Current through Register Vol. 47, No. 6, September 18, 2024
No person shall engage in the business of applying pesticides
to the land or property of another at any time without being licensed and
certified by the secretary. No person shall apply any restricted use pesticide
without first complying with certification standards or unless the application
is made under the direct supervision of a certified applicator as specified in
this chapter
(1)
License for
commercial, noncommercial and public applicators. Before a license is
issued, each commercial, noncommercial and public applicator shall demonstrate
competence by qualifying for a commercial, noncommercial and public
applicator's license by successfully completing the appropriate certification
examinations administered by the secretary to demonstrate knowledge regarding
the potential for pesticides contaminating groundwater aquifers and proper
pesticide handling practices that will aid in preventing the contamination of
groundwater aquifers, calibration, integrated pest management, recognition of
common pests to be controlled, timing and methods of application,
interpretation of label and labeling information, safety precautions and
preharvest or reentry restrictions, specific procedures to be used in disposing
of pesticides and containers, and related legal responsibility under the
classifications for which such applicant is to be licensed.
a. Examination scores for individuals not
completing certification requirements or paying the required fees shall be
maintained on file as valid test scores for a maximum of one year following the
date each examination was successfully completed.
b. Certification categories which are added
to an individual's current certification shall expire on the same date the
individual's current certification card expires.
(2)
Certification of commercial,
noncommercial and public applicators.
a. Initial certification. To be initially
certified as a commercial, noncommercial or public applicator, a person shall
demonstrate a fundamental knowledge of the minimum state and federal standards
of competency for commercial applicators by passing an examination administered
by the department. The examination may cover subjects relating to the safe
handling, application and storage of pesticides, the correct calibration of
equipment used for the application of pesticides, and the effects of pesticides
upon groundwater The examination may also cover subjects related to the minimum
standards of competency for commercial applicators outlined in
40 CFR
171.4(b) and (c) as revised
July 1, 1992.
b. A person who
employs noncommercial applicators shall apply for a noncommercial applicator's
license; and all noncommercial applicators shall be certified by successfully
completing the appropriate examinations for the type of restricted use
pesticide applications being made and shall be required to pay the
certification fee of $75 for a three-year certification for each employee
certified. Noncommercial applicators shall be subject to the $25 annual license
fee. The provisions of Iowa Code section
206.13
relating to licenses and requirements for their insurance shall not apply to a
noncommercial applicator, providing that the noncommercial applicator:
(1) Is a full-time employee of a privately
held entity.
(2) Shall not publicly
claim to be a commercial pesticide applicator nor engage in the business of
applying pesticides other than as an employee of a company on company property.
c. Separate examinations
shall be taken and passed for each classification or category in which the
commercial, noncommercial or public applicator intends to become certified,
including the following: #1a-Agriculture Weed Control, #1b-Agriculture Insect
Control, #1c-Agriculture Crop Disease Control, #1d-Fruit and Vegetable Pest
Control, #1e-Animal Pest Control, #2-Forest Pest Control, #3ot-Ornamental and
Turf Pest Control, #3t-Turf Pest Control, #3o-Ornamental Pest Control,
#3g-Greenhouse Pest Control, #4-Seed Treatment, #5-Aquatic Pest Control,
#6-Right-of-Way Pest Control, #7a-General and Household Pest Control,
#7b-Termite Control, #7c-Fumigation, #7d-Community Insect Control, #7e-Wood
Preservatives, #8-Public Health Pest Control, #9-Regulatory Pest Control,
#10-Demonstration and Research Pest Control, and #11-Aerial
Application.
d. Wood-destroying
insect inspection. Persons conducting wood-destroying insect inspections for
the purpose of issuing a wood-destroying insect report for real estate
transactions, real estate refinance transactions, or for treatment for control
or prevention of wood-destroying insect infestations shall have in effect a
valid Iowa commercial pesticide applicator license and certification in
category 7b-Termite Control.
