Florida Administrative Code
5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
5E - Division of Agricultural Environmental Services
Chapter 5E-9 - LICENSED PESTICIDE APPLICATORS AND DEALERS
Section 5E-9.021 - Categories of Licensure for Pesticide Applicators
Universal Citation: FL Admin Code R 5E-9.021
Current through Reg. 50, No. 187; September 24, 2024
(1) Description of primary categories.
(a) Category 1A1 - Agricultural Row Crop Pest
Control. This category is applicable to individuals using or supervising the
use of restricted use pesticides, or other pesticides requiring licensure, in
the production of agricultural crops other than tree crops, including but not
limited to tobacco; peanuts; cotton; feed grains; soybeans and forage crops;
vegetables; small fruits not produced on trees; grasslands; or non-crop
agricultural lands; but not including the use or supervision of restricted use
fumigant pesticides. This category is valid for licensure of commercial and
public applicators.
(b) Category
1A2 - Agricultural Tree Crop Pest Control. This category is applicable to
individuals using or supervising the use of restricted use pesticides, or other
pesticides requiring licensure, in the production of agricultural tree crops,
including but not limited to citrus; pecans; or other fruits, nuts, or
agricultural crops grown on trees; but not including the use or supervision of
restricted use fumigant pesticides. This category is valid for licensure of
commercial and public applicators.
(c) Category 1B - Agricultural Animal Pest
Control. This category is applicable to individuals using or supervising the
use of restricted use pesticides, or other pesticides requiring licensure, in
the production of agricultural animals, including but not limited to beef or
dairy cattle, swine, sheep, horses, goats, poultry, fish, or other agricultural
livestock. Use in the production of agricultural animals means applications of
pesticides on or to the animals themselves or in or on places where such
animals are kept or confined or places such animals are likely to be kept or
confined. Doctors of Veterinary Medicine engaged in the business of applying
pesticides for hire, publicly holding themselves out as pesticide applicators,
or engaged in large-scale use of pesticides, must be licensed in this category.
This category is valid for licensure of commercial and public
applicators.
(d) Category 1C -
Private Applicator Agricultural Pest Control. This category includes
individuals using or supervising the use of restricted use pesticides, or other
pesticides requiring licensure, in the production of agricultural plants,
including but not limited to tobacco, peanuts, cotton, feed grains, soybeans,
forage, vegetables, fruits, nuts, forests, ornamental trees, shrubs, flowers,
or turf; or in the fumigation of soil, agricultural structures, or raw
agricultural commodities; or in the production of agricultural animals,
including but not limited to beef or dairy cattle, swine, sheep, horses, goats,
poultry, fish, or other agricultural livestock, and including places on or in
which animals are kept or confined or places where such animals are likely to
be kept or confined; and on grasslands and non-crop agricultural lands. This
category is valid solely for licensure of private applicators.
(e) Category 1D - Soil and Greenhouse
Fumigation. This category is applicable to individuals using or supervising the
use of any restricted use fumigant pesticide injected or applied to field
soils; to the soils of seed or transplant beds or containerized plants; to
potting soil; to lawns, turf, and ornamentals not associated with structures;
or within enclosed agricultural structures such as greenhouses where
agricultural production is in progress. This category is valid for licensure of
public and commercial applicators.
(f) Category 1E - Raw Agricultural Commodity
Fumigation. This category is applicable to individuals using or supervising the
use of any restricted use fumigant pesticide injected or otherwise applied to
any post-harvest raw agricultural commodity within any storage facility, during
processing or manufacturing procedures, or applied to or within a storage
facility prior to the facility receiving a raw agricultural commodity for
storage or after a raw agricultural commodity has been removed from such a
facility. Storage facilities include but are not limited to corn cribs, grain
elevators, tobacco barns, produce trailers, farm vehicles used to store
agricultural commodities, processing plant bins or storage rooms for raw
commodities, and any other enclosed structure used to contain a harvested raw
agricultural commodity. This category is valid for licensure of public and
commercial applicators.
(g)
Category 2 - Forest Pest Control. This category is applicable to individuals
using or supervising the use of restricted use pesticides, or other pesticides
requiring licensure, in forests, forest nurseries, and forest seed orchards;
but not including the use or supervision of restricted use fumigant pesticides.
This category is valid for licensure of public and commercial
applicators.
(h) Category 3 -
Ornamental and Turf Pest Control. This category is applicable to individuals
using or supervising the use of restricted use pesticides, or other pesticides
requiring licensure, in the production of ornamental trees, shrubs, flowers, or
turf; or for the maintenance of any such ornamental plants or turf grasses
growing in or on cemeteries, golf courses, parks, or athletic fields; but not
including the use or supervision of restricted use fumigant pesticides. This
category is valid for licensure of commercial and public applicators.
(i) Category 4 - Seed Treatment. This
category is applicable to individuals using or supervising the use of
restricted use pesticides, or other pesticides designated by the Department as
requiring licensure, on seeds; but not including the use or supervision of
restricted use fumigant pesticides. This category is valid for licensure of
commercial and public applicators.
(j) Category 5A - Aquatic Pest Control. This
category is applicable to individuals using or supervising the use of any
restricted use pesticide, or other pesticide requiring licensure, used or
applied to any standing or running water, including banks or shorelines,
excluding infusion of chlorine gas as described in Category 7B and applicators
engaged in public health related activities as defined in Chapter 388, F.S.,
and the rules thereunder. This category is valid for licensure of commercial
and public applicators.
