Subchapter B. LICENSES, CERTIFICATES AND
PERMITS
PESTICIDE DEALERS Sec.
128.10. Licensing requirements for pesticide dealer.
128.11. Recordkeeping.
128.12. Issuance of a pesticide dealer manager certificate.
128.13. Determination of competence.
PEST MANAGEMENT CONSULTANTS
128.21. Determination of competence.
128.22. Licensing.
128.23. Categories of pest management consultant.
128.24. Recordkeeping.
PESTICIDE APPLICATION BUSINESSES
128.31. Licensing requirements.
128.32. Categories of business licenses.
128.33. Assignment of work.
128.34. Financial responsibility.
128.35. Recordkeeping.
COMMERCIAL AND PUBLIC APPLICATORS
128.41. Requirements for certification.
128.42. Categories of commercial and public applicators.
128.43. Determination of competence.
128.44. Eligibility.
128.45. Recertification.
PESTICIDE APPLICATION TECHNICIANS
128.51. Training program.
128.52. Registration.
128.53. Recordkeeping.
PRIVATE APPLICATORS
128.61. Determination of competence.
128.62. Eligibility.
128.63. Recertification.
128.64. Fumigation by a private applicator.
128.65. Recordkeeping.
RECIPROCITY
128.71. General.
128.72. Procedure.
PESTICIDE DEALERS
§ 128.10. Licensing requirements for pesticide dealer.
(a) A person may not purchase or attempt to purchase a restricted use pesticide for resale or distribution unless the person has a current and valid pesticide dealer license.
(b) Each pesticide dealer shall, at all times, employ at least one individual who possesses a valid pesticide dealer manager certificate.
(1) A licensed pesticide dealer shall notify the Department in writing within 15 days of a change in its license information including the employment status of its pesticide dealer manager certificate holder.
(2) A licensed pesticide dealer shall return to the Department within 15 days the voided pesticide dealer manager’s certificate of an employee that is no longer employed by the pesticide dealer. If the pesticide dealer manager’s certificate issued by the Department is not available, the pesticide dealer shall notify the Department in writing within 15 days of the employee’s termination and provide an explanation of why the certificate is unavailable and the last known home address for the individual.
(c) A pesticide dealer may not distribute a restricted use pesticide unless the receiver provides proof of appropriate valid certification or license and proof of personal identification by presenting a photo identification document issued by an agency of the United States Government or affiliated jurisdiction (that is, state or territory), such as a driver license, valid passport, military identification card or an immigration card; or at least two nonphoto identification documents one of which must be a United States Government issued document bearing the person’s signature, such as a Social Security card. The other nonphoto identification documents must identify the holder by name and address.
Authority The provisions of this § 128.10 issued 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 § 128.10 adopted December 10, 2010, effective December 11, 2010, 40 Pa.B. 7044.
§ 128.11. Recordkeeping.
(a) A pesticide dealer shall keep for each distribution of a restricted use pesticide a record containing the following information:
(1) The name and address of the customer and his applicator’s certificate number or business or dealer’s license number.
(2) The brand name of the restricted use pesticide.
(3) The EPA registration number of the restricted use pesticide.
(4) The amount of the restricted use pesticide.
(5) The date of the distribution.
(6) Signature and identification information of the individual accepting delivery.
(b) A record required to be kept under this section shall be completed within 24 hours of the distribution in written or printable form, maintained for at least 3 years and shall be made immediately available to the Department upon request or immediately available to medical personnel in an emergency.
Authority The provisions of this § 128.11 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 § 128.11 amended December 10, 2010, effective December 11, 2010, 40 Pa.B. 7044. Immediately preceding text appears at serial page (305257).
Cross References This section cited in 7 Pa. Code § 130d.4 (relating to retained recordkeeping).
§ 128.12. Issuance of a pesticide dealer manager certificate.
(a) The Department will issue a pesticide dealer manager certificate to an applicant 18 years of age or older, upon verification of passing a written competency examination and payment of the appropriate fee. Renewal of the dealer manager certificate will be based on receipt by the Department of an application accompanied by the appropriate fee.
(b) If a pesticide dealer manager fails to renew the certificate for a period of 1 or more years, the pesticide dealer manager shall reestablish eligibility as described in § 128.13 (relating to determination of competence).
(c) The certificate for a pesticide dealer manager will expire on December 31st of each year.
(d) For currently licensed pesticide dealer locations, the requirements for employment of a pesticide dealer manager certificate holder will become effective December 11, 2011. Initial examination fee will be waived until December 11, 2011. The requirements for a pesticide dealer manager certificate holder will be immediately effective for pesticide dealer locations licensed on or after December 11, 2010.
(e) The pesticide dealer manager certificate is only valid when the certificate holder is employed by the licensed pesticide dealer indicated on the certificate. A new certificate will be issued without charge if the certificate holder is subsequently employed by a different licensed pesticide dealer and has not lost eligibility as set forth in subsections (b) and (c).
