Wyo. Code R. 010-0005-28
General Agency, Board or Commission Rules
Chapter 28: Pesticide Applicator Certification
Effective Date: 01/08/2025 to Current
Rule Type: Current Rules & Regulations
Reference Number: 010.0005.28.01082025
Pesticide Applicator Certification
Section 1. Authority. These regulations are promulgated pursuant to Wyoming Statutes 35-7-355 and 35-7-364, and are effective May 1, 2025.
Section 2. Definitions. Any applicable term defined in W.S. 35-7-354 has the same meaning throughout these regulations unless defined in this section. The singular includes the plural and the plural the singular when consistent with the intent of these rules and necessary to affect their purpose. The following terms have the meaning stated below:
(a) “Act” means the Wyoming Environmental Pesticide Control Act of 1973, W.S. 35-7-350 through W.S. 35-7-376.
(b) “Applicator” means any individual certified in one of the following license classifications:
(i) “Commercial applicator” as defined by W.S. 35-7-354(a)(ii). Commercial Applicator also means a certified applicator who uses, supervises the use, or recommends the use of any pesticide during any commercial application as defined by paragraph (d) of this section.
(ii) “Private applicator” as defined by W.S. 35-7-354(a)(iii).
(iii) “Apprentice commercial applicator” means any person who performs a commercial application of any pesticide under the direct supervision of a commercial applicator.
(iv) “Apprentice private applicator” means any person who uses any restricted use pesticide under the direct supervision of a private applicator.
(c) “Calibration” means measurement of dispersal or output of application equipment and adjustment of such equipment to establish a specific rate of dispersal and, if applicable, droplet or particle size of a pesticide, and/or equalized dispersal pattern.
(d) “Commercial application” means the application of any pesticide (excluding sanitizers and disinfectants) done for another for compensation through contract or hire including:
(i) Applications of any pesticide, in, on, or around the following:
(E) Institutions such as schools and hospitals; and
(F) Industrial establishments or sites, including warehouses and grain elevators, structures, and adjacent areas whether public or private.
(ii) Applications for the protection of stored, processed, or manufactured products.
(iii) Applications done by any local, state, or federal government employee on government owned property or rights-of-way.
(e) “Compatibility” means that property of a pesticide that permits its use with other chemicals without causing undesirable results.
(f) “Department” means the Wyoming Department of Agriculture.
(g) “Environment” means water, air, land, and all plants and man and other animals living therein, and the interrelationships which exist among these.
(h) “EPA” means the United States Environmental Protection Agency.
(i) “Immediate family” means familial relationships limited to the spouse, parents, stepparents, foster parents, father-in-law, mother-in-law, children, stepchildren, foster children, sons-in-law, daughters-in-law, grandparents, grandchildren, brothers, sisters, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and first cousins. “First cousin” means the child of a parent’s sibling, i.e., the child of an aunt or uncle.
(j) “Labeling” means all labels and all other written, printed, or graphic matter:
(i) Accompanying the pesticide or device at any time; or
(ii) To which reference is made on the label or in literature accompanying the pesticide or device, except to current official publications of the EPA, the United States Departments of Agriculture and Interior, the Department of Health and Human Services, state experiment stations, state agricultural colleges, and other similar federal or state institutions or agencies authorized by law to conduct research in the field of pesticides.
(k) “Nontarget organism” means any plant, animal, or other organism other than the target pests that a pesticide is intended to affect.
(l) “Ornamental” means trees, shrubs, flowers, and other plantings intended primarily for aesthetic purposes in and around habitations, buildings and surrounding grounds, including residences, parks, streets, and commercial, industrial, and institutional buildings.
(m) “Persistence” means that period of time a pesticide and its biologically active metabolites remain in the environment.
(n) 'Person' has the same meaning as W.S. 11-1-101(a)(v).
(o) 'Personal protective equipment' means devices and apparel that are worn to protect the body from contact with pesticides or pesticide residues, including, but not limited to, coveralls, chemical-resistant suits, chemical-resistant gloves, chemical-resistant footwear, respirators, chemical-resistant aprons, chemical-resistant headgear, and protective eyewear.
(p) 'Private application' means the application of any restricted use pesticide on property owned by the applicator or the applicator's employer or under the applicator's control for which the applicator does not receive compensation other than the trading of personal services.
(a) Prior to making a commercial application, a person must become certified in the appropriate category and obtain a commercial applicator license. In unique situations, the Board of Certification may grant an exemption from the licensing requirement or a category certification in writing if:
(i) The Department receives a written request for exemption that specifically identifies the license or category or both that the requester wants to be exempt from and the reasons supporting the request; and
(ii) The Board of Certification determines, in its sole discretion, that the requester is highly unlikely to cause a health hazard or nuisance if granted an exemption.
The Board of Certification will not grant an exemption to a person who will or plans to apply restricted use pesticides. An exemption expires on the date specified in the exemption, which shall be from one to three years from the date the Board of Certification grants it. If an exemption is granted, the Department shall retain the records for the exemption in accordance with its record retention schedule. The Department may revoke the exemption if the person violates these rules or federal or state pesticide laws or if the Board of Certification determines that continuing the exemption is likely to cause a health hazard or nuisance.
(b) An individual must be at least 18 years old to be considered for certification as a commercial applicator. All individuals seeking initial certification or recertification must present a valid government issued photo identification or another similarly reliable form of identification approved by the Department.
(c) Individuals seeking initial certification must submit an application for a license and the $25.00 fee payable to the Wyoming Department of Agriculture following successful completion of the required examination. All fees submitted are non-refundable.
(d) Individuals applying for examination or re-examination must take the examination at a location specified by the Department. Individuals seeking examination or re-examination may be tested at the Cheyenne office of the Department during regular office hours at any time convenient to both the individual and the Department. Individuals may also be tested at other locations convenient to the individual and the Department or the proctor designated by the Department.
(e) In order to be eligible for a commercial applicator license, an individual seeking examination or re-examination must obtain a minimum passing score of 70% on the core/general examination and a minimum passing score of 70% in at least one specific category or subcategory. If an individual fails to obtain the minimum passing score on the core/general examination and at least one category or subcategory within 90 days of the initial examination attempt, the individual must restart the examination process by retaking the core/general examination. Applicators with an active license can add categories and subcategories at any time and at no cost to the applicator by obtaining the minimum passing score of 70% on the examination for the pertinent category or subcategory. Adding categories or subcategories during the valid term of an active license does not change the expiration date of that license.
(f) Any individual who fails to obtain a passing score on two successive examination attempts must submit a proof of education form, prescribed by the Department, indicating completion of an education course of the individual's choice, prior to taking the examination a third time. Any individual who fails to obtain a passing score on the third examination attempt must attend an education course approved by the Department or wait 45 days before attempting to take the examination again. An individual may take the examination two more times (the fourth and fifth attempt). If the individual fails to obtain a passing score after the fifth attempt, the individual must attend an education course for new applicators provided by the University of Wyoming Pesticide Safety Education Program before being allowed to take the examination again or wait one year before being allowed to take the examination again. After satisfying one of these conditions, the individual may take the examination one time (the sixth attempt). If an individual fails to obtain a passing score on the sixth attempt, the individual must obtain approval from the Board of Certification for any subsequent attempts. The Board of Certification has complete discretion in granting this approval.
(g) The Department will issue a license, including any applicable categories or subcategories, to applicants who have passed the applicable examinations if all other requirements for certification have been satisfied. The license for commercial applicators expires on January 31 of the third year after the issuing year.
(h) Commercial applicators can become recertified by one of the following methods:
(i) Accumulate 24 hours of Department approved continuing education courses during the term of the applicator's certification.
(A) The Department will verify that the quantity, content, and quality of a continuing education course to maintain applicator certification will be sufficient to ensure the applicator continues to demonstrate the level of competency required in Section 5.
(ii) Retake the examination and obtain a 70% or better score in all applicable categories.
(iii) When the applicator cannot use one of these methods due to extenuating circumstances, the Department may consider granting recertification to the applicator by other means, including by completion of a Department approved annual recertification course, such as the recertification course offered by the University of Wyoming.
(i) To become recertified for Category 911F (piscicide category), the applicator must retake the examination for that category and obtain a 70% or better score.
(j) Applicants meeting recertification requirements must submit an application for licensing and the $25.00 fee payable to the Wyoming Department of Agriculture. All fees submitted are non-refundable. If an applicant fails to meet the recertification requirements in these regulations prior to the expiration date of the applicant’s license, the applicant must meet all requirements for initial certification.
