Before a private applicator may use a pesticide, the applicator must be certified by an appropriate certifying authority as having the competency to use pesticides in the production of agricultural commodities. The required competency includes the ability to read and understand pesticide labeling.

1. (1) Familiarity with:

   1. (a) The general format and terminology of pesticide labels and labeling;
   2. (b) Information commonly appearing on pesticide labels and labeling, including instructions, warnings, terms, and symbols;
   3. (c) Federal law regarding the use of a registered pesticide in a manner inconsistent with its label or labeling;
   4. (d) Knowing when a certified applicator must be physically present at the site of the application based on labeling requirements;
   5. (e) Use directions and restrictions on pesticide labels and labeling, including required certifications;
   6. (f) Product classifications as general or restricted use, or as unclassified;
   7. (g) Label notification requirements; and
   8. (h) The difference between mandatory and advisory labeling language;

2. (2) Familiarity with labels and labeling information that addresses the common name of the pesticide, the pests to be controlled, the timing and methods of application, safety precautions, preharvest restrictions, reentry restrictions, disposal procedures, and ways to avoid or minimize adverse health effects, including:

   1. (a) Understanding the risks of acute toxicity and chronic toxicity, as well as the long-term effects of pesticides on humans;
   2. (b) Understanding a pesticide's risk of toxicity through human exposure;
   3. (c) Recognizing ways in which dermal exposure, inhalation exposure, and oral exposure may occur;
   4. (d) Common types and causes of pesticide mishaps;
   5. (e) Precautions to prevent injury to applicators and others in or near treated areas;
   6. (f) The need for, and proper use of, protective clothing and personal protective equipment;
   7. (g) Recognizing the symptoms of pesticide poisoning;
   8. (h) The administration of first aid and procedures to be followed in case of a pesticide mishap; and
   9. (i) Proper identification, storage, transport, handling, mixing procedures, and disposal methods for pesticides and used pesticide containers;

3. (3) The potential environmental consequences of using or misusing pesticides, including:

   1. (a) The influence of weather and other climatic conditions;
   2. (b) Types of terrain, soil, or other substrate;
   3. (c) The presence of fish, wildlife, and other non-target organisms; and
   4. (d) Drainage patterns;

4. (4) The identification and effective control of pests, including:

   1. (a) The importance of correctly identifying target pests and selecting the proper pesticide products; and
   2. (b) Verifying that the labeling does not prohibit the use of the product to control the target pests;

5. (5) Characteristics of pesticides, including:

   1. (a) Type;
   2. (b) Types of formulations;
   3. (c) Compatibility, synergism, persistence, and animal and plant toxicity of the formulations;
   4. (d) Hazards and residues associated with pesticide use;
   5. (e) Factors that can influence the effectiveness of pesticides or can lead to pesticide resistance; and
   6. (f) Dilution procedures;

6. (6) Application equipment, including:

   1. (a) Types of equipment and advantages and limitations of each type; and
   2. (b) Uses, maintenance, and calibration procedures;

7. (7) Application methods, including:

   1. (a) Methods used for various forms and formulations of pesticides;
   2. (b) Methods used in various situations;
   3. (c) Additional certification requirements for use of a fumigant, for an aerial application, or for use of a predator control device containing sodium cyanide or sodium fluoroacetate;
   4. (d) How the improper selection of a method and use may result in an unnecessary or ineffective application; and
   5. (e) Drift prevention and pesticide loss into the environment; and
8. (8) State, tribal, and federal laws and regulations, including the Worker Protection Standard, as found in 40 C.F.R. Part 170.

Certification in this general private applicator certification category alone is not sufficient to authorize the purchase or use of pesticide products in the categories listed in §§ 12:56:12:01.02, 12:56:12:01.03, and 12:56:12:01.04.

Persons seeking certification as private applicators shall demonstrate practical knowledge of the principles and practices of pest control associated with the production of agricultural commodities and the effective use of pesticides. The demonstration of knowledge must include:

Source: 4 SDR 23, effective October 20, 1977; 12 SDR 128, 12 SDR 154, effective July 1, 1986 ; 47 SDR 59, effective December 2, 2020; 49 SDR 124, effective July 3, 2023 .

General Authority: SDCL 38-21-51 .

Law Implemented: SDCL 38-21-18 , 38-21-23 .

Prior versions effective: 2020-12-02, 1986-07-01.