Current through Bulletin 2024-06, March 15, 2024
(1) Non-Commercial Pesticide Applicator
License Required.
(a) A non-commercial
pesticide applicator license is required for applying restricted use pesticides
for a city, county, state, or federal government entity, or for corporations,
businesses, or any other entity that does not require a commercial pesticide
applicator license.
(b) No person
shall purchase, use, or demonstrate the use of any restricted use pesticide
without becoming certified and obtaining a non-commercial pesticide applicator
license issued by the department.
(c) Each person performing the physical act
of applying restricted use pesticides shall be certified and have a valid
noncommercial pesticide applicator license.
(2) Non-Commercial Pesticide Applicator
Application and Fee Requirements. The fees for a non-commercial pesticide
applicator license shall be determined in accordance with Subsection
4-2-103(2)
and Section
63J-1-504.
(a) An application for a non-commercial
pesticide applicator license shall be made on the approved department
form.
(b) A n o n -commercial
pesticide applicator license shall only be issued after the applicant has
successfully passed the required pesticide applicator tests, or after
recertifying according to CEU requirements.
(c) Each individual performing the physical
act of applying restricted use pesticides shall be licensed as a non-commercial
pesticide applicator.
(d) A testing
fee, retest fee, or any related fee, may be determined by approved testing
centers, according to their own individual policies.
(3) Non-Commercial Pesticide Applicator
Initial Certification.
(a) Fees for testing
may be established and charged by any testing center, including those operated
by the department.
(b) The
applicant may acquire any necessary study materials from the department
website.
(c) The applicant should
schedule required pesticide applicator tests with a testing center approved by
the department.
(4)
Non-Commercial Pesticide Applicator Testing Procedures.
(a) A new applicant for a non-commercial
pesticide license shall demonstrate competency and knowledge of pesticide
applications, laws, and other relevant subjects by successfully completing the
approved pesticide applicator tests and department application forms. Pesticide
applicator tests shall be proctored at approved testing centers.
(b) An applicant for a non-commercial
pesticide applicator license shall first pay licensing fees to the department,
and obtain a receipt of license payment.
(c) An applicant for a non-commercial
pesticide applicator license shall find a testing center from a list of
approved testing centers on the department's website.
(d) An applicant for a non-commercial
pesticide applicator license shall present their receipt of license payment
from the department, and valid government issued identification, to the proctor
at the applicant's chosen testing center.
(e) Cheating, ejection from testing, or
failure to follow the rules of the department or testing center shall, at the
discretion of the department, constitute fraud under these rules. Applicants
are subject to this rule, regardless of whether the applicant successfully
passes or not.
(f) The pesticide
applicator core test must be successfully completed with a minimum score of
70%, before any pesticide category tests may be attempted.
(g) At least one pesticide category test must
be taken and successfully completed with a minimum score of 70% before a
noncommercial pesticide applicator license may be obtained.
(h) The steps to recertify solely by testing
are the same as for an initial applicant. The pesticide applicator core test
must be successfully completed with a minimum score of 70%, before any
pesticide category tests may be attempted.
(i) Upon the successful completion of the
appropriate pesticide applicator tests, the applicant shall complete the
department's completion form, which can be found online in the testing
program.
(j) The rules of a testing
center, if more restricting than those of the department, shall take precedence
over those of the department during the administration of the pesticide
applicator tests.
(k) If the
minimum score of 70% is not obtained after two attempts, the person taking the
tests must wait 24 hours, pay any additional retest fees to the testing center,
and begin retesting on any failed tests.
(5) Non-Commercial Pesticide Applicator
Certification Tests and Review. The pesticide applicator tests and methods of
testing shall be determined and approved by the department. The review of
applications shall be made by the department for determining
eligibility.
(6) Non-Commercial
Pesticide Applicator License Issuance.
(a) A
temporary pesticide applicator permit shall be issued automatically by email
for the successful completion of the pesticide applicator core test and each
pesticide category test and provided each other department requirement is met.
The temporary permit will expire 30 days from the date it was issued. The
pesticide applicator core test must be successfully completed with a minimum
score of 70%, before any pesticide category tests may be attempted. A temporary
pesticide applicator permit is not valid if only the pesticide applicator core
test is successfully completed, and no additional pesticide category test is
successfully completed.
(b) The
pesticide applicator is responsible to verify their license is processed by the
department.
(c) A non-commercial
pesticide applicator license shall be issued when the following conditions have
been met:
(i) an application form has been
submitted to the department;
(ii)
any fees have been paid;
(iii) the
applicant is in good standing with the department; and
(iv) the applicant has successfully passed
the appropriate tests to apply pesticides in the classifications for which they
have applied
(d) The
non-commercial pesticide applicator license shall expire on December 31 of the
third calendar year from the time of licensure, unless it has been revoked or
suspended by the department for cause, which may include any combination of the
unlawful acts given in Section R68-7-20.
(e) If an application for a non-commercial
pesticide applicator license is denied, the applicant shall be informed of the
reason by email or mail.
(f) A
pesticide applicator shall have their license in their immediate possession
when making a pesticide application.
(g) If the pesticide applicator requests a
duplicate license from the department, a fee determined by the department,
pursuant to Subsection
4-2-103(2),
shall be paid. The pesticide applicator must also be in good standing, having
no unresolved violations or fines, before a replacement license shall be
issued.
(h) A new non-commercial
pesticide applicator application completed between November 1 and December 31
of the same year shall be licensed for the remainder of that year and the
following three calendar years.
(7) Non-Commercial Pesticide Applicator
License Recertification and Renewal.
(a) Each
non-commercial pesticide applicator license shall expire on December 31 of the
third calendar year following its issuance.
(b) Non-Commercial pesticide applicators must
recertify before their license expires, and may be subject to re-examination at
any time during their valid license period.
(c) Recertification options include:
(i) completion of the original certification
process by taking the required pesticide core and pesticide category test and
successfully completing each required test with a minimum score of 70%;
or
(ii) participate in approved
CEUs and accumulate the required amount of 24 total CEU credits during the
valid license time period. A minimum of two credits in law, six in safety, and
ten in pesticide use are required, while any combination of the three
categories may be used for the remaining six credits.
(8) Records Maintained.
Non-Commercial applicators shall keep and maintain records of any restricted
use pesticide applications.
(a) These records
shall be recorded within 24 hours after the pesticide application is
made.
(b) The application records
shall include the following information:
(i)
the name and address of the person for whom the restricted use pesticide is
applied;
(ii) the address of the
restricted use pesticide application location, if the pesticide application
location differs from the location provided pursuant to Subsection
R68-7-12(8)(b)(i);
(iii) the
complete square footage of the area to be treated with restricted use
pesticides;
(iv) the specific sites
at the pesticide application location to which any restricted use pesticides
are applied;
(v) the time and date,
including the month, day, and year when the restricted use pesticide was
applied;
(vi) the brand name of the
restricted use pesticides, EPA registration number, and mix rate for any
restricted use pesticides applied;
(vii) the total amount of restricted use
pesticides, including diluted or ready-to-use (RTU) pesticides, applied per
application;
(viii) the purpose of
the restricted use pesticide application, the pesticide target site, and pest
to be treated; and
(ix) the name
and non-commercial pesticide applicator license number of the certified
non-commercial pesticide applicator who applied the pesticides.
(c) Records shall be kept for a
period of at least two years from the date of the pesticide application and
shall be available for inspection by the department , upon request.
(d) Records shall be furnished in a uniform
format.