Haw. Code R. § 4-66-58 - Specific standards for certification of applicators

In addition to satisfying the requirements of section 4-66-57, applicants for certification shall demonstrate through written examinations practical knowledge of the principles and practices of pest control and proper and effective use of restricted use pesticides for each particular category or subcategory of certification applied for, as follows:

(a) Commercial applicators

(1) Category 1, agricultural pest control, which includes the following subcategories:

(A) Crop pest control applicators shall demonstrate practical knowledge of the crops, grasslands, and non-crop agricultural lands and the specific pests on those areas on which the applicator may be using restricted use pesticides. Applicators in this category shall demonstrate operational knowledge concerning soil and water problems, pre-harvest intervals, restricted entry intervals, phytotoxicity, potential for environmental contamination, non-target injury and other problems resulting from the use of restricted use pesticides in agricultural areas;

(B) Animal pest control applicators shall demonstrate practical knowledge of such animals and the animals' 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; and

(C) Soil and non-soil fumigant pest control applicators shall demonstrate practical knowledge of the pest problems and pest control practices associated with performing fumigation applications, including label and labeling comprehension, worker protection measures, restricted entry periods, recordkeeping requirements, and safety measures to minimize adverse health effects. Applicators shall also demonstrate an understanding of how applicators and bystanders can be exposed to fumigants, signs and symptoms of exposure to fumigants, first aid procedures, emergency preparedness, the ability to calculate buffer zones, air concentrations of fumigant, and preparation of site-specific fumigant management plans and post-application summaries.

(2) Category 2, forest pest control applicators shall demonstrate practical knowledge of the types of forests, forest nurseries, seed production and pest involved. The required knowledge shall include the cyclic occurrence of certain " pests, population dynamics as a basis for programming pesticide applications, the relevant organisms causing harm and the organisms' vulnerability to the pesticides to be applied, how to determine when pesticide use is proper, selection of application method, proper use of application equipment to minimize non-target exposures, and appropriate responses to meteorological factors and adjacent land use. The applicator shall demonstrate an understanding of 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 forest stands frequently include watersheds, aquatic situations, and harbor wildlife, the applicator shall demonstrate knowledge of pest control methods that will minimize the possibility of secondary problems such as surface or ground water contamination and unintended effects on wildlife;

(3) Category 3, ornamental and turf pest control applicators shall demonstrate practical knowledge of pesticide problems associated with the production and maintenance of ornamental trees, shrubs, flowers, groundcover, and turf, including knowledge of potential phytotoxicity due to the 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 category shall also demonstrate practical knowledge of application methods that will minimize or prevent hazards to humans, pets, and other domestic animals;

(4) Category 4, aerial pest control applicators shall demonstrate practical knowledge of pest problems and pest control practices associated with performing aerial application of restricted use pesticides. Applicators shall also demonstrate the ability to read and understand labeling requirements specific to aerial applications, how to choose, operate and maintain aerial application equipment, knowledge of factors to consider before and during aerial application such as weather conditions, wind velocity, and how to minimize drift, demonstrate competency in performing an aerial pesticide application, and knowledge of restricted use pesticide recordkeeping requirements;

(5) Category 5, aquatic pest control applicators shall demonstrate practical knowledge of the characteristics of various aquatic use situations, and the potential for adverse effects on non-target plants, fish, birds, beneficial insects and other organisms in the immediate aquatic environment and downstream. Applicators shall also demonstrate the principles of limited area applications;

(6) Category 6, right-of-way pest control applicators shall 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. Right-of-way pest control applicators shall also demonstrate knowledge of 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. Applicators doing right-of-way work shall demonstrate knowledge of application equipment, containment of the pesticide within the right-of-way area, and drift control methods and procedures;

(7) Category 7, industrial, institutional, and structural pest control applicators shall demonstrate a practical knowledge of industrial, institutional, and structural pests, including recognizing those pests and signs of the pest's presence, habitats, life cycles, biology, and behavior as it may be relevant to problem identification and control. Applicators shall 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 application. Applicators in this category shall also demonstrate knowledge of the pesticide labeling of the products typically used in the applicator's operations, including hazards to the environment, emergency procedures, application methods, disposal, and pertinent laws, rules, and regulations;