(k) It is the responsibility of the applicator to maintain records of completed recertification education courses and provide the Department with these records upon seeking renewal of the applicator’s license. The Department will compare the records submitted with the rosters of attendees from the education course sponsor to verify completion of the education course.
(l) It is the responsibility of the applicator to secure recertification education prior to the expiration date of the applicator’s license. If the applicator fails to do so, the applicator must meet all of the requirements of initial certification.
(a) Determination of Competence. Competence in the use and handling of pesticides will be determined by examination. Examinations will include the general standards in Appendix A along with the additional standards specifically identified for each category or subcategory in Section 5 that the applicant applies for.
(b) Refer to Appendix A for a listing of general standards of competence for commercial pesticide applicators.
(a) Category - 901 Agricultural Pest Control
(i) A - Weed Control.
(A) Definition: This subcategory includes commercial applicators using or supervising the use of any pesticide for weed control in production of agriculture commodities as well as on grasslands and non-crop agricultural lands.
(B) Standards of Competence: Applicators must demonstrate practical knowledge of crops, grasslands, and non-crop agricultural lands and the specific pests of those areas on which they may be using restricted use pesticides. The importance of such competency is amplified by the extensive areas involved, the quantities of pesticides needed, and the ultimate use of many commodities as food and feed. The required knowledge includes pre-harvest intervals, restricted entry intervals, phytotoxicity, potential for environmental contamination such as soil and water problems, non-target injury, and other problems resulting from the use of restricted use pesticides in agricultural areas. The required knowledge also includes the potential for phytotoxicity due to a wide variety of plants to be protected, for drift, for persistence beyond the intended period of pest control, and for non-target exposures.
(ii) B - Insect Control.
(A) Definition: This subcategory includes commercial applicators using or supervising the use of any pesticide for insect control in production of agricultural commodities as well as on grasslands and non-crop agricultural lands.
(B) Standards of Competence: Applicators must demonstrate practical knowledge of crops, grasslands, and non-crop agricultural lands and the specific pests of those areas on which they may be using restricted use pesticides. The importance of such competency is amplified by the extensive areas involved, the quantities of pesticides needed, and the ultimate use of many commodities as food and feed. The required knowledge includes pre-harvest intervals, restricted entry intervals, phytotoxicity, potential for environmental contamination such as soil and water problems, non-target injury, such as injury to pollinators, and other problems resulting from the use of restricted use pesticides in agricultural areas. The required knowledge also includes the potential for phytotoxicity due to a wide variety of plants to be protected for drift, for persistence beyond the intended period of pest control, and for non-target exposures.
(iii) C - Disease Control.
(A) Definition: This subcategory includes commercial applicators using or supervising the use of any pesticide for disease control in production of agricultural commodities as well as on grasslands and non-crop agricultural lands.
(B) Standards of Competence: Applicators must demonstrate practical knowledge of crops, grasslands, and non-crop agricultural lands and the specific pests of those areas on which they may be using restricted use pesticides. The importance of such competency is amplified by the extensive areas involved, the quantities of pesticides needed, and the ultimate use of many commodities as food and feed. The required knowledge includes pre-harvest intervals, restricted entry intervals, phytotoxicity, potential for environmental contamination such as soil and water problems, non-target injury, and other problems resulting from the use of restricted use pesticides in agricultural areas. The required knowledge also includes the potential for phytotoxicity due to a wide variety of plants to be protected for drift, for persistence beyond the intended period of pest control, and for non-target exposures.
(A) Definition: This subcategory includes commercial applicators using or supervising the use of any pesticide on animals and to places on or in which animals are confined. Doctors of veterinary medicine engaged in the business of applying pesticides for hire, publicly holding themselves out as pesticide applicators, or engaged in large scale use of pesticides are included in this subcategory.
(B) Standards of Competence: Applicators must demonstrate practical knowledge of such animals and their associated pests. The required knowledge includes specific pesticide toxicity and residue potential, and the hazards associated with factors such as formulation, application techniques, age of animals, stress, and extent of treatment.
(A) Definition: This subcategory includes commercial applicators using or supervising the use of any pesticides to control rodents in production of agricultural commodities as well as on grasslands and non-crop agricultural lands.
(B) Standards of Competence: Applicators must demonstrate practical knowledge of detrimental rodents that are found in agricultural situations; the potential impact on the environment of pesticides used in rodent control programs; and knowledge of the factors influencing introduction, spread, and population dynamics of relevant pests. Applicators must demonstrate knowledge of target species and their damage patterns.
(A) Definition: This subcategory includes commercial applicators using or supervising the use of any pesticide through an irrigation system. Certification in this subcategory requires concurrent certification in the applicable subcategories outlined in subsection (a)(i)-(v) of this section.
(B) Standards of Competence: Applicators must demonstrate practical knowledge of equipment associated with chemigation, including calibration techniques and use of anti-backflow/check valves to prevent contamination of water supplies. They must demonstrate knowledge of the labeling requirements of products registered for chemigation, including posting requirements. Further, they must demonstrate knowledge of appropriate use of personal protective equipment associated with this type of application.
(b) Category - 902 Forest Pest Control.
(i) Definition: This category includes commercial applicators using or supervising the use of any pesticide in forests, forest nurseries, or forest seed producing areas.
(ii) Standards of Competence: Applicators must demonstrate practical knowledge of types of forests, forest nurseries, and seed production within the jurisdiction of the certifying authority and the pests involved. The required knowledge includes the cyclic occurrence of certain pests and specific population dynamics as a basis for programming pesticide applications, the relevant organisms causing harm and their vulnerability to the pesticides to be applied, how to determine when pesticide use is proper, selection of application method and proper use of application equipment to minimize non-target exposures, and appropriate responses to meteorological factors and adjacent land use. The required knowledge also includes the potential for phytotoxicity due to a wide variety of plants to be protected for drift, for persistence beyond the intended period of pest control, and for non-target exposures.
(c) Category - 903 Ornamental and Turf Pest Control.
(i) A – Weed Control.
(A) Definition: This subcategory applies to commercial applicators using or supervising the use of any pesticides to control weeds in the maintenance and production of ornamental plantings, including turf.
(B) Standards of Competence: Applicators must demonstrate practical knowledge of pesticide problems associated with the production and maintenance of ornamental plants and turf. The required knowledge includes the potential for phytotoxicity due to a wide variety of plants to be protected for drift, for persistence beyond the intended period of pest control, and for non-target exposures. Because of the frequent proximity of human habitations to application activities, applicators in this subcategory must demonstrate practical knowledge of application methods that will minimize or prevent hazards to humans, pets, and other domestic animals.
(ii) B - Insect Control.
(A) Definition: This subcategory applies to commercial applicators using or supervising the use of any pesticides to control insects in the maintenance and production of ornamental planting, including turf.
(B) Standards of Competence: Applicators must demonstrate practical knowledge of pesticide problems associated with the production and maintenance of ornamental plants and turf. The required knowledge includes the potential for phytotoxicity due to a wide variety of plants to be protected for drift, for persistence beyond the intended period of pest control, and for non-target exposures, such as exposure to pollinators. Because of the frequent proximity of human habitations to application activities, applicators in this subcategory must demonstrate practical knowledge of application methods that will minimize or prevent hazards to humans, pets, and other domestic animals.
(iii) C - Disease Control.
(A) Definition: This subcategory applies to commercial applicators using or supervising the use of any pesticides to control plant disease in the maintenance and production of ornamental plantings, including turf.
(B) Standards of Competence: Applicators must demonstrate practical knowledge of pesticide problems associated with the production and maintenance of ornamental plants and turf. The required knowledge includes the potential for phytotoxicity due to a wide variety of plants to be protected for drift, for persistence beyond the intended period of pest control, and for non-target exposures. Because of the frequent proximity of human habitations to application activities, applicators in this subcategory must demonstrate practical knowledge of application methods that will minimize or prevent hazards to humans, pets, and other domestic animals.
(iv) E - Rodent Control.
(A) Definition: This subcategory applies to commercial applicators using or supervising the use of any pesticide to control rodents in the maintenance and production of ornamental plantings, including turf.
(B) Standards of Competence: Applicators must demonstrate practical knowledge of detrimental rodents that are found in ornamental planting and turf; the potential impact on the environment of pesticides used in rodent control programs; and knowledge of the factors influencing introduction, spread, and population dynamics of relevant pests. Applicators must demonstrate knowledge of target species and their damage patterns.
(d) Category - 904 Seed Treatments.
(i) Definition: This category applies to commercial applicators using or supervising the use of any restricted use pesticide on seed.
(ii) Standards of Competence: Applicators must demonstrate practical knowledge including recognizing types of seeds to be treated, the effects of carriers and surface active agents on pesticide binding and germination, the hazards associated with handling, sorting and mixing, and misuse of treated seed, the importance of proper application techniques to avoid harm to non-target organisms, and the proper disposal of unused treated seeds.
