Rule 620-3-.02. Responsibilities of the Licensee; Certified Operator; and Employee

(1) Each licensee shall designate a Certified Operator for each operational category, who may be the same person if certified in multiple categories, who shall be an employee of the licensee and be in charge of and actively participate in providing adequate personal supervision in the pest control operations of each office and any sub-offices with a duplicate license but are not limited to proper training of employees, review of paperwork for the operation for accuracy including but not limited to The Official Waiver of the Minimum Treatment Standards for the Control of Subterranean Termites and Official Georgia Wood Infestation Inspection Reports, reviewing proper pesticide application volumes, and ensuring the proper use, storage and disposal of pesticides, subject to the following: (a) The licensee shall be responsible for the actions of its Designated Certified Operator. No Certified Operator may serve as Designated Certified Operator for more than one licensee except as provided in Rule 620-3-.02(1)(b) below. (b) No pesticide application may be made by a licensee without a Designated Certified Operator. If a licensee loses a Designated Certified Operator through an unplanned separation or event of crisis, other than the intentional or forced transfer of a Designated Certified Operator from one licensee or office to another, the licensee shall notify the Commission immediately. A licensee who has lost their Designated Certified Operator may obtain the services of a Certified Operator who is in the employment of another licensee, and who may serve as the Designated Certified Operator for both licensees for not more than ninety (90) days. The licensee shall notify the Commission immediately of the dual service of such Designated Certified Operator. (c) If the residence of the Designated Certified Operator is not within normal commuting distance or is more than 100 miles from the office or sub-office they are supervising, or if the Designated Certified Operator is employed in more than one (1) occupation, the Commission may require such Designated Certified Operator to appear in person or furnish information in writing to show that they are personally directing, supervising and controlling the pest control activities of the licensee. (d) The Licensee shall permanently mark all the Licensee's vehicles and mobile equipment used regularly for sales and service, in bold-print letters not less than two (2) inches in height and on contrasting background, with the following information: 1. The name of the Licensee The Licensee shall ensure that all privately owned vehicles and mobile equipment, during use for sales and service on behalf of the Licensee, are identified by the same information as required for the Licensee's vehicles by permanent markings firmly attached to the outside or prominently displayed inside the privately owned vehicle. (e) The Licensee shall be responsible for registering all employees involved in the solicitation or performance of pest control work with the Secretary other than certified operators. No employee shall be allowed to solicit any business or perform any pest control work except in the presence of a certified operator, certified registered employee, or another registered employee until such employee has satisfied all requirements for employee registration or reregistration as set forth below: 1. Ten (10) hours of classroom training approved by the Commission and presented by a currently certified operator or other person whom the Commission has determined to be competent to deliver training in the following areas: (i) State and Federal laws and regulations (ii) How to read and interpret a pesticide label. (iii) Handling of emergencies and spills, including signs and symptoms of common types of pesticide poisoning, emergency practical treatment for pesticide exposure, how to obtain emergency medical care and decontamination procedures. (iv) Proper methods of storing, mixing, loading, transporting, handling, applying and disposing of pesticides. (v) Safety and health issues including proper use of personal protective equipment, hazards posed by the toxicity and exposure of pesticides, including acute and delayed reactions and routes of exposure. (vi) Potential adverse effects caused by various climatic or environmental conditions such as drift, run off, and groundwater contamination. (vii) Integrated pest management. 2. Seventy (70) hours of on-the job experience under the constant personal supervision of a currently certified operator, certified registered employee, or a currently registered employee in the category(ies) in which registration is sought, or another person whom the Commission has approved as competent to supervise such experience. 3. Documentation of applicant's training and on-the job experience by category. Such documentation shall be on a form prescribed by the Commission and such form shall be executed by the certified operators, certified registered employees, registered employees or other persons providing such training and experience and kept for two (2) years. 4. A score of at least seventy (70) percent on a written examination covering the classroom training. Examinations will be administered by the Commission or their authorized representatives. Any applicant who fails the written examination the first time may retake the examination at any subsequent testing session. Any applicant who fails the third or any subsequent examination must repeat the classroom training, but shall not be required to repeat the on-the-job experience before retaking the written examination. An examination fee of forty-five (45) dollars shall be required of the Licensee each time an employee takes the written examination. 5. Payment by the Licensee of a registration fee of ten (10) dollars to the Secretary within ninety (90) days of notification of passing the examination(s), otherwise reexamination will be required. 