The proposed glyphosate regulations being considered by the Arkansas Plant Board read:

Class G.

Products with this designation shall be used in accordance with all other applicable federal and state laws and regulations written pursuant thereto, the label registered with the State of Arkansas, the applicable restrictions identified for Class A, B, C, and D above and the following additional restrictions. Products assigned to this class include only those products packaged in containers one (1) gallon or larger and labeled for agricultural use.

A. Dealer Requirements

1. Persons or firms that wish to sell products in Arkansas with this designation must meet the dealer requirements as set out for products with the Class E designation, except that where reference is made to “packages of more than one quart” in Section IX, it shall be read as “containers one (1) gallon or larger and labeled for agricultural use”.

2. Beginning January 1, 2008, dealers may not sell Class G products to Commercial, Non-Commercial or Private Applicators that cannot show proof of having attended a Class G Drift Mitigation Class as required below. For Commercial and Non-Commercial Applicators proof would be a current Commercial or Non-Commercial Applicator’s License with a Class G Category noted on the document. For Private Applicators proof would be a current Class G Permit obtained from the Plant Board.

B. Commercial Applicator Requirements

1. Beginning January 1, 2008 all applicants for a Commercial Applicators license that desire to apply Class G products must have attended a Class G Drift Mitigation training class provided by the Plant Board, passed an examination administered by the Plant Board with a score of 70 or more within the past twelve months and paid a Class G Category fee of $35. Beginning January 1, 2009 all applicants for a Commercial Applicators License that desire to apply Class G products must have attended a Class G Drift Mitigation training class provided by the Plant Board, passed an examination administered by the Plant Board with a score of 70 or more within the past 24 months and paid a Class G Category fee of $35. An applicant may be excused from attending the Class G Drift Mitigation training if he/she can achieve a score of 90 or higher on a drift mitigation test administered by the Plant Board.

2. Beginning January 1, 2008, all applicants for a Commercial Applicator Technician (CAT) license, that plan to apply products with this designation must achieve a passing score of 70 or more on an examination administered by the Plant Board in conjunction with the CAT training. The Applicant’s CAT license will be marked to show successful completion of the training.

C. Non-Commercial Applicator Requirements

1. Beginning January 1, 2008 all applicants for a Non-Commercial Applicators license that desire to apply Class G products must have attended a Class G Drift Mitigation training class provided by the Plant Board, passed an examination administered by the Plant Board with a score of 70 or more within the past twelve months and paid a Class G Category fee of $35. Beginning January 1, 2009 all applicants for a Non-Commercial Applicators License that desire to apply Class G products must have attended a Class G Drift Mitigation training class provided by the Plant Board, passed an examination administered by the Plant Board with a score of 70 or more within the past 24 months and paid a Class G Category fee of $35. An applicant may be excused from attending the Class G Drift Mitigation Training if he/she can achieve a score of 90 or higher on a drift mitigation test administered by the Plant Board. Persons working under the supervision of a Non-Commercial Applicator and who will apply Class G products must obtain a Non-Commercial Applicator License with a Class G Category to do so.

2. Beginning January 1, 2008 all equipment with an effective swath width of 20 feet or more used to apply Class G products must be registered with the Plant Board every two years, display a current decal, and be in compliance with the application equipment set-up requirements specified for herbicide applications contained in Regulation 2 of the regulations promulgated pursuant to the Pesticide Use and Application Act of 1975, as amended. The fee for each piece of equipment registered will be $20. Equipment registration decals must be displayed on the registered equipment in a conspicuous location. Thereafter, said application equipment set-up may be inspected at reasonable times by the Plant Board to verify compliance with the set-up requirements.

3. All equipment used to apply Class G products must be operated in accordance with the spray boom height, vehicle speed, droplet size, and temperature restrictions specified in Regulation 2 of the regulations promulgated pursuant to the Pesticide Use and Application Act of 1975, as amended.

4. At the time of each application, the following information must be recorded for each application of a product with this classification made by a Non-Commercial Applicator and maintained for a period of three (3) years on forms provided by the Plant Board:

a. Name and address of the Non-Commercial Applicator making the application;

b. Location of the crop, plants, etc. treated. Location description must include county, nearest town, physical address if available, and GPS reading or map coordinates (latitude and longitude) of the primary entrance to the field;

c. Date, start and ending time of the application;

d. Wind speed recorded in two (2) minute averages and direction in magnetic degrees at the field of application at the start and ending time of the application and the type of instrument(s) used to measure wind speed and direction. Wind recording devices must be capable of an accuracy of less than or equal to one (1) mph. The location (latitude and longitude) of the wind measuring device near the field of application must also be recorded. Wind measurement readings must be taken at an elevation of six (6) feet above the surface of the ground;

e. Complete brand name and EPA registration number of the material used;

f. Number of acres and type of crop to which the material was applied; and

g. Plant Board registration number of the equipment being used.

