1. A. Certification. A person shall apply to the Department, using Departmental forms, for certification as a pest control applicator, pest control consultant, or public agency applicator in any of the following categories or subcategories of pest control:

   1. (1) Agricultural. This category consists of the following subcategories:

      1. (a) Plant. This subcategory authorizes a pest control applicator, public agency applicator, or pest control consultant to perform pest control:

         1. (i) In the production of agricultural crops including, but not limited to, small grains, soybeans, forage, tobacco, vegetables, small fruits, and tree fruits; and
         2. (ii) On grasslands and noncrop agricultural lands.

      2. (b) Animal.

         1. (i) This subcategory authorizes a pest control applicator, public agency applicator, or pest control consultant to perform pest control on livestock or poultry, including, but not limited to swine, sheep, horses, goats, chickens, and turkeys, where such animals are housed or otherwise confined.
         2. (ii) A veterinary practitioner is not required to be certified under this chapter unless that person is a pest control applicator or pest control consultant.
      3. (c) Grain Treatment. This subcategory authorizes a pest control applicator, public agency applicator, or pest control consultant to perform pest control on, in, or around stored grain to prevent insect and rodent damage, including the use of a fumigant for this purpose.
   2. (2) Forest. This category authorizes a pest control applicator, public agency applicator, or pest control consultant to perform pest control in forests, forest nurseries, reforestation projects, or forest-seed producing areas.

   3. (3) Ornamental or Turf. This category authorizes a pest control applicator, public agency applicator, or pest control consultant to perform pest control in the maintenance and production of ornamental trees, shrubs, flowers, and turf. Subcategories are:

      1. (a) Ornamental plants and shade trees — exterior;
      2. (b) Ornamental plants — interior; and
      3. (c) Turf and lawn pest control.
   4. (4) Seed Treatment. This category authorizes a pest control applicator, public agency applicator, or pest control consultant to perform pest control on seed.
   5. (5) Aquatic. This category authorizes a pest control applicator, public agency applicator, or pest control consultant to perform pest control in or on standing or running water, wetland areas, or within tidal areas. This category does not include applicators engaged in public health pest control listed below.

   6. (6) Right-of-Way and Weed. This category authorizes a pest control applicator, public agency applicator, or pest control consultant to perform pest control in the maintenance of:

      1. (a) Any public road, electric powerline, pipeline, railway right of way, or similar area; and
      2. (b) Noncropland, fence lines, structural perimeters, or similar area.

   7. (7) Industrial, Institutional, Structural, and Health Related Pest Control. This category authorizes a pest control applicator, public agency applicator, or pest control consultant to perform pest control in, on, or around any food handling establishment, dwelling, business, or institution, such as schools, hospitals, industrial establishments, boxcars, ships, and airplanes. Subcategories are:

      1. (a) General pest control — pest control of household pests within or adjacent to a structure of any kind. This subcategory does not include any subcategory indicated below.
      2. (b) Wood destroying insects — pest control involving termites and other wood destroying insects in or on a structure of any kind. This subcategory includes pretreating areas before completion of a structure.

      3. (c) Wildlife control — pest control involving birds, mammals, reptiles, and other wildlife not covered by the rodent control category. A person who holds a current Wildlife Damage Control Permit, as required by the Maryland Department of Natural Resources under COMAR 08.03.15, is not required to hold a license, permit, or certificate for wildlife pest control under the Maryland Pesticide Applicators Law, if that person does not:

         1. (i) Provide damage control services for European starlings, feral pigeons, and house sparrows; or
         2. (ii) Use pesticides, including repellants, in the course of that person's operations.
      4. (d) Rodent control — pest control involving rodents found in or around structures.
      5. (e) Fumigation — pest control involving the use of a fumigant to treat structures or commodities.
   8. (8) Public Health. This category authorizes a pest control applicator, public agency applicator, or pest control consultant to perform pest control in public health programs for the management and control of pests having medical and public health importance including, but not limited to, the management and control of mosquitoes.
   9. (9) Regulatory. This category authorizes a public agency applicator to perform pest control of regulated pests.
   10. (10) Demonstration and Research. This category authorizes a person to demonstrate pesticide and pest control application techniques or to supervise these demonstrations. Examples of individuals in this category are extension specialists, county agents, teachers, and commercial representatives demonstrating pesticide products, and those individuals demonstrating methods used in public programs. This category also includes a person who conducts research with pesticides and, in doing so, uses or supervises the use of pesticides.

   11. (11) Miscellaneous. This category authorizes a pest control applicator, pest control consultant, or public agency applicator to perform pest control in a category not included above. Subcategories are:

       1. (a) Wood treatment — pest control for the preservation of wood or wood products, including utility pole maintenance, and includes, but is not limited to, pressure treatments, dipping, soaking, diffusion, injection, and topical applications;
       2. (b) Tributyltin (TBT) antifoulant paint — pest control involving the use of marine antifoulant paints containing tributyltin;
       3. (c) Sewer root control — pest control involving the control of roots in sewer lines.
   12. (12) Consultant. This category authorizes a pest control consultant to perform pest identification, provide technical advice on pest control procedures, and make pesticide recommendations.
   13. (13) Aerial. This category authorizes a pest control applicator or public agency applicator to perform pest control by fixed-wing or rotary aircraft to any crop or land area.

