La. Admin. Code tit. 7, § XXIII-711 - Certification of Commercial Applicators
A.
The commissioner hereby establishes the following standards as qualifications
required for certification.
1. Standards
applicable to all categories:
a. must be at
least 18 years of age;
b. must be
able to read and write the English language with sufficient proficiency to
demonstrate comprehension of label and labeling content and
instructions;
c. must submit an
application for certification in the form required by the
commissioner;
d. must be able to
demonstrate knowledge of the principles and practices of pest control and the
safe use of pesticides. Applicants must demonstrate these capabilities by
successfully completing the general standards examinations;
e. must be able to successfully complete an
examination in the specific category in which certification is
sought;
f. all prior
certifications, if any, must be in good standing at the time that the
application for any examination is filed;
g. aerial applicators shall successfully
complete the aerial application of pesticides examination.
2. An individual applying for certification
in subcategory 7c (§711.B.2.g iii) must
pass the Non-Soil Fumigation Exam.
3. An individual applying for certification
in subcategory 8d (§711.B.2.h iv) must
have either:
a. a bachelor's degree with at
least 12 hours in entomology; or
b.
at least four years of experience in mosquito control working under supervision
of a person certified in subcategory 8d. Required experience must be
substantiated by a notarized statement acceptable to the
commissioner.
4. All
certified pesticide applicators, with the single exception of aerial mosquito
pest control applicators, who have been found to have violated a provision of
the Louisiana Pesticide Law related to drift or any of the rules or regulations
adopted pursuant to that law by the commission or the commissioner related to
drift, or who received a warning letter from the department during the past
calendar year related to drift, shall attend a department-approved off-target
training course prior to making any application in the following year, in order
to maintain their certification as a certified applicator.
5. Commercial aerial pesticide applicators
who are certifying for the first time or who have not been certified within the
past three years, with the single exception of aerial mosquito pest control
applicators, must attend a department-approved off-target training course prior
to making any application.
B. Categories are established on the basis of
the location where the application of pesticides will be made, and each
applicant for certification is required to successfully complete an examination
in the category in which the applicant desires certification.
1. Certification in a category authorizes the
commercial applicator to make application of or supervise the application of
restricted use pesticides in the areas listed for each category.
a. Supervision for Noncertified Applicators:
the certified applicator shall ensure that each noncertified applicator under
their direct supervision meets all the requirements set forth in
40 CFR §
171.201 before using any restricted use
pesticide. Noncertified applicators shall be trained within the last 12 months
in the safe operation of any equipment they will use for moving, loading,
transferring, or applying pesticides pursuant to §171.201.
2. The commissioner hereby establishes the
following categories and subcategories of certification for commercial
applicators.
NOTE: The classifications in this Subsection reflect national categories established by EPA.
a. Agricultural Pest Control (category 1).
This category includes commercial applicators using or supervising the use of
restricted use pesticides on agricultural lands, grasslands and non-crop
agricultural lands, and on animals and to places on or in which animals are
confined. This category also includes 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. This
category does not include the use of fumigants.
b. Forest Pest Control (category 2). This
category has been subdivided into the following two subcategories.
i. Forestry Pest Control (subcategory 2a).
This subcategory includes commercial applicators using or supervising the use
of restricted use pesticides in forests, forest nurseries, and forest seed
production. This subcategory does not include the use of fumigants.
ii. Wood Processing (subcategory 2b). This
subcategory includes applicators who are using or supervising the use of
restricted use pesticides to treat wood products (lumber, poles, ties) before
their use in construction, or to field treat utility poles, bridge supports and
similar elements of construction. This subcategory does not include the use of
fumigants.
c. Ornamental
and Turf Pest Control (category 3). This category includes commercial
applicators using or supervising the use of restricted use pesticides to
control pests in the maintenance and production of ornamental trees, shrubs,
flowers and turf. This category does not include the use of
fumigants.
d. Seed Treatment
(category 4). This category includes commercial applicators using or
supervising the use of restricted use pesticides on seeds. This category does
not include the use of fumigants.
e.
...
i. Aquatic Pest Control (subcategory 5a).
This subcategory includes commercial applicators using or supervising the use
of any restricted use pesticide purposefully applied to standing or running
water, excluding applicators engaged in public health related activities
included in category 8 (Subparagraph B.2.h). This subcategory does not include
the use of fumigants.
ii.
Anti-Fouling Paints (subcategory 5b). This subcategory includes commercial
applicators using restricted use pesticides in paints or coatings to be applied
to vessel hulls and other marine structures to inhibit the growth of aquatic
organisms such as barnacles and algae. This subcategory does not include the
use of fumigants.
f.
Right-of-Way Pest Control (category 6). This category includes commercial
applicators using or supervising the use of restricted use pesticides in the
maintenance of public roads, electric power lines, pipelines, railway
rights-of-way or other similar areas. This category does not include the use of
fumigants.
g. Industrial,
Institutional, and Structural Pest Control (category 7). This category includes
structural applicators and nonfee commercial applicators using, or supervising
the use of, pesticides with restricted uses in, on, or around food-handling
establishments; human dwellings; institutions, such as schools and hospitals;
industrial establishments, including warehouses and grain elevators; and any
other structures and adjacent area, public or private; and for the protection
of stored, processed or manufactured products. This category has been
subdivided into four subcategories.
i.
