| (a) Any and all pesticides and devices using the active
ingredient sodium fluoroacetate for livestock predation control shall
be classified as state-limited-use, pursuant to the Act, §76.003.
(b) In addition to the definitions set out in the Act, §76.001,
and §7.1 of this chapter (relating to Definitions), the following
terms, when used in this section, shall have the following meanings,
unless the context clearly indicates otherwise.
(1) LPC applicator--A person who has obtained a license
from the department as a private, commercial, or noncommercial applicator
or who has obtained a private applicator certificate and has fulfilled
the requirements for livestock protection collar certification as
set forth in this section. Private applicators may certify to use
the livestock protection collar on property owned, leased, or rented
by the person or the person's employer or under the person's general
control. Employees of government agencies who apply collars in administration
of official duties or persons that apply collars on their own or employer's
property may obtain a livestock protection collar certification under
a noncommercial license. Persons operating a business or employed
by a business to apply livestock protection collars on the property
of another for hire must obtain livestock protection collar certification
under a commercial applicator license.
(2) Livestock protection collar (LPC)--A collar-like
device which has been filled with the active ingredient sodium fluoroacetate
(Compound 1080) to control predation.
(3) Registrant agent--A representative of a registrant.
Each registrant agent must be a licensed pesticide dealer or a licensed
private, commercial, or noncommercial applicator certified in the
livestock protection collar subcategory, and approved by the department
to distribute livestock protection collars to approved LPC applicators.
(4) Collar pool agent--A person designated by the department
to operate a livestock protection collar pool. Each collar pool agent
must be a licensed pesticide dealer or county extension agent, a certified
private applicator certified in the livestock protection collar subcategory,
or a licensed private, commercial, or noncommercial applicator certified
in the livestock protection collar subcategory and approved by the
department to distribute livestock protection collars to approved
LPC applicators.
(c) Distribution requirements. Registrants, registrant
agents, and collar pool agents distributing livestock protection collars
must meet the following requirements.
(1) Each registrant must obtain a license under the
Act, §76.071, and comply with the provisions of §7.20 of
this chapter (relating to Application).
(2) Each registrant and registrant agent who distributes
livestock protection collars must obtain a license as a private, commercial,
or noncommercial applicator with certification in the livestock protection
collar subcategory and a pesticide dealer license. Each collar pool
agent who distributes livestock protection collars must possess a
private applicator certification and obtain certification in the livestock
protection collar subcategory or obtain a license as a private, commercial,
or noncommercial applicator with certification in the livestock protection
collar subcategory and, except for county extension agents, a pesticide
dealer license. Collars shall be distributed only by registrants or
agents and only to certified livestock protection collar applicators.
(3) Livestock protection collars may not be distributed
by registrants or agents to persons other than registrants or agents
for the purpose of resale.
(4) Each registrant may designate registrant agents
and shall file with the department written notice of the name, home
address, address of distribution site, and telephone number of each
agent. The registrant shall notify the department of any change in
this information within ten days. The department shall notify the
registrant in writing if the agent is approved or disapproved.
(5) Each livestock protection collar shall have a unique
serial number clearly and firmly affixed to it.
(6) Registrants and agents shall dispose of livestock
protection collars strictly in accordance with label directions.
(7) Registrants and agents shall distribute the forms
prescribed by the department for use by LPC applicators with each
distribution of livestock protection collars.
(8) Registrants and agents shall report to the department
any incident or complaints of misuse involving a livestock protection
collar.
(d) In order to be certified as an LPC applicator,
the following criteria must be met.
(1) A person seeking certification as a licensed commercial
LPC applicator shall comply with the licensing requirements of §7.22
and §7.23 of this chapter (relating to Licensing of Applicators
and Applicator Business Proof of Financial Responsibility), complete
livestock protection collar training, pass a test prescribed by the
department, and pay the license fee prescribed by §7.20 of this
chapter (relating to Application).
(2) A person seeking certification as a licensed noncommercial
LPC applicator shall comply with the licensing requirements of §7.22
of this chapter (relating to Licensing of Applicators), complete livestock
protection collar training, pass a test prescribed by the department
and pay the license fee prescribed by §7.20 of this chapter.
(3) A person seeking certification as a private LPC
applicator must possess a valid private applicator certificate or
a private applicator license in accordance with §7.22 of this
chapter (relating to Licensing of Applicators), complete livestock
protection collar training, and pass a test prescribed by the department.
No testing fee will be collected from private applicators.
(4) All LPC applicators must recertify as required
by §7.24 of this chapter (relating to Applicator Recertification).
Each LPC applicator is responsible for giving written notice to the
department of any change of address. The department may require retraining
and retesting of any LPC applicator who fails to comply with the use,
recordkeeping or other requirements of the department.
(5) The licensing requirements of §7.25 of this
chapter (relating to Expiration and Renewal of Licenses) apply to
all LPC applicators.
(e) LPC applicators must undergo training, including
training in the following areas:
(1) the proper use of the livestock protection collar;
(2) the proper method of disposing of collars and contaminated
materials;
(3) health and safety hazards, safe handling techniques,
and emergency treatment in cases of accidental exposure;
(4) recordkeeping and reporting requirements;
(5) proper methods of identifying causes of predation;
and
(6) approved methods of predator management.
(f) All LPC applicators shall comply with the label,
including the use restrictions, when using the livestock protection
collar. Copies of the label and applicator record forms shall be obtained
with the purchase or transfer of any collar from a registrant or agent.
Additional copies of the label and forms may be obtained from the
department.
(g) Each registrant shall maintain records for the
registrant and all registrant agents on forms prescribed by the department
for at least two years which include:
(1) an inventory of Compound 1080 and an inventory
of livestock protection collars including the serial number, size,
type of straps, number of straps, and configuration for each collar.
An annual production report shall be filed on forms prescribed by
the department by each registrant by January 31 for the previous calendar
year reporting on the number and type of livestock protection collars
produced and distributed and on the quantity of Compound 1080 purchased
and used;
(2) information on all distributions to applicators
or agents, including:
(A) the date of distribution;
(B) the name, telephone number, address, and applicator
license number of each LPC applicator who purchased or received a
collar;
(C) the number of livestock protection collars distributed;
and
(D) the serial number of each collar.
(3) A record of all distributions of collars by a registrant
or agent shall be submitted to the department monthly. A report is
not required for months in which a distribution does not occur.
(4) Each collar pool agent shall notify the department
monthly of all distributions of collars and shall maintain records
for at least two years, including:
(A) the date of distribution or receipt of collars;
(B) the name, telephone number, address, and applicator
license number of each LPC applicator who purchased, transferred,
or received a collar;
(C) the number of livestock protection collars distributed;
Cont'd... |
