(1) Pesticide
applicators shall be at least 18 years of age to obtain a commercial,
non-commercial, or private pesticide applicator license.
(2) The basic standards for certification of
pesticide applicators have been established by the EPA, and shall be the
minimum standards required for certification of pesticide applicators in
Utah.
(3) Commercial and
non-commercial pesticide applicators shall demonstrate competency and practical
knowledge by successfully completing the written pesticide applicator core test
and any additional pesticide category tests. The pesticide applicator tests
shall include core standards applicable to each pesticide category, and the
standards specifically identified for each pesticide category, or subcategory,
as set forth in
40 CFR
171.103, and the EPA approved Utah State
Pesticide Applicator Certification Plan, including;
(a) familiarity with pesticide labels and
labeling and their functions, including each of the following:
(i) the general format and terminology of
pesticide labels and labeling;
(ii)
understanding instructions, warnings, terms, symbols, and other information
commonly appearing on pesticide labels and labeling;
(iii) understanding that it is a violation of
federal law to use any registered pesticide in a manner inconsistent with its
labeling;
(iv) understanding
labeling requirements that a certified applicator must be physically present at
the site of the application;
(v)
understanding labeling requirements for supervising non-certified applicators
working under the direct supervision of a certified applicator;
(vi) understanding that applicators shall
comply with any use restrictions and directions for use contained in pesticide
labels and labeling, including being certified in the certification category
appropriate to the type and site of the application;
(vii) understanding the meaning of product
classification as either general or restricted use and that a product may be
unclassified;
(viii) understanding
and complying with product-specific notification requirements; and
(ix) recognizing and understanding the
difference between mandatory and advisory labeling language;
(b) safety measures to avoid or
minimize adverse health effects, including each of the following:
(i) understanding the different natures of
the risks of acute toxicity and chronic toxicity, as well as the long-term
effects of pesticides;
(ii)
understanding that a pesticide's risk is a function of exposure and the
pesticide's toxicity;
(iii)
recognition of likely ways in which dermal, inhalation, and oral exposure may
occur;
(iv) common types and causes
of pesticide mishaps;
(v)
precautions to prevent injury to applicators and other individuals in or near
treated areas;
(vi) need for, and
proper use of, protective clothing and personal protective equipment;
(vii) symptoms of pesticide
poisoning;
(viii) first aid and
other procedures to be followed in case of a pesticide mishap; and
(ix) proper identification, storage,
transport, handling, mixing procedures, and disposal methods for pesticides and
used pesticide containers, including precautions to be taken to prevent
children from having access to pesticides and pesticide containers;
(c) the potential environmental
consequences of the use and misuse of pesticides, including the influence of
each of the following:
(i) weather and other
indoor and outdoor climatic conditions;
(ii) types of terrain, soil, or other
substrate;
(iii) presence of fish,
wildlife, and other non-target organisms; and
(iv) drainage patterns;
(d) the proper identification and effective
control of pests, including each of the following:
(i) the importance of correctly identifying
target pests and selecting the proper pesticide product for effective pest
control; and
(ii) verifying that
the labeling does not prohibit the use of the product to control the target
pests;
(e)
characteristics of pesticides, including each of the following:
(i) types of pesticides;
(ii) types of formulations;
(iii) compatibility, synergism, persistence,
and animal and plant toxicity of the formulations;
(iv) hazards and residues associated with
use;
(v) factors that influence
effectiveness or lead to problems such as pesticide resistance; and
(vi) dilution procedures;
(f) application equipment,
including each of the following:
(i) types of
equipment and advantages and limitations of each type; and
(ii) use, maintenance, and calibration
procedures;
(g) selecting
appropriate application methods, including each of the following:
(i) methods used to apply various forms and
formulations of pesticides;
(ii)
knowledge of which application method to use in a given situation and that use
of a fumigant, aerial application, sodium cyanide, or sodium fluoroacetate
requires additional certification;
(iii) how selection of application method and
use of a pesticide may result in proper use, unnecessary or ineffective use,
and misuse; and
(iv) prevention of
drift and pesticide loss into the environment;
(h) knowledge of all applicable state,
tribal, and federal laws and regulations.; and
(i) professionalism, including understanding
the importance of each of the following:
(i)
maintaining chemical security for restricted use pesticides;
(ii) how to communicate information about
pesticide exposures and risks with customers and the public; and
(iii) appropriate product stewardship for
certified applicators.
(4) The standards for commercial,
non-commercial, and private applicators do not apply to the following persons
for the purposes of this rule:
(a) persons
conducting research involving restricted use pesticides who have received state
approval;
(b) doctors of medicine
and doctors of veterinary medicine applying pesticides, drugs, or medication
during their normal practice, and who do not publicly represent themselves as
pesticide applicators;
(c) persons
using a general use disinfectant, sanitizer, or deodorizer commercially, and
not for the control of insects, weeds, rodents, or similar pests, or use in
settings outside of a structure; or
(d) persons using a general use fungicide for
interior structural cleaning or interior structural mold remediation.
(5) Aerial Pesticide Applicator.
An aerial pesticide applicator shall demonstrate competence and practical
knowledge of aerial pest control in a wide variety of environments by
successfully completing the aerial pesticide applicator test. Aerial pesticide
applicators shall know the significance of drift, and of the potential for
non-target injury and environmental contamination. Aerial pesticide applicators
shall obtain the Aerial Application Pest Control category certification, along
with any additional pesticide category certifications for which they shall
apply pesticides. Aerial pesticide applicators shall comply with each standard
set forth by the FAA, and shall submit proof of current registration with the
FAA as an additional requirement for receiving an aerial pesticide applicator
certification.
