Subchapter A. GENERAL PROVISIONS
Sec.
128.1. Scope.
128.2. Definitions.
128.3. Fees.§ 128.1. Scope.
This chapter prescribes policies and procedures relating to the following:
(1) The labeling, distribution, storage and registration of pesticides.
(2) The classification of restricted use pesticides.
(3) The certification of pesticide applicators.
(4) The licensing of pesticide dealers, commercial and public pesticide businesses and pest management consultants.
(5) The registration of pesticide application technicians and the prior notification of proposed pesticide applications.
§ 128.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Act—The Pennsylvania Pesticide Control Act of 1973 (3 P. S. § § 111.21—111.61).
Application site—The specific location where a pesticide is applied.
Applicator certificate—A form issued by the Department to a commercial or public applicator following the successful completion of a certification examination or other certification requirements.
Area-wide application—A nonagricultural pesticide application to areas of 25 or more contiguous acres or a nonagricultural pesticide application made by or at the direction of a governmental entity to properties of more than one person.
Available if and when needed—The ability of a certified applicator to communicate with a person applying pesticides under his supervision so that the certified applicator can provide instructions and exercise control over the application and can be at the application site within 5 hours of receiving notification that his physical presence is necessary.
Business—A governmental entity or commercial establishment for profit or not-for-profit. For a pesticide application business having more than one place of business or operating under more than one name within this Commonwealth, each place of business and each name shall be considered a separate business. For a State or Federal entity, each district or region will be considered a separate business.
Common access area—The areas within a school building where students/attendees normally congregate, assemble or frequent during normal academic instruction or extracurricular activities. The term does not include areas such as kitchens, boiler rooms, utility/maintenance rooms and areas which are physically blocked or restricted from student/attendee access.
Constructive notification—A person shall be deemed to have received notification if an adult residing in the same dwelling unit is so notified; orally, or by certified mail, or by a message left on an answering device activated by contacting the residence, including electronic mail or facsimile.
Current registry—The Pesticide Hypersensitivity Registry with the most recent effective date.
Department—The Department of Agriculture of the Commonwealth.
Dosage or rate of application—The concentration of each pesticide, such as, a percent, ounces or quarts per gallon, pounds per 100 gallons, applied to a specific application site or target such as a crop, ornamental, cut stump, weed, animal, utility pole, reported as gallons per acre, pounds per 1,000 square feet, ounces per linear foot, ounces per cubic foot or ounces per animal.
EPA—The United States Environmental Protection Agency.
FIFRA—Federal Insecticide, Fungicide, and Rodenticide Act of 1947 (7 U.S.C.A. § § 136—136y).
Fumigant—A pesticide that when released forms a gas.
General use pesticide—A pesticide not classified for restricted use.
Governmental entity—An executive or independent agency or unit of the Commonwealth, or local agency, including a county, a city, a borough, town, township, school district, municipal authority or political subdivision thereof.
Integrated pest management—The managed use of combined pest control alternatives, including cultural, mechanical, biological and chemical, to most effectively prevent or reduce to acceptable levels damage caused by pests.
Land contiguous to a restricted use pesticide application site—Premises which share a mutual border with the premises upon which the application site is located. The term does not include premises located more than 100 feet from the application site.
Perimeter treatment—(i) The application of pesticide to the exterior of a structure to a maximum distance of 10 feet from the structure, unless the pesticide label clearly states otherwise, to prevent pests from invading the structure.
(ii) The term excludes tamper resistant bait stations.
Person—An individual, partnership, association, corporation or any organized group of persons whether incorporated or not.
Pesticide dealer manager—An owner or individual employed by a licensed pesticide dealer who is responsible for storage and distribution of restricted use pesticides.
Pesticide end-use dilution—Pesticide material resulting from the dilution of a registered pesticide according to label direction.
Pesticide hypersensitivity—Excessive or abnormal sensitivity to pesticides.
Primary residence—An individual’s legal residence.
