1.5 Product Registration, RUP Dealers & Special Permits
Key Takeaways
- Every pesticide distributed in Arkansas must be registered with the Department under the Arkansas Pesticide Control Act (Act 410 of 1975, Ark. Code Ann. Sec. 2-16-401 et seq.), and the registration is what assigns the product its state Class A through J designation.
- A restricted use pesticide dealer licence costs $65 and is required to sell restricted use products and state-classified Class E or Class F products; every branch that sells or distributes them needs its own licence.
- Dealer records are entered at the time of sale and kept two years, and must show the date of purchase, the purchaser's name, address and licence or permit number, the delivery location, the complete brand name, and the quantity.
- A dealer may not sell a Class E, F, H or J product to anyone who does not hold a current licence or permit, must keep a copy of the applicator's licence on file, and for dicamba and warfarin must also hold the applicator's proof of registrant training.
- A $100 annual hardship permit is the only exemption from the Class F ten-county April 16 through September 15 restriction, and it requires ten-minute weather logging, a producer signature, and filing with a GPS map within ten days.
1.5 Product Registration, RUP Dealers & Special Permits
Core Concept: Applicator licensing is only half of Arkansas pesticide law. The Arkansas Pesticide Control Act (Act 410 of 1975, Ark. Code Ann. Sec. 2-16-401 et seq.) and its rules at 2 CAR pt. 71 control what may be sold in the state at all, and the class-specific dealer provisions in 2 CAR pt. 70 control who may buy it. Exam items about "who is in violation" frequently turn on the dealer, not the applicator.
Every chemical that reaches an Arkansas spray tank passed through a registration decision and a dealer transaction first. Understanding both is what lets you answer scenario items where a producer legitimately holds a licence but the product was never registered, or where the product is fine but the sale itself was unlawful.
Product Registration Under Act 410
- Registration is mandatory. A pesticide must be registered with the Department before it is sold, offered for sale, or distributed in Arkansas. Registration is annual and carries a fee set by 2 CAR Sec. 71-101.
- Registration is where classification happens. 2 CAR Sec. 70-106(a)(1) provides that all pesticides, when registered in the State of Arkansas, are classified as Class A unless research or experience shows that certain problems may be inherent in the product's use. That knowledge can come from research findings, findings of other state or federal agencies, or the State Plant Board's own experience - and in those cases the Board may, by rule, move the product to another class.
- A class designation is sticky. Once assigned, the designation stays the same unless changed by the Board through rulemaking. You cannot argue a product out of its class in the field.
- Section 18 and 24(c) uses are not exempt. State class restrictions apply to uses allowed through FIFRA Section 18 emergency exemptions and Section 24(c) special local need registrations, except where the label is clearly more restrictive, in which case the label governs.
The Restricted Use Pesticide Dealer Licence
| Requirement | Detail |
|---|---|
| Fee | $65 for dealers handling restricted use pesticides and state-classified products with the Class E or Class F designation (2 CAR Sec. 72-106) |
| Branches | Each branch that sells or distributes these products must hold its own dealer's licence |
| Order takers | Firms or distributors who take orders must hold a dealer's licence even if the order is placed with a licensed dealer or manufacturer, and even if no profit is made |
| Registered products only | A dealer may sell only pesticides that are registered in the state |
| Non-residents | Must designate and maintain a resident agent in Arkansas for service of process |
Container-Size Triggers
The dealer licensing trigger is written by container size, and the sizes differ by class:
- Class E and Class F: dealer licence required for packages of more than one quart.
- Class H (dicamba): dealer licence required for packages of more than one quart, and the class itself only reaches products packaged in containers of more than one quart labelled for agricultural use.
- Class J (warfarin feral hog toxicant): a restricted use pesticide dealer licence is required with no container-size threshold.
Who May Buy
- Class E / Class F: sale of containers over one quart to anyone other than a dealer or a custom or private applicator holding a current, valid licence or permit is prohibited, and the dealer must keep a copy of the custom applicator's licence on file.