Authority The provisions of this § 128.12 issued 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 § 128.12 adopted December 10, 2010, effective December 11, 2010, 40 Pa.B. 7044.
§ 128.13. Determination of competence.
(a) At least one individual at each pesticide dealer location shall show competence in the storage and distribution requirements for restricted use pesticides. Competence will be determined on the basis of a written examination. The examination will include the following:
(1) Safety.
(2) Labeling and label comprehension.
(3) Storage and security.
(4) Spill control.
(5) Transportation.
(6) Pesticide disposal.
(7) Recognition of pesticide poisoning symptoms and first aid.
(b) An application to take an examination shall be filed along with the appropriate fee with the Department at least 10 working days prior to the date of the examination.
(c) The examination will be proctored. Successful completion of the examination will entitle a person to hold a pesticide dealer managers certificate. An opportunity will be provided to retake an examination if a passing grade has not been achieved.
(d) The applicant shall provide to the proctor proof of personal identification by presenting a photo identification document issued by an agency of the United States Government or affiliated jurisdiction (that is, state or territory), such as a driver license, valid passport, military identification card or an immigration card; or at least two nonphoto identification documents one of which must be a United States Government issued document bearing the person’s signature, such as a Social Security card. The other nonphoto identification documents must identify the holder by name and address.
(e) A person may not use reference materials during an examination unless approved by the Department or its designated agents.
(f) An application for a new pesticide dealer manager’s certificate will be accepted throughout the calendar year. A full year’s license fee will be required for a portion of a year, except that the Department may issue a certificate for an additional year when a new application is filed during the last 2 months of the certificate year.
Authority The provisions of this § 128.13 issued 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 § 128.13 adopted December 10, 2010, effective December 11, 2010, 40 Pa.B. 7044.
PEST MANAGEMENT CONSULTANTS
§ 128.21. Determination of competence.
A pest management consultant shall prove his competence by passing a written proctored examination.
§ 128.22. Licensing.
Upon passing a written examination and the payment of the annual fee, the Department will issue a pest management consultant’s license.
§ 128.23. Categories of pest management consultant.
The specialty categories for a pest management consultant will conform with the categories of commercial and public applicators established under § 128.42 (relating to categories of commercial and public applicators).
§ 128.24. Recordkeeping.
(a) A pest management consultant shall keep for each instance in which he provides technical advice, supervision or aid or makes a recommendation to the user of a restricted use pesticide, the following information:
(1) The name and address of the person for whom this service was provided.
(2) The brand name of the pesticides recommended to be used.
(3) The amount of the pesticides recommended to be used.
(4) The dosage or rate of the pesticides recommended to be used.
(5) The date on which this service was provided.
(b) A record required to be kept under this section shall be maintained for at least 3 years and shall be made immediately available to the Department upon request or to medical personnel in an emergency.
Authority The provisions of this § 128.24 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 § 128.24 amended December 10, 2010, effective December 11, 2010, 40 Pa.B. 7044. Immediately preceding text appears at serial pages (305257) to (305258).
Cross References This section cited in 7 Pa. Code § 130d.4 (relating to retained recordkeeping).
PESTICIDE APPLICATION BUSINESSES
§ 128.31. Licensing requirements.
(a) A pesticide application business may not be operated without first obtaining a pesticide application business license.
(b) The license period shall end on December 31 each year, except that the Department may issue a license for the following year when an initial license application is filed during the last 2 months of a licensing year.
(c) A pesticide application business shall prominently display on every vehicle involved in the pesticide application phase of its business the license number assigned by the Department. The number must be in figures at least 3 inches high and be located on both sides of the vehicle at a readily visible location in a contrasting color.
(d) A licensed business shall notify the Department in writing within 15 days of a change in information in its application for licensing, or if it is no longer engaged in the application of pesticides.
(1) A licensed pesticide application business shall return to the Department within 15 days the voided applicator certification or register technician card of an employee that is no longer employed by the pesticide application business.
(2) If the certification or registered technician card issued by the Department is not available, the pesticide application business shall notify the Department in writing within 15 days of the employee termination and provide an explanation of why the card is unavailable and the last known home address for the individual.
(e) A business that meets the definition of a commercial applicator as defined in section 4(6)(C) of the act (3 P. S. § 111.24(6)(C)) may not apply a pesticide without having a valid certified applicator physically present at the application site unless all application personnel on site are valid registered technicians.
(f) If the application business includes aerial applications, the applicant shall provide proof of compliance with the Federal Aviation Administration regulations as described in 14 CFR Part 137 (relating to agricultural aircraft operations).
Authority The provisions of this § 128.31 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 § 128.31 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 page (305258).
§ 128.32. Categories of business licenses.
