of application not prohibited by the labeling for agricultural or horticultural purposes only.
	4.	Mixing pesticides or mixing pesticide with a fertilizer when such mixture is not prohibited by the labeling for agricultural or horticultural purposes only.
“Weed” means any plant which grows where not wanted.
“Wood-destroying insect” means subterranean termites, carpenter ants, and powder-post beetles.
	45.1(2) Additional definitions and standards which are consistent and applicable to the pesticide Act shall be those established by the Association of American Pesticide Control Officials.
This rule is intended to implement Iowa Code section 206.5 and section 206.6 as amended by 2008 Iowa Acts, House File 2551.
[ARC 7556B, IAB 2/11/09, effective 2/1/09]
21—45.2(206) Methods of analysis. The current methods of analysis of the Association of Official Analytical Chemists of North America shall be adopted as the official methods insofar as they are applicable, and such other methods shall be used as may be necessary to determine whether the product complies with the law.
21—45.3(206) Registration required. No person shall distribute, give, sell or offer to sell any pesticide which has not been registered with the department of agriculture and land stewardship.
	45.3(1) Registration fees. All pesticides distributed for sale in the state of Iowa shall be registered pursuant to Iowa Code section 206.12. The registration period shall be January 1 through December 31 of each year. The annual registration fee for each brand and grade of pesticide shall be a minimum of $250 and a maximum of $3000. Intermediate fees shall be determined by multiplying the gross dollar amount of annual sales in Iowa for each pesticide product by one-fifth of 1 percent or 0.002.
Each registrant shall submit an application for registration on forms approved by the secretary of agriculture. The registration fee for each product shall be submitted with the application for registration. Application for new or initial registrations of pesticide products shall be accompanied by the minimum registration fee of $250.
	45.3(2) Renewal fees. Pesticide product registration renewal fees shall be based on the previous year’s gross annual sales with the dollar value derived from the first level of distribution for each pesticide product sold in the state of Iowa. Each registrant shall be responsible for determining total annual Iowa sales data for each pesticide product sold in Iowa whether the pesticide product is distributed for retail sale in Iowa by a manufacturer or from a distributor or wholesaler in the state or from outside the state. Registration renewal fees for pesticide products registered for sale and use in Iowa shall be based on one-fifth of 1 percent of the dollar amount of the total sales for each pesticide product sold. Registration renewal fees shall be a minimum of $250 and a maximum of $3000 per pesticide product for each registration period.
The annual sales data for each pesticide product registered in Iowa shall be maintained on file for a minimum of three years with the registrant and shall be made available for audit upon request by the department.
	45.3(3) Exemption from minimum fee. A manufacturer or registrant of a pesticide product may file a request for an exemption to the minimum product registration fee of $250 and the secretary may grant an exemption to the minimum registration fee for a period not to exceed one year provided that at least one of the following conditions is met:
	a. 	The application is for pesticide product renewal registration; and the total annual sales in Iowa are less than $20,000; and no similar pesticides are registered in the state. A similar pesticide shall be of similar composition and labeled for a similar use pattern provided that the applicant submits a signed affidavit reflecting gross annual sales in Iowa of the pesticide produced for the previous year.
	b. 	The pesticide product is formulated or comprised of naturally occurring substances including, but not limited to, plant or animal derivatives or microorganisms, and which has an oral LD50 toxicity of 5000 milligrams per kilogram or greater.
	c. 	Pesticides registered under the authority of Section 18 of the Federal Insecticide, Fungicide, Rodenticide Act (FIFRA) for emergency, crisis or public health quarantine situations, when the secretary of agriculture initiates the application.
	d. 	Pesticides registered under the authority of Section 24(c) of FIFRA when the secretary of agriculture initiates the application.
	45.3(4) Penalty for nonregistered pesticides.
	a. 	Any pesticide distributed in Iowa which is not registered in the state shall be subject to Stop Sale, Use or Removal Order. A penalty shall be assessed the registrant equal to 25 percent of the registration fee due to the department. Upon receipt of the required registration fee due and the required penalty, the pesticide product may be released for sale in Iowa for the effective registration period.
	b. 	A manufacturer or registrant shall not be subject to penalties for nonregistered discontinued pesticide products if adequate proof can be provided to the department indicating that all distributors and retailers handling a discontinued pesticide product were properly notified.
	45.3(5) Discontinued pesticides. Discontinued pesticide product registrations shall be renewed for a minimum of two years after the product is discontinued; and the pesticide product registration renewal application shall identify discontinued products. Any registrant that discontinues registration of a pesticide product shall accept the return of any product in its original unbroken container that remains in the channels of trade after the registration expires. This subrule shall not apply to registered custom blended pesticide products.
	45.3(6) Registration renewal grace period. The registration period shall be January 1 through December 31 of each year. However, a registrant shall be granted a grace period ending on the first day of March of each year for registration renewal. A registrant shall be assessed a late fee equaling 25 percent of the registration fees due by the registrant delivering an application for registration renewal after the first day of March of each year. Application for registration renewal shall be made on forms prescribed by the secretary and certified by the registrant.
This rule is intended to implement Iowa Code section 206.12.
21—45.4(206) Registration of products. Two exact copies of the labeling of each proposed product shall be submitted with the application. Also, there shall be submitted an ingredient statement, which shall comply with the provisions of 45.13(206) herein, the proposed directions for use of the product, and a list of the specific pests, for control of which it is to be sold, if such information is not contained in the labeling. Other pertinent information concerning inert ingredients and physical properties of the product shall also be included on request by the secretary.
21—45.5(206) Registration, general application of. A registration of a pesticide is held to apply to the product even though manufactured at or shipped from other than the registered address. When a product has been registered by a manufacturer or jobber, no registration shall be required of other sellers of the product so registered, provided shipments or deliveries thereof are in the manufacturer’s or registrant’s original unopened and properly labeled container.
21—45.6(206) Revocation, suspension or denial of registration. Any of the following causes is sufficient to justify revocation or suspension of registration or denial of application of renewal of an expired/expiring registration of a pesticide.
	1.	If the labeling bears any statement, design or graphic representation relative thereto, or to its ingredients, which is false or misleading in any particular;
	2.	If the product is found to be an imitation of, or illegally offered for sale under the name of another pesticide;
	3.	If the labeling bears reference to Iowa registration number;
	4.	If the labeling accompanying the pesticide does not contain directions for use which are necessary and, if complied with, adequate for the protection of the public;
	5.	If the label does not contain a warning or caution statement which may be necessary and, if complied with, adequate to prevent injury to humans and other vertebrate animals;
	6.	If the label does not bear an ingredient statement on that part of the immediate container and on the outside container or wrapper, if there be one, through which the ingredient statement on the immediate container cannot be clearly read under customary conditions of purchase. Provided, however, the secretary may permit the ingredient statement to appear prominently on some other part of the container, if the size or form of the container makes it impracticable to place it on the part of the retail package which is displayed;
	7.	If any word, statement or other information required to appear on the label or labeling is omitted or not prominently placed thereon and in such terms as to render it likely to be read and understood under customary conditions of purchase and use;
	8.	If an insecticide, nematocide, antibiotic, bactericide, fungicide or herbicide is found to be injurious to humans or other useful vertebrate animals or to vegetation (except weeds), to which it is applied or to the person applying such pesticide when used as directed or in accordance with commonly recognized safe practice; or if a plant regulator, defoliant or desiccant when used as directed is found to be injurious to humans or other vertebrate animals or vegetation to which it is applied, or to the person applying such pesticide; provided, however, that physical or physiological effect on plants or parts thereof shall not be deemed to be injurious, when this is the purpose for which the plant regulator, defoliant or desiccant was applied in accordance with label claims and recommendations;
	9.	If the pesticide is misbranded;
	10.	If the registrant has been guilty of fraudulent and deceptive practices in the evasion or attempted evasion of the pesticide Act or any rules promulgated thereunder; provided, however, that no registration shall be revoked until the registrant shall have been given an opportunity for a hearing by the secretary.
Special local need registrations and permits. State registration of pesticides pursuant to Section 24(c) of the Federal Insecticide, Fungicide, and Rodenticide Act as amended by Public Law 92-516 October 21, 1972, Public Law 94-140 November 28, 1975, and Public Law 95-396 September 30, 1978, or any special use permit issued pursuant to revisions of the Federal Insecticide, Fungicide, and Rodenticide Act as amended by Public Law 92-516 October 21, 1972, Public Law 94-140 November 28, 1975, and Public Law 95-396 September 30, 1978, or the Pesticide Control Act, Iowa Code chapter 206, may be denied, amended or revoked when the secretary has made a determination as follows: That such action is necessary to prevent unreasonable adverse effects to humans or the environment, taking into account the economic, social and environmental costs and benefits of the use of any pesticide; or that “special local need” which necessitated the registration or permit no longer exists. Expiration of 24(c) registrations and all special use permits shall be governed by Iowa Code section 206.12.
“Special Local Need” means a pest problem (existing or likely to occur within a state) which cannot be effectively controlled because:
	(1)	There is no pesticide product registered by EPA for such use; or
	(2)	There is no EPA-registered pesticide product which, under the conditions of use within the state, would be as safe or as efficacious for such use within the terms and conditions of EPA registration; or
	(3)	An appropriate EPA-registered pesticide product is not available.
This rule is intended to implement Iowa Code sections 206.9, 206.11, and 206.12, along with the cooperative enforcement program entered into between the state of Iowa and U.S.E.P.A. pursuant to Sec.	24(c) of the Federal Insecticide, Fungicide, and Rodenticide Act amended as of September 30, 1978.
21—45.7(206) Changes in labeling or ingredient statement. Changes in the labeling or ingredient statement in registered pesticides shall be submitted in advance to the secretary for approval. The registrant must describe the exact change desired and proposed effective date and such other pertinent information that justify such changes. After the effective date of a change in labeling or ingredient statement the product shall be marketed only under the new claims or ingredient statement, except that a reasonable time may be allowed by the secretary for disposal of properly labeled stocks of the old product. Changes in the composition shall not be allowed if such changes would result in a lowering of the product’s value as a pesticide.
21—45.8(206) Label requirements. Each package of pesticide sold separately shall bear a complete label. The label shall contain the name, brand or trademark of the product; name and address of the manufacturer, registrant or person for whom manufactured; directions for use which are necessary and if complied with, adequate for protection of the public; statement of net content in terms of weight or measure in general use; and an ingredient statement. The label of every pesticide, if necessary to prevent injury to humans, other animals and useful vegetation, must contain a warning or caution statement, in nontechnical language based on the hazard involved in the use of the pesticide. In addition, any pesticide highly toxic to humans shall be labeled with a skull and crossbones and with the word “poison” prominently in red on a background of distinctly contrasting color; the first-aid antidote for the poison shall be given and instructions for safe disposal of containers.
NOTE: Products subject to deterioration may bear on their label a statement such as “not to be sold or used after....date....” The use of such a statement, however, in no way relieves the manufacturer of the responsibility for label claims.
21—45.9(206) Directions for use—when necessary. Directions for use are required whenever they are necessary for the protection of the public. The public includes not only users of pesticides but also those who handle them or may be affected by their use, handling, or storage. Directions for use are considered necessary in the case of most small retail containers which go into the hands of users, and in the case of larger containers with the following exception:
Directions may be omitted if the pesticide is to be used by manufacturers in their regular manufacturing processes; provided, the label clearly shows that the product is intended for use only in manufacturing processes and bears an ingredient statement giving the name and percentage of each of the active ingredients.