- Class H: sale of containers over one quart to anyone other than a dealer or a licensed applicator is prohibited; the dealer must have a copy of the applicator's licence on file, and the applicator must supply proof of dicamba training before purchase.
- Class J: the dealer must retain a copy of the applicator's licence and the certificate showing completion of the manufacturer's training.
- Class I (quinclorac): may not be sold to anyone who does not hold a current private, commercial, or non-commercial applicator's licence.
Dealer Records
Entries are made at the time of sale or distribution - not later - and must include the date of the purchase; the name, address, and licence or permit number of the purchaser; and the name and address of the delivery location. The complete brand name and quantity are also recorded, and for Class J the EPA registration number as well. All dealer records are kept two (2) years from the date of sale and made available for inspection on request.
Out-of-State Sales and Agency Exemptions
Two exemptions recur on exams because they look like loopholes but are narrow:
- Sale for use outside Arkansas. Class E, F, or H products that are not federally designated as restricted use may be purchased from an Arkansas dealer for use outside Arkansas without the dealer holding a dealer's licence or the purchaser holding an applicator's licence.
- Out-of-state certification. Applicators who can show current certification and licensing from another state may purchase restricted use pesticides from an Arkansas-licensed RUP dealer if the product is to be used outside Arkansas.
Licensing requirements also do not reach USDA, the University of Arkansas experiment stations, other state or federal agencies, ornamental and turf weed control, company demonstrations with ground equipment, or home-use fertilizer and soil-conditioner blends containing the designated product. Critically, nothing in that exemption excuses a custom applicator making applications for those agencies, and an agency acting as a dealer is still bound by the dealer requirements.
Special Permits
| Permit | What it does |
|---|---|
| 2,4-D hardship permit | The only exemption from the Class F prohibition on ground or air application in Clay, Greene, Craighead, Poinsett, Cross, Crittenden, St. Francis, Lee, Phillips and Mississippi counties from April 16 through September 15. Costs $100 annually, must be in the permittee's possession before the application, and requires the producer to be present and sign the record. Weather - wind speed (never below 2 mph), wind direction, ambient temperature and precipitation condition - is logged at ten-minute intervals during each load, and the record plus a GPS map is filed with the Department within 10 days. |
| Bulk dealer permit | Required to repackage pesticides from bulk containers into smaller containers. |
| Custom applicator firm permit | Required before any Class E or Class F application; covered in Section 8.1. |
| Tree injector permit | Substitute for the custom applicator permit for firms doing tree injection work only. |
[!WARNING] Exam Trap: Rice Levee Spraying Rice levee spraying does not require the hardship permit in the listed counties west of the approximate north-south centre line of Crowley's Ridge - but the record, wind-direction, and producer-signature conditions still apply, records are kept two years, no 2,4-D esters may be used, no more than 10% of droplets may be smaller than 300 microns, boom width may not exceed 10 feet, nozzle height may not exceed 30 inches above the top of the levee, and the spray vehicle may not exceed 8 mph.
Key Takeaways in Practice
A licensed applicator who buys a Class H product from a dealer that never verified the licence has still committed no purchasing violation if their own licence and training were current - but the dealer has. Conversely, an applicator who cannot produce proof of dicamba training at the point of sale cannot lawfully complete the purchase, no matter how current the applicator licence is.
A farm supply store in Poinsett County has a restricted use pesticide dealer licence at its main location and opens a second branch ten miles away that will also stock 2.5-gallon jugs of agricultural 2,4-D. The branch manager plans to write orders at the branch and have the main store ship the product. What does Arkansas require?
An Arkansas dealer sells a 2.5-gallon jug of an agricultural dicamba product to a producer who presents a current private applicator licence but cannot produce a certificate of dicamba training. What is the correct outcome?
A cotton producer farming in Crittenden County wants to apply a 2,4-D amine product by ground on May 20 to a pasture adjacent to a cotton field. Which statement is correct?