A commercial or public business shall identify in its application those business categories in which it desires to operate. A business shall employ for each business category in which it makes a pesticide application at least one applicator who is certified in a specific applicator category recognized under the general business category and shall limit its applications to those applicator categories in which it employs at least one certified applicator. The business categories are listed in paragraphs (1)—(10). The applicator categories recognized under a particular business category are listed under that business category.
(1) Category (A)—Agricultural Plant Pest Control.
01 Agronomic Crops
02 Fruits and Nuts
03 Vegetable Crops
05 Forest Pest Control
08 Seed Treatment
(2) Category (B)—Agricultural Animal Pest Control.
04 Agricultural Animals
(3) Category (C)—Ornamental and Turf Pest Control.
06 Ornamental and Shade Trees
07 Lawn and Turf
22 Interior Plantscape
(4) Category (D)—Aquatic Pest Control.
09 Aquatic Pest Control
24 Swimming Pools
26 Sewer Root Control
(5) Category (E)—Right-of-Way Pest Control.
10 Right-of-Way and Weeds
(6) Category (F)—Industrial, Institutional, Structural and Health Related.
11 Household and Health Related
12 Wood Destroying Pests
14 (Reserved)
15 Public Health Vertebrate Pest Control
16 Public Health Invertebrate Pest Control
19 Wood Preservation
23 Park or school Pest Control
(7) Category (G)—Fumigation.
13 Structural Fumigation
20 Commodity and Space Fumigation
21 Soil Fumigation
(8) Category (H)—Demonstration and Research.
18 Demonstration and Research Pest Control
(9) Category (I)—Regulatory.
17 Regulatory Pest Control
(10) Category (J)—Aerial Applicator.
25 Aerial Applicator
Authority The provisions of this § 128.32 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 § 128.32 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 (305258) and (206525) to (206526).
Cross References This section cited in 7 Pa. Code § 128.85a (relating to ornamental or turf application notification).
§ 128.33. Assignment of work.
A pesticide application business may not allow an individual to make a pesticide application in an applicator category in which the individual has not been certified as an applicator or trained and registered as a technician.
Authority The provisions of this § 128.33 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 § 128.33 amended December 10, 2010, effective December 11, 2010, 40 Pa.B. 7044. Immediately preceding text appears at serial page (206526).
§ 128.34. Financial responsibility.
(a) The Department will consider a certificate of insurance from an insurer or surety to be evidence of financial responsibility if the insurer or surety is licensed to do business under section 1605 of the Insurance Company Law of 1921 (40 P. S. § 991.1605), or otherwise permitted by Federal law or the Insurance Department to do business in this Commonwealth, if the following conditions are met:
(1) The certificate of insurance includes the name of the insurance company, policy number, insurance amount, type of coverage afforded and exclusions relating to damage arising from the use of pesticides and expiration date of the policy.
(2) The minimum comprehensive general liability insurance provided is $100,000 for each occurrence of bodily injury liability and $100,000 for each occurrence of property damage liability. A policy may be written with combined limits if the limits equal or exceed the sum of the individual limits.
(3) The certificate indicates coverage for completed operations and includes a statement indicating that the coverage applies to pesticide application.
(4) The maximum deductible amount does not exceed $2,500 of the combined policy limits. If a pesticide application business has not satisfied the deductible amount in a prior claim, the policy may not contain a deductible amount.
(5) A current certificate of insurance is forwarded to the Department at each insurance renewal date which sets forth the same information specified in paragraphs (1)—(4).
(b) A pesticide application business desiring to qualify as a self-insurer may submit a written proposal of self-insurance to the Department for approval.
(1) The proposal shall include the following:
(i) A master self-insurance and security agreement.
(ii) A balance sheet and income statement which shall reflect the actual financial condition of the business as of the last complete calendar or fiscal year preceding the date of the proposal. These documents shall be prepared in accordance with generally accepted accounting principles and shall be certified by a certified public accountant.
(2) A business will not be approved as a self-insurer unless it posts certain collateral with the Department. This paragraph does not apply to government agencies or authorities.
(3) The minimum required security that shall be furnished to the Department is $500,000.
(4) Only the following will be accepted as valid collateral for self-insurance purposes:
(i) United States currency, including United States Treasury bills, United States Treasury notes or other negotiable obligations of the United State Government. United States Savings Bonds are not negotiable.
(ii) Evidence of escrow deposits in Federal or State banks, credit unions or savings and loan associations if Federally insured. Escrow deposits shall be established for the sole purpose of providing security to meet the duties of a self-insurer.
(iii) Irrevocable letters of credit issued by a bank in this Commonwealth or another bank as approved by the Department.
(iv) Surety bonds issued by insurers authorized or eligible to do business in this Commonwealth.
(v) Bonds or other negotiable obligations issued by a state, subdivision or instrumentality of a state in the United States, if not in default as to principal or interest.