21—45.10(206) Other claims. No claim shall be made for products in any written, printed or graphic matter accompanying the product at any time which differ in substance from written representations made in connection with registration.
21—45.11(206) Name of product. The name of the product shall appear on the labeling so as not to emphasize any one ingredient or otherwise be misleading. It shall not be arranged on the label in such a manner as to be confused with other terms, trade names or legends.
21—45.12(206) Brand names, duplication of, or infringement on. A brand name is distinctive with reference to the material to which it applies and the registration of a pesticide under the same brand name by two or more manufacturers or shippers should be denied or refused. This principle applies also to the registration of brand names so similar in character as to be likely to be confused by the purchaser. In the event the same name or a closely similar one is offered by another manufacturer, the secretary may decline the said name a second time, for registration unless required to do so by an order of court.
21—45.13(206) Ingredient statement.
	45.13(1) Location of ingredient statement. The ingredient statement must appear on that part of the label displayed under customary conditions of purchase except in cases where the secretary determines that, due to the size or form of the container, a statement on that portion of the label is impractical, and permits such statement to appear on another side or panel of the label. When so permitted, the ingredient statement must be in larger type and more prominent than would otherwise be possible. The ingredient statement must run parallel with other printed matter on the panel of the label on which it appears and must be on a clear contrasting background not obscured or crowded.
	45.13(2) Names of ingredients. The well-known common name of the ingredient must be given or, if the ingredient has no common name, the correct chemical name. If there is no common name and the chemical composition is unknown or complex, the secretary may permit the use of a new or coined name which the secretary finds to be appropriate for the information and protection of the user. If the use of a new or coined name is permitted, the secretary may prescribe the terms under which it may be used. A trademark or trade name may not be used as the name of an ingredient except when it has become a common name.
	45.13(3) Percentages of ingredients. Percentages of ingredients shall be determined by weight and the sum of the percentages of the ingredients shall be one hundred. Sliding scale forms of ingredient statements shall not be used.
	45.13(4) Designation of ingredients.
	a. 	Active ingredients and inert ingredients shall be so designated, and the term “inert ingredient” shall appear in the same size type and be equally as prominent as the term “active ingredients.”
	b. 	If the name but not the percentage of each active ingredient is given, the names of the active and inert ingredients shall respectively be shown in the descending order of the percentage of each present in each classification and the name of each ingredient shall be given equal prominence.
	45.13(5) Active ingredient content. As long as a pesticide is subject to the Act the percentages of active ingredients declared in the ingredient statement shall be the percentages of such ingredients in the pesticide.
21—45.14(206) Net contents. Each package of pesticide shall show the net weight or measure of content, either stenciled or printed on the package or container, or on a tag attached thereto. Indefinite statements of content such as “. . . . oz.	when packed” shall not be used. Statements of liquid measure, or of specific gravity or density of liquid preparations, or expression of composition in terms of pounds per gallon shall be made on the basis of 68°F. (20°C.) except when other basis has been established through trade custom.
21—45.15(206) Coloration of highly toxic materials. The white powder pesticides hereinafter named shall be colored or discolored in accordance with this rule. Provided, however, that any such white powder pesticide which is intended solely for use by a textile manufacturer or commercial laundry, cleaner or dyer as a moth-proofing agent, which would not be suitable for such use if colored and which will not come into the hands of the public except when incorporated into a fabric, shall not be required to be so colored or discolored in accordance with this rule. The hues, values and chromas specified are those contained in the Munsell Book of Color, Munsell Color Company, 10 East Franklin Street, Baltimore, Maryland.
	45.15(1) The coloring agent must produce a uniformly colored product not subject to change in color beyond the minimum requirements during ordinary conditions of marketing and storage and must not cause the product to become less effective or cause damage when used as directed or in accordance with commonly recognized safe practice.
	45.15(2) Standard lead arsenate, basic lead arsenate, calcium arsenate, magnesium arsenate, zinc arsenate, zinc arsenite and barium fluosilicate shall be colored any hue, except the yellow-reds and yellows, having a value of not more than eight or a chroma of not less than four or shall be discolored to a neutral lightness value not over seven.
	45.15(3) Sodium fluoride and sodium fluosilicate shall be colored blue or green having a value of not more than eight and a chroma of not less than four or shall be discolored to a neutral lightness value not over seven.
	45.15(4) Other white powder pesticides may be required to be colored or discolored after investigation and public hearing.
	45.15(5) The secretary may permit other hues to be used for any particular purpose if the prescribed hues are not feasible for such purposes, and if such action will not be injurious to the public.
	45.15(6) The coloration requirements above shall apply to the materials named therein and not to nonhighly toxic mixtures consisting of other ingredients with highly toxic materials.
This rule is intended to implement Iowa Code section 206.11.
21—45.16(206) Illegal acts. All pesticides, whether registered or not, sold or offered for sale shall comply with the provisions of section 206.11(1) of the pesticide Act.
The secretary shall examine pesticides from time to time, and if it appears at any time that a pesticide fails to comply with any provision of the pesticide Act, notice may be given to the manufacturer or seller thereof and an opportunity to present views either orally or in writing about the alleged violation. If it then appears that the provisions of this Act have been violated, a statement of the facts may be sent to the county attorney in the county in which the violation occurred for the purpose of instituting criminal proceedings.
21—45.17(206) Guarantee of pesticide.
	45.17(1) Any manufacturer or distributor or other person residing in the United States may furnish to any person to whom it sells a pesticide a guarantee that the pesticide was lawfully registered at the time of sale and delivery to such person, and that the pesticide complies with all the requirements of the Act and rules herein.
	45.17(2) No reference to or suggestion that a guarantee of registration has been given shall be made in the labeling of any pesticide.
21—45.18(206) Shipments for experimental use. A pesticide shipped or delivered for experimental use shall not be considered a violation of section 206.11(1) of the pesticide Act.
	45.18(1) When the pesticide is shipped or delivered for experimental use under the supervision of any federal or state agency authorized by law to conduct research.
	45.18(2) By others if the pesticide is not sold and if the container thereof is plainly and conspicuously marked “For Experimental Use Only—Not To Be Sold”.
	45.18(3) Or provided that a written permit has been obtained from the secretary either specific or general subject to such restrictions or conditions as may be set forth in the permit. The application for such a permit shall contain such information as may be required by the secretary; and in addition the proposed labeling thereon shall bear (1) the prominent statement “For Experimental Use Only” on the container label; (2) a caution or warning statement which may be necessary and if complied with adequate for the protection of those who may handle or be exposed to the experimental products; (3) the name and address of the applicant; (4) the name or designation of the formulation; (5) if the pesticide is to be sold, the statement of the names and percentages of the principal active ingredients in the product.
	45.18(4) A pesticide intended for experimental use shall not be offered for general sale by a retailer or others, or advertised for general sale.
21—45.19(206) Enforcement.
	45.19(1) Collection of samples. Samples of pesticides and devices shall be collected by an official investigator or by any employee of the state who has been duly designated by the secretary, by entry into any place during reasonable business hours.
	45.19(2) Notice of apparent violation. If from an examination or analysis a pesticide appears to be in noncompliance with the pesticide Act, a written stop sale, use or removal notice will be initiated by the secretary or the secretary’s duly appointed authority. The notice shall state the manner in which the product fails to meet the requirements of the Act and the regulations and that the recipient shall be given an opportunity to offer such written explanation as the recipient may desire.
	45.19(3) Any person may obtain an opportunity to present relevant arguments or comments by submitting a written request within 20 days from the date of mailing of the notice.
	45.19(4) The secretary may suspend an applicator’s license, permit or certification pending inquiry and, after opportunity for a hearing, may deny, suspend, revoke or modify any provision of any license, permit or certification issued under this Act, upon receipt of information from the environmental protection agency that the applicator has been convicted under the criminal provision of Section 14(b) of FIFRA or has been assessed a civil penalty under Section 14(a) of FIFRA.
21—45.20(206) Hazardous rodenticides. Before the rodenticides sodium fluoracetate (1080), thallium sulfate, and phosphorous pastes are to be used by any federal, state, county, municipal, or public officers, or their deputies, employees, or agents, in their official duties in pest control; or licensed pest control operators for use in their service work; the applicator shall notify the department of agriculture and land stewardship prior to use, of: (1) The location or site where the rodenticide is to be used; (2) Date the application is to be made; and (3) The amount of hazardous rodenticide to be used. At the time of notification the licensee must give assurance that the certified applicator understands the hazards of the product, the standard operating procedures as provided by the manufacturer, and, assure the department that the certified applicator will comply with all label precautions. Failure to comply with this rule may result in the suspension or revocation of the applicator’s license.
21—45.21(206) Highly toxic. A pesticide which falls within any of the following categories when tested on laboratory animals (mice, rats and rabbits) is highly toxic to humans within the meaning of these principles:
	45.21(1) Oral toxicity. Those which produce death within 14 days in half or more than half the animals of any species at a dosage of 50 milligrams at a single dose, or less, per kilogram of body weight when administered orally to ten or more such animals of each species.
	45.21(2) Toxicity on inhalation. Those which produce death within 14 days in half or more than half of the animals of any species at a dosage of 200 parts or less by volume of the gas or vapor per million parts by volume of air when administered by continuous inhalation for one hour or less to ten or more animals of each species, provided such concentration is likely to be encountered by humans when the pesticide is used in any reasonably foreseeable manner.
	45.21(3) Toxicity by skin absorption. Those which produce death within 14 days in half or more than half of the animals (rabbits only) tested at a dosage of 200 milligrams or less per kilogram of body weight when administered by continuous contact with the bare skin for 24 hours or less to ten or more animals.
	45.21(4) Designation as highly toxic. Provided, however, that the secretary may exempt any pesticide which meets the above standard but which is not in fact highly toxic to humans, from these principles with respect to pesticides highly toxic to humans, and may after a hearing designate as highly toxic to humans any pesticide which experience has shown to be so in fact.
	45.21(5) Human data. If the secretary finds, after opportunity for hearing that available data on human experience with any pesticide indicates a toxicity greater than that indicated from the above described tests on animals, the human data shall take precedence and if that protection of the public health so requires, the secretary shall declare such pesticide to be highly toxic to humans for the purposes of this Act and the regulations thereunder.
21—45.22(206) License and certification standards for pesticide applicators. No person shall engage in the business of applying pesticides to the land or property of another at any time without being licensed and certified by the secretary. No person shall apply any restricted use pesticide without first complying with certification standards or unless the application is made under the direct supervision of a certified applicator as specified in this chapter.
	45.22(1) License for commercial, noncommercial and public applicators. Before a license is issued, each commercial, noncommercial and public applicator shall demonstrate competence by qualifying for a commercial, noncommercial and public applicator’s license by successfully completing the appropriate certification examinations administered by the secretary to demonstrate knowledge regarding the potential for pesticides contaminating groundwater aquifers and proper pesticide handling practices that will aid in preventing the contamination of groundwater aquifers, calibration, integrated pest management, recognition of common pests to be controlled, timing and methods of application, interpretation of label and labeling information, safety precautions and preharvest or reentry restrictions, specific procedures to be used in disposing of pesticides and containers, and related legal responsibility under the classifications for which such applicant is to be licensed.
	a. 	Examination scores for individuals not completing certification requirements or paying the required fees shall be maintained on file as valid test scores for a maximum of one year following the date each examination was successfully completed.
	b. 	Certification categories which are added to an individual’s current certification shall expire on the same date the individual’s current certification card expires.
