(a) It shall be a violation for any person to use or
cause to be used a pesticide in a manner inconsistent with its label
or labeling. Use inconsistent with the label includes, but is not
limited to:
(1) applications at sites, rates, concentrations, intervals,
or under conditions not specified in the labeled directions, except:
(A) applying a pesticide at any dosage, concentration,
or frequency less than that specified on the labeling unless the labeling
specifically prohibits deviation from the specified dosage, concentration,
or frequency;
(B) applying a pesticide against any target pest not
specified on the label or labeling if the application is to the crop,
animal, or site specified on the labeling, unless the department or
EPA has required that the labeling specifically state that the pesticide
may be used only for the pests specified on the labeling after the
department or EPA has determined that the use of the pesticide against
other pests would cause an unreasonable, adverse effect on the environment;
(C) employing any method of application not prohibited
by the labeling unless the labeling specifically states that the product
may be applied only by the methods specified on the labeling or unless
prohibited by law or regulation;
(D) mixing a pesticide or pesticides with a fertilizer
when such mixture is not prohibited by the labeling;
(E) when a pesticide is applied in conformance with
an approved experimental use permit (EUP);
(F) when a pesticide is applied in conformance with
an approved emergency exemption granted by EPA to a federal or state
agency;
(G) when a pesticide is applied in conformance with
an approved special local need registration; and
(H) when a pesticide is applied in any situation receiving
prior written approval from EPA;
(2) tank mixing of pesticides, or using application
techniques, or equipment prohibited by the label;
(3) failure to observe reentry intervals, preharvest
intervals, grazing restrictions, or worker protection requirements:
(A) it is the responsibility of the person in control
of the commodity or site treated to be knowledgeable of and comply
with the requirements of this paragraph; and
(B) if a commercial applicator furnishes the pesticide,
it is the commercial applicator's responsibility to notify the person
in control of the commodity or site treated of the requirements of
this section that pertain to restricted-entry intervals, preharvest
intervals, grazing restrictions, or worker protection requirements,
prior to, or at the time of treatment; and
(4) improper storage or disposal of the pesticide or
its container.
(b) It shall be a violation for any person to use or
cause to be used a pesticide in a manner inconsistent with any permit,
emergency exemption or special local needs registration issued by
the department or EPA.
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