(vi) Corporate bonds, issued by an entity other than the proposed self-insurer, rated A or better by Moody’s Bond Record, Moody’s Investors Service, Inc.
(vii) Other security approved upon petition to the Department.
(5) The Department will hold the collateral furnished for the benefit of the persons to whom the self-insurer is obligated.
(i) The self-insurer shall pay for obligations incurred under the act by assets readily reduced to liquid assets, such as demand deposits, time deposits, negotiable instruments and other assets which may be readily reduced to liquid form.
(ii) If the self-insurer is not able to discharge its obligations, the self-insurer may petition the Department to release the collateral posted as is necessary to satisfy the obligations of the self-insurer.
(iii) If withdrawals from collateral are required, the self-insurer shall replace the security within 72 hours from the date of withdrawal, to retain its certificate as a self-insurer.
(6) A self-insurer shall annually furnish to the Department a report of claims incurred during the preceding calendar year.
(7) Upon approval by the Department of a self-insurance proposal, a self-insurance certificate will be issued to the self-insurer. The certificate shall be renewed annually, after review that the Department deems appropriate.
(c) If the evidence of financial responsibility furnished by a pesticide application business no longer complies with this section, the business shall immediately provide other evidence of financial responsibility which complies with this section. If it fails to do so, the Secretary may revoke its license.
Authority The provisions of this § 128.34 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 § 128.34 amended December 10, 2010, effective December 11, 2010, 40 Pa.B. 7044. Immediately preceding text appears at serial pages (206526) and (305259) to (305260).
Cross References This section cited in 7 Pa. Code § 130d.26 (relating to financial responsibility).
§ 128.35. Recordkeeping.
(a) A pesticide application business shall keep for every application of a pesticide a record containing the following information:
(1) The date of application. For a pesticide requiring a reentry time, the date of application must include the hour completed. For continuous applications, such as swimming pools and chemigation, the record must include start and finish dates and the total amount of pesticide products used during that time period. For each addition of a pesticide to the system, an entry to the record is required.
(2) The name and address of the customer and the address and location of the application site if different from the address of the customer.
(3) The brand name of the pesticides used.
(4) The EPA product registration number.
(5) The total amount of every pesticide used in pounds, ounces, gallons, liters, applied to a treated area.
(6) The dosage or rate of application, of every pesticide used.
(7) The names and the certification or technician’s registration number of each person making or supervising the application. When applicable the names of noncertified/nonregistered persons involved in the application.
(8) The identification of the application site, including the specific field or land area and the crop and size of the area treated for pesticides used in the production of an agricultural commodity.
(b) When a restricted use pesticide is used in the production of an agricultural commodity, a copy of the record required under this section shall be provided by the application business to the customer within 30 days of the pesticide application.
(c) Pesticide product and application information shall be made immediately available to medical personnel in an emergency.
(d) A pesticide application record must be completed in written or printable form no later than 24 hours after the application date and made immediately available to the Department upon request.
(e) A record required to be kept under this section shall be maintained for at least 3 years.
Authority The provisions of this § 128.35 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 § 128.35 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 page (305260).
Cross References This section cited in 7 Pa. Code § 130d.4 (relating to retained recordkeeping).
COMMERCIAL AND PUBLIC APPLICATIONS
§ 128.41. Requirements for certification.
(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.
Authority 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)).
Source The provisions of this § 128.41 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 (305260) and (206529).
Cross References This section cited in 7 Pa. Code § 128.44 (relating to eligibility).
§ 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).
§ 128.43. Determination of competence.
(a) For each of the categories listed in § 128.42 (relating to categories of commercial and public applicators), competence in the use and handling of pesticides shall be determined on the basis of a written examination. The examination will include the following:
(1) Areas of knowledge and competence set forth in section 16.1 of the act (3 P. S. § 111.36a).
(i) Identification of pests to be controlled and the damages caused by pests.
(ii) The appropriate control measures to be used, including pesticides.
(iii) The hazards that may be involved in applying pesticides, to protect people and the environment.
(iv) The proper use of pesticide application equipment, including calibration and dosage calculations.
(v) Protective clothing and respiratory equipment required during application and handling of pesticides.
(vi) General precautions to be followed in cleaning and maintaining equipment used.
(vii) Transportation, storage, security and disposal of pesticides.
(viii) Applicable Federal and State pesticide laws and regulations.
(2) Safety.
(3) Labeling and label comprehension.
(b) An examination for certification will consist of two parts:
(1) One part of the examination, the core area, will be based on general information required of commercial and public applicators.
(2) The second part of the examination will be based on information related to the specific categories of commercial and public applicators.
