Protection of Honey Bees

(1) Use of Microencapsulated Methyl Parathion. Microencapsulated methyl parathion shall be used or applied in Massachusetts only as provided for below: (a) Microencapsulated methyl parathion shall only be used or applied to control first generation European corn borer on sweet corn, San Jose scale on apples, or for those uses which the Department finds do not expose honey bee populations to the spray pattern or the resultant residues of the pesticide. st (b) Applications to control European corn borer shall not be made after July 1 of any year, unless such date is amended by the Department for good cause. (c) Each use of microencapsulated methyl parathion shall only be made under the authority of a permit issued by the Department. (d) A condition of any permit issued for outdoor use of microencapsulated methyl parathion shall be that where there exists an occurrence of significant flowering plants being visited by honey bees for the purpose of gathering nectar or pollen in the field or orchard being treated, or on those areas bordering such field or orchard to which spray may drift, applicators must take appropriate steps such as mowing ground cover prior to application to minimize the occurrence of bloom at the time of the pesticide use. (e) No licensed dealer in restricted pesticides or any other dealer shall sell micro­ encapsulated methyl parathion to any person who does not possess a currently valid permit to use this pesticide. (f) No other person shall sell, trade, or otherwise transfer microencapsulated methyl parathion to any person who does not possess a currently valid permit to use this pesticide. (g) At least 24 hours prior to any application of microencapsulated methyl parathion, applicators will notify all apiary owners listed on the Department Apiary list whose hives are within five miles of the site of application. Applicators shall also check with known agricultural establishments within a five mile radius of the application site to determine if pollinator hives are on-site, and shall provide at least 24 hours' prior notification of application to any of these establishments that are determined to have pollinator hives on- site. (2) All persons are prohibited from applying pesticides, which bear a warning statement on the label concerning bees, to fruit trees, alfalfa, clover, or trefoil grown as field-crops while in bloom without making reasonable inquiry as to the presence of apiaries on the premises or within a 2.5 mile radius of the application site. If apiaries are found to occur within 2.5 miles of the application site, the applicator shall provide 24 hours' pre-notification to owners of the apiaries. Reasonable inquiry shall consist of obtaining a current Apiary list from the Department and checking with known agricultural establishments within a 2.5-mile radius of the application site to determine if pollinator hives are on-site.