(3)
Certification of private
applicators.
a. Initial
certification. To be initially certified as a private applicator, a person
shall demonstrate a fundamental knowledge of the minimum state and federal
standards of competency for private applicators by passing an examination
administered by the department and submitting a $15 certification fee. The
examination shall cover subjects relating to the safe handling, application,
and storage of pesticides, the correct calibration of equipment used for the
application of pesticides, and the effects of pesticides upon groundwater. The
examination shall also cover subjects related to the minimum standards of
competency for private applicators outlined in
40 CFR 171.5 as
revised July I, 1992. A private applicator shall pay a certification fee of $15
for a period not to exceed three years.
b. Renewal of private applicator
certification. A private applicator's certification shall be renewed upon
evidence that the applicator has paid the required certification fee and has
successfully completed an instructional course consisting of either an
examination or continuing instructional courses as prescribed by the
department. A private applicator shall pass an examination each third year
following initial certification or may elect to attend two hours of approved
continuing instructional courses each year during the renewal period. A private
applicator failing to complete the required two hours of approved instruction
for each year during the renewal period following initial certification or
recertification shall be required to pass an examination prior to
recertification.
c. A private
applicator who purchases or applies a grain fumigant which is classified as a
restricted use pesticide shall pass an examination prescribed by the department
for initial certification in the private fumigation category in addition to the
examination required for initial private certification. Upon successfully
completing the required private fumigation examination the private applicator's
certification credentials shall be so designated. The fumigation category
designation shall remain valid until the private applicator's certification
expires. To renew the fumigation category certification a private applicator
may elect to complete an instructional course consisting of either an
examination or instructional course as prescribed by the department in addition
to the examination or instruction required for private certification.
(4)
Renewal of license
classification and certification.
a.
Each commercial, noncommercial and public applicator's license classification
shall expire annually on December 31 and shall be renewed upon payment of the
required license fee provided that all of the applicant's personnel who apply
pesticides are certified commercial, noncommercial or public applicators and
are certified in the appropriate classifications covering their pesticide
application activities.
b. Each
commercial, noncommercial and public applicator's certification shall expire
December 31 of the third year of the three-year certification and shall be
renewed by the department upon receipt of evidence that the applicator has paid
the required certification fee and has completed an instructional course
consisting of either an examination or continuing instructional courses as
prescribed by the department. A commercial, noncommercial or public applicator
shall pass an examination each third year following initial certification or
may elect to attend two hours of approved continuing instructional courses each
year during the renewal period. A commercial, noncommercial or public
applicator seeking recertification by attending continuing instructional
courses shall attend courses approved for each certification category in which
the person is seeking recertification. A two-hour continuing instructional
course may be approved for more than one certification category. A commercial,
noncommercial or public applicator failing to complete the required two hours
of approved instruction for each year during the renewal period shall be
required to pass an examination prior to recertification.
c. Any person who attempts to misrepresent
anyone or attempts to use unauthorized assistance in passing any examination
shall be denied the privilege of taking any examination for the period of one
year
d. The secretary may revise
certification periods for pesticide applicators with certification fees
adjusted to reflect an equivalent certification fee based on fees currently
established in order to provide a more uniform distribution of pesticide
applicator certification renewal dates.
(5)
Certification renewal periods for
commercial, noncommercial public and private applicators.
a. Renewal periods for commercial,
noncommercial, and public applicators. The renewal period is the time within
which the commercial, noncommercial, public and private applicators have to
renew their certification by either completing the required certification
examination or instructional courses and pay the required certification fee.
Except as provided in paragraph 45.22(5)"c," the renewal
period for commercial, noncommercial and public applicators shall begin on the
date a person has completed the required certification examination or
instructional courses and paid the required certification fee. The renewal
period shall end on December 31 of the third calendar year of the certification
cycle.
b. The renewal period for
private applicators. The renewal period for a private applicator shall begin on
the date a person has completed the required certification examination or
instructional courses and paid the required certification fee. The renewal
period shall end on April 15 of the calendar year following the certification
expiration date.
c. The renewal
period for a person completing initial certification requirements on October 1
or any time thereafter during a calendar year shall begin on January 1 of the
following calendar year.
d. Except
as provided in paragraphs"a," "b," and"c" of
this subrule, continuing instruction credits from a previous year in a
certification renewal period shall not be accepted nor shall credits
accumulated be accepted for use in a future year in a certification renewal
period.