	45.22(2) Certification of commercial, noncommercial and public applicators.
	a. 	Initial certification. To be initially certified as a commercial, noncommercial or public applicator a person shall demonstrate a fundamental knowledge of the minimum state and federal standards of competency for commercial applicators by passing an examination administered by the department. The examination shall cover subjects relating to the safe handling, application and storage of pesticides, the correct calibration of equipment used for the application of pesticides, and the effects of pesticides upon groundwater. The examination shall also cover subjects related to the minimum standards of competency for commercial applicators outlined in 40 CFR 171.4(b) and (c) as revised July 1, 1992.
	b. 	A person who employs noncommercial applicators shall apply for a noncommercial applicator’s license; and all noncommercial applicators shall be certified by successfully completing the appropriate examinations for the type of restricted use pesticide applications being made and shall be required to pay the certification fee of $30 for a one-year certification or $75 for a three-year certification for each employee certified. Noncommercial applicators shall be subject to the $25 annual license fee. The provisions of Iowa Code section 206.13 relating to licenses and requirements for their insurance shall not apply to a noncommercial applicator, providing that the noncommercial applicator:
	(1)	Is a full-time employee of a privately held entity.
	(2)	Shall not publicly claim to be a commercial pesticide applicator nor engage in the business of applying pesticides other than as an employee of a company on company property.
	c. 	Separate examinations shall be taken and passed for each classification or category in which the commercial, noncommercial or public applicator intends to become certified, including the following: #1a—Agriculture Weed Control, #1b—Agriculture Insect Control, #1c—Agriculture Crop Disease Control, #1d—Fruit and Vegetable Pest Control, #1e—Animal Pest Control, #2—Forest Pest Control, #3ot—Ornamental and Turf Pest Control, #3t—Turf Pest Control, #3o—Ornamental Pest Control, #3g—Greenhouse Pest Control, #4—Seed Treatment, #5—Aquatic Pest Control, #6—Right-of-Way Pest Control, #7a—General and Household Pest Control, #7b—Termite Control, #7c—Fumigation, #7d—Community Insect Control, #7e—Wood Preservatives, #8—Public Health Pest Control, #9—Regulatory Pest Control, #10—Demonstration and Research Pest Control, and #11—Aerial Application.
	d. 	Wood-destroying insect inspection. Persons conducting wood-destroying insect inspections for the purpose of issuing a wood-destroying insect report for real estate transactions, real estate refinance transactions, or for treatment for control or prevention of wood-destroying insect infestations shall have in effect a valid Iowa commercial pesticide applicator license and certification in category 7b—Termite Control.
	45.22(3) Certification of private applicators.
	a. 	Initial certification. To be initially certified as a private applicator, a person shall demonstrate a fundamental knowledge of the minimum state and federal standards of competency for private applicators by passing an examination administered by the department and submitting a $15 certification fee. The examination shall cover subjects relating to the safe handling, application, and storage of pesticides, the correct calibration of equipment used for the application of pesticides, and the effects of pesticides upon groundwater. The examination shall also cover subjects related to the minimum standards of competency for private applicators outlined in 40 CFR 171.5 as revised July 1, 1992. A private applicator shall pay a certification fee of $15 for a period not to exceed three years.
	b. 	Renewal of private applicator certification. A private applicator’s certification shall be renewed upon evidence that the applicator has paid the required certification fee and has successfully completed an instructional course consisting of either an examination or continuing instructional courses as prescribed by the department. A private applicator shall pass an examination each third year following initial certification or may elect to attend two hours of approved continuing instructional courses each year during the renewal period. A private applicator failing to complete the required two hours of approved instruction for each year during the renewal period following initial certification or recertification shall be required to pass an examination prior to recertification.
	c. 	A private applicator who purchases or applies a grain fumigant which is classified as a restricted use pesticide shall pass an examination prescribed by the department for initial certification in the private fumigation category in addition to the examination required for initial private certification. Upon successfully completing the required private fumigation examination the private applicator’s certification credentials shall be so designated. The fumigation category designation shall remain valid until the private applicator’s certification expires. To renew the fumigation category certification a private applicator may elect to complete an instructional course consisting of either an examination or instructional course as prescribed by the department in addition to the examination or instruction required for private certification.
	45.22(4) Renewal of license classification and certification.
	a. 	Each commercial, noncommercial and public applicator’s license classification shall expire annually on December 31 and shall be renewed upon payment of the required license fee provided that all of the applicant’s personnel who apply pesticides are certified commercial, noncommercial or public applicators and are certified in the appropriate classifications covering their pesticide application activities.
	b. 	Each commercial, noncommercial and public applicator’s certification shall expire December 31 of the first year for those applicators applying for a one-year certification, and December 31 of the third year for those applicators applying for a three-year certification and shall be renewed by the department upon receipt of evidence that the applicator has paid the required certification fee and has completed an instructional course consisting of either an examination or continuing instructional courses as prescribed by the department. A commercial, noncommercial or public applicator shall pass an examination each third year following initial certification or may elect to attend two hours of approved continuing instructional courses each year during the renewal period. A commercial, noncommercial or public applicator seeking recertification by attending continuing instructional courses shall attend courses approved for each certification category in which a person is seeking recertification. A two-hour continuing instructional course may be approved for more than one certification category. A commercial, noncommercial or public applicator failing to complete the required two hours of approved instruction for each year during the renewal period shall be required to pass an examination prior to recertification. A 30-day grace period from the date of expiration will be allowed for the renewal of commercial, noncommercial and public applicator’s certification.
	c. 	Any person who attempts to misrepresent anyone or attempts to use unauthorized assistance in passing any examination shall be denied the privilege of taking any examination for the period of one year.
	d. 	The secretary may revise certification periods for pesticide applicators with certification fees adjusted to reflect an equivalent certification fee based on fees currently established in order to provide a more uniform distribution of pesticide applicator certification renewal dates.
	45.22(5) Certification renewal periods for commercial, noncommercial, public and private applicators.
	a. 	Renewal periods for commercial, noncommercial, and public applicators. The renewal period is the time within which the commercial, noncommercial, public and private applicators have to renew their certification by either completing the required certification examination or instructional courses and pay the required certification fee. Except as provided in paragraph 45.22(5)“c,” the renewal period for commercial, noncommercial and public applicators shall begin on the date a person has completed the required certification examination or instructional courses and paid the required certification fee. The renewal period shall end on December 31 of the third calendar year of the certification cycle.
	b. 	The renewal period for private applicators. The renewal period for a private applicator shall begin on the date a person has completed the required certification examination or instructional courses and paid the required certification fee. The renewal period shall end on April 15 of the calendar year following the certification expiration date.
	c. 	The renewal period for a person completing initial certification requirements on October 1 or any time thereafter during a calendar year shall begin on January 1 of the following calendar year.
	d. 	Except as provided in paragraphs “a,” “b,” and “c” of this subrule, continuing instruction credits from a previous year in a certification renewal period shall not be accepted nor shall credits accumulated be accepted for use in a future year in a certification renewal period.
	45.22(6) Report of licensee.
	a. 	A commercial, noncommercial or public applicator applying for recertification without retesting shall file a report on a form provided by the department certifying that the required continuing instructional courses have been completed.
	b. 	The licensee shall maintain a file of the certificates of completion required under subrule 45.52(4) for each employee recertifying by attending continuing instruction courses. The file shall contain the certificates of completion for the period covering the previous certification period and current certification period for each employee receiving continuing instruction courses.
	c. 	An employee who transfers to a new employer shall, upon request, be provided copies of the certificates of completion on file with the previous employer for filing with a new employer.
	d. 	Files containing certificates of completion shall be open for inspection upon request by the department.
	45.22(7) Standards for supervision of noncertified applicators by certified private and commercial applicators. Certified applicators whose activities indicate a supervisory role must demonstrate a practical knowledge of federal and state supervisory requirements, including labeling, regarding the application of restricted use pesticides by noncertified applicators.
The availability of the certified applicator must be directly related to the hazard of the situation. In many situations, where the certified applicator is not required to be physically present, “direct supervision” shall include verifiable instruction to the competent person, as follows: (a) detailed guidance for applying the pesticide properly; and (b) provisions for contacting the certified applicator in the event the certified applicator is needed. In other situations, and as required by the label, the actual physical presence of a certified applicator may be required when application is made by a noncertified applicator.
	45.22(8) License application—contents. Each license application submitted pursuant to Iowa Code section 206.6 shall include a complete list of all employees who may apply pesticides. Any changes regarding the status of the employees named on the application or new employees shall be reported immediately to the pesticide section of the Iowa department of agriculture and land stewardship.
	45.22(9) Exemption from certification. An employee of a public agency who applies pesticides classified for general use and which are in ready-to-use formulations shall be exempt from the certification requirements of Iowa Code chapter 206 provided that the application of pesticides is an incidental part of the person’s duties.
	45.22(10) Pesticide use on private golf courses. Employees of private golf courses who apply pesticides shall comply with the same requirements for employees applying pesticides for public golf courses including, but not limited to, certification and notification requirements.
	45.22(11) Oral certification examination. A private applicator may request certification by oral examination in lieu of a written examination. A written request shall be submitted to the secretary or an authorized representative describing in detail the reasons an oral examination is requested in lieu of the written examination. Oral examinations will be administered by appointment only.
The oral examination shall cover the same certification standards as the written examination, and a minimum passing grade shall be 70 percent of the questions answered correctly.
As a prerequisite for an oral examination, the secretary may require the applicant to attend a private applicator training program sponsored by the Iowa State University cooperative extension service.
	45.22(12) Temporary exemption from certification. A commercial, noncommercial, public or private applicator need not be certified to apply pesticides for a period of 21 days from the date of initial employment if the commercial, noncommercial, public or private applicator is under the direct supervision of a certified applicator. Except for subrules 45.22(13) to 45.22(15), “under the direct supervision of” means the application of a pesticide is made by a competent person acting under the instructions and control of a certified applicator who is physically present by being in sight or hearing distance of the supervised person.
	45.22(13) Temporary exemption for certification for agricultural applicators. A commercial applicator who applies pesticides to agricultural land may elect to be exempt from the certification requirements for a commercial applicator for a period of 21 days from the date of initial employment if the applicator meets the requirements of a private applicator. A commercial applicator who applies pesticides to agricultural land and elects to take advantage of the exemption as provided for in Iowa Code section 206.5 shall work under the instructions and control of a certified commercial applicator. The supervising applicator is not required to be physically present but shall be immediately available if and when necessary.
	45.22(14) Employees of food processing and distribution establishments. An employee of a food processing and distribution establishment is exempt from the certification requirements of Iowa Code section 206.5 provided the following conditions are met:
	a. 	The employer has at least one person holding a supervisory position that is a certified applicator.
	b. 	The employer provides a program approved by the department for training, testing and certification of personnel who apply, as an incidental part of their duties, any restricted use pesticide on property owned or rented by the employer.
	c. 	The exempt employee applies pesticides under the direct supervision of a certified applicator. “Under direct supervision” shall not require the physical presence of the supervising certified applicator, if the supervising applicator is immediately available if and when needed.