2. B. Certification Requirements.

   1. (1) Pest Control Applicator, Pest Control Consultant, and Public Agency Applicator. Each applicant for a pest control applicator certificate, pest control consultant certificate, or public agency applicator certificate shall be 18 years old or older, demonstrate proof of practical and scientific knowledge of pest control and meet the following requirements:

      1. (a) Pay an annual fee of $75 plus $25 for each category in excess of one (public agency applicators are exempt from the fee);
      2. (b) Pass an examination given by the Department; and

      3. (c) Have one of the following:

         1. (i) One year of experience acceptable to the Department as a full-time registered employee engaged in those categories in which the applicant seeks to be certified (proof of experience may include affidavits from former employers, certification or licensure from other states or the federal government);
         2. (ii) A degree or academic certificate acceptable to the Department;
         3. (iii) A combination of education and experience acceptable to the Department.

   2. (2) Recertification. A certificate shall be renewed annually by:

      1. (a) Applying to the Department;
      2. (b) Demonstrating satisfactory knowledge of pesticide use by attending a training course approved by the Department, or by reexamination; and
      3. (c) Paying the annual certification fee.

3. C. Duration.

   1. (1) A pest control applicator certificate is valid beginning July 1, or whenever obtained, until June 30.
   2. (2) A pest control consultant certificate is valid beginning January 1, or whenever obtained, until December 31.
4. D. If an application for renewal of a Pest Control Applicator or Pest Control Consultant Certificate is received by the Department more than 30 days after the expiration date of the certificate, the applicant is subject to a $30 late fee.

Authority: Agriculture Article, §§2-103, 5-104, 5-105, 5-106, 5-204, 5-207, and 5-210.2, Annotated Code of Maryland; Ch.598, §11, Acts of 2018

Effective date: March 1, 1970

Chapter revised effective November 10, 1976 (3:23 Md. R. 1304)

Chapter revised effective December 2, 1985 (12:24 Md. R. 2354)

Regulation .01B amended effective January 14, 1988 (15:1 Md. R. 20)

Regulation .02B amended effective January 14, 1988 (15:1 Md. R. 20)

Regulation .02D amended effective July 1, 1987 (14:4 Md. R. 421)

Regulation .04A amended as an emergency provision effective December 2, 1985 (12:25 Md. R. 2469); emergency status expired February 2, 1986; adopted permanently effective March 24, 1985 (13:6 Md. R. 684)

Regulation .04A amended effective July 25, 1988 (15:15 Md. R. 1810)

Regulation .05E amended effective November 30, 1987 (14:24 Md. R. 2556)

Regulation .08 amended effective July 25, 1988 (15:15 Md. R. 1810)

Regulation .09 amended effective November 30, 1987 (14:24 Md. R. 2556)

Regulation .09B amended effective September 14, 1992 (19:18 Md. R. 1658)

Regulation .10A amended effective July 1, 1987 (14:4 Md. R. 421)

Regulations .10 and .11 recodified to Regulations .11 and .12 and new Regulation .10 adopted effective January 14, 1988 (15:1 Md. R. 20)

Regulations .10—.12 recodified to Regulations .13—.15 and new Regulations .10—.12 adopted effective July 25, 1988 (15:15 Md. R. 1810)

Regulation .14A amended effective July 25, 1988 (15:15 Md. R. 1811)

Regulation .16 adopted effective July 25, 1988 (15:15 Md. R. 1811)

Chapter revised effective October 25, 1993 (20:21 Md. R. 1657)

Regulation .01B amended effective July 8, 2013 (40:13 Md. R. 1076)

Regulation .02B amended effective February 14, 1994 (21:3 Md. R. 194); April 7, 2008 (35:7 Md. R. 751)

Regulation .02D adopted effective March 27, 2017 (44:6 Md. R. 328)

Regulation .02D amended as an emergency provision effective July 6, 2018 (45:15 Md. R. 723); amended permanently effective October 8, 2018 (45:20 Md. R. 919)

Regulation .02E repealed as an emergency provision effective July 6, 2018 (45:15 Md. R. 723); repealed permanently effective October 8, 2018 (45:20 Md. R. 919)

Regulation .02E adopted as an emergency provision effective March 27, 2020 (47:9 Md. R. 475); adopted permanently effective June 15, 2020 (Md. R. 597)

Regulation .03C, F amended effective April 10, 2006 (33:7 Md. R. 674)

Regulation .04A amended effective April 10, 2006 (33:7 Md. R. 674)

Regulation .04A amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)

Regulation .06E repealed effective August 18, 2003 (30:16 Md. R. 1076)

Regulation .07C amended effective April 10, 2006 (33:7 Md. R. 674)

Regulation .08A amended effective April 10, 2006 (33:7 Md. R. 674); November 16, 2009 (36:23 Md. R. 1818)

Regulation .08B amended effective August 18, 2003 (30:16 Md. R. 1076); April 10, 2006 (33:7 Md. R. 674)

Regulation .08D adopted as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)

Regulation .09D amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)

Regulation .10 amended effective April 10, 2006 (33:7 Md. R. 674)

Regulation .10B amended effective August 18, 2003 (30:16 Md. R. 1076)

Regulation .10E adopted as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)

Regulation .12D amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)

Regulation .14C, D, E adopted effective July 8, 2013 (40:13 Md. R. 1076)

Regulation .17A amended effective November 18, 2019 (46:23 Md. R. 1067)

Regulation .18A amended effective February 14, 1994 (21:3 Md. R. 194); April 10, 2006 (33:7 Md. R. 674)

Regulation .19B amended effective April 10, 2006 (33:7 Md. R. 674)

COMAR 15.05.01 cited in Attorney General Opinion No. 82-008 (February 17, 1982) which upheld the power of the Department of Agriculture to suspend or revoke a pest control operator's business license for failing to make a thorough structural inspection for wood-destroying pests.

COMAR 15.05.01 cited in Attorney General Opinions No. 85-025 (October 28, 1985) and No. 88-006 (February 4, 1988)