(e) Category - 905 Aquatic Pest Control.
(i) Definition: This category applies to commercial applicators using or supervising the use of any pesticide purposefully applied to water.
(ii) Standards of Competence: Applicators must demonstrate practical knowledge of the characteristics of various aquatic use situations, the potential for adverse effects on non-target plants, fish, birds, beneficial insects and other organisms in the immediate aquatic environment and downstream, and the principles of limited area application.
(f) Category - 906 Right-of-Way Pest Control.
(i) Definition: This category applies to commercial applicators using or supervising the use of any pesticide in the maintenance of public roads, electric power lines, pipelines, railway rights-of-way, or other similar areas.
(ii) Standards of Competence: Applicators must demonstrate practical knowledge of the types of environments (terrestrial and aquatic) traversed by rights-of-way, recognition of target pests, and techniques to minimize non-target exposure, runoff, drift, and excessive foliage destruction. The required knowledge also includes the potential for phytotoxicity due to a wide variety of plants and pests to be controlled, and for persistence beyond the intended period of pest control.
(g) Category - 907 Industrial, Institutional, and Structural Pest Control.
(i) Category - 907G Industrial, Institutional, and Structural Pest Control (General).
(A) Definition: This category applies to commercial applicators using or supervising the use of any pesticide in, on, or around food handling establishments; food processing facilities; packing houses; human dwellings; institutions such as schools and hospitals; prisons; manufacturing facilities; industrial establishments or sites, including warehouses and grain elevators; and any other structures or adjacent areas whether public or private. This category also includes commercial applicators using or supervising the use of any pesticide for the protection of stored, processed, or manufactured products.
(B) Standards of Competence: Applicators must demonstrate practical knowledge of industrial, institutional, and structural pests, including recognizing those pests and signs of their presence, their habitats, their life cycles, biology, and behavior as it may be relevant to problem identification and control. Applicators must demonstrate practical knowledge of types of formulations appropriate for control of industrial, institutional, and structural pests, and methods of application that avoid contamination of food, minimize damage to and contamination of areas treated, minimize acute and chronic exposure of people and pets, and minimize environmental impacts of outdoor applications.
(ii) Category - 907H - Bird Control.
(A) Definition: This subcategory applies to commercial applicators using or supervising the use of any pesticides to control pest birds.
(B) Standards of Competence: Applicators must demonstrate practical knowledge of protected and unprotected pest birds and conditions conducive to bird problems. They must demonstrate knowledge of all applicable laws and regulations protecting birds and the actions required to control protected pest species. Applicators must demonstrate knowledge of bird control methods and the hazards involved with pesticide usage, especially secondary poisoning of non-target organisms.
(A) Definition: This category applies to applicators using biocides to disinfect HVAC systems, including cooling towers and evaporative condensers.
(B) Standards of Competence: Applicators must demonstrate practical knowledge in choice of pesticide, correct calculation of the pesticide to be used for the volume of water to be treated, potential off target impact of residual pesticide, determining the pH of the water and its effect on the application, and effluent quality monitoring. Applicators must also demonstrate practical knowledge of how to ensure that discharge does not violate water quality standards.
(iv) Category – 907J - Wood Destroying Pests and Decay Organisms.
(A) Definition: This subcategory applies to commercial applicators using or supervising the use of pesticides (insecticides, termiticides, fungicides, etc.) in or around structures to control or prevent wood destroying pests, including wood boring beetles, carpenter ants, and wood decay fungi.
(B) Standards of Competence: Applicators must demonstrate practical knowledge of a wide variety of pests, including their life cycles; types of formulations appropriate for their control; methods of application that avoid damage, contamination of food, contamination of habitation, and exposure of people and pets. Since human exposure is a potential problem, applicators must demonstrate practical knowledge of the specific factors that may lead to a hazardous condition, including continuous exposure in the various situations encountered in this subcategory. Because health related pest control may involve outdoor applications, applicators must also demonstrate practical knowledge of environmental conditions particularly related to this type of application. Applicators must demonstrate the ability to read and understand label formulations for products used in these settings to insure efficacy. These products include microbials and sanitizers.
(h) Category – 908 Health Related Pest Control.
(i) Category – 908G Health Related Pest Control (General).
(A) Definition: This category applies to applicators using or supervising the use of any pesticides in public health programs for the management and control of pests for medical reasons to protect public health.
(B) Standards of Competence: Applicators must demonstrate practical knowledge of vector disease transmission as it relates to and influences application programs. These applicators must demonstrate practical knowledge of a variety of environments ranging from streams to buildings. They must also demonstrate practical knowledge of the importance and employment of non-chemical control methods such as sanitation, waste disposal, and drainage. This category does not include control of vertebrate pests that are disease vectors.
(A) Definition: This subcategory applies to commercial applicators using or supervising the use of any pesticide to control mosquitoes.
(B) Standards of Competence: Applicators must demonstrate practical knowledge of appropriate life cycles and habitats of mosquito populations that form the basis of a control strategy. Applicators must demonstrate practical knowledge of a great variety of environments ranging from exterior water sources to those conditions found in or on structures that promote mosquito populations and also have knowledge of non-chemical control methods such as sanitation, waste disposal, and drainage.
(i) Definition: This category applies to commercial applicators making soil and non-soil fumigation applications.
(A) Standards of Competence: Refer to Appendix D for a listing of standards of competence for this category.
(A) Commercial applicators who demonstrate to the public the proper use and techniques for applying pesticides or supervise such demonstrations. This group includes persons such as university employees and commercial representatives demonstrating pesticide products or making crop or pest control recommendations, and individuals who demonstrate methods of use in programs for the public.
(B) Commercial applicators who conduct field research with pesticides and use or supervise the use of pesticides. This group includes state, federal, commercial, and other persons who conduct research on and use any pesticide.
(A) Applicators demonstrating safe and effective use of pesticides to other applicators and the public will be expected to meet comprehensive standards reflecting a broad spectrum of pesticide uses. Many different pest problem situations will be encountered in the course of activities associated with demonstrations, and practical knowledge of problems, pests, and population levels occurring in each demonstration situation is required. Further, they should demonstrate an understanding of the interactions between pesticides and their targets and the importance of integrating pesticide use with other control methods. In addition, they must meet the specific standards required for categories 901-909 of this section as may be applicable to their particular activity along with the general standards under Appendix A.
(B) Persons conducting field research or method improvement work with pesticides should know the general standards under Appendix A. In addition, they must meet the specific standards required for categories 901 through 909 of this section that are applicable to their particular activity or activities.
(k) Category - 911 Specific Use Pest Control.
(l) Category - 912 Aerial Application.
(i) Definition: This category applies to persons making commercial applications from fixed or rotary wing aircraft manned by a pilot and from unmanned aerial systems. To make aerial commercial applications, a person must obtain certification in one or more of the other categories listed in this section appropriate to the type of application to be performed.
(ii) Standards of Competence: Refer to Appendix E for a listing of standards of competence for this category.
(m) Category – 913 Regulatory Pest Control.
(i) Definition: This category applies to state, federal, or other local governmental employees and contractors who use or supervise the use of restricted use pesticides in government-sponsored programs for the control of regulated pests. Certification in this category does not authorize the purchase, use, or supervision of use of sodium cyanide.
(ii) Standards of Competence: Applicators must demonstrate practical knowledge of regulated pests, applicable laws relating to quarantine and other regulation of regulated pests, and the potential impact on the environment of restricted use pesticides used in suppression and eradication programs. They must also demonstrate knowledge of factors influencing introduction, spread, and population dynamics of regulated pests.
(n) Category - 914 - Sodium Cyanide Predator Control (M-44).
(i) Definition: This subcategory applies to commercial applicators who use the M-44 device.
(ii) Standards of Competence: Applicators must demonstrate practical knowledge of mammalian predator pests that is relevant to pest identification and control, including recognizing those pests and signs of their presence as well as their habitats, life cycles, biology, and behavior. Applicators must demonstrate comprehension of all laws and regulations applicable to the use of mechanical ejection devices for sodium cyanide, including the restrictions on the use of sodium cyanide products ordered by the EPA Administrator. Applicators must also demonstrate practical knowledge and understanding of all of the specific use restrictions for sodium cyanide devices, including safe handling; proper placement of the capsules and device; proper use of the antidote kit; PPE requirements; notification to medical personnel before use of the device; conditions of and restrictions on when and where devices can be used; requirements to consult U.S. Fish and Wildlife Service maps before use to avoid affecting endangered species; maximum density of devices; provisions for supervising and monitoring applicators; required information exchange in locations where more than one agency is authorized to place devices; and specific requirements for recordkeeping, monitoring, field posting, proper storage, and disposal of damaged or used sodium cyanide capsules.
