N.M. Admin. Code § 21.17.56.9

Current through Register Vol. 35, No. 23, December 10, 2024

Section 21.17.56.9 - USE OF PESTICIDE IN A MANNER INCONSISTENT WITH ITS LABELING

It shall be unlawful to use any pesticide in a manner inconsistent with the directions on its labeling; provided, the term "inconsistent with the directions" shall not include:

A. applying a pesticide at any dosage, concentration, or frequency less than that specified on the labeling, provided this paragraph shall not apply to the use of termiticides;

B. applying a pesticide 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 U.S. environmental protection agency has required that the labeling specifically state the pesticide may be used only for the pests specified on the labeling and the U.S. environmental protection agency has determined the use of the pesticide against other pests would cause an unreasonable adverse effect on the environment;

C. mixing a pesticide or pesticides with a fertilizer when such mixture is not prohibited by the labeling;

D. any use of a pesticide in conformance with sections 5, 18, or 24 of the federal Insecticide, Fungicide, and Rodenticide Act.

N.M. Admin. Code § 21.17.56.9

5/18/87; 21.17.56.9 NMAC - Rn, 21 NMAC 17.56.9, 02/28/07