Section 285.637.5. Registry of persons requiring notification before turf and ornamental application of pesticides.

(1) The department shall maintain  a  voluntary   registry  of persons who, due to a verifiable medically documented condition, require notification before the application of pesticides on a property that is adjacent to their primary residences. Upon request, the department shall annually  register  a  person   who  requires notification before the use of pesticides. Each year, the person shall submit avalid certificate from a physician who is licensed to practice medicine.  The certificate shall be on forms provided by the department and shall indicate the following information:

(a)      The current diagnosed condition or ailment of the  person  that specifies the need for notification.

(b)            Any recommended additional distance notification deemed necessary and substantiated by the physician. The physician's information shall include the recommended additional distance in feet.

(2)      The certificate that is provided to the department pursuant to the provisions of subrule (1) of  this  rule  shall  be subject to review and approval by the department.

(3)     Registration shall also include all of the following information on forms provided by the department:

(a)     Name, address, other than a post office box number, and telephone number of a person who requires notification.

(b)     Name, address, other than a post office box number, and telephone number of a designated contact person.

(c)     A list of addresses of properties that are adjacent to the primary residence of the person requiring notification.   Information shall  be provided as follows:

(i)     Street address and occupant name, or  designation  as  vacant  lot, direction (N, S, E,  W),  and  estimated  street  address  from  notification person's address.

(ii)     Designation of  multiple  dwelling  units   such  as  apartments   or condominiums, if applicable.

(iii)     Designation  as  multiple use area or  commercial  property,  if applicable.

(d)    A list of names and addresses of additional property owners as provided for in subrule (1)(b) of this rule.  Information shall  be provided as follows:

(i)     Street address and occupant name, or  designation  as  vacant  lot, direction (N, S, E,  W),  and  estimated  street  address  from  notification person's address.

(ii)     Designation of  multiple  dwelling  units   such  as  apartments   or condominiums, if applicable.

(iii)     Designation  as  multiple use area or commercial property, is applicable.

(4)     The printed registry list shall remain confidential, to the extent permitted by law, except for the following information:

(a)    ) Name, address, and telephone number of the designated contact person.

(b)         Addresses of  the  adjacent  properties   or  other  properties   as identified in subrule (1) (c) and (1) (d) of this rule.

(c)     The address of a person who requires notification.

(5)     The individual requiring prior notification, or his or her designated contact person, shall obtain a copy of the annual list and ensure that  the specific information provided to the department is accurate and  a component of the list.

(6)        Initial applications may be submitted to the department at any time. Renewal registration forms supplied by the  department  shall   be  submitted annually on or before

February 1.   An applicant shall immediately notify    the department of any address or contact person information change.

(7)     The department shall annually publish a list, by March 15, of non-confidential information provided by persons who request notification. Listings shall be provided to all of the following entities:

(a)       Commercial pesticide applicator firms that are licensed in categories which will require the firms to notify persons on the registry.

(b)     County public health departments.

(c)       Upon request, commercial applicators who are certified in a category that will require the applicators to notify persons on the registry.

(8)      Before a lawn or ornamental pesticide other than a general-use ready-to-use pesticide is applied on a property address listed on the most recent published registry, a commercial applicator shall notify the contact person on the registry. Notification shall take place before the application in accordance with all of the following provisions:

(a)     By telephone the previous business day before a pesticide application or by written notification that is delivered in person to the residence of the listed contact person. Written notification shall  include   all information that is listed in subdivision (b) of this subrule and shall be left at the main entrance to the residence not less than 24 hours  before application.

(b)     Notification shall include all of the following information:

(i)      Name, address, and telephone number of the commercial applicator or firm that makes the application.

(ii)     Anticipated date and approximate time of the application.

(iii)     Location of the application.

(iv)     Name of the pesticide active ingredient or ingredients being applied.

(c)     If the initial application date is postponed, new notification shall be issued before the next application as required by subdivision (a) of this subrule.

(d)    The licensee's responsibility to  notify  a   person  who  requires notification shall be considered discharged  if  any 1  of the following provisions is complied with:

(i)     Telephone notification is  attempted  on   the  business  day  before application   and, if  unsuccessful,   the  applicator    has   left   written notification at the person's residence at the time of application.

(ii)          Written notification is delivered in person not less than 24 hours before application.

(iii)        The applicator obtains written authorization from the contact person for alternate methods of notification.

(e)     The registry shall be subject to annual review by the department.

(f)    This rule shall not apply to applications of pesticides that are made through a closed injection system.

History: 1992 AACS; 1995 AACS; 2008 AACS.