Pennsylvania Code
Title 7 - AGRICULTURE
Part V - Bureau of Plant Industry
Chapter 128 - PESTICIDES
Subchapter B - LICENSES, CERTIFICATES AND PERMITS
COMMERCIAL AND PUBLIC APPLICATORS
Section 128.41 - Requirements for certification
Universal Citation: 7 PA Code ยง 128.41
Current through Register Vol. 54, No. 44, November 2, 2024
(a) A person is deemed to be a commercial or public applicator and required to be certified if one or more of the following criteria are met:
(1) A person who applies or
supervises the application of a pesticide on an easement or on the property or
premises of another (other than his employer). This includes the use of a
pesticide exempted from Federal registration under §
128.91 (relating to EPA approval
required).
(2) A person who applies
or supervises the use of a restricted use pesticide on property owned by him or
his employer when not applied for the purpose of producing an agricultural
product.
(3) A person who applies
or supervises the application of a pesticide to the following locations or who
is involved in the following types of application:
(i)
Fumigation-Includes a
person who uses fumigants except a person who meets the definition of a private
applicator.
(ii)
Golf
courses-Includes a person who uses pesticides in the establishment and
maintenance of a golf course.
(iii)
Public and private parks-Includes a person who uses a
pesticide in a recreational or campground area of a public or private
park.
(iv)
Educational and
research institutions-Includes a person employed by a public or
private educational and research facility that uses pesticides in its
educational or research programs.
(v)
Playgrounds and athletic
fields-Includes a person who applies a pesticide to a public
playground or an athletic field.
(vi)
Apartment dwellings
-Includes an owner of an apartment building or an employee of an owner who
applies a pesticide other than a disinfectant to an apartment structure of four
or more units. Commercial certification is not required if the owner or
employee resides in the apartment structure and applies general use pesticides
to the unit in which he resides.
(vii)
Schools-Includes a
person who uses a pesticide on school property, except for the use of
disinfectants and sanitizers within the school building.
(viii)
Swimming pools
-Includes a person who uses a pesticide in the care and maintenance of swimming
pools or water recreation facilities associated with a public or private park,
excluding lakes, ponds, rivers or streams.
(b) The following are exceptions to subsection (a)(3)(viii):
(1) Disinfectants and
sanitizers not used for water treatment.
(2) The use of general use pesticides in the
care and maintenance of a swimming pool at a private single-family
residence.
(3) The use of a general
use pesticide by an owner or employee in the care or maintenance of a swimming
pool used solely as a therapeutic swimming pool.
The provisions of this §128.41 amended under section 7(b)(2) of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. § 111.27(b)(2)).
This section cited in 7 Pa. Code § 128.44 (relating to eligibility).
Disclaimer: These regulations may not be the most recent version. Pennsylvania 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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