(i) Definition: This subcategory applies to commercial applicators who use piscicides to control undesirable fish populations.
(ii) Standards of Competence: Applicators must demonstrate extensive knowledge of the species of fish to be controlled; potential of target impact to desirable species; environmental factors affecting application such as temperature, streamflow, tributary locations, and streambed geology; calibration of application equipment; monitoring during application; neutralization of piscicide upon completion of application; collection of fish carcasses; safe handling of piscicides; and correct personal protective equipment for those involved in application.
(i) Definition: This subcategory applies to commercial applicators who use or supervise the use of any pesticide at treating plants or sawmills for preservative treatment of wood by pressure, dipping, soaking, or diffusion processes to produce a commodity for sale, installation, or both. This subcategory also includes the handling and topical application and injection of wood preservatives for operations such as pole treatment, waterproofing, millwork cutoffs, or supplemental field treatment.
(ii) Standards of Competence: Applicators must demonstrate practical knowledge of conditions that preservative treatment of wood prevents. Applicators must demonstrate a knowledge of all laws specific to the use of wood preservatives; the associated health and environmental hazards; and the need to inform users of treated wood products of handling, use, and disposal precautions. They must demonstrate a knowledge of applicable treating and testing equipment, structural weed destroying organisms, and conditions conducive to infestation, and must demonstrate their ability to select and calibrate equipment and use appropriate control procedures.
(i) Definition: This subcategory applies to commercial applicators who use or supervise the use of any pesticide for sewer line root control. This subcategory covers applications of pesticides to control or prevent growth of roots in sewer lines or pipes.
(ii) Standards of Competence: Applicators must demonstrate practical knowledge of technical aspects of sewer line root control with emphasis on the safe use and application of chemical products. Applicators must also demonstrate practical knowledge of the pesticide label and comprehension (except buffer zones), non-soil fumigant chemical characteristics, safe handling of sewer root control chemicals; root growth and biology; types of equipment and safety when handling; correct pesticide use; correct use of personal protective equipment; toxicity to humans and off target organisms; cleaning, disposal, and containment techniques; environmental and other effects of root control pesticide use; and the laws and regulations governing pesticide use.
(r) The standards in this section do not apply to: (i) Persons conducting research involving pesticides in a laboratory; and (ii) Doctors of Medicine or Veterinary Medicine acting in the course of their normal practice.
(a) Apprentice commercial applicators must make applications in accordance with W.S. 35-7-376.
(b) When required by a pesticide's product label, a commercial applicator must be physically present on-site at all times during an application made by an apprentice commercial applicator.
(c) To be an apprentice commercial applicator, a person must: (i) Complete a Department approved education course within the last 12 months; (ii) Complete agricultural handler training under the Worker Protection Standard (40 CFR part 170) within the last 12 months; or (iii) Hold a valid applicator license in an unrelated category.
(d) The Department will only approve education courses that incorporate the requirements outlined in Appendix B of these regulations.
(e) Apprentice commercial applicator education can only be provided by one of the following: (i) A commercial applicator; (ii) A Department designated trainer of applicators or handlers; or (iii) A person who has completed the EPA approved train-the-trainer course under the Worker Protection Standard.
(f) Supervising commercial applicators must create or verify the existence of records documenting that each apprentice commercial applicator has the qualifications required in subsection (c) of this section. For each apprentice commercial applicator, the records must contain the information appropriate to the method of qualification as provided in this subsection.
(i) If the apprentice commercial applicator was educated in accordance with paragraph (c)(i) of this section, the record must contain all of the following information:
(A) The apprentice commercial applicator's printed name and signature. (B) The date the education requirement in paragraph (c)(i) of this section was met. (C) The name of the person who provided the education. (D) The title or a description of the education provided.
(ii) If the apprentice commercial applicator was trained as an agricultural handler in accordance with paragraph (c)(ii) of this section, the record must contain all of the following information:
(A) The trained handler's printed name and signature. (B) The date of the training. (C) Information identifying which EPA-approved training materials were used. (D) The trainer's name and documentation showing that the trainer met the requirements of 40 CFR 170.501(c)(4) at the time of training. (E) The handler employer's name.
(iii) If the apprentice commercial applicator is a certified applicator who is not licensed to perform the type of application being conducted or not licensed in the jurisdiction where the use will take place, as described in paragraph (c)(iii) of this section, the record must include all of the following information:
(A) The apprentice commercial applicator's name. (B) The apprentice commercial applicator's license number. (C) The expiration date of the apprentice commercial applicator's license.
(D) The certifying authority that issued the license.
(g) The supervising commercial applicator must create or verify the existence of the pertinent record described in this section before allowing the apprentice commercial applicator to use pesticides under his or her direct supervision.
(h) The supervising commercial applicator supervising any apprentice commercial applicator must have access to the records described in this section at the commercial applicator’s principal place of business for two years from the date the apprentice commercial applicator used a pesticide.
(i) For the duration of the application, the supervising commercial applicator must provide the apprentice commercial applicators with, and ensure continued access to copies of the pesticide product label and Safety Data Sheet for each pesticide to be used in an application, which the apprentice commercial applicator must be able to read and understand.
(j) The supervising commercial applicator must ensure that the apprentice commercial applicator has clean, labeling-required personal protective equipment in proper operating condition and that the personal protective equipment is worn and used correctly for its intended purpose.
(k) The supervising commercial applicator must ensure that before each day of use, the equipment used for mixing, loading, transferring, or applying pesticides is in proper operating condition as intended by the manufacturer, and can be used without risk of reasonably foreseeable adverse effects to the apprentice commercial applicator, other persons, or the environment.
(l) The supervising commercial applicator must ensure that the apprentice commercial applicator has been instructed within the last 12 months in the safe operation of any equipment that the apprentice commercial applicator will use for mixing, loading, transferring, or applying pesticides.
(m) The supervising commercial applicator must provide to each apprentice commercial 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 water, groundwater, endangered species, local population, and risks) and the conditions of application (e.g., equipment, method of application, formulation, and risks) might increase or decrease the risk of adverse effects. The supervising commercial applicator must provide these instructions in a manner the apprentice commercial applicator can understand.
(n) The supervising commercial applicator must hold the correct category of license to oversee an apprentice commercial applicator for the specific application being made.
(o) The apprentice commercial applicator must be at least 18 years old, except that an apprentice commercial applicator must be at least 16 years old if all of the following requirements are met:
(i) The apprentice commercial applicator is using the pesticide under the direct supervision of a commercial applicator.
(ii) The pesticide is not a restricted use pesticide.
(iii) The pesticide is not used in a manner that requires compliance with the Worker Protection Standard (40 CFR part 170).
(iv) The apprentice commercial applicator is not applying the pesticide aerially.
(p) Persons who wish to become an apprentice commercial applicator must submit the Department’s application form for apprentice commercial applicator status to the Department prior to any commercial application of a pesticide. The applicant must provide any information that the Department deems necessary to process the application along with proof of education completed and the identification of the supervising commercial applicator.
(q) This section does not apply to:
(i) Persons conducting research involving pesticides in a laboratory; and
(ii) Doctors of Medicine or Veterinary Medicine acting in the course of their normal practice.
(a) Any person making a private application of any restricted use pesticide must become certified in the appropriate category and obtain a private applicator license.
(b) All individuals seeking certification by examination must present a valid government issued photo identification. Individuals must be at least 18 years old to be considered for certification as a private applicator. However, the Department may grant private applicator certification to an individual who is at least 16 years old if all of the following requirements are met:
(i) The individual will use the restricted use pesticide under the direct supervision of a private applicator who is an immediate family member.
(ii) The individual will not apply a fumigant or sodium cyanide.
(iii) The individual will not apply the restricted use pesticide aerially.
(c) Each individual must pass an examination at a time and place specified by and under the direction of the Department. Individuals must obtain a minimum passing score of 70% percent on each section or category of the examination that they wish to be certified in.
(d) An applicant for a private license must complete and submit the Department’s application form and present a valid government issued photo identification to the Department.
(e) The Department will issue a license, including any applicable categories or subcategories, to applicants who have passed the examination if all other requirements for certification have been fully completed. The license will be valid for the categories stated on the applicator’s license. The license for a private applicator expires on April 30 of the fifth year after the issuing year. This license is a non-fee license.