(c) An examination will be proctored. The applicant shall provide to the proctor proof of personal identification by presenting a photo identification document issued by an agency of the United States Government or affiliated jurisdiction (that is, state or territory), such as a driver license, valid passport, military identification card or an immigration card; or at least two nonphoto identification documents one of which must be a United States Government issued document bearing the person’s signature, such as a Social Security card. The other nonphoto identification documents must identify the holder by name and address. Only reference materials approved by the Department may be used during the examination. Successful completion of the core area and successful completion of part two of the examination in a specific category will entitle a person to certification in that category. A person desiring certification for additional categories will be required to be examined for each additional category. An opportunity will be provided to retake an examination when a passing grade has not been achieved.
(d) If a person successfully completes only one part of the two-part examination, successful completion of the remaining part of the examination shall be obtained within 1 year from the date the initial part of the examination was successfully completed.
(e) An application to take an examination shall be filed along with the appropriate fee with the Department at least 10 working days prior to the date of the examination.
(f) A person may not use a reference source during an examination unless approved by the Department or its designated agents.
Authority The provisions of this § 128.43 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 § 128.43 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 (206531) to (206532).
Cross References This section cited in 7 Pa. Code § 128.44 (relating to eligibility).
§ 128.44. Eligibility.
(a) A person is eligible for certification upon reaching 18 years of age and fulfilling the requirements under § § 128.41—128.43 (relating to requirements for certification; categories of commercial and public applicators; and determination of competence). In addition to the requirements for a commercial applicator’s certification, an aerial applicator shall have a current commercial agricultural aircraft operator’s certificate issued by the Federal Aviation Administration or show evidence of compliance with 14 CFR Part 137 (relating to agricultural aircraft operations).
(b) Within 12 months of becoming eligible to be certified as a commercial applicator, a person shall file with the Department an application for certification. A person who fails to file an application within this 12-month period will lose certification eligibility and shall again establish eligibility in accordance with § § 128.41—128.43. An application for initial certification will be accepted from an eligible person throughout the year. A certificate will expire on September 30 following the date of application, except that the Department may issue a certificate for an additional year when an application is initially filed during the last 2 months of the certification year.
(c) Once a certification has expired, no further use of pesticides as allowed by the certification will be permitted. Eligibility for certification shall remain under subsection (b).
(d) If a person allows his certification to expire in the triennial year in which recertification credits are due, recertification shall require completion of delinquent recertification credits as described in § 128.45 (relating to recertification) and satisfaction of the requirements for eligibility of subsection (b).
(e) If a person fails to complete delinquent recertification credits within 1 year from the triennial certification expiration date or fails to renew the certification for any reason during that time period, the person is required to reestablish eligibility by meeting the requirements in § 128.3 (relating to fees), § 128.43 and this section.
Authority The provisions of this § 128.44 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 § 128.44 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 (206532) to (206533).
§ 128.45. Recertification.
(a) At intervals of 3 years, a certified commercial or public applicator shall provide evidence of having received current update training in technology relating to pesticides in the specific categories in which the applicator is certified to maintain certification. Training will be divided into core and category specific areas as follows:
(1) Core.
(i) Safety and health.
(ii) Labeling and label comprehension.
(iii) Environmental protection.
(iv) Equipment use, calibration and dosage calculations.
(v) Protective clothing and respirator equipment.
(vi) Cleaning and maintaining equipment.
(vii) Transportation, storage, security and disposal.
(viii) Applicable State and Federal laws.
(2) Category specific.
(i) Identification of pests.
(ii) Appropriate control measures.
(iii) Integrated pest management.
(b) Recertification credits will be given on the basis of attendance at courses or other appropriate training approved by the Department. Training will be evaluated by the Department and assigned credits. A person is required to meet the credit requirements in the ‘‘Pennsylvania State Plan for Certification of Pesticide Applicators.’’ This plan has been filed with and approved by the EPA in accordance with FIFRA. Records of training will be maintained by the Department and a yearly statement will be sent to each certified commercial or public applicator describing credits obtained and credits due to meet recertification standards.
(c) Training will be approved based on the following criteria:
(1) Training shall be conducted or sponsored by an educational institution, an individual, an association, a business or a governmental agency.
(2) Training shall be approved for recertification credits at the rate of 1 credit per 30 minutes of applicable instruction, exclusive of coffee breaks, lunches, visits to exhibits, and the like.
(3) Sponsors of recertification training shall submit a written request for course approval to the Department’s regional office for the region in which the meeting will be held. A request to approve out-of-State training shall be submitted to the Department of Agriculture, Bureau of Plant Industry, Health and Safety Division, 2301 North Cameron Street, Harrisburg, Pennsylvania 17110-9408. A request shall be submitted at least 15 working days prior to the training date.
(4) A request for training approval must include the following information:
(i) The name, address and phone number of the contact person who is coordinating the meeting.
(ii) The specific location of the meeting.
(iii) The date and time of the meeting.
(iv) A listing of the trainers, subject matter and time allotted to each subject.
(v) The trainer has at least 3 years experience as a certified applicator in the appropriate category or has submitted documentation of other qualifications to serve as a trainer such as educational background.
