Nebraska Administrative Code
Topic - AGRICULTURE, DEPARTMENT OF
Title 25 - DEPARTMENT OF AGRICULTURE, BUREAU OF PLANT INDUSTRY
Chapter 2 - PESTICIDE REGULATIONS
Section 25-2-005 - Standards for Pesticide Applicators
Universal Citation: 25 NE Admin Rules and Regs ch 2 ยง 005
Current through March 20, 2024
005.01 General Standards for Certified Applicators. Competency standards include demonstration of practical knowledge of the principles and practices of pest control and proper and effective application of pesticides as set forth in applicable federal certification regulations. Federal certification regulations require all certified applicators demonstrate the ability to read and understand pesticide labeling. Private applicators not taking a certification examination may demonstrate their ability to read and understand a label by completing a label exercise during certification training. Those applicators using restricted-use pesticides through an irrigation system additionally need to comply with licensing requirements of the Nebraska Chemigation Act, Neb. Rev. Stat. §§ 46-1101 through 46-1148.
005.02 Commercial and Noncommercial Applicators.
005.02A Categories. Except for
the sodium fluoroacetate predator control category, commercial and
noncommercial applicators may elect to be trained, examined and certified
according to the categories set out in the federal certification regulations
and the following categories:
005.02A(1)
Sewer Use of Metam Sodium. For applications of metam sodium in sewer lines for
plant root control.
005.02A(2) Wood
Destroying Organisms. For applications of restricted-use or general-use
pesticides which are not fumigants in or around structures for the control of
wood destroying organisms such as termites, carpenter ants, fungus or beetle
species.
005.02A(3) Wood
preservation. For applications of any restricted-use pesticide for preservative
treatment of wood or wood products to protect wood that will be exposed to
weather.
005.02A(4) Wildlife Damage
Control. For applications of, restricted-use pesticides other than gaseous or
solid fumigants, in the management of vertebrate wildlife to control the damage
that they cause.
005.02B Specific Standards of Competency.
Competency standards for commercial and noncommercial applicators include a
demonstration of competence in the application and handling of pesticides
specific to their certification on the basis of a written examination, and as
appropriate, performance testing prior to initial certification. Standards for
determination of competency in each category are as set by the federal
certification regulations and as follows.
005.02B(1) Sewer Use of Metam Sodium.
Competency standards include demonstration of practical knowledge of the
secondary effects of metam sodium on downstream water bodies (streams, rivers,
ponds, and groundwater) and lateral and upstream residential and nonresidential
sewer connections; the importance and use of personal protective equipment; and
the proper measurement, calibration, and application of metam sodium.
005.02B(2) Wood Destroying Organisms
(excluding structural fumigation). Competency standards include demonstration
of practical knowledge of structural wood destroying organisms, appropriate
application equipment, procedures including rodding and trenching, topical
application of pesticides, and local injection of specially labeled wood
treatments in infested wood, new control technology, environmental and health
hazards associated with the use application wood destroying pest control
pesticides, and the appropriate measures to be taken to reduce exposure to
humans and pets residing in the infested structure.
005.02B(3) Wood preservation. Competency
standards include demonstration of practical knowledge of: conditions for which
a wood preservative is used; all applicable treating and testing equipment;
methods of applying wood preservatives and factors influencing their
effectiveness; potential hazards to human health and the environment, including
safety procedures and equipment to minimize exposure and first aid in the event
of accidents; waste disposal as well as proper handling of spills, and the need
for informing purchasers of treated wood products of the precautions they
should take for handling, use, and disposal of treated wood products.
005.02B(4) Wildlife Damage Control.
Competency standards include demonstration of practical knowledge of protected
and unprotected vertebrate pests; applicable laws and regulations protecting
pests and vertebrates; methods of control of pest animals; and the potential
effects of such control on humans, non-target organisms, and the environment
methods of monitoring target sites for non-target animals, creating and
following transect monitoring protocols and alerting the proper authorities
when non-target animals are impacted by the control program.