(f) Any individual who fails to obtain a passing score on two successive examination attempts must submit a proof of education form, prescribed by the Department, indicating completion of an education course of the individual’s choice, prior to taking the examination a third time. Any individual who fails to obtain a passing score on the third examination attempt must attend an education course approved by the Department or wait 45 days before attempting to take the examination again. An individual may take the examination two more times (the fourth and fifth attempt). If the individual fails to obtain a passing score after the fifth attempt, the individual must attend an education course for new applicators provided by the University of Wyoming Pesticide Safety Education Program before being allowed to take the examination again or wait one year before being allowed to take the examination again. After satisfying one of these conditions, the individual may take the examination one time (the sixth attempt). If an individual fails to obtain a passing score on the sixth attempt, the individual must obtain approval from the Board of Certification for any subsequent attempts. The Board of Certification has complete discretion in granting this approval.
(a) Determination of Competence. Competence in the use and handling of pesticides will be determined by examination. Any examination must include the general standards applicable to all categories. An applicant must demonstrate competence by examination in any special standards in Section 9.
(b) Please refer to Appendix C for the list of general standards of competence for private pesticide applicators.
(a) Category - 1001 General Certification.
(i) Definition: This category applies to private applicators using or supervising the use of restricted use pesticides in the production of agricultural commodities as well as grasslands and non-crop agricultural lands. This category also includes private applicators using or supervising the use of restricted use pesticides on animals and in places in which animals are confined.
(ii) Standards of Competence: Standards of competence are outlined in Appendix C.
(b) Category - 1003 Sodium Cyanide Predator Control (M-44).
(i) Definition: This category applies to private applicators using the M-44 device.
(ii) Standards of Competence: Applicators must demonstrate practical knowledge of mammalian predator pests that is relevant to pest identification and control, including recognizing those pests and signs of their presence as well as their habitats, life cycles, biology, and behavior. Applicators must demonstrate comprehension of all laws applicable to the use of mechanical ejection devices for sodium cyanide, including the restrictions on the use of sodium cyanide products ordered by the EPA Administrator. Applicators must also demonstrate practical knowledge and understanding of all of the specific use restrictions for sodium cyanide devices, including safe handling; proper placement of the capsules and device; proper use of the antidote kit; PPE requirements; notification to medical personnel before use of the device; conditions of and restrictions on when and where devices can be used; requirements to consult U.S. Fish and Wildlife Service maps before use to avoid affecting endangered species; maximum density of devices; provisions for supervising and monitoring applicators; required information exchange in locations where more than one agency is authorized to place devices; and specific requirements for recordkeeping, monitoring, field posting, proper storage, and disposal of damaged or used sodium cyanide capsules.
(c) Category - 1005 Chemigation.
(i) Definition: This category applies to private applicators using or supervising the application of restricted use pesticides through an irrigation system.
(ii) Standards of Competence: Applicators must demonstrate practical knowledge of equipment associated with chemigation, including calibration techniques and use of an anti-backflow/check valve to prevent contamination of water supplies. They must demonstrate knowledge of labeling requirements for products registered for chemigation, including posting requirements. Further, they must demonstrate knowledge of the appropriate use of personal protective equipment used for this type of application.
(d) Category - 1006 Aerial.
(i) Definition: This category applies to private applicators performing aerial applications of restricted use pesticides using a fixed wing or rotary winged aircraft or unmanned aircraft systems.
(ii) Standards of Competence: Refer to Appendix E for a listing of standards of competence for this category.
(e) Category - 1007 Fumigation.
(i) Definition: This category includes private applicators making soil and non-soil fumigation applications.
(ii) Standards of Competence: Refer to Appendix D for a listing of standards of competence for this category.
(f) The standards in this section do not apply to:
(i) Persons conducting research involving pesticides in a laboratory; and
(ii) Doctors of Medicine or Veterinary Medicine acting in the course of their normal practice.
(a) Apprentice private applicators must make applications in accordance with W.S. 35-7-376.
(b) When required by a pesticide's product label, a private or commercial applicator must be physically present on-site at all times during an application made by an apprentice private applicator.
(c) To be an apprentice private applicator, a person must:
(i) Complete a Department approved education course within the last 12 months;
(ii) Complete agricultural handler training under the Worker Protection Standard (40 CFR part 170) within the last 12 months; or
(iii) Hold a valid applicator license in an unrelated category.
(d) The Department will only approve education courses that incorporate the requirements outlined in Appendix B of these regulations.
(e) Apprentice private applicator education can only be provided by one of the following:
(i) A private or commercial applicator;
(ii) A Department designated trainer of applicators or handlers; or (iii) A person who has completed the EPA approved train-the-trainer course under the Worker Protection Standard (40 CFR part 170).
(f) For the duration of the application, the supervising private or commercial applicator must provide the apprentice private applicators with, and ensure continued access to during, copies of the pesticide product label and Safety Data Sheet for each pesticide to be used in an application, which the apprentice private applicator must be able to read and understand.
(g) The supervising private or commercial applicator must ensure that the apprentice private applicator has clean, labeling-required personal protective equipment in proper operating condition and that the personal protective equipment is worn and used correctly for its intended purpose.
(h) The supervising private or commercial applicator must ensure that before each day of use, the equipment used for mixing, loading, transferring, or applying pesticides is in proper operating condition as intended by the manufacturer, and can be used without risk of reasonably foreseeable adverse effects to the apprentice private applicator, other persons, or the environment.
(i) The supervising private or commercial applicator must ensure that the apprentice private applicator has been instructed within the last 12 months in the safe operation of any equipment that the apprentice private applicator will use for mixing, loading, transferring, or applying pesticides.
(j) The supervising private or commercial applicator must provide to each apprentice private 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 water, groundwater, endangered species, local population, and risks) and the conditions of application (e.g., equipment, method of application, formulation, and risks) might increase or decrease the risk of adverse effects. The supervising private or commercial applicator must provide these instructions in a manner the apprentice private applicator can understand.
(k) The supervising private or commercial applicator must hold the correct category of license to oversee an apprentice private applicator for the specific application being made.
(l) The apprentice private applicator must be at least 18 years old, except that an apprentice private applicator must be at least 16 years old if all of the following requirements are met:
(i) The apprentice private applicator is using the pesticide under the direct supervision of a private or commercial applicator who is an immediate family member.
(ii) The pesticide is not a fumigant, sodium cyanide, or sodium fluoroacetate.
(iii) The apprentice private applicator is not applying the pesticide aerially.
(m) Persons who wish to become an apprentice private applicator must submit the Department's application form for apprentice private applicator status to the Department prior to any private application of a pesticide. The applicant must provide any information that the Department deems necessary to process the application along with proof of education completed and the identification of the supervising private or commercial applicator.
(n) This section does not apply to:
(i) Persons conducting research involving pesticides in a laboratory; and
(ii) Doctors of Medicine or Veterinary Medicine acting in the course of their normal practice.
(a) Any person who sells a restricted use pesticide must apply for a license for each location that the person operates.
(b) Persons requiring a pesticide dealer license must submit a license application and a $25.00 fee for each dealer establishment, payable to the Wyoming Department of Agriculture.
(c) Once the Department receives a complete and accurate license application and the appropriate fees, the Department will issue a pesticide dealer license to the applicant for each establishment.
(d) Licensees must renew their licenses annually on or before April 1 by completing and submitting the Department provided form and submitting the $25.00 renewal fee.
(a) Commercial applicators and private applicators must notify the Department of any change of business address within 30 days.
(b) Prior to making a commercial application, a commercial applicator must provide the customer with all of the following information:
(i) The pesticide to be applied;
(ii) The possible residue hazards;
(iii) Any restricted entry periods;
(iv) Any waiting periods prior to harvest;
(v) The application date and time;
(vi) The post-application label safety precautions; and (vii) Any other applicable label requirements such as posting requirements.
(c) Commercial applicators must maintain accurate and legible records of the information required under subsection (b) of this section for two years.
(d) All applicators must make applications in accordance with the applicable standards of competence.
(a) All applicators must store all pesticide concentrates and dilute mixtures using methods that are reasonably calculated to prevent the contamination of other products by means of volatilization, leakage, breakage, or other causes, and that are reasonably calculated to prevent risk of harm to persons, property, animals, or the environment.
(b) All applicators must keep pesticide storage areas clean and orderly, and must position pesticide containers so that the containers and labels are not at risk of damage.
(c) All applicators must cover or otherwise protect pesticides and pesticide containers from the elements in a manner that is reasonably calculated to prevent damage to labels and to avoid harm to persons, property, animals, or the environment.
(d) The Board of Certification recommends that applicators follow the procedures for proper storage and disposal of pesticides and pesticide containers detailed in 40 CFR part 165. The Department shall make copies of these procedures available to any person needing guidance for proper storage and disposal of pesticides and pesticide containers.