(6)
Report of licensee.
a. A
commercial, noncommercial or public applicator applying for recertification
without retesting shall file a report on a form provided by the department
certifying that the required continuing instructional courses have been
completed.
b. The licensee shall
maintain a file of the certificates of completion required under subrule
45.52(4) for each employee recertifying by attending continuing instruction
courses. The file shall contain the certificates of completion for the period
covering the previous certification period and current certification period for
each employee receiving continuing instruction courses.
c. An employee who transfers to a new
employer shall, upon request, be provided copies of the certificates of
completion on file with the previous employer for filing with a new
employer
d. Files containing
certificates of completion shall be open for inspection upon request by the
department.
(7)
Standards for supervision of noncertified applicators by certified
private and commercial applicators. Certified applicators whose
activities indicate a supervisory role must demonstrate a practical knowledge
of federal and state supervisory requirements, including labeling, regarding
the application of restricted use pesticides by noncertified applicators.
The availability of the certified applicator must be directly
related to the hazard of the situation. In many situations, where the certified
applicator is not required to be physically present, "direct supervision" shall
include verifiable instruction to the competent person, as follows:
(a) detailed guidance for applying the
pesticide properly; and
(b)provisions for contacting the certified
applicator in the event the certified applicator is needed. In other
situations, and as required by the label, the actual physical presence of a
certified applicator may be required when application is made by a noncertified
applicator
(8)
License application -contents. Each license
application submitted pursuant to Iowa Code section
206.6
shall include a complete list of all employees who may apply pesticides. Any
changes regarding the status of the employees named on the application or new
employees shall be reported immediately to the pesticide section of the Iowa
department of agriculture and land stewardship.
(9)
Exemption from
certification. An employee of a public agency who applies pesticides
classified for general use and which are in ready-to-use formulations shall be
exempt from the certification requirements of Iowa Code chapter 206 provided
that the application of pesticides is an incidental part of the person's
duties.
(10)
Pesticide use
on private golf courses. Employees of private golf courses who apply
pesticides shall comply with the same requirements for employees applying
pesticides for public golf courses including, but not limited to, certification
and notification requirements.
(11)
Oral certification examination. A private applicator may
request certification by oral examination in lieu of a written examination. A
written request shall be submitted to the secretary or an authorized
representative describing in detail the reasons an oral examination is
requested in lieu of the written examination. Oral examinations will be
administered by appointment only.
The oral examination shall cover the same certification
standards as the written examination, and a minimum passing grade shall be 70
percent of the questions answered correctly.
As a prerequisite for an oral examination, the secretary may
require the applicant to attend a private applicator training program sponsored
by the Iowa State University cooperative extension service.
(12)
Temporary exemption from
certification. A commercial, noncommercial, public or private
applicator need not be certified to apply pesticides for a period of 21 days
from the date of initial employment if the commercial, noncommercial, public or
private applicator is under the direct supervision of a certified applicator
Except for subrules 45.22(13) to 45.22(15), "under the direct supervision of
means the application of a pesticide is made by a competent person acting under
the instructions and control of a certified applicator who is physically
present by being in sight or hearing distance of the supervised
person.
(13)
Temporary
exemption for certification for agricultural applicators. A
commercial applicator who applies pesticides to agricultural land may elect to
be exempt from the certification requirements for a commercial applicator for a
period of 21 days from the date of initial employment if the applicator meets
the requirements of a private applicator. A commercial applicator who applies
pesticides to agricultural land and elects to take advantage of the exemption
as provided for in Iowa Code section
206.5
shall work under the instructions and control of a certified commercial
applicator The supervising applicator is not required to be physically present
but shall be immediately available if and when necessary.
(14)
Employees of food processing and
distribution establishments. An employee of a food processing and
distribution establishment is exempt from the certification requirements of
Iowa Code section
206.5
provided the following conditions are met:
a.