005.02C Continuing education units
(CEUs) may be used as a method of recertification for commercial and
noncommercial applicators. Partial CEU credit may be provided by the department
to applicators for those approved educational programs that satisfy a portion
of the required recertification topics when such education programs are
received prior to the expiration of the certified applicators' license. CEUs
may be available for recertification on programs offered or sponsored by the
University, trade organizations, associations, and commercial enterprises. AH
CEU programs must be approved in advance by the department and are subject to
the availability of resources the department has to monitor such programs. CEU
providers will submit to the department, sixty days prior to the CEU event, a
detailed agenda, list and qualifications of speakers, and related certification
categories.
005.03 Private Applicators. Private applicators who intend to apply restricted-use pesticides by fixed or rotary wing aircraft in the production of or in support of the production of agricultural commodities will meet the same standards of competency and be licensed as a commercial or noncommercial applicator in order to be certified.
005.03A Categories for
Private Applicators. Except for the sodium cyanide predator control and sodium
fiuoroacetate predator control categories, private applicators may elect to be
trained and certified according to the categories set out in the federal
certification regulations.
005.03B
Standards of Competency. Competency standards for private applicators include a
demonstration of competence in the application and handling of pesticides
specific to their certification. Standards for determination of competency in
each category are as set by the federal certification regulations.
005.04 Noncertified Applicators and Handlers. The minimum standard for noncertified applicators and their supervising certified applicators is that they meet the requirements set forth in § 2-2642 and § 2-2643 of the Act including all applicable requirements of the federal certification regulations. The minimum standard for handlers and their supervising certified applicators is that they meet all applicable requirements of the federal certification regulations.
005.04A Adequate
supervision by voice or electronic method includes any form of communication in
standard use that can adequately summon the supervising licensed certified
applicator to the site of application and provide for a two-way
conversation.
005.04B The
reasonable period of time that it would take the supervising licensed certified
applicator to be physically at the application site is three hours, starting at
the time the supervising applicator is contacted by the noncertified applicator
and ending when the supervising applicator arrives on the site.
005.05 Training, Testing and Application Requirements.
005.05A Under an
executive order issued by the Governor of Nebraska, the department has been
directed to offer military personnel who were serving active duty during the
period of time they would have otherwise renewed their applicator
certification, a one-year extension on the license. The department requires
credible evidence from the applicant to verify their military active duty
status.
005.05B Any person
attending recertification training will be required to attend the entire
training program, and if a department proctor determines the applicant is
spending too much time outside of the meeting, the department proctor is
authorized to dismiss the person from the training session.
005.05C All electronic communication devices
are to be turned off during the training and/or testing session. Personal
calculators are allowed in testing sessions so long as they are not also able
to communicate with other devices outside of the testing session. Persons
attending training or testing will be allowed to use electronic communication
devices during breaks if they turn off the device upon re-entering the training
or testing room.
005.05D Any person
determined or suspected of cheating by the department's proctor while taking an
examination will be asked to terminate the test session and return at a later
date to retake the examination. Repeat offenses may result in the department
barring the applicant from future examinations, thus preventing the applicant
from obtaining a license. Cheating on an examination includes, but is not
limited to: using electronic devices to communicate with other individuals or
devices, using study materials during the examination, communicating with other
testers in the test session by any means, exchanging examination booklets with
other testers, using a copied or stolen examination booklet before or during
the examination, photocopying, photographing, or otherwise duplicating the test
booklet in whole or in part, or using any other method intended to defeat the
purpose of testing the personal knowledge and competence of the applicant to
apply pesticides. Any discovery by the department that applicants for a
pesticide applicator license are using or have used electronic devices (other
than calculators) to aid in completing the examinations will be required to
surrender such device to the department proctor, and could potentially be
dismissed from the testing session. The department proctor will return such
device to the applicant upon completion of the examination.
Disclaimer: These regulations may not be the most recent version. Nebraska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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