(a) Any violation of these regulations, the Department's Chapter 62 regulations, or the Act may result in the denial, revocation, or suspension of any license issued pursuant to the Act or these regulations. Additionally, if a person has a criminal conviction under 14(b) of the Federal Insecticide, Fungicide, Rodenticide Act (FIFRA) or has been subject to a final order imposing a civil penalty under 14(a) of FIFRA the Department may deny, revoke or suspend a license issued pursuant to the Act or these regulations.
(b) The Department will deny a license application if:
(i) The applicant has made a materially false statement on the application; (ii) The applicant failed to submit the appropriate fee; or (iii) The applicant failed to submit a correct and complete application.
(c) The Department may deny a license application if the applicant has failed to comply with the Act, these regulations, or Chapter 62.
(d) If the Department denies a license application, the Department shall provide the applicant with a notice that includes:
(i) The specific reasons for the denial and citations to the applicable provisions of the Act or regulations;
(ii) The actions, if any, that the applicant must take to qualify for a license;
(iii) Notice of the applicant’s right to request a hearing; and
(iv) The legal authority under which the hearing is to be held.
(e) If the applicant wants a hearing to contest the denial, the applicant must request a hearing within 20 days of receiving the notice.
(f) If a hearing is requested, the Department shall schedule a time and place for the hearing, to be held not later than 30 days from the date of the request unless a later date is agreed to by the parties.
(g) The Department shall notify the applicant of the time, date, and place of the hearing at least seven days before the hearing date.
(h) If prior to the hearing the applicant supplies evidence of correction and all other license requirements have been met, the Department may issue a license and cancel the hearing.
(i) If an applicator’s violation constitutes a threat to public health, safety, or welfare that requires emergency action, the Department may immediately suspend the applicator’s license in accordance with the Wyoming Administrative Procedure Act.
(j) Any applicator whose license is suspended must retake all applicable examinations and achieve a passing score before the Department will reinstate the license. However, if an applicator whose license is suspended fails to retake all applicable examinations and achieve a passing score within 15 days of suspension, the Department will proceed to revoke the applicator’s license.
(k) An applicator with a reinstated license will be on probation for one year.
(l) If an applicator on probation violates any part of the Act, these regulations, or the Chapter 62, that violation constitutes a threat to public health, safety, or welfare that requires emergency action, and the Department may immediately suspend the applicator’s license in accordance with the Wyoming Administrative Procedure Act.
(m) If the Department decides to revoke a license, the Department will provide the licensee with a revocation notice, which shall state:
(i) That the license shall be revoked 20 days after receipt of the revocation notice and that all pesticide applications shall cease at that time unless a contested case hearing is requested;
(ii) The reasons for revocation and citations to the applicable provisions of the Act, these regulations, or Chapter 62;
(iii) That the licensee may request a hearing by submitting a request to the Department within 20 days of the receipt of the notice of revocation;
(iv) The name and address of the Department representative to whom a request for a hearing may be made; and
(v) That if a hearing is requested, the hearing shall be conducted in accordance with the Wyoming Administrative Procedure Act, W.S. 16-3-107 through -115, and the Board of Certification’s Rules of Practice and Procedure for Contested Case Hearings.
(n) The Department shall send all notices in this section by certified mail, return receipt requested.
(o) Hearings: All hearings provided for in these regulations shall be conducted in accordance with the Board of Certification’s Rules of Practice and Procedures for Contested Case Hearings.
(a) All examinations must be presented in a written or electronic format authorized by the Department.
(b) Any person seeking pesticide applicator certification may not serve as an examination proctor.
(c) All proctors and certification authority personnel must keep examinations secure before, during, and after the examination period so that applicants have access to the examination only while a proctor is present.
(d) All applicants must present a valid government issued photo identification at the time of examination.
(e) No reference materials are allowed in the testing area except as provided by the Department.
(f) The examination must be conducted in accordance with any other requirements of the Department related to examination administration.
(g) The Department will notify the applicant of the applicant’s examination results.
(h) Requirements for Proctors.
(i) Proctors must outline examination procedures to applicants before beginning the examination process.
(ii) Proctors must monitor examination applicants throughout the examination period.
(iii) Proctors must prohibit any verbal or nonverbal communication between applicants and anyone other than the proctor during the examination period.
(iv) Proctors must prohibit examination or approved reference materials from being copied or retained by any person not authorized by the Department. Proctors must examine any examination materials or approved reference materials for portions that may have been removed, altered, or destroyed.
(v) Proctors must report to the Department any inconsistencies or irregularities during the administration of an examination, such as cheating, use of unauthorized materials, and attempts to copy or retain materials.
Persons seeking certification as commercial applicators must demonstrate practical knowledge of the principles and practices of pest control and proper and effective use of restricted use pesticides by passing a written examination. Written examinations for all commercial applicators must address all of the following areas of competency:
(a) Label and labeling comprehension. Familiarity with pesticide labels and labeling and their functions, including all of the following:
(i) The general format and terminology of pesticide labels and labeling;
(ii) Understanding instructions, warnings, terms, symbols, and other information commonly appearing on pesticide labels and labeling;
(iii) Understanding that it is a violation of federal and state law to use any registered pesticide in a manner inconsistent with its labeling;
(iv) Understanding when a certified applicator must be physically present at the site of the application based on labeling requirements;
(v) Understanding labeling requirements for supervising apprentice applicators working under the direct supervision of a commercial applicator;
(vi) Understanding that applicators must comply with all use restrictions and directions for use contained in pesticide labels and labeling, including being certified in the certification category appropriate to the type and site of the application;
(vii) Understanding the meaning of product classification as either general or restricted use and that a product may be unclassified;
(viii) Understanding and complying with product-specific notification requirements; and
(ix) Recognizing and understanding the difference between mandatory and advisory labeling language.
(b) Safety. Measures to avoid or minimize adverse health effects, including all of the following:
(i) Understanding the different natures of the risks of acute toxicity and chronic toxicity, as well as the long-term effects of pesticides;
(ii) Understanding that a pesticide's risk is a function of exposure and the pesticide toxicity;
(iii) Recognition of likely ways in which dermal, inhalation, and oral exposure may occur; (iv) Common types and causes of pesticide mishaps; (v) Precautions to prevent injury to applicators and other individuals in or near treated areas; (vi) The need for, and proper use of, protective clothing and personal protective equipment; (vii) Symptoms of pesticide poisoning; (viii) First aid and other procedures to be followed in case of a pesticide mishap; and (ix) Proper identification, storage, transport, handling, mixing procedures, and disposal methods for pesticides and used pesticide containers, including precautions to be taken to prevent children from having access to pesticides and pesticide containers.
(c) Environment. The potential environmental consequences of the use and misuse of pesticides, including the influence of all of the following:
(i) Weather and other indoor and outdoor climatic conditions; (ii) Types of terrain, soil, or other substrate; (iii) Presence of fish, wildlife, and other non-target organisms; and (iv) Drainage patterns.
(d) Pests. The proper identification and effective control of pests, including all of the following:
(i) The importance of correctly identifying target pests and selecting the proper pesticide product for effective pest control; and (ii) Verifying that the labeling does not prohibit the use of the product to control the target pest.
(e) Pesticides. Characteristics of pesticides, including all of the following:
(i) Types of pesticides; (ii) Types of formulations;
(iii) Compatibility, synergism, persistence, and animal and plant toxicity of the formulations;
(iv) Hazards and residues associated with use;
(v) Factors that influence effectiveness or lead to problems such as pesticide resistance; and
(vi) Dilution procedures.
(f) Equipment. Application equipment, including all of the following:
(i) Types of equipment and advantages and limitations of each type; and
(ii) Use, maintenance, and calibration procedures.
(g) Application methods. Selecting appropriate application methods, including all of the following:
(i) Methods used to apply various forms and formulations of pesticides;
(ii) Knowledge of which application method to use in a given situation and that use of a fumigant, aerial application, sodium cyanide, or sodium fluoroacetate requires additional certification;
(iii) How selection of application method and use of a pesticide may result in proper use, unnecessary or ineffective use, and misuse; and
(iv) Prevention of drift and pesticide loss into the environment.
(h) Laws and regulations. Knowledge of all applicable state, tribal, and federal laws and regulations.