	45.22(15) Certified handler.
	a. 	Certified handler. Each person employed by a licensed commercial applicator, noncommercial applicator, public applicator, or pesticide dealer who handles pesticides in other than unopened containers for the purposes of preparing, mixing or loading pesticides for application by another person, repackaging bulk pesticides or disposing of pesticide-related wastes from these activities shall become certified by taking and passing an examination as prescribed by the secretary.
	b. 	A certified handler shall demonstrate a fundamental knowledge of the potential for pesticides contaminating groundwater aquifers or surface waters and proper handling practices that will aid in preventing the contamination of groundwater aquifers or surface waters, adverse effects on the environment and any other personal or public hazards associated with the use of pesticides by passing a fundamental examination administered by the secretary covering interpretation of label and labeling information, mixing and application of pesticides in accordance with label instructions including proper concentration of pesticides to be used and local environmental situations that shall be considered during handling of pesticides to avoid contamination, specific procedures to be used in disposing of pesticides and containers, recognition of poisoning symptoms, procedures to follow in case of a pesticide accident, safe handling of pesticides and the effects on groundwater and surface water, the proper use of personal safety equipment and related legal responsibilities.
	c. 	A certified handler’s certification shall expire December 31 of the first year for those operators applying for a one-year certification and December 31 of the third year for those operators applying for a three-year certification and shall be renewed by the secretary upon receipt of evidence that the applicator has passed a written examination similar and equal to that required to obtain initial certification and has paid the required certification fee. A 30-day grace period from the date of expiration will be allowed for the renewal of the certified handler’s certification, and a 21-day grace period from the day of initial employment shall be allowed to meet the certification requirements.
	d. 	A certified handler employed by a licensed applicator shall work under the direct supervision of a certified commercial, noncommercial or public applicator employed by the same firm or agency. “Under direct supervision” shall not require the physical presence of the supervising certified applicator in reference to agricultural crop pesticide applications, if the supervisor is available if and when needed.
	e. 	A certified handler shall not act in the capacity of a supervisor of other certified handlers or certified applicators.
	45.22(16) Transition to recertification by instruction. Recertification may be accomplished by successfully completing the required written examination every third year or completing an approved two-hour instructional course each year of the renewal period.
	a. 	Private applicator recertification. A private applicator with a certification expiration date prior to December 31, 1996, may apply for recertification by providing evidence of completion of an approved instructional course during the third year of the renewal period. A private applicator whose certification expires December 31, 1996, or any year thereafter, may apply for recertification by providing evidence of completion of an approved two-hour instructional course for each year during the preceding three-year renewal period. A private applicator failing to meet the required annual two-hour instruction requirement for recertification during the three-year certification renewal period shall apply for recertification by providing evidence of satisfactorily completing an examination. Applications for recertification shall be submitted with a $15 certification fee. A private applicator whose certification has expired who applies pesticides following the 30-day grace period provided in Iowa Code section 206.5(8) shall have completed the certification instruction or testing requirement and submitted the required certification fee prior to applying a restricted use pesticide.
	b. 	Commercial, noncommercial, and public applicator recertification. A commercial, noncommercial or public applicator whose certification expires December 31, 1993, may apply for recertification by providing evidence of completion of an approved instructional course during 1993. A commercial, noncommercial or public applicator whose certification expires December 31, 1994, may apply for recertification by providing evidence of completion of an approved two-hour instructional course in both 1993 and 1994. A commercial, noncommercial or public applicator whose certification expires December 31, 1995, or any year thereafter, may apply for recertification by providing evidence of completion of an approved two-hour instructional course in each of the three calendar years preceding the expiration date. Applications for recertification shall be submitted with the appropriate certification fee.
A commercial applicator whose certification has expired who applies pesticides following the 30-day grace period provided in Iowa Code section 206.5(8) shall have completed the certification instruction or testing requirement and submitted the required certification fee prior to applying any pesticide.
	c. 	Programs held prior to April 15, 1994, for pesticide applicator training may be approved for two hours of continuing instruction.
	45.22(17) Requirements for commercial aerial applicator and aerial applicator consultant.
	a. 	Commercial aerial applicator license. The licensed aerial applicator applying pesticides to agricultural land shall operate in Iowa in consultation with an aerial applicator consultant. The application form for a commercial aerial applicator license shall be provided by the pesticide bureau. The completed application form, together with supporting documentation, will verify compliance with Iowa Code chapter 206 and the rules of this chapter. An aerial applicator license may be issued when the applicant has provided the name and license number of the aerial applicator consultant and other required information on the application form, passed the required certification examinations, and paid the commercial applicator license and certification fees in compliance with Iowa Code sections 206.5 and 206.6.
	b. 	Aerial applicator consultant duties. An aerial applicator consultant shall:
	(1)	Complete requirements for category #11 aerial applicator certification and either a commercial pesticide applicator license or pesticide dealer license.
	(2)	Register with the pesticide bureau on forms provided by the pesticide bureau.
	(3)	Meet with each aerial applicator under the consultant's consultation prior to application of pesticides and verify compliance with Iowa’s pesticide rules, the requirements of the Federal Aviation Administration, and the requirements of the Iowa department of transportation using a checklist provided by the pesticide bureau. A copy of the completed checklist shall be maintained on file for three years with the aerial applicator consultant.
	(4)	Provide detailed aerial maps for the intended application location which clearly depict field boundaries, roads, dwellings, adjacent fields, water bodies, and other pertinent information, as well as county, township and section and latitude/longitude if available.
	(5)	Maintain daily communication with the aerial applicator when pesticide applications are performed with a minimum of one meeting in person each day to emphasize safe pesticide application and handling procedures.
	(6)	Maintain daily oversight of pesticide handlers who supply or mix pesticides for the aerial applicator under the consultant's consultation to ensure required personal protection equipment is utilized.
	(7)	Provide information to the aerial applicator regarding sensitive areas listed on the department’s sensitive crop registry and arrange for proper protection of registered apiaries. The aerial applicator consultant shall identify nearby sensitive areas including the location of endangered species as identified by the U.S. Environmental Protection Agency (EPA) and listed on the pesticide bureau’s Web site, water bodies in or adjoining the field of application, roads adjoining the field of application, and places adjoining the field of application which may be occupied by people, including farmworkers.
	(8)	Provide instructions for proper emergency response procedures for the aerial applicator and pesticide handlers in the case of a pesticide spill or accident. Require that while in the air all pilots have an electronic communication device capable of communicating with a consultant.
	(9)	Provide information immediately upon request to regulatory officials regarding the identification of a pesticide applied to an area of concern and the name and license number of the applicator working under the consultant's consultation.
	(10)	Notify the aerial applicator in person and in writing upon termination of consultation services. The aerial applicator shall notify the pesticide bureau when the aerial applicator begins working with a new aerial applicator consultant.
	c. 	Procedures for aerial application. The aerial applicator consultant shall provide the licensed aerial applicator the following:
	(1)	Name and telephone number where the consultant may be reached during hours of operation.
	(2)	Name and address or location of the property where the pesticide will be applied including detailed maps of fields which clearly depict the field boundaries, roads, dwellings, adjacent fields, water bodies, and other pertinent information, as well as county, township and section and latitude/longitude if available.
	(3)	Name of the pesticide(s) to be applied and copies of each label along with instructions necessary to comply with Iowa’s pesticide rules. The aerial applicator consultant shall verify that the aerial applicator has read and understands the label instructions.
	(4)	Maps of the intended location for each pesticide application reviewed and approved by the aerial applicator consultant. The aerial applicator consultant shall provide information to the aerial applicator regarding sensitive areas listed on the department’s sensitive crop registry and shall arrange for proper safety precautions to protect registered apiaries.
	(5)	The identification of nearby sensitive areas including the location of endangered species as identified by EPA and listed on the pesticide bureau’s Web site, water bodies in or adjoining the field of application, roads adjoining the field of application, and places adjoining the field of application which may be occupied by people, including farmworkers.
	d. 	Responsibility. The aerial applicator is responsible for applying pesticides in compliance with label directions and Iowa’s pesticide rules. The aerial applicator consultant supplying a pesticide for application by the aerial applicator is responsible for handling and mixing the pesticides according to label directions and Iowa’s pesticide rules.
	e. 	Aerial applicator certification and continuing instruction. An aerial applicator and aerial applicator consultant shall pass an examination for initial certification. An aerial applicator from a state with an approved reciprocal certification agreement will be eligible for reciprocal certification. Each certified aerial applicator and aerial applicator consultant shall participate in a program of continuing instruction which shall consist of either an examination or educational program approved by the department. The continuing instruction program shall include information regarding the safe application and handling of pesticides and responsible operation of aircraft spray equipment.
This rule is intended to implement Iowa Code sections 206.2, 206.4, 206.5, 206.7, and 206.31 and Iowa Code section 206.6 as amended by 2008 Iowa Acts, House File 2551.
[ARC 7556B, IAB 2/11/09, effective 2/1/09]
21—45.23(206) Sale or possession of thallium. No person shall sell or possess any thallium or thallium compound except federal, state, county, municipal officers or their deputies for use in their official duties in pest control; research or chemical laboratories in their respective fields; regularly licensed pest control operators for use in their own service work; properly registered ant, mole and rodent poisons containing thallium expressed as metallic not more than one percent; wholesalers or jobbers of pesticides for sale to the aforementioned persons; or for export.
21—45.24(206) Warning, caution and antidote statements. In order to promote uniformity between the requirements of the Iowa pesticide Act and requirements of the several states and the federal government, Iowa Code section 206.21 of the Iowa pesticide Act provides for the adoption of rules and regulations in conformity with those prescribed by the United States department of agriculture. Warning, caution and antidote statements required to appear on labels of pesticides under the pesticide Act shall conform to the warning, caution and antidote statements required under interpretation 18 and revisions thereof of the regulations for the enforcement of the federal Insecticide, Fungicide, and Rodenticide Act, which interpretation 18 and revisions thereof are hereby incorporated into this rule by this reference and made a part hereof.
21—45.25(206) Declaration of pests. The secretary declares the following to be pests:
	1.	Any insect, rodent, nematode, fungus, weed, or
	2.	Any form of plant and animal life, virus, or other microorganism, except viruses or other microorganisms on or in living man or other living animals, which exists under circumstances that make it unduly injurious to plants, man, domestic animals, other useful vertebrates, useful invertebrates, or other articles or substances.
21—45.26(206) Record-keeping requirements. Commercial applicators and retail dealers shall maintain records with respect to application of pesticides for a period of three years from the date of application of the pesticides to which the records refer; and shall furnish copies to the secretary upon request in writing.
	45.26(1) Retail dealers—sales to certified applicators. Each restricted use pesticide retail dealer shall maintain at each individual dealership records of each transaction where a restricted use pesticide is made available for use by that dealership to a certified applicator. Record of each transaction shall include the following information:
	a. 	Name and address of the residence or principal place of business of each person to whom the pesticide was made available for use.
	b. 	The certification number on the document evidencing that person’s certification, the state (or other governmental unit) that issued the document, the expiration date of the certification and the categories in which the applicator is certified, if appropriate.
	c. 	The product name, EPA registration number granted under Section 24(c) of the FIFRA (if any) on the label of the pesticide.
	d. 	The quantity of the pesticide made available for use in the transaction.
	e. 	The date of the transaction.
	45.26(2) Sales to uncertified persons. No dealership may make a restricted use pesticide available to an uncertified person unless the dealer or dealership can document that the restricted use pesticide will be used by a certified applicator and the dealer or dealership maintains the records required in this subrule. Each restricted use pesticide retail dealer shall maintain records at each individual dealership of each transaction where a restricted use pesticide was made available to an uncertified person for use by a certified applicator. Records of each transaction shall be maintained for a period of 36 months after the date of the transaction and shall include the following information:
	a. 	The name and address of the residence or principal place of business of the uncertified person to whom the restricted use pesticide is made available for use by a certified applicator.
	b. 	The name and address of the residence or principal place of business of the certified applicator who will use the restricted use pesticide.
	c. 	The certified applicator’s certification number, the state (or other governmental unit) that issued the certification document, the expiration date of the certification and the categories in which the applicator is certified, if appropriate.
	d. 	The product name, EPA registration number and the state special local need registration number granted under Section 24(c) of the FIFRA (if any) on the label of the pesticide.
	e. 	The quantity of the pesticide made available for use in the transaction.
	f. 	The date of the transaction.