The employer has at least one person holding a supervisory position that is a
certified applicator
b. The
employer provides a program approved by the department for training, testing
and certification of personnel who apply, as an incidental part of their
duties, any restricted use pesticide on property owned or rented by the
employer
c. The exempt employee
applies pesticides under the direct supervision of a certified applicator
"Under direct supervision" shall not require the physical presence of the
supervising certified applicator, if the supervising applicator is immediately
available if and when needed.
(15)
Certified handler
a. Certified handler Each person employed by
a licensed commercial applicator, noncommercial applicator, public applicator,
or pesticide dealer who handles pesticides in other than unopened containers
for the purposes of preparing, mixing or loading pesticides for application by
another person, repackaging bulk pesticides or disposing of pesticide-related
wastes from these activities shall become certified by taking and passing an
examination as prescribed by the secretary.
b.
A certified handler shall
demonstrate a fundamental knowledge of the potential for pesticides
contaminating groundwater aquifers or surface waters and proper handling
practices that will aid in preventing the contamination of groundwater aquifers
or surface waters, adverse effects on the environment and any other personal or
public hazards associated with the use of pesticides by passing a fundamental
examination administered by the secretary covering interpretation of label and
labeling information, mixing and application of pesticides in accordance with
label instructions including proper concentration of pesticides to be used and
local environmental situations that shall be considered during handling of
pesticides to avoid contamination, specific procedures to be used in disposing
of pesticides and containers, recognition of poisoning symptoms, procedures to
follow in case of a pesticide accident, safe handling of pesticides and the
effects on groundwater and surface water, the proper use of personal safety
equipment and related legal responsibilities.
c. A certified handler's certification shall
expire December 31 of the third year of the three-year certification and shall
be renewed by the secretary upon receipt of evidence that the applicator has
passed a written examination similar and equal to that required to obtain
initial certification and has paid the required certification fee. A 21-day
grace period from the day of initial employment shall be allowed to meet the
certification requirements.
d. A
certified handler employed by a licensed applicator shall work under the direct
supervision of a certified commercial, noncommercial or public applicator
employed by the same firm or agency. "Under direct supervision" shall not
require the physical presence of the supervising certified applicator in
reference to agricultural crop pesticide applications, if the supervisor is
available if and when needed.
e. A
certified handler shall not act in the capacity of a supervisor of other
certified handlers or certified applicators.
(16)
Transition to recertification by
instruction. Recertification may be accomplished by successful
completion of the required written examination every third year or completion
of an approved two-hour instructional course each year of the renewal period.
a.
Private applicator
recertification. A private applicator may apply for recertification by
providing evidence of completion of an approved two-hour instructional course
for each year during the preceding three-year renewal period. A private
applicator failing to meet the required annual two-hour instruction requirement
for recertification during the three-year certification renewal period shall
apply for recertification by providing evidence of satisfactorily completing an
examination. Applications for recertification shall be submitted with a $15
certification fee.
b.
Commercial, noncommercial, and public applicator recertification. A
commercial, noncommercial or public applicator may apply for recertification by
providing evidence of completion of an approved two-hour instructional course
in each of the three calendar years preceding the expiration date. Applications
for recertification shall be submitted with the appropriate certification
fee.
(17)
Requirements for commercial aerial applicator and aerial applicator
consultant.
a.
Commercial
aerial applicator license. The licensed aerial applicator applying
pesticides to agricultural land shall operate in Iowa in consultation with an
aerial applicator consultant. The application form for a commercial aerial
applicator license shall be provided by the pesticide bureau. The completed
application form, together with supporting documentation, will verify
compliance with Iowa Code chapter 206 and the rules of this chapter An aerial
applicator license may be issued when the applicant has provided the name and
license number of the aerial applicator consultant and other required
information on the application form, passed the required certification
examinations, and paid the commercial applicator license and certification fees
in compliance with Iowa Code sections
206.5
and
206.6.
b.
Aerial applicator consultant
duties. An aerial applicator consultant shall:
(1) Complete requirements for category #11
aerial applicator certification and either a commercial pesticide applicator
license or pesticide dealer license.
(2) Register with the pesticide bureau on
forms provided by the pesticide bureau.