(k)
Category 5B - Organotin Antifouling Paint Pest Control. This category is
applicable to individuals using or supervising the use of organotin antifouling
paints classified as restricted use pesticides, or other pesticides requiring
licensure, to control or prevent the growth of aquatic or marine organisms on
submerged portions of aquatic or marine objects, structures or vessels. This
category is valid for licensure of commercial and public applicators.
(l) Category 6 - Right-of-Way Pest Control.
This category is applicable to individuals using or supervising the use of
restricted use pesticides, or other pesticides requiring licensure, in the
maintenance of right-of-way areas associated with public roads, electric power
lines, pipelines, railroads, and other similar areas; but not including the use
or supervision of restricted use fumigant pesticides. This category is valid
for licensure of commercial and public applicators.
(m) Category 7A - Wood Treatment. This
category is applicable to individuals using or supervising the use of
restricted use wood preservative pesticides, or other pesticides requiring
licensure, in wood treatment facilities in the production of treated wood
products; but not including the use or supervision of restricted use fumigant
pesticides. This category is valid for licensure of commercial and public
applicators.
(n) Category 7B -
Chlorine Gas Infusion. This category is applicable to individuals using or
supervising the use of chlorine gas to treat water in residential swimming
pools by means of a portable system. Persons licensed in this category are
authorized to use only those chlorine gas products specifically registered by
the U.S. Environmental Protection Agency and the department with label
directions for application to residential swimming pools. Individuals who
conduct or supervise water treatment through the use of machinery permanently
attached to all pools are exempt from this licensure requirement. This category
is valid for licensure of commercial applicators.
(o) Category 7C - Sewer Root Control. This
category is applicable to individuals using or supervising the use of
restricted use pesticides to control or prevent the growth of roots in sewer
lines or pipes. This category is valid for licensure of commercial and public
applicators.
(p) Category 9 -
Regulatory Pest Control. This category is applicable to state, federal, and
other government employees who use or supervise the use of restricted use
pesticides, or other pesticides requiring licensure, in the control of
regulated pests, including the use or supervision of restricted use fumigant
pesticides. This category is valid for licensure of public
applicators.
(q) Category 11 -
Aerial Application. This category is applicable to individuals who apply any
pesticide from an aircraft. This category is valid for licensure of public and
commercial applicators for treatment sites that may legally (according to
product label direction) be treated by aerial application under Chapter 487,
F.S.
(r) Category 20 - Regulatory
Inspection and Sampling. This category is applicable to government employees
who collect regulatory samples of restricted use pesticides or conduct
inspections involving the handling of opened containers of restricted use
pesticides to determine compliance with applicable laws and regulations.
Licensure in this category shall not be required of government inspection or
sampling employees licensed in another public or commercial pesticide
applicator category in accordance with this chapter, Chapters 388 or 482, F.S.
This category is valid solely for licensure of public applicators. Licensure in
this category does not authorize the application of restricted use
pesticides.
(s) Category 21 -
Natural Areas Weed Management. This category is applicable to individuals who
use or supervise the use of restricted use herbicides to control unwanted
vegetation to protect natural communities of conservation and recreation lands
and natural areas. This category is valid for licensure of commercial and
public applicators. Applicators acting under the authority of another license
category prior to this category being established may continue activities under
the alternate category until license renewal or expiration.
(2) Description of secondary category.
Category 10 - Demonstration and Research. This category is applicable to the following:
1)
individuals who publicly demonstrate or supervise the demonstration of the
proper use and application techniques of restricted use pesticides or other
pesticides requiring licensure. Such individuals may include but are not
limited to extension specialists, county agents, commercial industry
representatives, and other individuals who demonstrate pesticide handling
procedures used in public programs; and
2) individuals who conduct or supervise field
research that utilizes restricted use pesticides or other pesticides requiring
licensure. Licensure in this category authorizes pesticide demonstration and
research only in accordance with other categories in which licensure is held.
This category is valid for licensure of commercial and public
applicators.
(3) Requirements and restrictions on category licensure.
(a) Private applicators who apply restricted
use pesticides by ground application must be licensed in Category 1C - Private
Applicator Agricultural Pest Control. No other primary or secondary categories
are available for licensure of private applicators.
(b) Public and commercial applicators must be
licensed in a minimum of one primary category, exclusive of Category 1C -
Private Applicator Agricultural Pest Control. The latter category is not valid
for licensure of public or commercial applicators.
(c) Public and commercial applicators must be
licensed in all primary and secondary categories applicable to the types of
pesticide applications to be made. Exceptions:
1) Category 1C does not apply to public or
commercial applicators;
2)
Individuals licensed in Category 9 need not be licensed in Category 1D or
1E;
3) Aerial applicators who make
no ground applications and no pest management decisions, but only apply
pesticides aerially at the request of another party who has made the necessary
determinations regarding pest management and pesticide application, do not need
to be licensed in any category except Category 11. Aerial applicators who make
determinations regarding pest management and pesticide application must be
licensed in the aerial category and all other categories applicable to the
treatment site(s).
Rulemaking Authority 487.0435, 570.07(23) FS. Law Implemented 487.0435 FS.
New 6-9-94, Amended 7-2-95, 9-24-98, 6-27-99, 2-21-02, 9-16-04.
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