	45.26(3) Commercial applicators. Every commercial applicator shall make, or cause to have made, office records of all application activities on each pesticide applied. Records for application activities involving more than one licensed commercial applicator or billed through a licensed pesticide dealer shall be maintained by each licensee. Each set of records shall include the following:
	a. 	The name and license number of the licensee.
	b. 	The name and address of the landowner or customer.
	c. 	Address of the place of application of restricted use pesticide.
	d. 	Date of pesticide application.
	e. 	Trade name of pesticide product used.
	f. 	The quantity of pesticide product used and the concentration or rate of application.
	g. 	If applicable, the temperature and the direction and estimated velocity of wind at time of application to any outdoor area.
	h. 	Use of “restricted use” pesticide.
	i. 	Time pesticide application begins and ends.
This rule is intended to implement Iowa Code sections 206.11(3) and 206.15.
[ARC 7572B, IAB 2/11/09, effective 1/22/09]
21—45.27(206) Use of high volatile esters. The use of high volatile esters formulations of 2,4-D and 2,4,5-T, the alcohol fraction of which contains five or fewer carbons, shall be prohibited in the counties of Harrison, Mills, Lee, Muscatine and that part of Pottawattamie county west of Range 41 West of the 5th P.M. to become effective upon filing.
21—45.28(206) Emergency single purchase/single use of restricted pesticide. The department shall issue a temporary certificate to private applicators for a single purchase/single use of restricted pesticides in situations declared to be an emergency by the department, upon receipt of the following completed and signed affidavit.
21—45.28(206) EMERGENCY USE OF A RESTRICTED USE
PESTICIDE BY A PRIVATE APPLICATOR
Emergency Single Purchase/Single Use of Restricted Pesticide—Affidavit.
The Label which I have read, indicates:
Brand name of pesticide: 	
Federal Registration Number: 	
Name of Active Ingredient(s): 	
Percentage of Active Ingredient(s): 	
If the pesticide product is to be mixed with a carrier, show the amount of pesticide product per gallon
of tank mix:
	
Application rate per acre: 	
Name pest to be controlled: 	
At what stage of development is the pest most easily controlled:
	
State degree of hazard (signal word): 	
Describe safety equipment required: 	
What is the recommended antidote for this product: 	
List environmental precaution shown on label: 	
Length of time until re-entry, if given: 	
Preharvest interval days required: 	
Describe method of container disposal: 	
I wish to make application of this pesticide on (date)	
and I hereby swear under penalty of perjury that I understand the above label information and warnings.
_________________________________________
(name of private applicator)
This rule is intended to implement Iowa Code sections 206.4 and 206.5.
21—45.29(206) Application of general use pesticide by nonlicensed commercial applicator. A person may apply a general use pesticide without satisfying the licensing requirements of Iowa Code chapter 206, upon presenting evidence to the secretary of applying the pesticide under the direct supervision of a licensed commercial applicator or a public applicator.
21—45.30(206) Restricted use pesticides classified. Pesticide products containing active ingredients classified as restricted use are limited to use by or under the direct supervision of a certified applicator. The pesticide use classification as promulgated by the United States Environmental Protection Agency in 40 CFR, Section 162.31, revised as of July 1, 1983, is hereby adopted in its entirety by this reference.
This rule is intended to implement Iowa Code section 206.20.
21—45.31(206) Application of pesticides toxic to bees.
	45.31(1) Owners of apiaries, in order to protect their bees from pesticide applications, shall register the location of their apiaries with the state apiarist. Registration shall be on forms provided by the department. The registration expires December 31 each year and may be renewed the following year.
	45.31(2) Between 8 a.m.	and 6 p.m., a commercial applicator shall not apply to blooming crops pesticides labeled as toxic to bees when the commercial applicator is located within one mile of a registered apiary. A commercial applicator shall be responsible for maintaining the one-mile distance from apiaries that are registered and listed on the sensitive crop registry on the first day of each month.
This rule is intended to implement Iowa Code sections 206.6(5)“a”(3) and 206.19(2).
[ARC 7572B, IAB 2/11/09, effective 1/22/09]
21—45.32(206) Use of DDT and DDD. Pesticides containing dichloro diphenyl trichloroethane (DDT) or dichloro diphenyl dichloroethane (DDD) shall not be distributed, sold or used except for control of pests of public health importance and pests subject to state or federal quarantines where applications of pesticides are made under the direct supervision of public health officials or state or federal quarantine officials.
21—45.33(206) Use of inorganic arsenic.
	45.33(1) Home use. Formulations of inorganic arsenic containing more than one percent arsenic (expressed as elemental arsenic) shall not be distributed or sold for use as a pesticide in or around the home for the purpose of preventing, destroying or repelling any weed, rodent, insect or other pests.
	45.33(2) Other uses. Formulations of inorganic arsenic shall not be distributed or sold for use as a pesticide for the purpose of preventing, destroying or repelling any weed, rodent, insect or other pests, unless there are no acceptable alternative methods of control available, as determined by the department. Where no acceptable alternative methods of control are available, and an inorganic arsenic formulation is approved for use by the department, such approval shall include specific conditions designed to protect the applicator, as well as the public health and welfare; and a permit must be secured by the user from the department prior to the application or use of the product.
21—45.34(206) Use of heptachlor. Pesticides containing heptachlor shall not be distributed, sold or used for the purposes of preventing, destroying or repelling mosquitoes or flies.
21—45.35(206) Use of lindane. Formulations of pesticides containing lindane or crystalline lindane shall not be distributed, sold or used when the lindane is prepared, identified, packaged or advertised to be vaporized through the use of thermal vaporizing devices.
21—45.36(206) Reports of livestock poisoning. Any person practicing veterinary medicine under the provisions of Iowa Code chapter 169 encountering a case of poisoning, or suspected poisoning, of domestic livestock through injury from contact with, exposure to, or ingestion of any biological or chemical agent or compound, shall immediately report by telephone or telegraph such poisoning to the head of the veterinary diagnostic laboratory of Iowa state university of science and technology who shall immediately notify the state veterinarian of any such reports. Reports made pursuant to this rule shall be confirmed in writing as provided in 45.36(2).
	45.36(1) Verbal report. The verbal report of a case of such poisoning shall provide information on as many of the items listed in 45.36(2) as available data allows.
	45.36(2) Written report. The written report of a case of such poisoning shall be submitted within 48 hours, with one copy to the department and one copy to the veterinary diagnostic laboratory, and shall contain the following information on forms provided by the veterinary diagnostic laboratory or the department:
	a. 	Location of incident.
	b. 	Time and date of incident.
	c. 	Number and type of livestock affected.
	d. 	Poison agent, known or suspected.
	e. 	Location of source of poisoning.
	f. 	Type and degree of poisoning.
	g. 	Name, mailing address and telephone number of livestock owner.
	h. 	Whether release of poisoning agent is continuing.
	i. 	Whether poisoning agent is on land or in water.
	j. 	Any other information that may assist in evaluation of the incident.
	k. 	Name and address of reporting veterinarian.
	45.36(3) Subsequent findings. All subsequent findings and diagnostic results shall be submitted as soon as they become available.
21—45.37(206) Approval of use of inorganic arsenic formulation. There are two stages in obtaining approval for the use of an inorganic arsenic formulation pursuant to rule 45.33(206). First, the advisory committee must approve the use of the formulation in the state for a particular pest. Then, each individual desiring to use the approved formulation must secure a permit from the department. The required procedure is set out in this rule.
	45.37(1) Who may apply. Any person may apply for approval for the use of an inorganic arsenic formulation to control a specific pest or pests pursuant to rule 45.33(206).
	45.37(2) Form of application. All such applications shall be made in writing, signed by the applicant, and shall specify:
	a. 	Common name or scientific name of pest or pests to be controlled with the formulation,
	b. 	Crops which the pest or pests endanger,
	c. 	Chemical name of inorganic arsenic formulation for which approval is requested,
	d. 	Why there are no acceptable alternative methods of controlling the pests available,
	e. 	Rate of application needed for control,
	f. 	Number of applications needed annually for control,
	g. 	Name, address and telephone number of the applicant.
	45.37(3) Hearings, when held.
	a. 	Applications for approval shall be considered at public hearings by the advisory committee.
	b. 	The committee shall grant, modify, or deny the request for approval within 72 hours of the conclusion of the hearing.
	45.37(4) Conditions of approval. Approvals shall be valid until revoked by the department.
	a. 	In its approval, the committee shall specify:
	(1)	The inorganic arsenic formulation to be used.
	(2)	The pests for which it may be used.
	(3)	The crops on which it may be used.
	(4)	The maximum number of applications to be made annually, and
	(5)	Information to be submitted to the department following use of the formulation.
	b. 	The committee shall also specify the conditions designed to protect the public health and welfare as conditions for the issuance of a permit by the department. Such conditions shall include, but not be limited to:
	(1)	That the permit applicant has sustained or will likely sustain damage from the pest for which control is approved,
	(2)	Topographical requirements to ensure minimal runoff into waters of the state,
	(3)	Minimum separation distance of area to be treated from waters of the state,
	(4)	Minimum distance of area to be treated from property not under control of applicant,
	(5)	Grass or other plant cover to prevent erosion on slopes to which the formulation is applied.
	45.37(5) Permits. After an application for approval is granted, any person may use the formulation approved, provided that a permit is obtained from the department. The department and the committee shall review at least annually its approvals of uses of inorganic arsenic formulations and shall revoke an approval whenever it finds an acceptable alternative method of control is available.
Rules 45.33 to 45.37 are intended to implement Iowa Code sections 206.19, 206.20 and 206.23.
21—45.38 to 45.44 Reserved.
21—45.45(206) Ethylene dibromide (EDB) residue levels in food. The following is the maximum allowable residue levels of Ethylene dibromide (EDB) for each of the three primary tiers of grain products:
	45.45(1) For raw grain, the level should not exceed 900 parts per billion.
	45.45(2) Intermediate level products—flour, various mixes for preparing baked goods, soft cereals and other products that would normally require cooking or baking before eating—the level should not exceed 150 parts per billion.
	45.45(3) For ready-to-eat products—cold cereals, snack foods, bread and all baked goods—the level should not exceed 30 parts per billion.
	45.45(4) For baby food, zero (0) tolerance—no acceptable level of EDB is permissible.
	45.45(5) For fruit, the level should not exceed 250 parts per billion tolerance for the total fruit and should not exceed 30 parts per billion in the edible portion of the fruit.
This rule is intended to implement Iowa Code sections 189.17, 190.2 and 206.21.
21—45.46(206) Use of pesticide Command 6EC. The pesticide Command 6EC Herbicide EPA Reg.	No.	279-3054 (active ingredient: 2-(2-Chlorophenyl) methyl-4, 4-dimethyl-3-isoxazolidinone . . . 64.3%) or any identically formulated compound shall be soil incorporated immediately following application. The method of application shall be limited to ground equipment.
21—45.47(206) Reporting of pesticide sales. Commercial pesticide applicators, pesticide dealers, pesticide manufacturers and pesticide distributors with the exception of manufacturers or distributors that distribute pesticides for resale purposes only shall submit annual reports to the Iowa department of agriculture and land stewardship by October 1 of each year on forms approved by the secretary of agriculture except that pesticide manufacturers or pesticide distributors that distribute pesticides only for resale purposes shall not be required to submit a report. The reports shall include information related to the gross dollar amount for all pesticides sold at retail for use in this state. The reports shall also list the individual label name, EPA registration number and the gross dollar amount of each pesticide sold at retail for which gross retail sales are $3000 or more.
