2309.1 The Department shall determine competency in the use and handling of pesticides by a private applicator by procedures set forth in this section.

2309.2 As a minimum requirement for certification, a private applicator shall show that they possess a practical knowledge of the principles and practices of pest control associated with the production of agricultural commodities and effective use of restricted use pesticides, including the information set forth in 40 C.F.R. § 171.105(a) and the following:

1. (a) The pest problems and pest control practices associated with the agricultural operations, proper pesticide storage, use, and handling, and proper disposal of the pesticides and containers with which the applicator will be involved;
2. (b) The principles of integrated pest management; and
3. (c) The responsibilities related to the applicator's job.

2309.3 An applicator's practical knowledge shall be evaluated according to his or her ability to:

1. (a) Recognize common pests to be controlled and the damage caused by these pests;
2. (b) Read and understand the label and labeling information, including the common name of pesticides the applicator applies, the pest or pests to be controlled, the timing and methods of applications, the safety precautions, the pre-harvest or reentry restrictions, and any specific disposal procedures;
3. (c) Apply pesticides in accordance with label instructions and warnings, including the ability to prepare the proper concentration of pesticide to be used under particular circumstances, taking into account such factors as the area to be covered, speed at which application equipment will be driven, and the quantity dispersed in a given period of operation;
4. (d) Recognize local environmental situations that must be considered during an application in order to avoid contamination; and
5. (e) Recognize poisoning symptoms and know procedures to follow in case of a pesticide accident.

2309.4 The Department may verify the competence of each private applicator through a private applicator certification system that ensures the private applicator is competent:

(a) To perform general agricultural pest control and aerial pest control based on the standards in 40 C.F.R. § 171.105(a) and (f), respectively; and

(b) To use restricted use pesticides in conformance with the limitations of applicable District and federal laws and regulations.

2309.5 The certification system specified in § 2309.4 shall employ a written demonstration of competence that conforms to the examination standards set forth in § 2303.3.

2309.6 A private applicator that uses restricted use pesticides applied by fixed or rotary wing aircraft shall show that the applicator possesses the knowledge of the pest problems and pest control practices associated with performing aerial applications, including the information in 40 C.F.R. § 171.105(f).

SOURCE: The Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; 24 DCR 6867 (February 17, 1978)); as amended by Final Rulemaking published at 25 DCR 3044 (October 6, 1978), incorporating the text of the Proposed Rulemaking published at 25 DCR 2118 (August 25, 1978); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026).