(vi) A statement of whether the meeting is opened to the public and if there is a charge to attend.
(5) Statements made in a request to approve training shall be supported by oath or affirmation or made subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).
(6) Credits will be assigned to each training meeting based upon the subjects covered and the amount of time expended on each subject.
(7) If an employee of the Department is unable to monitor the training, the meeting coordinator is responsible for authenticating attendance and shall compile an approved list of Pennsylvania certified applicators in attendance. The lists shall be returned to the Department within 10-working days following the meeting date and shall include the name of each individual attending and his applicator’s certificate number.
(8) Credits assigned may be modified if either the content or time of the actual meeting differs from the original written request for approval.
(9) Falsification by a pesticide business or other course sponsor of information required under this subsection may result in a warning, a fine, suspension and the withdrawal of course approvals as set forth in this section.
(10) A person may not falsify attendance or that of another person’s attendance at a recertification meeting. Falsification of attendance at a recertification course by a person may result in a warning, a fine or suspension or revocation of the applicator’s certification and require recertification as required under § § 128.3 and 128.61 (relating to fees; and determination of competence).
Authority The provisions of this § 128.45 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 § 128.45 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 (206533) to (206534) and (305261).
Cross References This section cited in 7 Pa. Code § 128.44 (relating to eligibility); and 7 Pa. Code § 128.63 (relating to recertification).
PESTICIDE APPLICATION TECHNICIANS
§ 128.51. Training program.
(a) A pesticide application technician shall obtain instruction in, and possess adequate knowledge of, the proper use and handling of pesticides. The training program must include:
(1) Those areas of knowledge described in section 16.2 of the act (3 P. S. § 111.36b).
(i) Identification of pests relative to job responsibility.
(ii) The proper use of pesticides and use of application equipment, including calibration and maintenance equipment used on the job.
(iii) Protective clothing and respiratory equipment required during the application and handling of pesticides.
(iv) Transportation and disposal of pesticides used in and around the workplace.
(v) Applicable State and Federal regulations as they affect the work assignments.
(2) Spill handling.
(3) Human health and environmental effects.
(4) Safety and security.
(b) The technician training program shall include a sufficient level of on-the-job training to allow the technician to competently perform the functions associated with an application of pesticides in which the technician is anticipated to be involved.
(c) A technician is not permitted to make a pesticide application using techniques, pesticides or equipment not included in his training.
(d) A technician shall undergo annual training to assure that his knowledge is adequate for satisfactory completion of his work related duties.
(e) A certified applicator with at least 1 year experience in the categories in which the technician is to be trained shall be responsible for administering the training program. This person shall develop a training program which includes the appropriate level of training needed by the technician to satisfactorily complete work related duties subject to disapproval by the Department.
Authority The provisions of this § 128.51 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 § 128.51 amended December 10, 2010, effective December 11, 2010, 40 Pa.B. 7044. Immediately preceding text appears at serial page (305261).
Cross References This section cited in 7 Pa. Code § 128.53 (relating to recordkeeping).
§ 128.52. Registration.
(a) A business shall submit to the Department a list of persons it intends to register as technicians. The postmarked date or date of receipt will indicate the beginning of a training period to consist of at least 30 calendar days of training.
(b) At the completion of training, the business shall file with the Department an application to register the technician. The application shall be signed by the certified applicator responsible for administering the training program and the technician verifying satisfactory completion of the training program. The annual registration fee shall be submitted with the application.
(c) A registration expires on February 28 each year.
(d) An application for a new registration will be accepted throughout the calendar year. A full year’s registration fee will be required for a portion of a year, except that the Department may issue a registration for an additional year when an application is initially filed during the last 2 months of the registration year.
(e) A pesticide application business shall register a technician annually with the Department and shall submit evidence of training, as required by the Department, in addition to the registration fee.
(f) A technician’s registration may not be transferred from one business to another.
(g) A technician must be 16 years of age or older at the time of application for registration.
Authority The provisions of this § 128.52 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 § 128.52 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 (305261) to (305262).
§ 128.53. Recordkeeping.
(a) A pesticide application business employing a technician shall keep records of training provided to meet the requirements of § 128.51 (relating to training program).
(b) The pesticide application business shall keep as part of its records proof of personal identification for all technicians by retaining copies of a photo identification document issued by an agency of the United States Government or affiliated jurisdiction (that is, state or territory), such as a driver’s license, valid passport, military identification card or an immigration card; or at least two nonphoto identification documents one of which must be a United States Government issued document bearing the person’s signature, such as a Social Security card. The other nonphoto identification documents must identify the holder by name and address. All copies of identification documents must be secured in a manner to prevent identity theft or unauthorized access.
(c) A record required to be kept under this section shall be maintained for at least 3 years and completed in written or printable form no later than 24 hours after the training and shall be made immediately available to the Department upon request.
