§ 128.42. Categories of commercial and public applicators.
A commercial or public applicator applying or supervising the application of a pesticide shall be certified in one or more of the following applicator categories:
(1) Agronomic crops—The use of a pesticide in the production of an agricultural crop, including tobacco, grain, soybeans and forages and the application of a pesticide to noncrop agricultural land.
(2) Fruits and nuts—The use of a pesticide in the production of tree fruits, nuts and berries.
(3) Vegetable crops—The use of a pesticide in the production of vegetables, including, tomatoes, cabbage and celery.
(4) Agricultural animals—The use of a pesticide on animals, including beef cattle, dairy cattle, swine, sheep, horses, goats, poultry or other livestock and to premises where these animals are confined.
(5) Forest pest control—The use of a pesticide in a forest, forest nursery or forest seed producing area.
(6) Ornamental and shade trees—The use of a pesticide in the maintenance of an ornamental tree, shrub, flower or other ornamental.
(7) Lawn and turf—The use of a pesticide in the maintenance or production of lawn and turf.
(8) Seed treatment—The use of a pesticide on seed.
(9) Aquatic pest control—The use of a pesticide on standing or running water, excluding the use of a pesticide in a public health-related activity described in paragraph (16).
(10) Right-of-way and weeds—The use of a pesticide to maintain a public road, an electrical power line, a pipeline, a railway right-of-way or a similar type of area or to control vegetation around a structure, such as an oil tank, utility sub stations, an industrial railway siding, an airport, a parking lot, a fence or an industrial building or for the control of an invasive weed species in other areas.
(11) Household and health related—The use of a pesticide in, on or around a food handling establishment, a human or nonagricultural animal dwelling, an institution such as a school or hospital, an industrial establishment, a warehouse, a grain elevator and other types of structures whether public or private. The application of a pesticide to protect a stored, processed or manufactured product is also included. The use of a rodenticide or avicide is permitted in this category. The use of a pesticide in outdoor perimeter treatments to control pests, which may infest the structure, is included.
(12) Wood destroying pests—The use of a pesticide to control or prevent termites, powder post beetles or other wood destroying pests infesting a residence, school, hospital, store, warehouse or other structures or structural components, including wooden objects contained in or associated with the structure and the area adjacent to those structures.
(13) Structural fumigation—The use of a fumigant in or to a structure for the control of pests affecting the structure or its fixtures or inhabitants.
(14) (Reserved).
(15) Public health vertebrate pest control—The use of a pesticide to manage and control a vertebrate pest such as rodents or birds, affecting public health.
(16) Public health invertebrate pest control—The use of a pesticide to manage and control an invertebrate pest affecting public health.
(17) Regulatory pest control—The use of a pesticide to control an organism designated by the Commonwealth or the Federal government to be a pest requiring regulatory restrictions or control procedures to protect man or the environment.
(18) Demonstration and research pest control—The use of a pesticide to demonstrate to the public the proper method of application for a pesticide and the use of a pesticide in research such as that undertaken by an extension specialist, county agent or vocational agriculture teacher.
(19) Wood preservation—The use of a pesticide in wood impregnation to control or prevent fungi, insects, bacteria, marine borers and other wood destroying pests and includes pole treating or restoration and the use of a fumigant for in-place treatment of utility poles.
(20) Commodity and space fumigation—The use of a fumigant in or to a structure, trailer, railcar, onboard ship, or in any type of fumigation chamber, such as under a tarpaulin for the control of pests in stored or in-transit commodities.
(21) Soil fumigation—The application of a fumigant to a soil environment.
(22) Interior plantscape—The use of a pesticide to control plant pests when the soil or plant to be treated is located within an enclosed structure.
(23) Park or school pest control—The use of a pesticide in a campground or recreational area of a public or private park or on school property.
(24) Swimming pools—The use of a pesticide in the care and maintenance of swimming pools.
(25) Aerial applicator—The use of a pesticide applied by aircraft to any crop or land area. Applicators in this category shall comply with § 128.85a (relating to ornamental or turf application) when making ornamental or turf applications.
(26) Sewer root control—The use of a pesticide to control vegetative growth in public and private sewage collection and distribution lines.
Authority The provisions of this § 128.42 amended under section 7(b)(2) of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. § 111.27(b)(2)).
Source The provisions of this § 128.42 amended December 22, 1995, effective December 23, 1995, 25 Pa.B. 5945; amended December 10, 2010, effective December 11, 2010, 40 Pa.B. 7044. Immediately preceding text appears at serial pages (206529) to (206531).
Cross References This section cited in 7 Pa. Code § 128.23 (relating to categories of pest management consultant); 7 Pa. Code § 128.43 (relating to determination of competence); and 7 Pa. Code § 128.44 (relating to eligibility).
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