(8) Category 8, public health pest control applicators shall demonstrate practical knowledge of pests that are important vectors of disease, including recognizing the pests and signs of the pests' presence, habitats, life cycles, biology and behavior as it may be relevant to problem identification and control. The required knowledge also includes how to minimize damage to and contamination of areas treated, acute and chronic exposure of people and pets, and non-target exposures. Applicators shall demonstrate competency in nonchemical control methods such as sanitation, waste disposal, and drainage. Applicators shall also demonstrate knowledge of hazards to the environment, emergency procedures, application methods, disposal, and pertinent laws, rules, and regulations;

(9) Category 9, regulatory pest control applicators shall 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. Applicators shall demonstrate knowledge of factors influencing introduction, spread, and population dynamics of regulated pests;

(10) Category 10, demonstration, research, and instructional pest control applicators shall demonstrate practical knowledge of the potential problems, pests, and population levels reasonable expected to occur in a demonstration situation and the effects of restricted use pesticides on target and non-target organisms. Applicators shall also demonstrate competency in each pest control category applicable to the applicator's demonstration. For purposes of demonstrating proper use of a particular pesticide product, out-of-state technical representatives visiting or working in the State for thirty days or less per year need not be certified in this category if certified in an equivalent category by a jurisdiction authorized by the EPA to issue certifications. The out-of-state technical representative shall present his or her certification credentials to the head for an equivalency determination prior to applying any restricted use pesticides in the State; and

(11) Category 11, chemigation pest control applicators shall demonstrate practical knowledge of labeling requirements specific to chemigation, how to choose, operate and maintain application equipment, the use of metering devices, strategies and equipment for backflow prevention, and procedures for irrigation system assessment for the distribution consistency of water, or chemicals, or both,

(b) Private applicators

(1) Category 1, general agricultural pest control applicators shall demonstrate practical knowledge of agricultural commodities grown in the State and the specific pests relevant to these commodities. Applicators in this category shall demonstrate practical knowledge of how to avoid contamination of ground and surface waters, demonstrate an understanding of preharvest intervals, restricted entry intervals, and entry restricted periods and areas. The applicator shall also demonstrate a practical understanding of phytotoxicity, specific pesticide toxicity, and residue potential when pesticides are applied to animal or animal product agricultural commodities, and the 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. General agricultural pest control applicators shall demonstrate a complete understanding of the Worker Protection Standard, part 170 of title 40, Code of Federal Regulations (2018);

(2) Category 2, agricultural pest control fumigant applicators shall demonstrate practical knowledge of pest problems and pest control practices associated with soil and non-soil fumigant applications. Applicators in this category shall demonstrate knowledge of label and labeling comprehension, safety measures to minimize adverse health effects, characteristics of soil and non-soil fumigants, selecting appropriate application methods and timing, factors that influence fumigant activity, worker protection measures, personal protective equipment and how to use it properly, restricted entry periods, posting requirements, recordkeeping requirements, an understanding of how applicators and bystanders can be exposed to fumigants. Applicators shall also demonstrate knowledge of signs and symptoms of exposure to fumigants, first aid procedures, emergency preparedness, the ability to calculate buffer zones, air concentrations of fumigant, and preparation of site-specific fumigant management plans and post-application summaries; and

(3) Category 3, agricultural chemigation pest control applicators shall demonstrate practical knowledge of labeling requirements specific to chemigation, how to choose, operate and maintain application equipment, the use of metering devices, strategies and equipment for backflow prevention, and procedures for irrigation system assessment for distribution consistency of water, or chemicals, or both. Applicators in this category shall also demonstrate a complete understanding of the Worker Protection Standard, title 40, part 170, Code of Federal Regulations (2018).

(c) Any certified commercial pesticide applicator or certified private pesticide applicator who fails to cooperate with an inspection conducted by the department pursuant to section 149A-36, Hawaii Revised Statutes, may be denied issuance or renewal of certification, or may have certification suspended or revoked.

Notes

Haw. Code R. § 4-66-58

[Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS § 149A-33, §§171.4, 171.5) (Imp: HRS § 149A-33, §§171.4, 171.5) [Am and comp 8/23/2019] (Auth: HRS 40 CFR §§ 171.103, 171.105) (Imp: HRS 40 CFR §§ 171.103, 171.105)