Ariz. Admin. Code § R18-6-106 - Informational Requirements for a Pesticide Formulator

A. A pesticide formulator may rely upon the data generated by another person to meet the requirements in R18-6-102.
B. The pesticide formulator shall submit to the Department the name of every third-party person who is a source of each agricultural use pesticide active ingredient, including evidence of the formulator's business relationship with each third party by way of:
1. A signed contract, or
2. Any other documentation of a business arrangement, endorsed by each party.

B. The Department shall request that each person identified under subsection (A) verify within 30 days, in writing, whether the person provides the pesticide formulator with the active ingredient in question.

C. If a person advises the Department that the person is not a source for the active ingredient used by the pesticide formulator or if the person does not respond under subsection (B), the Department shall notify the pesticide formulator of that fact and shall require the pesticide formulator to provide either of the following documents attesting to a business relationship involving the active ingredient in question:

1. A signed contract, or

2. Any other documentation of a business arrangement, endorsed by each party.

DC. If the pesticide formulator does not produce acceptable documentation of a business relationship under subsection (B) or if a person identified by the pesticide formulator is not a data generator for the active ingredient in question, the Director shall find that a ground-water protection data gap exists for the agricultural use pesticide, and the formulator is subject to the provisions in A.R.S. § 49-304.
ED. Any pesticide formulator who relies on data submitted by a person identified as a source under subsection (B) shall notify the Department of any change in the source within 60 days of a similar notification to the EPA.

Notes

Ariz. Admin. Code § R18-6-106
Adopted effective September 23, 1992 (Supp. 92-3). Amended by final rulemaking at 11 A.A.R. 3949, effective November 22, 2005 (Supp. 05-3). Amended by final expedited rulemaking at 29 A.A.R. 2341, effective 9/22/2023.

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