Authority The provisions of this § 128.53 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 § 128.53 amended December 10, 2010, effective December 11, 2010, 40 Pa.B. 7044. Immediately preceding text appears at serial page (305262).
Cross References This section cited in 7 Pa. Code § 130d.4 (relating to retained recordkeeping).
PRIVATE APPLICATORS
§ 128.61. Determination of competence.
(a) Competency in the use and handling of restricted use pesticides by a private applicator will be determined on the basis of a proctored written examination. The examination will include the following:
(1) Areas of knowledge described in section 17.2 of the act (3 P. S. § 111.37b).
(i) Labeling and label comprehension.
(ii) Safety and health.
(iii) Environmental protection.
(iv) Pests.
(v) Pesticides.
(vi) Integrated pest management.
(vii) Equipment.
(viii) Application techniques and technology.
(ix) Laws and regulations.
(2) Transportation, storage, security and disposal.
(b) An opportunity will be provided to retake an examination if a passing grade has not been achieved.
(c) Only reference materials approved by the Department may be used during the examination.
(d) The applicant shall provide to the proctor proof of personal identification by presenting a photo identification document issued by an agency of the United States Government or affiliated jurisdiction (that is, state or territory), such as a driver license, valid passport, military identification card or an immigration card; or at least two nonphoto identification documents one of which must be a United States Government issued document bearing the person’s signature, such as a Social Security card. The other nonphoto identification documents must identify the holder by name and address.
Authority The provisions of this § 128.61 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 § 128.61 amended December 10, 2010, effective December 11, 2010, 40 Pa.b. 7044. Immediately preceding text appears at serial page (305262).
Cross References This section cited in 7 Pa. Code § 128.45 (relating to recertification); 7 Pa. Code § 128.62 (relating to eligibility); 7 Pa. Code § 128.63 (relating to recertification); and 7 Pa. Code § 128.64 (relating to fumigation by a private applicator).
§ 128.62. Eligibility.
(a) A private applicator will be eligible for a permit upon reaching 16 years of age and fulfilling the requirements of § 128.61 (relating to determination of competence) and subsection (b).
(b) Within 1 year of fulfilling the requirements of § 128.61, a private applicator shall file with the Department an application for a permit accompanied by the appropriate fee. A person who fails to file within this 1 year period shall again establish eligibility under § 128.61.
(c) A private applicator will be issued a numbered permit which shall be used by the applicator when purchasing a restricted use pesticide.
(d) A private applicator with an expired permit may not make an application of a restricted use pesticide (unless the individual is working under the direct supervision of a certified applicator).
Authority The provisions of this § 128.62 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 § 128.62 amended December 10, 2010, effective December 11, 2010, 40 Pa.B. 7044. Immediately preceding text appears at serial page (305263).
Cross References This section cited in 7 Pa. Code § 128.63 (relating to recertification).
§ 128.63. Recertification.
(a) At intervals of 3 years, a private applicator shall have accumulated credits as a result of having received update training approved by the Department in technology relating to the proper and safe use of pesticides to continue as a permitted private pesticide applicator. Training will be divided into core and category specific areas as specified in § 128.45(a) (relating to recertification).
(1) Core.
(i) Safety and health.
(ii) Labeling and label comprehension.
(iii) Environmental protection.
(iv) Equipment use, calibration and dosage calculations.
(v) Protective clothing and respirator equipment.
(vi) Cleaning and maintaining equipment.
(vii) Transportation, storage, security and disposal.
(viii) Applicable State and Federal laws.
(2) Category specific.
(i) Identification of pests.
(ii) Appropriate control measures.
(iii) Integrated pest management.
(b) Recertification credits will be given on the basis of attendance at meetings or other appropriate training approved by the Department. Training will be evaluated by the Department and assigned credits. A person is required to meet the credit requirements in the Pennsylvania State Plan for Certification of Pesticide Applicators. This plan has been filed with and approved by the EPA under FIFRA. Records of training will be maintained by the Department and a yearly statement will be sent to each private applicator describing credits obtained and credits due to meet recertification standards. Training will be approved as described under § 128.45(c).
(c) If a private applicator fails to renew his permit by the date of expiration, renewal requires the following:
(1) Completion of due recertification credits as described in subsections (a) and (b).
(2) Completion of the examination requirements as described in § § 128.3, 128.61 and 128.62 (relating to fees; determination of competence; and eligibility) by the applicator if the due recertification credits are not completed within 1 year from the expiration date of the permit or the permit is expired for more than 1 year for any reason.
(d) Falsification by a pesticide business or other course sponsor of information required under this subsection may result in a warning, fine and suspension or the withdrawal of course approvals as set forth in § 128.45 and this section.
(e) A person may not falsify his attendance or that of another person’s attendance at a recertification meeting. Falsification of attendance at a recertification course by a person may result in a warning, fine or suspension or revocation of the applicator’s certification and require recertification as required under § 128.61.