This rule is intended to implement Iowa Code sections 206.6, 206.8 and 206.12.
21—45.48(206) Dealer license fees. A dealer license fee for initial application for a dealer license shall be $25. The annual dealer license renewal fee shall be based on one-tenth of one percent of the gross annual sales of all pesticides sold the previous fiscal year or $25, whichever is greater. The fiscal year shall begin July 1 and end June 30 of the following year.
	45.48(1) A pesticide dealer license expires on June 30 of each year. However, a grace period beginning July 1 and extending to October 1 of each year shall be allowed for renewal of pesticide dealer licenses. A late fee of 2 percent of the license fee due based on the gross pesticide retail sales shall be imposed upon the licensure of a pesticide dealer applying for licensure renewal during October; a late fee of 4 percent of the license fee due based on the gross pesticide retail sales shall be imposed upon the licensure of a pesticide dealer applying for licensure renewal during November; a late fee of 5 percent of the license fee due based on the gross pesticide retail sales shall be imposed upon the licensure of a pesticide dealer applying for licensure renewal during December; and an additional 5 percent penalty for each month thereafter shall be imposed. The application for renewal shall be considered complete once the required fees and reports have been submitted to the department.
	45.48(2) The annual license fee for manufacturers or distributors distributing pesticides for resale purposes only shall be $25. License fees required by this rule shall be due July 1 of each year.
This rule is intended to implement Iowa Code sections 206.6, 206.8 and 206.12.
21—45.49(206) Pesticide use recommendations. Persons making pesticide use recommendations shall be familiar with the safe and proper use of each pesticide for which recommendations are made and shall not make any recommendations which are contrary to label instructions. The employer or licensee shall be responsible for all pesticide use recommendations made by their employees which are contrary to label instructions.
This rule is intended to implement Iowa Code sections 206.2, 206.4, 206.5, 206.6, 206.7 and 206.31.
21—45.50(206) Notification requirements for urban pesticide applications. All commercial or public applicators who apply pesticides within urban areas in municipalities shall post or affix notification signs at the start of the application and for at least 24 hours following the application or longer if required by the reentry directions on the pesticide label(s). The requirements of this rule shall not apply to the application of pesticides within a structure or within six feet of the outside perimeter of a structure and to pesticide applications made by the homeowner or tenant to their property.
For purposes of enforcement of this rule the term “municipality” shall include any city or developed residential area in the state. The term “urban” shall mean any area within or belonging to a city or developed residential area.
	45.50(1) Residential lawns.
	a. 	Notification signs shall project at least 12 inches above the top of the grass line or 18 inches to the top of the signs.
	b. 	The notification sign shall be posted on a lawn or yard between two feet and five feet from the sidewalk or street. Residences that have unfenced or open backyards shall be posted within two feet to five feet from the back lot line.
	c. 	When landscaping or other obstructions prohibit compliance with the minimum distances specified, the notification signs shall be posted in a manner that is reasonably within the intent of this subrule.
	45.50(2) Golf courses. Signs including posters or placards shall be posted in a conspicuous manner near the first tee of each nine-hole course. The sign shall be constructed of a weather-resistant material and be a minimum size of 8½ inches by 11 inches. The lettering shall not be less than ½ inch. The sign shall read “Pesticides are periodically applied to the golf course. If desired, you may contact your golf course superintendent or person in charge for further information.” The sign shall be displayed prior to the application of any pesticide on the golf course and left in place for at least 24 hours following any pesticide application. Where pesticide labeling requires specific notification or reentry restrictions, the applicator shall comply with the label instructions.
	45.50(3) Parks, playgrounds and athletic fields. For parks, athletic fields, playgrounds or other similar recreational property, the notification signs shall be posted immediately adjacent to areas within the property where pesticides have been applied and at or near the entrances to the property where pesticides have been applied. The notification signs shall be placed in a conspicuous manner to provide a reasonable notification to the public.
	45.50(4) Public rights-of-way.
	a. 	Notice of the application of pesticides to public rights-of-way of highways, roads, streets, alleys, sidewalks and recreational trails within the corporate limits of municipalities shall be posted in a manner that provides reasonable notice to the occupants of properties immediately adjacent to the area being treated. A minimum of two signs shall be posted to denote the beginning and the end of the area being treated. Within developed residential zones, at least one sign shall be posted at the beginning and one at the end of each block. Signs shall be placed in a manner to be readable from the adjacent property.
	b. 	Public rights-of-way bordered by a chain link fence, noise wall or other structures or enclosures that bar pedestrian access shall be exempt from the posting requirement.
	c. 	The licensed pesticide applicator performing the application shall make pesticide application schedules and other community right-to-know information available to the public upon request at the applicator’s place of business during regular business hours.
	d. 	The notification signs used for posting public rights-of-way shall consist of a weather-resistant poster or placard measuring at least 10 inches by 12 inches with lettering measuring a minimum of 1 inch. Notification signs shall project at least 2 feet above the top of the grass line or 3 feet to the top of the signs. The words “This area chemically treated. Keep off” shall be used for posting public rights-of-way.
	45.50(5) Public pest control programs. Pesticides applied for or by any municipality for the control or abatement of pests related to public health programs such as mosquitoes or other pest control programs shall be exempt from posting requirements provided that the intended dates, time and locations are announced to the public in a conspicuous manner at least 24 hours prior to the application. The announcement shall be made on a major radio station, TV station, newspaper or any other means of mass communication that would normally reach the residents of that city or developed residential area.
	45.50(6) Notification signs.
	a. 	The notification signs shall be of a material that is rain-resistant for at least a 24-hour period and shall not be removed by the applicator for at least 24 hours from the time pesticides are applied or longer if required by the label of the pesticide applied. Each property owner, tenant, agent or person in charge of the property shall be provided with instructions that the notification sign is required to remain in place for a minimum of 24 hours following the pesticide application. When the labeling of the pesticide(s) applied requires a reentry restriction more than 24 hours, the sign shall be left in place for the specified period restricting reentry. After the required posting period has elapsed, all notification signs should be removed by either a representative of the business, organization, entity or person making said application or the owner, agent, person in charge of the property, or their representative, to which the pesticide was applied.
	b. 	As a minimum, unless otherwise specified, the following information shall be printed on the notification sign in contrasting colors and block letters:
	(1)	The name and telephone number of the business, organization, entity or person applying the pesticide; and
	(2)	The words: “This area chemically treated. Keep off. Do not remove sign for twenty-four hours.” As an alternative, a universally accepted symbol and text approved by the secretary that is recognized as having the same meaning or intent as specified in this paragraph may be used. When the labeling of the pesticide(s) applied requires a longer reentry restriction it shall be so stated on the notification sign.
The lettering for notification signs used for posting residential, commercial or public lawns or gardens or other similar areas shall measure at least three-eighths inch. The lettering for notification signs used for right-of-way areas required to be posted shall measure at least one inch.
	c. 	The notification sign used for posting residential, commercial or public lawns or gardens or other similar areas shall consist of a sign or placard measuring at least four inches by five inches with letters measuring a minimum of three-eighths inch.
	d. 	The label and other information normally associated with the use of the pesticide(s) being applied to any urban area that is required to be posted shall be provided to any individual upon request.
	e. 	A commercial or public applicator who applies a pesticide with labeling that requires further maintenance after application shall provide the homeowner or agent in charge of property with a copy of the complete label of the pesticide(s) applied if requested and instructions on proper maintenance procedures.
	f. 	Officials of the municipalities affected by this rule shall cooperate with the department in enforcing the requirements of this rule and shall report any infractions to the department.
	45.50(7) Prenotification registry. In lieu of the requirement for public notification as specified in subrule 45.50(5), a municipality may maintain a registry of persons requesting to receive notification prior to pesticide applications and provide notification to those individuals at least 24 hours prior to a pesticide application made adjacent to their property.
	a. 	A municipality may also choose to make arrangements with those persons upon request to refrain from applying pesticides to adjacent properties in lieu of prenotification.
	b. 	The registry shall be updated annually and contain at least the name, address, and telephone number where occupant may be reached during normal business hours. The registry shall be made available upon request to licensed commercial and public pesticide applicators.
	45.50(8) Prior notification of pesticide application to lawns, parks, playgrounds and athletic fields located in urban areas.
	a. 	An occupant of a property adjoining property where pesticides are applied by a commercial or public applicator may receive prior notification of a pesticide application by personally contacting the applicator in writing in a timely manner and providing the following information:
	(1)	Name and address of occupant.
	(2)	A telephone number of a location where occupant may be contacted during normal business hours and evening hours.
	(3)	Address of each property that adjoins occupant’s property.
	b. 	The applicator receiving a written request for prior notification shall provide notice at least the calendar day before a scheduled application to property adjoining the occupant’s property. The notice may be made in writing, in person or by telephone and shall disclose the date and approximate time of day for the scheduled application. If the notice to the occupant is in a form other than writing the applicator shall document that notice was given and maintain a record of that notice at its place of business.
	c. 	When an applicator is not successful in contacting an occupant of an adjoining property as provided in paragraph “b” of this subrule, the applicator shall, at least the calendar day before a scheduled application, leave a written notice at the residence of the person requesting prior notification indicating the date and approximate time of day for the scheduled application.
	d. 	A request for prior notification shall expire on December 31 of each year, or the date when the occupant no longer occupies the property, whichever is earlier.
	45.50(9) Prior notification of pesticide application to golf courses.
	a. 	An occupant of a property adjoining a golf course may receive prior notice of an application by contacting the golf course superintendent or other responsible person in a timely manner and providing the following information:
	(1)	Name and address of occupant.
	(2)	Telephone number of a location where the occupant may be contacted during normal business hours and evening hours.
	b. 	A golf course representative receiving a request for prior notification shall provide notice at least the day before the scheduled application. The notice may be made in writing, in person or by telephone and shall disclose the date and approximate time of day for the scheduled application.
	c. 	When a golf course representative is not successful in contacting an occupant of an adjoining property the day before a scheduled application, the representative shall leave a written notice at the residence of the person requesting prior notification which shall disclose the date and approximate time of day for the scheduled application.
	d. 	A request for prior notification shall expire on December 31 of each year, or the date when the occupant no longer occupies the property, whichever is earlier.
This rule is intended to implement Iowa Code section 206.19 and 1995 Iowa Acts, Senate File 256.
21—45.51(206) Restrictions on the distribution and use of pesticides containing the active ingredient atrazine or any combination of active ingredients including atrazine.
	45.51(1) Atrazine is the common name for the pesticide chemical 2-chloro-4-ethylamino-6-isopropylamino-1,3,5 triazine.
	45.51(2) All pesticides containing the active ingredient atrazine or any combination of active ingredients including atrazine distributed for sale or use in Iowa shall be classified as restricted use pesticides. All pesticides containing the active ingredient atrazine shall be restricted for retail sale to and use by certified pesticide applicators only.
	45.51(3) A pesticide dealer selling a pesticide containing the active ingredient atrazine shall file an annual report listing the full trade name of the pesticide product, EPA registration number and total volume in gallons or pounds of product sold. This report shall be included with the annual report required under rule 21—45.47(206), Iowa Administrative Code.
