(a) Certified private applicator.
- (1) A person seeking certification to apply nutrients to land owned in whole or part by him or her or to land that is under his or her control through a property interest other than ownership shall apply to be certified as a certified private applicator.
(2) Land controlled by a person through a means other than property ownership would include but is not limited to:
- (A) Farmers farming someone else’s land through a land rental agreement; or
- (B) Persons who work exclusively for one (1) landowner and apply nutrients incidental to other services provided to the landowner.
- (b) Certified commercial applicator. A person seeking certification to apply nutrients and who derives a substantial portion of income from the application of nutrients to land not under his or her ownership or control shall apply to be certified as a certified commercial applicator.
- (c) A certified private applicator may apply poultry litter produced on a farm under his or her ownership or control to land not under his or her ownership or control without being considered a certified commercial applicator so long as he or she does not derive a substantial portion of his or her income from such application.
- (d) A certified private applicator who owns or operates a poultry farm and who owns cleanout equipment may assist others in the cleanout of poultry houses and the application of poultry litter from those houses without being a certified commercial applicator so long as he or she does not derive a substantial portion of his or her income from such cleanout work.