Prior notification—(i) Notification of a proposed application of pesticides given not more than 45 days and not less than 14 days prior to the date of application which contains the following information:
(A) The proposed date of application.
(B) The municipalities where the proposed application sites are located.
(C) The name, address and telephone number of the pesticide application business to whom requests for additional information should be directed.
(ii) A request for prior notification shall expire on December 31 in the year in which it is made.
Private park—Privately owned outdoor real estate which includes a recreational area for use by the public, including an area with restricted access.
Production of an agricultural commodity—The term includes activities involved in the raising of plants or animals and their products. The term does not include the protection or maintenance of harvested crops, slaughtered livestock or plant and animal products unless the protection or maintenance is carried out by the original producer of the agricultural commodity, who is a private applicator, or another private applicator.
Public park—Publicly owned outdoor real estate which includes a recreational area for use by the public, including an area with restricted access.
Recreational area—An outdoor place of relaxation, play or exercise.
Restricted use pesticide—The term includes the following:(i) A pesticide classified for restricted use under section 3(d) of FIFRA (7 U.S.C.A. § 136(d)).
(ii) A pesticide designated by the Secretary for restricted use under section 7(b)(6) of the act (3 P. S. § 111.27(b)(6)).
School—A public, nonpublic or licensed private elementary or secondary school wherein a resident of this Commonwealth may fulfill the compulsory school attendance requirements and which meets the applicable requirements of Title IV of the Civil Rights Act of 1964 (42 U.S.C.A. § 2000c) (Public Law 88-352, 78 Stat. 241). The term also includes a kindergarten or preschool program operated by a school and a child day care center operating under a certificate of compliance issued by the Department of Public Welfare.
Secondary location——An address where an individual may be located other than the individual’s primary residence, limited to the following:(i) Place of employment.
(ii) School.
(iii) Vacation home.
Secretary—The Secretary of the Department.
Service container—A container other than the original labeled container of a registered pesticide used for the purpose of holding, storing or transporting an original registered pesticide material or a pesticide end-use dilution.
Specific site application—A nonagricultural pesticide application made by or at the direction of a person to property owned or rented by that person.
Swimming pool—An outdoor or indoor place used for bathing or for amateur, professional or recreational swimming, excluding single-family residential pools.
Therapeutic swimming pool—An indoor swimming pool or spa with a water temperature above 85° F used solely for the rehabilitation or medically recommended treatment.
Under the direct supervision of—The term includes the following:(i) For a commercial or public certified applicator, the application of a pesticide by a registered pesticide application technician acting with the instructions and under the control of a certified applicator who is responsible for the actions of the technician and who is available when needed; or the application of a pesticide by a nonregistered or noncertified person acting with the instructions and under the continuous voice and visual control of a certified applicator who is responsible for the actions of the person and physically present at the application site. The supervising applicator shall be certified in the appropriate category relating to the application.
(ii) For a private certified applicator, the application of a restricted use pesticide by a noncertified person acting under the instructions and control of a certified applicator who is responsible for the actions of that person and who is available when needed.
Upon written request—The term includes a notice of inspection issued by the Department.
Use, or cause to be used, a pesticide inconsistent with its labeling—The use of a pesticide in a manner not permitted by its labeling. This phrase does not include:(i) Applying a pesticide at a dosage, concentration or frequency less than that specified on its labeling.
(ii) Applying a pesticide against a target pest not specified on the labeling if the application is to the crop, animal or site specified on the labeling unless the labeling specifically states that the pesticide may only be used for the pests specified on the labeling.
(iii) Employing a method of application not prohibited by the labeling.
(iv) Mixing a pesticide with a fertilizer where the mixture is not prohibited by the labeling.
Worker Protection Standard—Includes all provisions of the Federal Worker Protection Standard as set forth in 40 CFR Part 170 (relating to worker protection standard).
Authority The provisions of this § 128.2 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 § 128.2 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 (301741) to (301744).
Cross References This section cited in 7 Pa. Code § 128.103 (relating to handling, transportation, storage, use and disposal of pesticides).
§ 128.3. Fees.