	45.51(4) Atrazine use limitations.
	a. 	The application rate for the actual active ingredient atrazine shall be limited to three pounds or less actual active ingredient per acre per calendar year with the exception where further restrictions on the maximum allowable application rates of the active ingredient atrazine apply.
	b. 	Pesticides or any other substance containing the active ingredient atrazine shall not be applied within 50 feet of a sinkhole (outer edge of slope), well, cistern, lake, water impoundment or other similar areas. This includes, but is not limited to, abandoned wells, agricultural drainage wells and drainage well surface inlets and drinking water wells.
	c. 	Pesticides, or any other substance containing the active ingredient atrazine unless handled in the original unopened container shall not be mixed, loaded or repackaged within 100 feet of any well, cistern, sinkhole (outer edge of slope), streambed, lake, water impoundment or other similar areas. This includes, but is not limited to, any well, whether in use or abandoned, including agricultural drainage wells and drainage well inlets. This paragraph shall not apply where pesticides are handled in compliance with the secondary containment of pesticide mixing and loading sites as specified in 21—Chapter 44, Iowa Administrative Code.
	d. 	Atrazine mixing, loading, and equipment cleanout shall be carried out in a manner that meets the secondary containment requirements in 21—Chapter 44, Iowa Administrative Code or in the field of application provided all other restrictions are followed regarding the application of atrazine or rinsates containing atrazine to labeled use areas. Equipment and container wash waters shall be applied to labeled use areas or used as part of dilution makeup water and applied to labeled use areas in accordance with the label instructions and any other restrictions that may apply.
	e. 	The following areas shall be designated as pesticide management areas regarding the application of pesticides containing the active ingredient atrazine. The application of atrazine shall be limited to no more than one and one-half pounds of the actual active ingredient atrazine per acre per calendar year in the following designated areas:
	(1)	All of Allamakee, Clayton, Dubuque, Floyd, Humboldt, Jackson and Winneshiek counties.
	(2)	All areas within the townships of the following counties:

COUNTIES	TOWNSHIPS	
Black Hawk	Poyner	
Bremer	Douglas, Fredericka, Jackson, Jefferson, Lafayette, Polk, Washington	
Butler	Bennezette, Butler, Coldwater, Dayton, Fremont, Pittsford	
Cerro Gordo	Owen, Portland	
Chickasaw	Bradford, Chickasaw, Deerfield	
Clinton	Elk River, Hampshire	
Delaware	Bremen, Colony, Delhi, Elk, Milo, North Fork, Oneida, South Fork, Union	
Fayette	Auburn, Clermont, Dover, Eden, Fairfield, Illyria, Pleasant Valley, Union,	
 	Westfield, Windsor	
Howard	Albion, Chester, Forest City, New Oregon, Vernon Springs	
Jones	Castle Grove, Clay, Hale, Lovell, Oxford, Richland, Washington and Wyoming	
Kossuth	Sherman	
Linn	Marion	
Mitchell	Burr Oak, Cedar, Liberty, Mitchell, Newberg, Osage, Otranto, Rock, Saint	
 	Ansgar, Union, West Lincoln	
Pocahontas	Garfield	
Worth	Barton, Kensett	
Wright	Grant, Lincoln, Wall Lake	
	f. 	Persons conducting research with atrazine shall be exempt from the use limitations described in this rule provided that such research is under the supervision of a federal or state agency or educational institution authorized to conduct research and are properly certified.
	45.51(5) Best management practices. The department of agriculture and land stewardship and the Iowa State University extension service shall jointly develop and implement a set of best management practices (BMPs) and a targeted education program aimed at preventing further contamination of groundwater with atrazine. The pesticide applicator certification training and testing programs shall include information related to the atrazine BMPs.
	45.51(6) As new information becomes available, changes in atrazine use or management shall be reevaluated periodically.
This rule is intended to implement Iowa Code sections 206.19, 206.20, and 206.21.
21—45.52(206) Continuing instructional courses for pesticide applicator recertification. A certified private, commercial, noncommercial or public applicator may elect to renew the pesticide applicator certification by attending two hours of approved continuing instructional courses each year during the renewal period as specified in subrule 45.22(5) in lieu of passing an examination.
	45.52(1) Requirements for continuing instructional courses.
	a. 	An approved continuing instruction course for pesticide applicator recertification shall include, as a minimum, information on safe handling, application and storage of pesticides; the correct calibration of equipment used for the application of pesticides; effects of pesticides upon groundwater; and the federal standards for pesticide applicator certification outlined in 40 CFR 171.5 as revised July 1, 1992, for private applicators or 40 CFR 171.4(b) and (c) revised as of July 1, 1992, for commercial applicators.
	b. 	Instructional courses and materials for recertification shall be developed or approved by the department in cooperation with the Iowa Cooperative Extension Service in agriculture and home economics of Iowa State University of Science and Technology. The instructional course content shall be selected to cover the minimum standards outlined in paragraph “a” of this subrule and presented in two-hour blocks in three consecutive calendar years.
	c. 	The instructional courses may be conducted by the department, Iowa State University Cooperative Extension Service or other persons interested in the application of pesticides as qualified under 45.52(2)“b.”
	d. 	An instructional course offered by a college, university, industry association or other organization may be approved for continuing instruction credit provided the instructional course meets the minimum standards for certification specified in paragraph “a” of this subrule.
	e. 	Courses for approved continuing instruction are not intended for the sale of products or services.
	f. 	An approved instructional course shall designate the certification categories that are eligible for continuing instruction credit. A two-hour program may qualify for more than one certification category. No credit shall be approved for persons not certified in the corresponding categories.
	45.52(2) Provider approval. Provider means the person, industry association or other organization providing continuing instructional courses for pesticide applicator recertification. No course for continuing instruction credit shall be approved unless the provider has first registered with the department.
	a. 	Provider shall register with the department by providing the following information on forms as provided by the department:
	(1)	Name and address of provider or sponsoring organization.
	(2)	Name and telephone number of the contact person.
	(3)	Names and qualifications of instructors.
	(4)	Verification that provider has acquired adequate audiovisual or other necessary equipment and facilities conducive to a learning environment.
	(5)	Verification that all instructors are qualified as provided in these rules.
	(6)	Verification that a current authorized representative of the provider has completed a “train the trainer” course sponsored by the department in cooperation with Iowa State University Cooperative Extension Service.
	b. 	Instructor qualifications. A qualified instructor shall meet the following minimum requirements:
	(1)	Be current, knowledgeable and skillful in the subject matter.
	(2)	As a minimum the equivalent of a four-year degree or experience in teaching in the specialized area within three years preceding the offering or one year of work experience in the specialized area within three years preceding the offering.
	(3)	Be knowledgeable of the current state and federal pesticide laws and regulations.
	(4)	Upon receipt of the required information and satisfactory verification that the provider and instructors have met the requirements as outlined in paragraphs “a” and “b” of this subrule, the department shall assign the provider a registration approval number for each qualified instructor.
	c. 	A person who is the instructor of an approved continuing instructional course is entitled to the same credit as a participant completing the subject but may receive such credit only once in a calendar year, regardless of the number of times the person instructs the instructional course.
	45.52(3) Course approval.
	a. 	Any person, industry association or other organization intending to provide an instructional course for continuing instruction credit shall submit an application to the department for approval. Requests received later than 30 days prior to the date the instructional course is scheduled shall be disapproved.
	b. 	The following information shall be furnished on the request for approval of a continuing instruction course:
	(1)	Name and address of provider or sponsoring organization.
	(2)	Name and telephone number of the contact person for the provider.
	(3)	Course title.
	(4)	Whether the course is new, a repeat course, or a revised course.
	(5)	Course number, if course is repeat or revised.
	(6)	Date(s) course shall be offered.
	(7)	Location(s) where course shall be offered.
	(8)	For a new or revised course, an outline of the course including a schedule of times when subjects shall be presented. The topics covered in the course shall be listed individually. Under each separate topic, a summary of the instruction given and the material covered must be included.
	(9)	Names of instructors.
	(10)	Number of credit hours requested.
	(11)	Signature of the contact person.
	c. 	Any material changes in the instructional course as submitted to the department on the request form and attachments shall automatically void the approval.
	d. 	A copy of all course materials shall be provided upon request by the department.
	e. 	A provider shall be notified indicating approval or disapproval. Approved courses shall be assigned a course number.
	45.52(4) Certificate of completion.
	a. 	The department shall adopt a standard certificate of completion form and provide the form to each registered provider. The form shall include the applicator’s name, social security number, name of employer when applicable, course number, date and location of the course, the category or categories the course has been approved for and the signature of the course instructor.
	b. 	Once a course is approved, the provider shall furnish a certificate of completion to each person who satisfactorily completes such a course. The certificate shall be signed by the course instructor. Providers shall also maintain a list of all persons who attend courses offered by them for continuing instruction for at least three years from the end of the year in which the courses are offered. The list shall identify each participant by name, address, social security number and employer when applicable.
	45.52(5) Provider’s responsibility.
	a. 	A provider of an approved course is responsible for both the attendance of the participants and their attention. During the approved instructional course, if the provider finds that a participant is reading unrelated materials, sleeping, talking excessively with a neighbor or is otherwise disruptive or inattentive, the provider may refuse to grant the participant any credit for attendance.
	b. 	A provider may require participants to preregister for an approved course. In the event a provider cancels an approved course, the provider shall notify each individual registered for the course in a timely manner but not less than three business days prior, except as specified, to the scheduled date of the course.
	c. 	A provider who cancels a course which did not require participants to preregister shall notify prospective participants in a timely manner. Notification for cancellation may be accomplished by a similar means of communication as the original notification of the course availability or any other generally accepted means of reaching the expected target participants.
	d. 	Minimum lead time for participant notification of canceled courses shall be waived when courses are canceled because of emergency conditions such as extreme weather conditions, acts of God, military actions, or any other circumstance which is deemed to be an emergency condition. Providers shall attempt to notify prospective participants by public service announcements via radio or television broadcasts which may provide this service.
	e. 	A provider shall notify the pesticide bureau of the department in a timely manner prior to the cancellation of an approved course. Initial notice of cancellation may be made by telephone; however, cancellations made by telephone shall be followed by written verification.
	f. 	Provider records. The provider shall maintain a list of all persons who attend courses offered by them for continuing instruction credit for at least three years from the end of the year in which the courses are offered. The record system shall provide for secure storage and retrieval of individual attendance and information regarding each instructional course offering. The provider’s record of continuing instruction credits granted shall be available within two weeks upon request from individual participants or from the department.
	g. 	If the provider is not the instructor, the provider shall inform the instructor of the instructor’s responsibilities as provided in this subrule.
	45.52(6) Enforcement—providers.
	a. 	The department may, upon finding any one or more of the following, revoke or suspend a provider’s registration after an opportunity for hearing:
	(1)	Advertising that a course is approved, prior to approval;
	(2)	Presenting material not approved as provided in subrule 45.52(1) during the time of an approved course;
	(3)	Failing to present a course for the total time period specified in the request form submitted to the department;
	(4)	Distributing certificates of completion before the course has been completed;
	(5)	Refusing to issue certificates of completion to any participant who satisfactorily completes an approved course, except when 45.52(5)“a” applies;
	(6)	Failing to notify course registrants of a cancellation pursuant to 45.52(5)“b” and 45.52(5)“c”; or
	(7)	Utilizing instructors who are not qualified as provided in these rules.
	b. 	The department may suspend or revoke a provider’s registration after notice and opportunity for hearing pursuant to 21—Chapter 2, Iowa Administrative Code.
	c. 	In addition, the department may require any one or more of the following upon a finding of a violation of paragraph “a” of this subrule.