Authority The provisions of this § 128.63 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 § 128.63 amended December 10, 2010, effective December 11, 2010, 40 Pa.B. 7044. Immediately preceding text appears at serial page (305263).
Cross References This section cited in 7 Pa. Code § 128.64 (relating to fumigation by a private applicator).
§ 128.64. Fumigation by a private applicator.
(a) A private applicator shall hold a permit in the proper fumigation category to purchase or attempt to purchase or use a restricted use fumigant product.
(b) In addition to the requirements in § 128.61 (relating to determination of competence), a private applicator using commodity and space, or soil fumigants shall demonstrate competence in the proper and safe use of these pesticides. Competency shall be demonstrated by passing a proctored written examination specifically relating to each type of fumigant the applicator intends to use. Only reference materials approved by the Department may be used during the examination. The applicant shall provide to the proctor proof of personal identification by presenting a photo identification document issued by an agency of the United States Government or affiliated jurisdiction (that is, state or territory), such as a driver license, valid passport, military identification card or an immigration card; or at least two nonphoto identification documents one of which must be a United States Government issued document bearing the person’s signature, such as a Social Security card. The other nonphoto identification documents must identify the holder by name and address.
(c) A special permit will be issued, relating to fumigation, and will be valid for a 3-year period. A fee will not be charged for this special permit. A special permit will not be issued for the use of a fumigant unless the applicant has a private applicator’s permit.
(d) Recertification requirements shall be met through attendance at approved meetings and consist of at least two credits of category specific education relating to the appropriate area of fumigation in which the applicator is certified. The credits obtained by a private applicator to meet the requirements of this subsection may also be used to meet the requirements of § 128.63 (relating to recertification).
Authority The provisions of this § 128.64 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 § 128.64 amended December 10, 2010, effective December 11, 2010, 40 Pa.B. 7044. Immediately preceding text appears at serial page (305264).
§ 128.65. Recordkeeping.
(a) A private applicator shall keep for each application of a restricted use pesticide a record containing the following information:
(1) The date of application. For a restricted use pesticide requiring a reentry time, the date of application must include the hour completed.
(2) The place of application including the name and address of the farm and the specific field or land area and the crop treated.
(3) The size of the area treated.
(4) The brand name of every restricted use pesticide used.
(5) The EPA product registration number.
(6) The total amount of every restricted use pesticide used in pounds, ounces, gallons, liters, applied to a treated area.
(7) The dosage or rate of application of every restricted use pesticide used.
(8) The names and the permit or certification numbers of the persons making or supervising the application. When applicable, the names of the noncertified applicators acting under the direct supervision of the private applicator shall be recorded.
(b) A record required to be kept under this section shall be maintained for at least 3 years.
(c) Pesticide product and application information shall be made immediately available to medical personnel in an emergency.
(d) A restricted use pesticide application record must be completed in written or printable form no later than 24 hours after the application date and made immediately available to the Department upon request.
Authority The provisions of this § 128.65 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 § 128.65 amended December 22, 1995, effective December 23, 1995, 25 Pa.B. 5924; amended December 10, 2010, effective December 11, 2010, 40 Pa.B. 7044. Immediately preceding text appears at serial page (305264).
Cross References This section cited in 7 Pa. Code § 130d.4 (relating to retained recordkeeping).
RECIPROCITY
§ 128.71. General.
A person who is not a resident of this Commonwealth, but who has a valid license, certificate or permit from another state, may obtain an appropriate Pennsylvania license, certificate or permit if the state in which the person is licensed has a reciprocal agreement with the Commonwealth under section 22 of the act (3 P. S. § 111.42). A license, certificate or permit will be issued under this section only for the initial period of issuance for that eligible category.
Authority The provisions of this § 128.71 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 § 128.71 amended December 10, 2010, effective December 11, 2010, 40 Pa.B. 7044. Immediately preceding text appears at serial page (305265).
Cross References This section cited in 7 Pa. Code § 128.72 (relating to procedure).
§ 128.72. Procedure.
A person desiring a license under § 128.71 (relating to general) shall submit to the Department a properly completed application, the appropriate fee and evidence of financial responsibility as required along with a copy of the person’s current license, certificate or permit, proof of having reached the 18 years of age, out-of-State residency and proof of personal identification by presenting a photo identification document issued by an agency of the United States Government or affiliated jurisdiction (that is, state or territory), such as a driver license, valid passport, military identification card or an immigration card; or at least two nonphoto identification documents one of which must be a United States Government issued document bearing the person’s signature, such as a Social Security card. The other nonphoto identification documents must identify the holder by name and address.
Authority The provisions of this § 128.72 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 § 128.72 amended December 10, 2010, effective December 11, 2010, 40 Pa.B. 7044. Immediately preceding text appears at serial page (305265).
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