6. Issuance of an employee registration card by the Secretary. While waiting for the issuance of the registration card, an applicant may act as a registered employee for a period not to exceed 15 business days after notification of a passing grade and after payment of the registration fee by the Licensee until the registration card is received. In the event that a registration card is lost, a duplicate card may be issued by the Secretary for a ten (10) dollar fee. 7. Issuance of a new card by the Secretary for an employee who is employed by a new firm but who has previously satisfied the classroom training, on the job experience and other requirements for initial registration and is currently registered as an employee with another licensee. Fee for issuance of such a registration card will be ten (10) dollars. 8. All employee registrations shall expire on June 30 of each odd numbered year unless the registered employee has earned the hours of recertification training per category approved by the Commission prior to March 1 of each odd numbered year. The registration of any employee who becomes registered after October 1 of any even numbered year shall be eligible for renewal for the succeeding two (2)-year period without earning the required recertification hours. The Licensee shall pay the renewal fee of ten (10) dollars to the Secretary by June 30 for any employee who has earned the hours of approved training required, or who is otherwise eligible for renewal. Any renewal fee paid July 1 through September 30 shall be twenty (20) dollars. Any employee who fails to renew registration before October 1 must complete all requirements for initial registration before being registered again. The hours of Commission approved training required for reregistration for each two (2)-year period shall be: Household Pest Control 8 hours Wood Destroying Organisms 8 hours Fumigation 3 hours Computer-based training shall be limited to no more than 4 hours for Household Pest Control, 4 hours for Wood Destroying Organisms, and 1 hour for Fumigation. 9. The licensee shall register employees who are certified only in Honey Bee Control and Removal but are involved in the solicitation or performance of pest control work in Household Pest Control, Wood Destroying Organism Control, and/or Fumigation. 10. The Licensee shall notify the Secretary of employees involved in the solicitation or performance of pest control work who fail to become registered within 30 days of employment. (f) Upon completion of every application of pesticide for structural pest control and upon the installation or modification thereof of any termite control system protecting a structure, the Licensee shall be responsible for providing to the owner, resident, or custodian of the property, a legible pesticide use record. The Licensee shall keep true and accurate records of all pesticide use. Such records shall be retained for a minimum period of two (2) years, shall be made available to the Commissioner or his authorized representative upon request in a reasonable amount of time, as defined in rule 620-2-.01(aa), and shall include all of the following information: 1. Customer name 2. Address of property treated 3. Name and telephone number of company 4. Name of applicator and registration or certification number 5. Specific area(s) treated 6. Brand name of pesticide product or system applied/installed (i) EPA Registration number of the pesticide product or system applied/installed (ii) Amount of pesticide or other material applied (iii) Concentration of pesticide or other material applied (iv) Method of application of the pesticide product or system applied/installed 7. Target pest(s) for which product was applied 8. Application date 9. Any post-application precautions which must be followed 10. Application start and completion times noting AM or PM for non-residential applications such as institutions, schools and non-residential commercial facilities. (g) The Licensee shall provide a written and/or an electronic pesticide use record to the resident or custodian of the property. If an electronic record is provided, the property owner or custodian of the property must complete the electronic communication acknowledgement form, which shall include the following language: Electronic Communication Acknowledgement Statement. In accordance with state regulations, pest control companies have a responsibility to provide you with a record every time a pesticide product and/or pest system is applied. This record is required to be provided to the property owner, resident, or custodian of the property. This record may include post-application precautionary information. Licensed and regulated by the Georgia Department of Agriculture, 19 Martin Luther King, Jr. Dive, Atlanta, Georgia 30334 (404) 656-3641. I understand and request that my pesticide use records be provided or made available to me electronically. __________________________________________ Signature of owner, resident or custodian of the property & Date The form must be maintained either for as long as the contract remains in effect or for two (2) years past the expiration of the contract. (h) The Licensee shall notify the Secretary in writing, within ten (10) days of any change of address or the opening or closing of any office. (i) All licensees and certified operators shall furnish, to the Commission or the Commissioner upon request in a reasonable amount of time, any information relating to application for examination, affidavits for renewal, information on methods or materials used and such other information as may be required by the Commission or Commissioner. (j) All certified operators shall be responsible for giving appropriate written or oral instructions to all persons working under their direct supervision relating to selection and use of appropriate pesticides, including proper formulation, dilution, dosages, and use precautions. Every employee shall take all reasonable measures to ensure that pesticides are applied in such a manner to avoid accidental injury or poisoning of humans and domestic animals, including, but not limited to, the removal and proper disposal of any spilled pesticide, and the proper disposal of unused pesticides and pesticide containers. All service vehicles shall contain a spill control kit that shall include an adequate amount of absorptive material to absorb the largest potential spill that is likely to occur from the use of that vehicle. (k) No uncertified person may lawfully apply, under any circumstances, any restricted use pesticide or any State restricted use pesticide unless under the direct supervision of a certified operator that holds a certification in the appropriate operational category at the time of the application. In addition, the following conditions must be met: 1. Within the twelve (12)-month period preceding the application, the noncertified applicator must have received: (i) Training in accordance with 40 CFR § 171.201(d); and (ii) Instruction on the safe operation of any equipment that they will use for mixing, loading, transferring, or applying pesticides. 