	(1)	Upon receipt of an application to reregister, provide evidence that all violations have been cured;
	(2)	Withdraw the possibility of course approvals of courses sponsored by such provider for a set period of time or indefinitely; or
	(3)	Any other disciplinary action permitted by statute.
This rule is intended to implement Iowa Code Supplement section 206.5.
DIVISION II
21—45.53 to 45.99 Reserved.
DIVISION III
CIVIL PENALTIES
This division establishes a peer review panel solely to make recommendations to the department regarding the assessment of civil penalties and sets forth the policies and procedures for establishing, accessing, and collecting civil penalties against commercial pesticide applicators for violations of Iowa Code chapter 206 or rules promulgated pursuant to Iowa Code chapter 206. Iowa Code section 206.19(5) authorizes the assessment of civil penalties against commercial applicators for violations of Iowa Code chapter 206 or rules promulgated pursuant to Iowa Code chapter 206. Iowa Code section 206.23A mandates the department to establish a commercial pesticide applicator peer review panel and a period for the review and response by the panel.
21—45.100(206) Definitions. Where used in these rules:
“Contested case hearing” means an evidentiary hearing pursuant to Iowa Code chapter 17A.
“Department” means the pesticide bureau of the Iowa department of agriculture and land stewardship.
“Informal settlement” means an agreement between representatives of the department and a commercial applicator providing for sanctions for a violation of Iowa Code chapter 206 or the department’s rules but does not include a contested case hearing.
“Panel” means the peer review panel.
“Peer review panel” means the peer review panel appointed by the secretary to assist in the review of proposed civil penalties for commercial applicators.
“Review period” means the period of time during which the department or commercial applicator subject to a civil penalty may seek review by the panel.
21—45.101(206) Commercial pesticide applicator peer review panel. The peer review panel was created by Iowa Code section 206.23A and is charged with the responsibility of assisting the department in assessing or collecting a civil penalty pursuant to Iowa Code section 206.19(5). This section does not apply to a license revocation proceeding, a referral for criminal prosecution or a referral to the United States Environmental Protection Agency.
	45.101(1) Organization and operation location. The panel is located within the Iowa Department of Agriculture and Land Stewardship, Henry A. Wallace Building, Des Moines, Iowa 50319. The department’s office hours are from 8 a.m.	to 4:30 p.m., Monday through Friday.
	45.101(2) Membership. The panel consists of five members as set forth in Iowa Code section 206.23A.
	45.101(3) Staff. Staff assistance is provided through the Iowa department of agriculture and land stewardship.
	45.101(4) Meetings. The panel meets annually to elect a chairperson but may meet at other times at the call of the chairperson or upon written request to the chairperson of two or more members.
All panel meetings shall comply with Iowa Code chapter 21. A quorum of three-fifths of the panel members shall be present to transact business.
Action by the panel requires a vote of a majority of those on the panel. Meetings follow Robert’s Rules of Order. Minutes of each meeting are available from the Secretary of Agriculture, Iowa Department of Agriculture and Land Stewardship, Henry A. Wallace Building, Des Moines, Iowa 50319.
21—45.102(206) Civil penalties—establishment, assessment, and collection. Commercial applicators who violate provisions of Iowa Code chapter 206 or rules promulgated pursuant to Iowa Code chapter 206 may be subject to civil penalties. This rule outlines the criteria and procedures for establishing, assessing, and collecting civil penalties.
	45.102(1) Criteria. In evaluating a violation to determine which cases may be appropriate for administrative assessment of penalties, and in determining the amount of penalty, or for purposes of assessing civil penalties, the department shall consider all of the following factors:
	a. 	Willfulness or recklessness of the violation.
	b. 	Actual or potential danger of injury to the public health, safety, or damage to the environment caused by the violation.
	c. 	Actual or potential cost of the injury or damage caused by the violation to the public health or safety or to the environment.
	d. 	Actual and potential cost incurred by the department in enforcing the provisions of Iowa Code chapter 206 and rules adopted pursuant to this chapter against the violator.
	e. 	Remedial action taken by the commercial applicator.
	f. 	Previous history of noncompliance by the commercial applicator being assessed the civil penalty.
	45.102(2) Notice and hearing. Civil penalties may be assessed against a commercial applicator only after notice and an opportunity for a contested case hearing unless the parties agree to an informal settlement which assesses a civil penalty or other disciplinary action. The department may seek assessment of a civil penalty by serving a complaint upon the commercial applicator. The complaint shall include a statement of the time, place and nature of the hearing, a statement of the legal authority and jurisdiction under which the hearing will be held, a reference to the statute or rules involved, a statement of the matters asserted, and shall inform the applicator of the availability of review by the panel. The complaint may be served on the commercial applicator by personal service or by certified mail, return receipt requested. The contested case shall be governed by the department’s rules on contested case hearings. The department’s procedures for informal settlement also apply.
	45.102(3) Administrative order. Upon finding that a commercial applicator has violated Iowa Code chapter 206 or rules adopted pursuant to this chapter, an administrative order shall be issued assessing the civil penalty. The order shall recite the facts, the legal requirements which have been violated, the rationale for the assessment of the civil penalty and the date of issuance.
	45.102(4) Amount of penalty. The civil penalty imposed on a commercial applicator shall not exceed $500 per violation of Iowa Code chapter 206 or to the rules promulgated pursuant to Iowa Code chapter 206. Each day a commercial applicator is in violation following receipt of written notification of such violation from the department may be considered a separate violation.
	45.102(5) Payment. The penalty shall be paid within 30 days of the date the order assessing the civil penalty becomes final. Failure to pay the civil penalty within three months of the date the order becomes final shall be grounds for suspension or revocation of the commercial applicator’s license. The department may request that the attorney general institute judicial proceedings to recover an unpaid civil penalty.
	45.102(6) Informal settlement. These rules do not apply to any settlement reached between the commercial applicator and the department prior to the initiation of a contested case proceeding. The department shall notify the applicator that it has found a probable violation with a proposed penalty and provide the applicator an opportunity to attend an informal settlement conference. The department and the applicator may attend an informal settlement conference and reach an agreement about the assessment of a civil penalty or other disciplinary action against the applicator. This agreement is not reviewable by the panel.
21—45.103(206) Review period. Either the department or commercial applicator may request peer review within 14 days following the department’s notification of a probable violation and proposed penalty, if no agreement has been reached.
	45.103(1) If the department seeks review, it shall prepare a brief summary of the case against the commercial applicator for the panel. The summary shall include the name of the applicator, a short and concise description of the facts, and the rationale for the penalty sought with reference to the factors to be considered in assessment of civil penalties as provided in these rules.
	45.103(2) If the commercial applicator seeks review, the commercial applicator shall submit a short and concise statement of the facts of the case and a statement as to why the amount of civil penalty sought to be assessed is inappropriate under the circumstances of the case.
21—45.104(206) Review by peer review panel. The request for review shall be served in writing by regular mail upon the chairperson of the panel, with copies furnished to the other party. Upon receipt of the request for review, the chairperson shall schedule a meeting of the panel in Des Moines at the Henry A. Wallace Building. The panel may agree to meet telephonically, with the chairperson providing copies of the request for review to the members of the panel.
	45.104(1) The panel shall confine its review to the department’s summary or the information furnished by the commercial applicator. The department’s investigative files, or parts thereof, may be made available to the panel upon request. The panel’s review shall not be a contested case evidentiary hearing. The panel shall not have power to examine or cross-examine witnesses, nor shall it have power to subpoena witnesses or documents.
	45.104(2) The panel’s recommendation may include increasing the amount of civil penalty, reducing the amount of civil penalty or not imposing a penalty or that conditions be placed upon the license of the commercial applicator.
21—45.105(206) Response by peer review panel. The panel shall notify in writing the department and the commercial applicator of its recommendations within 30 days of receipt of a request for review. Upon receipt of the panel’s recommendations, the department and the commercial applicator may reach an agreement on the amount of the civil penalty. If the parties do not agree, the department may initiate or continue the contested case proceeding. The department is not required to follow the recommendation of the panel as to assessment of the civil penalty. If the department does not receive a recommendation from the panel within 30 days of the panel’s receipt of a request for review, it may proceed with the hearing.
These rules are intended to implement Iowa Code section 206.23A.
[Filed December 2, 1963; amended May 15, 1964]
[Filed 5/21/76, Notice 12/15/75—published 6/14/76, effective 7/20/76]
[Filed without notice 12/21/76—published 1/12/77, effective 2/17/77]
[Filed 2/17/77, Notice 1/12/77—published 3/9/77, effective 4/14/77]
[Filed 5/25/77, Notice 2/23/77—published 6/15/77, effective 7/20/77]
[Filed 6/10/77, Notice 4/20/77—published 6/29/77, effective 8/4/77]
[Filed 6/26/78, Notice 5/17/78—published 7/26/78, effective 8/30/78]
[Filed 7/23/79, Notice 5/2/79—published 8/8/79, effective 9/12/79]
[Filed 12/7/79, Notice 9/5/79—published 12/26/79, effective 1/30/80]
[Filed emergency 1/30/80—published 2/20/80, effective 1/30/80]
[Filed 3/28/80, Notice 2/20/80—published 4/16/80, effective 5/26/80]
[Filed 4/23/80, Notice 3/19/80—published 5/14/80, effective 6/18/80]
[Filed 9/26/80, Notice 8/20/80—published 10/15/80, effective 11/19/80]
[Filed 1/13/84, Notice 12/7/83—published 2/1/84, effective 3/7/84]◊
[Filed emergency 2/10/84—published 2/29/84, effective 2/10/84]
[Filed emergency 3/9/84—published 3/28/84, effective 3/9/84]
[Filed 4/6/84, Notice 2/29/84—published 4/25/84, effective 5/30/84]
[Filed 5/4/84, Notice 3/28/84—published 5/23/84, effective 6/27/84]
[Filed emergency 6/19/86—published 7/16/86, effective 6/19/86]
[Filed 8/28/86, Notice 7/16/86—published 9/24/86, effective 10/29/86]
[Filed 10/31/86, Notice 6/18/86—published 11/19/86, effective 12/24/86]
[Filed 1/22/88, Notice 11/4/87—published 2/10/88, effective 3/16/88]
[Filed emergency 7/8/88 after Notice 6/1/88—published 7/27/88, effective 7/8/88]
[Filed 8/23/88, Notice 6/29/88—published 9/7/88, effective 10/12/88]
[Filed 10/26/89, Notice 8/23/89—published 11/15/89, effective 12/20/89]◊
[Filed emergency 1/10/90—published 2/7/90, effective 1/10/90]
[Filed emergency 2/15/90 after Notice 1/10/90—published 3/7/90, effective 2/15/90]
[Filed emergency 1/2/91—published 1/23/91, effective 1/2/91]
[Filed emergency 10/8/93—published 10/27/93, effective 10/8/93]
[Filed 4/20/94, Notice 10/27/93—published 5/11/94, effective 6/15/94]
[Filed 7/29/94, Notice 4/13/94—published 8/17/94, effective 9/21/94]
[Filed 9/7/95, Notice 8/2/95—published 9/27/95, effective 11/1/95]◊
[Filed emergency 4/4/08 after Notice 2/27/08—published 4/23/08, effective 4/4/08]
[Filed Emergency After Notice ARC 7572B (Notice ARC 7432B, IAB 12/17/08), IAB 2/11/09, effective 1/22/09]
[Filed Emergency After Notice ARC 7556B (Notice ARC 7339B, IAB 11/19/08), IAB 2/11/09, effective 2/1/09]
◊	Two or more ARCs