(a) Pesticide dealer’s license. The annual fee for a pesticide dealer’s license is $10 per location. The fee for a duplicate pesticide dealer’s license is $3.
(1) The annual fee for a pesticide dealer manager’s certificate is $15 per individual.
(2) The fee for a duplicate pesticide dealer manager’s certificate is $3.
(b) Pest management consultant’s license. The annual fee for a pest management consultant’s license is $25. The fee for a duplicate pest management consultant license is $8.
(c) Pesticide application business’ license. The annual fee for a pesticide application business’ license is $35. The fee for a duplicate pesticide application business license is $8.
(d) Commercial applicator’s certificate. The annual fee for the commercial applicator’s certificate is $40. When the initial certification requires examination, no fee will be charged. The fee for a duplicate commercial applicator’s certificate is $10. If an applicator is employed by more than one pesticide application business, a separate certificate and fee is required.
(e) Public applicator’s certificate. The triennial fee for a public applicator’s certificate is $10. A fee is not required when the initial certification requires examination. The fee for a duplicate public applicator’s certificate is $3.
(f) Examination fees. Examination fees are nonrefundable. The following examination fees, with payment made in advance, will be charged:
(1) Commercial/public applicator’s core examination—$50.
(2) Commercial/public applicator’s category examination—$10.
(3) Pesticide dealer manager’s examination—$50.
(4) Private applicator’s examination—no charge.
(5) Pest management consultant’s examination—no charge except that a fee of $5 will be charged if an examination is requested on other than a regularly scheduled examination date.
(6) In addition to the examination fees in this subsection, when a person chooses to take a pesticide examination offered by an agency or vendor that is under contract with the Department, any additional costs as may be charged by the contracted agency or vendor shall be assessed to the person taking the examination. When a contracted agency assesses an additional fee for costs such as use of its facilities, administration of the test and services provided, the Department will pass that fee along to the person taking the test. When a private vendor under contract with the Department is utilized, the private vendor shall collect any additional fees it may charge for costs such as use of its facilities, administration of the test and services provided. The Department will continue to offer pesticide certification examinations on at least a monthly basis at Department sites where additional charges will not be assessed. The Department will post on its web site the addresses of the contracted examinations, the dates and times examinations are offered at those locations, and the additional costs that will be charged by the contracted agency or vendor.
(g) Registration fee for a pesticide application technician.
(1) Commercial pesticide application technician. An annual registration fee of $30 will be charged to register a commercial pesticide application technician with the Department. The fee for a duplicate technician registration is $7.
(2) Public pesticide application technician. An annual registration fee of $20 will be charged to register a public pesticide application technician with the Department. The fee for a duplicate technician registration is $7.
(h) Private applicator’s permit. The triennial fee for a private applicator’s permit is $10. The fee for a duplicate private applicator’s permit is $3. A fee will not be charged for a special permit which may be issued in conjunction with the private applicator’s permit.
(i) Product registration. The annual fee to register a pesticide is $250.
Authority The provisions of this § 128.3 amended under sections 7(b), 34(3) and (4) and 37.1 of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. § § 111.27(b), 111.54(3) and (4) and 111.57a).
Source The provisions of this § 128.3 adopted February 2, 1990, effective February 3, 1990, 20 Pa.B. 488; amended October 18, 1991, effective October 19, 1991, 21 Pa.B. 4949; amended December 22, 1995, effective December 23, 1995, 25 Pa.B. 5945; amended October 12, 2001, effective October 13, 2001, 31 Pa.B. 5704; amended December 10, 2010, effective December 11, 2010, 40 Pa.B. 7044; amended January 16, 2015, effective February 17, 2015, 45 Pa.B. 308. Immediately preceding text appears at serial pages (371599) to (371600).
Cross References This section cited in 7 Pa. Code § 128.44 (relating to eligibility); 7 Pa. Code § 128.45 (relating to recertification); 7 Pa. Code § 128.63 (relating to recertification); and 7 Pa. Code § 128b.5 (relating to funding).
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