This summary of 21.17.56 NMAC is provided as a quick reference. For complete information contact NMDA or refer to the rule itself. 

All formulations of 2,4-D labeled primarily for use on agronomic crops, range or pasture lands, rights-of-way, forests or non-croplands are “restricted use pesticides” in New Mexico. Only licensed pesticide applicators can purchase or use them. Products labeled primarily for use in ornamental, turf, or home gardens are not restricted.

In Curry and Roosevelt counties, additional restrictions apply: 

• Between April 1 and October 30, applicators must have a permit before they can apply restricted 2,4-D products, unless they are using manual equipment or equipment with a tank capacity of less than 15 gallons. Permits are good for 30 days and can be issued to either the Private Applicator or a Commercial Applicator hired to make the application.

• Ester formulations cannot be used between April 15 and October 1. A grower can petition to use esters beyond this date by providing justification to NMDA.

• Aerial application of 2,4-D is prohibited between April 15 and October 1 in Roosevelt County.

• Restricted 2,4-D herbicides cannot be applied when the wind velocity is greater than 10 mph or other conditions favor drift or volatilization; in dust forms; using mist blowers unless specifically equipped; or through sprinkler irrigation after April 15.

Commercial applicators must notify the landowner or manager before an application is made. Notification must include the brand name, EPA registration number, and anticipated date and time of the application. This enables the landowner to properly protect his employees as required by the Worker Protection Standard.

The applicator must keep records of each application that include:

• Date and time of the application
• Crop in the treated field
• Location and size of the application area
• Name, active ingredients, and EPA Reg. No. of the pesticide
• Concentration and total amount of pesticide applied
• Length of Restricted Entry Interval (from the pesticide label)
• Wind direction and speed and temperature at the time of the application

These records can be on a form of your choice or NMDA can provide one. The grower should have a copy of the record in order to be in compliance with the Worker Protection Standard.

To get a permit, contact NMDA with the name, license number and telephone number of the certified applicator, the legal description of the field(s) to be sprayed, the crop in the field, the estimated acreage to be sprayed, and the name of the farmer or landowner if other than the applicator.