2400.1 No person shall act in the capacity of a pesticide operator, or advertise as or assume to act as a pesticide operator, at any time unless the person is licensed by the Mayor in accordance with the provisions of Chapters 22 through 25 of this subtitle.

2400.2 No licensed pesticide applicator who owns or manages a pesticide application business in which pesticides are applied upon the lands of another for hire or compensation shall permit the use of any pesticide by any person who is not a licensed commercial or public applicator who is certified in each category in which the business will engage, or who is a registered employee of the pesticide operator acting under the direct supervision of the licensed applicator.

2400.3 No licensed pesticide operator who owns or manages any commercial firm, business, corporation, or private institution, who directly or through employees uses restricted use pesticides on property owned, managed, or leased by the commercial firm, business, corporation, or private institution, shall permit the use of any restricted use pesticides by any person who is not a licensed commercial or public applicator who is certified in each category in which the business will engage, or who is a registered employee of the pesticide operator acting under the direct supervision of the licensed applicator.

2400.4 Each place of business providing services involving the use of pesticides or devices or performing other pest control activities in the District for the control, eradication, mitigation, or prevention of pests either entirely or as part of the business, shall be licensed in accordance with the provisions of the Act.

2400.5 The license issued to a pesticide operator is not transferable, and shall remain with the business to which it is issued.

2400.6 Upon termination of any business, the licensee shall be required to submit his or her license within ten (10) working days to the Director for cancellation.

2400.7 The certification and licensing requirements shall not apply to the following individuals:

(a) A person conducting laboratory-type research involving restricted use pesticides;

(b) A doctor of medicine or a doctor of veterinary medicine applying pesticides as drugs during the course of normal practice;

(c) A registered employee while working under the direct supervision of a licensed certified applicator; or

(d) A person applying general use pesticides on his or her own premises, or an employee of that person who applies a general use pesticide on the person's premises.

2400.8 All licenses granted by this chapter shall be conspicuously posted on the premises of the licensee.

2400.9 All licenses granted by this chapter shall be accessible at all times for inspection by the Director, police, or other officials duly authorized to make an inspection.

AUTHORITY: Unless otherwise noted, the authority for this chapter is § 412 of the District of Columbia Self-Government and Governmental Reorganization Act, as amended, 87 Stat. 790, Pub. L. No. 93-198, D.C. Code § 1-227(a); and the Commissioner's Order 71-255 effective July 27, 1971; as amended by Commissioner's Order 72-96 effective April 19, 1972; and by the Pesticide Operations Act of 1977, D.C. Law 2-70, 24 DCR 6867 (February 17, 1978); Mayor's Order 78-156 dated August 1, 1978.

SOURCE: Section 7 of the Pesticide Operations Act of 1977, D.C. Law 2-70, 25 DCR 6867, 6883 (February 17, 1978); as amended by Final Rulemaking published at 25 DCR 3044 (October 6, 1978), incorporating Proposed Rulemaking published at 25 DCR 2118 (August 25, 1978); and as amended by Final Rulemaking published at 30 DCR 2204, 2207 (May 13, 1983).

EDITOR'S NOTE: Chapter 12, Pesticide Operators was renumbered Chapter 24.