5. Class G Drift Mitigation training and testing will not be required for persons conducting research involving products with this classification that are employed by Colleges and Universities within the State desiring to obtain a Non-Commercial Applicator License in the Demonstration and Research and Class G Categories issued by the Plant Board. However, at no time shall any researcher, producer or applicator be exempt from being subject to enforcement action by the Plant Board for mis-use of the product such as off-target movement of the product.

D. Private Applicator Requirements

1. Beginning January 1, 2008, Private Applicators may not purchase a Class G Product without first obtaining a Class G Permit from the Plant Board. The Class G Permit period will be for two years from the date of issue. To obtain a Class G Permit the applicant must have a current Private Applicator license and must submit to the Plant Board a Class G Permit Application accompanied by proof of having attended a Class G Drift Mitigation training class provided by the Plant Board within the past 12 months and a permit review fee of $25.

2. Beginning January 1, 2008, Private Applicators who plan to apply products with this classification without using an applicator licensed as a Commercial Applicator by the Plant Board, must obtain a Class G Permit with Application Authorization to do so. The Class G Permit with Application Authorization period will be for two years from the date of issue. A Class G Permit with Application Authorization may be obtained by submitting to the Plant Board an application form provided by the Plant Board, proof of having been trained in accordance with the same educational standard as set for the Commercial Applicator, proof of having attended a Class G Drift Mitigation class provided by the Plant Board, passed an examination administered by the Plant Board with a score of 70 or more within the past 12 months, proof of financial responsibility as described in 20-20-209 (d)(1), (d)(2), (d)(3) and (d)(4)(A) in the amount of $100,000 and an application review fee of $35. If the Class G Permit with Application Authorization holder allows an employee to make applications on land farmed by the Permitee, then the employee must also have a Class G Permit with Application Authorization

3. Beginning January 1, 2008 all equipment with an effective swath width of 20 feet or more used to apply Class G products must be registered with the Plant Board every two years, display a current decal, and be in compliance with the application equipment set-up requirements specified for herbicide applications contained in Regulation 2 of the regulations promulgated pursuant to the Pesticide Use and Application Act of 1975, as amended. The fee for each piece of equipment registered will be $20. Equipment registration decals must be displayed on the registered equipment in a conspicuous location. Thereafter, said application equipment set-up may be inspected at reasonable times by the Plant Board to verify compliance with the set-up requirements.

4. All equipment used to apply Class G products must be operated in accordance with the spray boom height, vehicle speed, droplet size, and temperature restrictions specified in Regulation 2 of the regulations promulgated pursuant to the Pesticide Use and Application Act of 1975, as amended. Documentation verifying the equipment set up meets the equipment set-up requirements specified in paragraph 3 above must be recorded on a form designed by the Plant Board and be made available to the Plant Board or its representative upon request.

5. At the time of each application, the following information must be recorded for each application of a product with this classification made by a Private Applicator and maintained at his/her principal place of business within the state of Arkansas for a period of three (3) years on forms approved by the Plant Board:

a. Name and address of the Private Applicator making the application;

b. Location of the crop, plants, etc. treated. Location description must include county, nearest town, physical address if available, and GPS reading or map coordinates (latitude and longitude) of the primary entrance to the field;

c. Date, start and ending time of the application;

d. Wind speed recorded in two (2) minute averages and direction in magnetic degrees at the field of application at the start and ending time of the application and the type of instrument(s) used to measure wind speed and direction. Wind recording devices must be capable of an accuracy of less than or equal to one (1) mph. The location (latitude and longitude) of the wind measuring device near the field of application must also be recorded. Wind measurement readings must be taken at an elevation of six (6) feet above the surface of the ground;

e. Complete brand name and EPA registration number of the material used;

f. Number of acres and type of crop to which the material was applied; and

g. Plant Board registration number of the equipment being used.

E. Class G products may not be applied in winds greater than 10 miles per hour. However, if the product label indicates a lesser wind speed should be used, then that wind speed must be used. Applications of Class G products must be done in accordance with the Plant Board’s regulations on inversion avoidance found in Section X(H) of these Regulations.

F. Civil penalties assessed for each violation of the product label, applicable State or Federal law or the regulations promulgated pursuant to these laws that involve a product with this classification shall be assessed at the level indicated by the Plant Board’s Enforcement Response Regulations for a restricted-use product plus, where not otherwise forbidden by state or federal law, additional civil penalty may be added to bring the amount of the assessment up to the maximum amount allowed by law.

G. For purposes of the intent of these regulations, and for purposes of enforcement, products named to this classification shall be considered the same as Federally Restricted Use products if not already designated as such.

H. Failure to comply with these requirements will be a violation of these regulations.

I. All above regulations regarding Class G pesticides shall be void if the pesticide registration fee as defined and specified in Regulation 1 of the regulations promulgated pursuant to the Arkansas Pesticide Control Act of 1975 is not increased to at least $300.00 per product.

Revise “Class G” of SECTION XII Product Classification to read as follows:

Class G Glyphosate containing products packaged in containers one (1) gallon or larger and labeled for agricultural use.