(3) Meet with each aerial applicator under
the consultant's consultation prior to application of pesticides and verify
compliance with Iowa's pesticide rules, the requirements of the Federal
Aviation Administration, and the requirements of the Iowa department of
transportation using a checklist provided by the pesticide bureau. A copy of
the completed checklist shall be maintained on file for three years with the
aerial applicator consultant.
(4)
Provide detailed aerial maps for the intended application location which
clearly depict field boundaries, roads, dwellings, adjacent fields, water
bodies, and other pertinent information, as well as county, township and
section and latitude/longitude if available.
(5) Maintain daily communication with the
aerial applicator when pesticide applications are performed with a minimum of
one meeting in person each day to emphasize safe pesticide application and
handling procedures.
(6) Maintain
daily oversight of pesticide handlers who supply or mix pesticides for the
aerial applicator under the consultant's consultation to ensure required
personal protection equipment is utilized.
(7) Provide information to the aerial
applicator regarding sensitive areas listed on the department's sensitive crop
registry and arrange for proper protection of registered apiaries. The aerial
applicator consultant shall identify nearby sensitive areas including the
location of endangered species as identified by the U.S. Environmental
Protection Agency (EPA) and listed on the pesticide bureau's Web site, water
bodies in or adjoining the field of application, roads adjoining the field of
application, and places adjoining the field of application which may be
occupied by people, including farmworkers.
(8) Provide instructions for proper emergency
response procedures for the aerial applicator and pesticide handlers in the
case of a pesticide spill or accident. Require that while in the air all pilots
have an electronic communication device capable of communicating with a
consultant.
(9) Provide information
immediately upon request to regulatory officials regarding the identification
of a pesticide applied to an area of concern and the name and license number of
the applicator working under the consultant's consultation.
(10) Notify the aerial applicator in person
and in writing upon termination of consultation services. The aerial applicator
shall notify the pesticide bureau when the aerial applicator begins working
with a new aerial applicator consultant.
c.
Procedures for aerial
application. The aerial applicator consultant shall provide the
licensed aerial applicator the following:
(1)
Name and telephone number where the consultant may be reached during hours of
operation.
(2) Name and address or
location of the property where the pesticide will be applied including detailed
maps of fields which clearly depict the field boundaries, roads, dwellings,
adjacent fields, water bodies, and other pertinent information, as well as
county, township and section and latitude/longitude if available.
(3) Name of the pesticide(s) to be applied
and copies of each label along with instructions necessary to comply with
Iowa's pesticide rules. The aerial applicator consultant shall verify that the
aerial applicator has read and understands the label instructions.
(4) Maps of the intended location for each
pesticide application reviewed and approved by the aerial applicator
consultant. The aerial applicator consultant shall provide information to the
aerial applicator regarding sensitive areas listed on the department's
sensitive crop registry and shall arrange for proper safety precautions to
protect registered apiaries.
(5)
The identification of nearby sensitive areas including the location of
endangered species as identified by EPA and listed on the pesticide bureau's
Web site, water bodies in or adjoining the field of application, roads
adjoining the field of application, and places adjoining the field of
application which may be occupied by people, including farmworkers.
d.
Responsibility. The aerial applicator is responsible for
applying pesticides in compliance with label directions and Iowa's pesticide
rules. The aerial applicator consultant supplying a pesticide for application
by the aerial applicator is responsible for handling and mixing the pesticides
according to label directions and Iowa's pesticide rules.
e.
Aerial applicator certification
and continuing instruction. An aerial applicator and aerial applicator
consultant shall pass an examination for initial certification. An aerial
applicator from a state with an approved reciprocal certification agreement
will be eligible for reciprocal certification. Each certified aerial applicator
and aerial applicator consultant shall participate in a program of continuing
instruction which shall consist of either an examination or educational program
approved by the department. The continuing instruction program shall include
information regarding the safe application and handling of pesticides and
responsible operation of aircraft spray equipment.
This rule is intended to implement Iowa Code sections 206.2,
206.4, 206.5, 206.7, and 206.31 and Iowa Code section 206.6 as amended by 2008
Iowa Acts, House File 2551.