(i) Responsibilities of supervisors of apprentice applicators. Knowledge of the responsibilities of commercial applicators supervising apprentice applicators, including all of the following:
(i) Understanding and complying with requirements in 40 CFR 171.201 for commercial applicators who supervise apprentice applicators using restricted use pesticides;
(ii) The recordkeeping requirements of pesticide safety education for apprentice applicators who use restricted use pesticides under the direct supervision of a commercial applicator;
(iii) Providing use-specific instructions to apprentice applicators using restricted use pesticides under the direct supervision of a commercial applicator; and
(iv) Explaining pertinent state, tribal, and federal laws and regulations to apprentice applicators who use restricted use pesticides under the direct supervision of a commercial applicator.
(j) Professionalism. Understanding the importance of all of the following:
(i) Maintaining chemical security for restricted use pesticides;
(ii) How to communicate information about pesticide exposures and risks with customers and the public; and
(iii) Appropriate product stewardship for commercial applicators.
The apprentice applicator education materials must include the information that apprentice applicators need in order to protect themselves, other people, and the environment before, during, and after making a restricted use pesticide application. The apprentice applicator education materials must include, at a minimum, the following:
(a) Potential hazards from toxicity and exposure that pesticides present to apprentice applicators and their families, including acute and chronic effects, delayed effects, and sensitization;
(b) Routes through which pesticides can enter the body;
(c) Signs and symptoms of common types of pesticide poisoning;
(d) Emergency first aid for pesticide injuries or poisonings;
(e) Routine and emergency decontamination procedures, including emergency eye flushing techniques. Apprentice applicators must be instructed that if pesticides are spilled or sprayed on the body, to immediately wash or to rinse off in the nearest clean water. Apprentice applicators must also be instructed to wash or shower with soap and water, shampoo hair, and change into clean clothes as soon as possible;
(f) How and when to obtain emergency medical care;
(g) After working with pesticides, to wash hands before eating, drinking, using chewing gum or tobacco, or using the toilet;
(h) Wash or shower with soap and water, shampoo hair, and change into clean clothes as soon as possible after working with pesticides;
(i) Potential hazards from pesticide residues on clothing;
(j) Wash work clothes before wearing them again and wash them separately from other clothes;
(k) Do not take pesticides or pesticide containers used at work to your home;
(l) Potential hazards to children and pregnant women from pesticide exposure;
(m) After working with pesticides, remove work boots or shoes before entering your home, and remove work clothes and wash or shower before physical contact with children or family members;
(n) How to report suspected pesticide use violations to the appropriate state or tribal agency responsible for pesticide enforcement;
(o) Format and meaning of information contained on pesticide labels and in labeling applicable to the safe use of the pesticide, including the location and meaning of the restricted use product statement, how to identify when the labeling requires the certified applicator to be physically present during the use of the pesticide, and information on personal protective equipment;
(p) Need for, and appropriate use and removal of, personal protective equipment;
(q) How to recognize, prevent, and provide first aid treatment for heat-related illness;
(r) Safety requirements for handling, transporting, storing, and disposing of pesticides, including general procedures for spill cleanup;
(s) Environmental concerns such as drift, runoff, and wildlife hazards;
(t) Restricted use pesticides may be used only by a certified applicator or by an apprentice applicator working under the direct supervision of a certified applicator;
(u) The certified applicator’s responsibility to provide to each apprentice 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 water and groundwater, endangered species, local population, and risks) and the conditions of application (e.g., equipment, method of application, formulation, and risks) might increase or decrease the risk of adverse effects. The certified applicator must provide these instructions in a manner the apprentice applicator can understand;
(v) The certified applicator’s responsibility to ensure that each apprentice applicator has access to the applicable product labeling at all times during its use;
(w) The certified applicator’s responsibility to ensure that where the labeling of a pesticide product requires that personal protective equipment be worn for mixing, loading, application, or any other use activities, each apprentice applicator has clean, labeling-required personal protective equipment in proper operating condition and that the personal protective equipment is worn and use correctly for its intended purpose;
(x) The certified applicator’s responsibility to ensure that before each day of use equipment used for mixing, loading, transferring, or applying pesticides is in proper operating condition as intended by the manufacturer, and can be used without risk of reasonably foreseeable adverse effects to the apprentice applicator, other persons, or the environment; and
(y) The certified applicator’s responsibility to ensure that a means to immediately communicate with the certified applicator is available to each apprentice applicator using restricted use pesticides under his or her direct supervision.
Before using or supervising the use of a restricted use pesticide as a private applicator, a person must be certified by an appropriate certifying authority as having the necessary competency to use restricted use pesticides for pest control in the production of agricultural commodities, which includes the ability to read and understand pesticide labeling. Certification in this general private applicator certification category alone is not sufficient to authorize the purchase, use, or supervision of use of the restricted use pesticide products in the categories listed in subsections (b) through (e) of Section 9. Persons seeking certification as private applicators must demonstrate 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 all of the following:
(a) Label and labeling comprehension. Familiarity with pesticide labels and labeling and their functions, including all of the following:
(i) The general format and terminology of pesticide labels and labeling;
(ii) Understanding instructions, warnings, terms, symbols, and other information commonly appearing on pesticide labels and labeling;
(iii) Understanding that it is a violation of federal and state law to use any registered pesticide in a manner inconsistent with its labeling;
(iv) Understanding when a certified applicator must be physically present at the site of the application based on labeling requirements;
(v) Understanding labeling requirements for supervising apprentice applicators working under the direct supervision of a certified applicator;
(vi) Understanding that applicators must comply with all use restrictions and directions for use contained in pesticide labels and labeling, including being certified in the appropriate category to use restricted use pesticides for fumigation or aerial application, or predator control devices containing sodium cyanide or sodium fluoroacetate, if applicable;
(vii) Understanding the meaning of product classification as either general or restricted use, and that a product may be unclassified;
(viii) Understanding and complying with product-specific notification requirements; and
(ix) Recognizing and understanding the difference between mandatory and advisory labeling language.
(b) Safety. Measures to avoid or minimize adverse health effects, including all of the following:
(i) Understanding the different natures of the risks of acute toxicity and chronic toxicity, as well as the long-term effects of pesticides;
(ii) Understanding that a pesticide's risk is a function of exposure and the pesticide's toxicity;
(iii) Recognition of likely ways in which dermal, inhalation, and oral exposure may occur;
(iv) Common types and causes of pesticide mishaps;
(v) Precautions to prevent injury to applicators and other individuals in or near treated areas;
(vi) Need for, and proper use of, protective clothing and personal protective equipment;
(vii) Symptoms of pesticide poisoning;
(viii) First aid and other procedures to be followed in case of a pesticide mishap;
and
(ix) Proper identification, storage, transport, handling, mixing procedures, and disposal methods for pesticides and used pesticide containers, including precautions to be taken to prevent children from having access to pesticides and pesticide containers.
(c) Environment. The potential environmental consequences of the use and misuse of pesticides, including the influence of the following:
(i) Weather and other climatic conditions;
(ii) Types of terrain, soil, or other substrate;
(iii) Presence of fish, wildlife, and other non-target organisms; and
(iv) Drainage patterns.
(d) Pests. The proper identification and effective control of pests, including all of the following:
(i) The importance of correctly identifying target pests and selecting the proper pesticide product; and
(ii) Verifying that the labeling does not prohibit the use of the product to control the target pest.
private applicators who supervise apprentice applicators using restricted use pesticides;
(ii) Providing use-specific instructions to apprentice applicators using restricted use pesticides under the direct supervision of a certified applicator; and
(iii) Explaining appropriate state, tribal, and federal laws and regulations to apprentice applicators working under the direct supervision of a certified applicator.
(j) Stewardship. Understanding the importance of all of the following:
(i) Maintaining chemical security for restricted use pesticides.
(ii) How to communicate information about pesticide exposures and risks with agricultural workers and handlers and other persons.
(k) Agricultural pest control. Practical knowledge of pest control applications to agricultural commodities including all of the following:
(i) Specific pests of relevant agricultural commodities.
(ii) How to avoid contamination of ground and surface waters.
(iii) Understanding pre-harvest and restricted entry intervals and entry-restricted periods and areas.
(iv) Understanding specific pesticide toxicity and residue potential when pesticides are applied to animal or animal product agricultural commodities.
(v) Relative hazards associated with using pesticides on animals or places in which animals are confined based on formulation, application technique, age of animal, stress, and extent of treatment.