(6) Private
Pesticide Applicator. A private pesticide applicator shall demonstrate
competence and practical knowledge by successfully completing the private
pesticide applicator test, and any required additional pesticide category
tests. This knowledge shall include the basic standards for certification of
private applicators set forth in
40 CFR
171.105. This includes:
(a) familiarity with pesticide labels and
labeling and their functions, including each of the following:
(i) the general format and terminology of
pesticide labels and labeling;
(ii)
understanding instructions, warnings, terms, symbols, and other information
commonly appearing on pesticide labels and labeling;
(iii) understanding that it is a violation of
federal law to use any registered pesticide in a manner inconsistent with its
labeling;
(iv) understanding when a
certified applicator shall be physically present at the site of the application
based on labeling requirements;
(v)
understanding labeling requirements for supervising non-certified applicators
working under the direct supervision of a certified applicator;
(vi) understanding that applicators shall
comply with each use restriction and directions for use contained in pesticide
labels and labeling, including being certified in the appropriate category to
use restricted use pesticides for fumigation or aerial application, or predator
control devices containing sodium cyanide or sodium fluoroacetate, if
applicable;
(vii) understanding the
meaning of product classification as either general or restricted use, and that
a product may be unclassified;
(viii) understanding and complying with
product-specific notification requirements; and
(ix) recognizing and understanding the
difference between mandatory and advisory labeling language;
(b) safety measures to avoid or
minimize adverse health effects, including each of the following:
(i) understanding the different natures of
the risks of acute toxicity and chronic toxicity, as well as the long-term
effects of pesticides;
(ii)
understanding that a pesticide's risk is a function of exposure and the
pesticide's toxicity;
(iii)
recognition of likely ways in which dermal, inhalation, and oral exposure may
occur;
(iv) common types and causes
of pesticide mishaps;
(v)
precautions to prevent injury to applicators and other individuals in or near
treated areas;
(vi) need for, and
proper use of, protective clothing and personal protective equipment;
(vii) symptoms of pesticide
poisoning;
(viii) first aid and
other procedures to be followed in case of a pesticide mishap; and
(ix) proper identification, storage,
transport, handling, mixing procedures, and disposal methods for pesticides and
used pesticide containers, including precautions to be taken to prevent
children from having access to pesticides and pesticide containers;
(c) the potential environmental
consequences of the use and misuse of pesticides, including the influence of
the following:
(i) weather and other climatic
conditions;
(ii) types of terrain,
soil, or other substrate;
(iii)
presence of fish, wildlife, and other non-target organisms; and
(iv) drainage patterns;
(d) the proper identification and effective
control of pests, including each of the following:
(i) the importance of correctly identifying
target pests and selecting the proper pesticide product; and
(ii) verifying that the labeling does not
prohibit the use of the product to control the target pests;
(e) characteristics of pesticides,
including the following:
(i) types of
pesticides;
(ii) types of
formulations;
(iii) compatibility,
synergism, persistence, and animal and plant toxicity of the
formulations;
(iv) hazards and
residues associated with use;
(v)
factors that influence effectiveness or lead to problems such as pesticide
resistance; and
(vi) dilution
procedures;
(f)
application equipment, including each of the following:
(i) types of equipment and advantages and
limitations of each type; and
(ii)
uses, maintenance, and calibration procedures;
(g) selecting appropriate application
methods, including each of the following:
(i)
methods used to apply various forms and formulations of pesticides;
(ii) knowledge of which application method to
use in a given situation and that use of a fumigant, aerial application, or
predator control device containing sodium cyanide or sodium fluoroacetate
requires additional certification;
(iii) how selection of application method and
use of a pesticide may result in proper use, unnecessary or ineffective use,
and misuse; and
(iv) prevention of
drift and pesticide loss into the environment;
(h) knowledge of each applicable state,
tribal, and federal laws and regulations, including understanding the WPS and
the circumstances where compliance is required;
(i) certified applicator responsibilities
related to supervision of non-certified applicators, including each of the
following:
(i) understanding and complying
with requirements in
40
CFR 171.201 and 40 CFR 171.501 for private
applicators who supervise non-certified applicators using restricted use
pesticides;
(ii) providing
use-specific instructions to non-certified applicators using restricted use
pesticides under the direct supervision of a certified applicator;
and
(iii) explaining appropriate
state, tribal, and federal laws and regulations to non-certified applicators
working under the direct supervision of a certified applicator;
(j) understanding stewardship and
the importance of each of the following:
(i)
maintaining chemical security for restricted use pesticides; and
(ii) how to communicate information about
pesticide exposures and risks with agricultural workers and handlers and other
persons;
(k) practical
knowledge of pest control applications to agricultural commodities including
each of the following:
(i) specific pests of
relevant agricultural commodities;
(ii) how to avoid contamination of ground and
surface waters;
(iii) understanding
pre-harvest and restricted entry intervals and entry-restricted periods and
areas;
(iv) understanding specific
pesticide toxicity and residue potential when pesticides are applied to animal
or animal product agricultural commodities; and
(v) relative hazards associated with using
pesticides on animals or places in which animals are confined based on
formulation, application technique, age of animal, stress, and extent of
treatment.
(7)
A private pesticide applicator that functions in a supervisory role shall be
responsible for the actions of any non-certified pesticide handlers under their
instruction and control.
(8) A
private pesticide applicator shall provide non-certified pesticide handlers
under their supervision instructions on the EPA WPS pesticide handler
applicator training, including
40
CFR 171.201 and 40 CFR 170.501, and keep
records of having provided these instructions for a period of two
years.
(9) A private pesticide
applicator shall be physically present to supervise the application of any
pesticide by a non-certified handler, if such presence is required by the label
of the pesticide being applied.
