§ 20-120. Use of phenoxy-based compounds restricted.

(a)

Within two hundred (200) feet of any residential area, the use of monosodium salt methane arsenate acid M.S.-M.A.), dichlorophenoxyacetic acid (2-4-D) and other phenoxy-based compounds by all users other than residential within the confines of their immediate residential property shall be restricted as follows:

(1)

Shall not be sprayed or otherwise used when the windspeed at the site where such use is contemplated exceeds seven (7) miles per hour;

(2)

Any application or use of M.S.-M.A., 2-4-D or other phenoxy compounds shall not exceed the recommended mixture strength prescribed by the manufacturer;

(3)

All mixtures of such compounds shall include a proper thickening agent to prevent unnecessary runoff and/or drift;

(4)

All administrations of such compounds shall be calibrated to produce and emit large droplets only;

(5)

All spray applications shall not exceed forty (40) pounds per square inch of nozzle pressure;

(6)

All users other than residential or their authorized contractors or both shall be properly certified by the State of Louisiana. Any failure to obtain such certification or any improper application of such compounds will subject the user or his contractor or both to liability for any damages caused thereby.

(b)

This section shall apply to every user other than residential including political subdivisions of the state or the parish, of M.S.-M.A., 2-4-D and other phenoxy-based compounds except that none of these regulations shall apply against the state or any federal departments or agencies of the United States of America.

(c)

All departments of the parish shall submit for council approval an annual program or plan for use of M.S.-M.A., 2-4-D or other phenoxy or arsenic based compounds.

(Code 1961, § 12-1.1)