Applicators must demonstrate practical knowledge of the pest problems and pest control practices associated with performing soil and non-soil fumigation applications, including all of the following:
(a) Label and labeling comprehension. Familiarity with the pesticide labels and labeling for products used to perform soil and non-soil fumigation, including all of the following:
(i) Labeling requirements specific to soil fumigants;
(ii) Requirements for certified applicators of fumigants, fumigant handlers and permitted fumigant handler activities, and the safety information that certified applicators must provide to apprentice applicators using fumigants under their direct supervision;
(iii) Entry-restricted periods for tarped and untarped field application scenarios;
(iv) Recordkeeping requirements;
(v) Labeling provisions unique to fumigant products containing certain active ingredients;
(vi) Labeling requirements specific to non-soil fumigation; and
(vii) Labeling requirements for fumigant management plans, such as when a fumigant management plan must be in effect, how long it must be kept on file, where it must be kept during the application, and who must have access to it; the elements of a fumigant management plan and resources available to assist the applicator in preparing a fumigant management plan; the person responsible for verifying that a fumigant management plan is accurate; and the elements, purpose and content of a post-application summary, who must prepare it, and when it must be completed.
(b) Safety. Measures to minimize adverse health effects, including all of the following:
(i) Understanding how certified applicators, apprentice applicators using fumigants under direct supervision of certified applicators, field workers, handlers, and bystanders can become exposed to fumigants;
(ii) Common problems and mistakes that can result in direct exposure to fumigants;
(iii) Signs and symptoms of human exposure to fumigants;
(iv) Air concentrations of a fumigant that require applicators to wear respirators or to exit the work area entirely; (v) Steps to take if a fumigant applicator experiences sensory irritation; (vi) Understanding air monitoring, when it is required, and where and when to take samples; (vii) Buffer zones, including procedures for buffer zone monitoring and who is permitted to be in a buffer zone; (viii) First aid measures to take in the event of exposure to a soil or non-soil fumigant; and (ix) Labeling requirements for transportation, storage, spill clean up, and emergency response for soil and non-soil fumigants, including safe disposal of containers, contaminated materials, and contaminated soil, and management of empty containers.
(c) Soil and non-soil fumigant chemical characteristics. Characteristics of soil and non-soil fumigants, including all of the following:
(i) Chemical characteristics of soil and non-soil fumigants; (ii) Specific human exposure concerns for soil and non-soil fumigants; (iii) How fumigants change from a liquid or solid to a gas; (iv) How fumigants disperse in the application zone; and (v) Compatibility concerns for tanks, hoses, tubing, and other equipment.
(d) Application. Selecting appropriate application methods and timing, including all of the following:
(i) Application methods, including but not limited to water-run and non-water-run applications, and equipment commonly used for each fumigant; (ii) Site characteristics that influence fumigant exposure; (iii) Understanding temperature inversions and their impact on fumigant application; (iv) Weather and other conditions that could impact timing of fumigant application, such as air stability, air temperature, humidity, and wind currents, and labeling statements limiting applications during specific conditions;
(v) Conducting pre-application inspection of application equipment and the site to be fumigated;
(vi) Understanding the purpose and methods of soil sealing or of sealing the non-soil area to be fumigated, including the factors that determine which sealing method to use;
(vii) Understanding the use of tarps, including the range of tarps available, how to seal tarps, and labeling requirements for tarp removal, perforation, and repair;
(viii) Calculating the amount of product required for a specific treatment area;
(ix) Understanding the basic techniques for calibrating fumigant application equipment; and
(x) Understanding when and how to conduct air monitoring and when it is required.
(e) Soil and pest factors. Soil and pest factors that influence fumigant activity, including all of the following:
(i) Influence of soil factors on fumigant volatility and movement within the soil profile, and the influence of pest factors on fumigant volatility;
(ii) Factors that influence gaseous movement through the soil profile or the area being fumigated and into the air;
(iii) Soil characteristics, including how soil characteristics affect the success of a soil fumigant application, assessing soil moisture, and correcting for soil characteristics that could hinder a successful soil fumigant application;
(iv) Identifying pests causing the damage and verifying that they can be controlled with fumigation;
(v) Understanding the relationship between pest density and application rate; and
(vi) The importance of proper application rate, depth, and timing.
(f) Personal protective equipment. Understanding what personal protective equipment is necessary and how to use it properly, including all of the following:
(i) Following labeling directions for required personal protective equipment;
(ii) Selecting, inspecting, using, caring for, replacing, and disposing of personal protective equipment;
(iii) Understanding the types of respirators required when using specific fumigants and how to use them properly, including medical evaluation, fit testing, and required replacement of cartridges and canisters; and
(iv) Labeling requirements and other laws applicable to medical evaluation for respirator use, fit tests, training, and recordkeeping.
(g) Fumigant management plans and post-application summaries. Information about fumigant management plans and when they are required, including all of the following:
(i) When a fumigant management plan must be in effect, how long it must be kept on file, where it must be kept during the application, and who must have access to it;
(ii) The elements of a fumigant management plan and resources available to assist the applicator in preparing a fumigant management plan;
(iii) The person responsible for verifying that a fumigant management plan is accurate; and
(iv) The elements, purpose, and content of a post-application summary, who must prepare it, and when it must be completed.
(h) Buffer zones and posting requirements (for soil fumigation). Understanding buffer zones and posting requirements, including all of the following:
(i) Buffer zones and the buffer zone period;
(ii) Identifying who is allowed in a buffer zone during the buffer zone period and who is prohibited from being in a buffer zone during the buffer zone period;
(iii) Using the buffer zone table from the labeling to determine the size of the buffer zone;
(iv) Factors that determine the buffer zone credits for application scenarios and calculating buffer zones using credits;
(v) Distinguishing buffer zone posting and treated area posting, including the pre-application and post-application posting timeframes for each; and
(vi) Proper choice and placement of warning signs.
(i) Posting requirements (for non-soil fumigation). Understanding posting requirements, including all of the following:
(i) Understanding who is allowed in an area being fumigated or after fumigation and who is prohibited from being in such areas;
(ii) Distinguishing fumigant labeling-required posting and treated area posting, including the pre-application and post-application posting timeframes for each; and
(iii) Proper choice and placement of warning signs.
AERIAL APPLICATION STANDARDS OF COMPETENCE
Applicators must demonstrate practical knowledge of the pest problems and pest control practices associated with performing aerial application of restricted use pesticides, including all of the following:
(a) Labeling. Labeling requirements and restrictions specific to aerial application of pesticides including:
(b) Application equipment. Understanding how to choose and maintain aerial application equipment, including all of the following:
(i) The importance of inspecting application equipment to ensure it is in proper operating condition prior to beginning an application;
(ii) Selecting proper nozzles to ensure appropriate pesticide dispersal and to minimize drift;
(iii) Knowledge of the components of an aerial pesticide application system, including pesticide hoppers, tanks, pumps, and types of nozzles;
(iv) Interpreting a nozzle flow rate chart;
(v) Determining the number of nozzles for intended pesticide output using nozzle flow rate chart, aircraft speed, and swath width;
(vi) How to ensure nozzles are placed to compensate for uneven dispersal due to uneven airflow from wingtip vortices, helicopter rotor turbulence, and aircraft propeller turbulence;
(vii) Where to place nozzles to produce the appropriate droplet size;
(viii) How to maintain the application system in good repair, including pressure gauge accuracy, filter cleaning according to schedule, and checking nozzles for excessive wear;
(ix) How to calculate required and actual flow rates;
(x) How to verify flow rate using fixed timing, open timing, known distance, or a flow meter; and
(xi) When to adjust and calibrate application equipment.
(c) Application considerations. The applicator must demonstrate knowledge of factors to consider before and during application, including all of the following:
(i) Weather conditions that could impact application by affecting aircraft engine power, take-off distance, and climb rate, or by promoting spray droplet evaporation;
(ii) How to determine wind velocity, direction, and air density at the application site; and
(iii) The potential impact of thermals and temperature inversions on aerial pesticide application.
(d) Minimizing drift. The applicator must demonstrate knowledge of methods to minimize off-target pesticide movement, including all of the following:
(i) How to determine drift potential of a product using a smoke generator;
(ii) How to evaluate vertical and horizontal smoke plumes to assess wind direction, speed, and concentration;
(iii) Selecting techniques that minimize pesticide movement out of the area to be treated; and
(iv) Documenting special equipment configurations or flight patterns used to reduce off-target pesticide drift.
(e) Performing aerial application. The applicator must demonstrate competency in performing an aerial pesticide application, including all of the following:
(i) Selecting a flight altitude that minimizes streaking and off-target pesticide drift;
(ii) Choosing a flight pattern that ensures applicator and bystander safety and proper application;
(iii) The importance of engaging and disengaging spray precisely when entering and exiting a predetermined swath pattern;
(iv) Tools available to mark swaths, such as global positioning systems and flags;
(v) Labeling-mandated recordkeeping requirements for aerial pesticide applications including application conditions if applicable; and
(vi) Documenting special equipment configurations or flight patterns used to reduce off-target pesticide drift.