Haw. Code R. § 4-66-56 - Certification of applicators
(a) No person shall
apply restricted use pesticides unless certified in the category appropriate to
the application or under the direct supervision of a certified applicator
certified in the appropriate category. An applicator applying restricted use
pesticides shall be certified as:
(1) A
commercial pesticide applicator; or
(2) A private pesticide
applicator.
(b)
Commercial pesticide applicators shall be further divided into categories and
subcategories based on general patterns of use and sites where specific
knowledge related to the use pattern or site is required to demonstrate
competency. A person may be certified in as many categories or subcategories as
necessary. The commercial pesticide applicator categories and subcategories are
as follows:
(1) Category 1, agricultural pest
control, which includes the following subcategories:
(A) Crop pest control. For persons using or
supervising the use of restricted use pesticides in production of agricultural
commodities, including but not limited to grains, seeds, soybeans, feed and
forage crops, vegetables, fruits, trees and nuts, as well as non-crop
agricultural lands;
(B) Animal pest
control. For persons using or supervising the use of restricted use pesticides
to control pests on animals including, but not limited to, beef and dairy
cattle, swine, sheep, horses, goats, and poultry, and to places on or in which
animals are confined; and doctors of veterinary medicine engaged in the
business of application for hire, publicly holding themselves out as pesticide
applicators or engaged in large scale use of pesticides;
(C) Soil and non-soil fumigant pest control.
For persons using or supervising the use of restricted use pesticides to
fumigate soil and to fumigate anything other than soil;
(2) Category 2, forest pest control. For
persons using or supervising the use of restricted use pesticides in forests,
forest nurseries, and forest seed production;
(3) Category 3, ornamental and turf pest
control. For persons using or supervising the use of restricted use pesticides
to control pests in the maintenance and production of ornamental plants, trees,
shrubs, flowers and turf;
(4)
Category 4, aerial pest control. For persons using or supervising the use of
restricted use pesticides by aerial application;
(5) Category 5, aquatic pest control. For
persons using or supervising the use of restricted use pesticides purposefully
applied to standing or running water, excluding applicators engaged in public
health related activities included in sections 4-66-56(8) and
4-66-56(9);
(6) Category 6,
right-of-way pest control. For persons using or supervising the use of
restricted use pesticides in the maintenance of roadsides, powerlines,
pipelines, and railway rights-of-way, and similar areas, but excluding aquatic
rights-of-way;
(7) Category 7,
industrial, institutional, and structural pest control, which includes the
following subcategories:
(A) Fumigation pest
control. For persons using or supervising the use of fumigant restricted use
pesticides to control termites and other pests in or around food handling
establishments, human dwellings, institutions such as schools and hospitals,
industrial sites such as warehouses, grain elevators, and any other structures
and adjacent area, public or private, and for the protection of stored,
processed or manufactured products. The corresponding branch of pest control
established pursuant to section
460J-12,
Hawaii Revised Statutes, is Branch 1, Fumigation;
(B) Termite pest control. For persons using
or supervising the use of restricted use pesticides other than by fumigation to
control subterranean and drywood termites in or around human dwellings,
institutions such as schools and hospitals, hotels, industrial sites, and any
other structures and adjacent area, public or private. The corresponding branch
of pest control established pursuant to section
460J-12,
Hawaii Revised Statutes, is Branch 3, Termite;
(C) General pest control. For persons using
or supervising the use of restricted use pesticides to control pests, in or
around food establishments, human dwellings, institutions such as schools,
hospitals, industrial sites such as warehouses, and any other structures and
adjacent area, public or private; and for the protection of stored, processed
or manufactured products, excluding those applicators certified in category 3,
ornamental and turf pest control, and subcategories 7(A) and 7(B). The
corresponding branch of pest control established pursuant to section
460J-12,
Hawaii Revised Statutes, is Branch 2, General Pest;
(D) Institutional pest control. For persons
using or supervising the use of restricted use pesticides exclusive of
fumigants to control pests at institutions (e.g., schools, hotels, hospitals,
warehouses, industrial sites), or establishments (e.g., grain elevators,
restaurants, bakeries, fast food outlets) where they are employed;
(E) Vault fumigation pest control. For
persons using or supervising the use of restricted use pesticides to fumigate
vaults or chambers, to control pests in agricultural commodities or structural
materials, and including stored, processed or manufactured products, exclusive
of those individuals licensed as pest control operators and certified in
category 7(A), 7(B), or 7(C);
(F)
Specialty categories. For persons using or supervising the use of restricted
use pesticides where the scope of application is typically limited to a single
active ingredient, a single site, a single facility or a single application
method, such as using restricted use pesticides for controlling roots in sewer
lines, prevention of pests on marine surfaces through the use of restricted use
coatings, controlling wood pests through the use of pressure or submergence
treatment, and persons who use chlorine gas;
(8) Category 8, public health pest control.
For federal, state or other governmental employees and contractors using or
supervising the use of restricted use pesticides in public health programs for
the management and control of pests having medical and public health
importance;
(9) Category 9,
regulatory pest control. For state, federal, or other government employees and
contractors using or supervising the use of restricted use pesticides in the
control of regulated pests prescribed under the Hawaii Plant Quarantine Law,
chapter 150A, Hawaii Revised Statutes, and the Federal Plant Protection Act,
title 7, chapter 104, sections 7701-7786, United States Code (2017);
(10) Category 10, demonstration, research and
instructional pest control. For persons who demonstrate to the public the
proper use and techniques of application of restricted use pesticides or
supervise such demonstration, and persons conducting field research with
pesticides, and in doing so, use or supervise the use of restricted use
pesticides; and
(11) Category 11,
chemigation pest control. For persons using or supervising the use of
restricted use pesticides applied through an irrigation system. Certification
in this category requires concurrent certification in category 1(A), 2, 3, or
10.
(c) Private pesticide
applicators shall be further divided into categories based on general patterns
of use and sites where specific knowledge related to the use pattern or site is
required to demonstrate competency. A person may be certified in as many
categories as necessary. The categories are as follows:
(1) Category 1, general agricultural pest
control. For private applicators using or supervising the use of restricted use
pesticides in the production of agricultural commodities;
(2) Category 2, agricultural pest control
with fumigants. For private applicators using or supervising the use of
restricted use pesticides for soil fumigation in the production of an
agricultural commodity and the application of restricted use pesticides for
fumigation of agricultural products. Certification in this category requires
concurrent certification in category 1, general agricultural pest control; and
(3) Category 3, chemigation. For
persons conducting agricultural pest control, with pesticides applied through
irrigation systems. Certification in this category requires concurrent
certification in category 1, general agricultural pest
control.
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