2. Before each use of a restricted use pesticide by a noncertified applicator: (i) The certified operator must ensure that the noncertified applicator has access to the relevant product labeling at all times during its use; (ii) Where the labeling of a pesticide product requires that personal protective equipment be worn for mixing, loading, application, or any other use activities, the certified operator must ensure that any noncertified applicator has clean, labeling-specific personal protective equipment in proper operating condition and that the personal protective equipment is worn and used correctly for its intended purpose; (iii) The certified operator must provide to each noncertified applicator instructions specific to the site and pesticide used. These instructions must include labeling directions, precautions, and requirements applicable to the specific use and site, and how the characteristics of the use site (e.g., surface and ground water, endangered species, and local population), and the conditions of application (e.g., equipment, method of application, and formulation) might increase or decrease the risk of adverse effects. The certified operator must provide this information in a manner that the noncertified applicator can understand; (iv) The certified operator must ensure that before each day of use, pesticide mixing, loading, transferring, or application equipment is in proper operating condition as intended by the manufacturer, and can be used without risk of reasonably foreseeable adverse effects to the noncertified applicator, other people, or the environment; (v) The certified operator must ensure that a means to immediately communicate with the certified operator is available to each noncertified applicator who is using restricted use pesticides under their direct supervision; (vi) The certified operator must create or verify the existence of the records required by 40 CFR § 171.201(e)(1)(i). 3. The certified operator must create or verify the existence of records documenting that each noncertified applicator has the qualifications required in 40 CFR § 171.201(d) before allowing the noncertified applicator to use restricted use pesticides under his or her direct supervision. For each noncertified applicator, the records must contain the following information: (i) The noncertified applicator's printed name and signature; (ii) The date the training requirement in 40 CFR § 171.201(d) was met; (iii) The name of the person who provided the training; and (iv) The title or a description of the training provided. (l) All applications of pesticides other than pesticide products which are applied in enclosed stations in compliance with registered product label and labeling directions, by a Licensee to outdoor areas extending more than ten (10) feet from the structure shall be subject to the following requirements: 1. At the time of application, the Licensee shall be responsible for posting a sign at the primary point(s) of entry to the treated area(s). 2. Sign specifications shall include: (i) The sign shall be at least 4" x 5" in size and made of sturdy, weather resistant material. (ii) The printing shall be in contrasting colors to the background of the sign. (iii) The bottom edge of the sign shall be eight (8) to twelve (12) inches above the ground. (iv) The wording and format must include but need not be limited to the following: "CAUTION" 72 point 11/16" "PESTICIDE APPLICATION" and "KEEP OFF" 30 point 9/32" SYMBOL 2" "THIS SIGN..." 11 point 3/32" (m) Use and labeling of service containers for transportation or temporary storage of pesticides: the contents of service container is required to be identified by including the brand name and EPA registration number of the product on the service container. The label of a pesticide product that is in a service container must be available to the person handling and/or applying the pesticide. Use of service containers shall not be permitted if the original label of the pesticide requires storage in the original container only or prohibits transfer to other containers. Cite as Ga. Comp. R. & Regs. R. 620-3-.02
Authority: O.C.G.A. § 43-45-8.
History. Original Rule entitled "Responsibilities" adopted. F. and eff. June 30, 1965.
Repealed: New Rule entitled "Responsibilities of Licensee, Certified Operator, or Registered Employee" adopted. F. Oct. 25, 1966; eff. Nov. 13, 1966.
Amended: F. Feb. 5, 1969; eff. Feb. 24, 1969.
Amended: F. Oct. 23, 1969; eff. Nov. 11, 1969.
Amended: F. Jan. 23, 1979; eff. Feb. 12, 1979.
Repealed: New Rule entitled "Responsibilities of the Licensee; Certified Operator; and Employee" adopted. F. Feb. 14, 1985; eff. Mar. 6, 1985.
Amended: F. June 14, 1991; eff. July 4, 1991.
Amended: F. Dec. 22, 1992; eff. July 1, 1993, as specified by the Agency.
Amended: F. Sept. 14, 1995; eff. Oct. 4, 1995.
Repealed: New Rule of same title adopted. F. June 4, 1997; eff. July 1, 1997, as specified by the Agency.
Amended: F. Oct. 3, 2000; eff. Nov. 1, 2000, as specified by the Agency.
Amended: F. Jan. 6, 2003; eff. Feb. 1, 2003, as specified by the Agency.
Amended: F. Aug. 26, 2005; eff. Sept. 16, 2005, as specified by the Agency.
Repealed: New Rule of same title adopted. F. Feb. 27, 2007; eff. Mar. 19, 2007.
Amended: F. Mar. 11, 2014; eff. Mar. 31, 2014.
Amended: F. Aug 11, 2017; eff. September 1, 2017, as specified by the Agency.
Amended: F. Mar. 19, 2026; eff. Apr. 8, 2026.