Structural Pest Control (subcategory 7a). This subcategory is for pest control
operators who are, or will be, certified and licensed by the Structural Pest
Control Commission. The commissioner hereby delegates to the Structural Pest
Control Commission the authority to examine and certify all persons in this
subcategory. The commissioner hereby delegates to the Structural Pest Control
Commission the authority to enforce all federal and state laws and regulations
as they apply to persons certified under this subcategory.
ii. Industrial and Institutional Pest Control
(subcategory 7b). This subcategory includes applicators using or supervising
the use of restricted use pesticides on a nonfee basis in, on or around
institutions, motels, hotels, hospitals, feed mills, flour mills, food
processing plants where processed and unprocessed foods are stored, and like
places as the owner or in the employ of the owner and for persons applying or
supervising the application of any herbicide, rodenticide, or insecticide for
grass and weed control and rodent and general pest control in, on, or around
structures or grounds of government subsidized and administered housing and
multiplex housing. This subcategory does not include the use of
fumigants.
iii. Stored Grain Pest
Control (subcategory 7c). This subcategory includes applicators using or
supervising the use of restricted use pesticides, including fumigants, on a
nonfee basis in, on, or around commercial grain mills, grain elevators and
other grain handling establishments as the owner or in the employ of the
owner.
iv. Public Health Pest
Control (subcategory 7d). This subcategory includes commercial applicators
engaged in the control of public health pests outside of government sponsored
health programs. These subcategories do not include the use of fumigants. This
has been subdivided into three subcategories, as follows:
(a). Mosquito Control Applicator (subcategory
7d1). This subcategory includes commercial applicators using or supervising the
use of restricted use pesticides for mosquito control.
(b). Antimicrobial Pest Control (subcategory
7d2). This subcategory includes commercial applicators, including those in
subcategory 7(a) found at LAC 7:XXIII.
§711.B.2.g i, using or
supervising the use of restricted use pesticides for antimicrobial pest
control.
(c). Sewer Root Control
(subcategory 7d3). This subcategory is for commercial applicators using or
supervising the use of restricted use pesticides for root control areas in
sewers.
h.
Governmental and School Pest Control (category 8). This category is for state,
federal, municipal, and school employees using or supervising the use of
pesticides in public health programs for the management and control of pests
having medical and public health importance. This category does not include the
use of fumigants. This category has been subdivided into seven subcategories,
as follows.
i. Mosquito Control-Applicator
(subcategory 8a). This subcategory is for government employees who are
applicators in mosquito control programs.
ii. Rodent Control (Subcategory 8b). This
subcategory is for government employees who are applicators in rodent control
programs.
iii. Community Public
Health (subcategory 8c). This subcategory is for government employees who are
applicators concerned with the control of all arthropods and rodents of public
health importance.
iv.
...
v. Antimicrobial Pest Control
(subcategory 8e). This subcategory is for government employees engaged in
antimicrobial pest control using restricted use pesticides.
vi. Sewer Root Control (subcategory 8f). This
subcategory is for government employees who are applicators engaged in root
control in sewers using restricted use pesticides.
vii. School Employee Pest Control
(subcategory 8g). This subcategory is for employees of a school or school
system who apply or supervise the application of pesticides on a nonfee basis
for grass and weed control and rodent and general pest control (roaches, wasps,
ants) or restricted use pesticides in, on, or around structures and grounds of
schools that provide education for classes prekindergarten through grade 12.
Pesticide applications for wood destroying insects shall be applied by licensed
structural pest control operators. Each 8g certified applicator shall annually
train all persons applying pesticides under their supervision in the proper
handling, storage, use, application and disposal of
pesticides.
i. Regulatory
Pest Control (category 9). This category includes state, federal or other
governmental employees using or supervising the use of pesticides with
restricted uses in the control of regulated pests. This category does not
include the use of fumigants.
j.
Demonstration and Research Pest Control (category 10). This category includes
individuals who demonstrate to the public the proper use and techniques of
application of pesticides with restricted uses, or supervise such
demonstrations and persons conducting field research with pesticides, and in
doing so, use or supervise the use of pesticides with restricted uses. This
includes individuals such as extension specialists and county agents,
commercial representatives demonstrating restricted use pesticide products,
individuals demonstrating application or pest control methods used in public or
private programs, and state, federal, commercial and other persons conducting
field research on or involving restricted use pesticides.
C. In addition to a determination
of competence in a specific category or subcategory, each commercial applicator
shall demonstrate practical knowledge of the principles and practices of pest
control and safe use of pesticides. In order to meet this requirement, each
commercial applicator, at the time of initial certification in at least one
category, must take a general standards exam.
D. Each person that has been certified in any
category or subcategory as a commercial applicator, and whose certification has
not been revoked or suspended or expired, may renew that certification by
attending a recertification meeting or training course for that category as
approved by the commissioner.
1. When a
certification category has not been recertified, the applicator shall comply
with all requirements for initial certification contained in
§701 and
§711
a. If the expired certification was granted
based on a reciprocal agreement, the applicator shall have to take the
certification exams administered by LDAF.
E. The commissioner shall issue a
certification card to each commercial applicator showing the categories or
subcategories in which the applicator is certified. This certification card
shall expire on December 31 of each year.
Each person wishing to renew a certification card shall do so by submitting an application form prescribed by the commissioner and by submitting the proper fee.
F. Each person who is certified as a
commercial applicator need not be certified as a private applicator or a
pesticide salesperson to apply or supervise the application of any restricted
use pesticide as a private applicator, or to sell or supervise the sale of
restricted use pesticides.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
A. The commissioner hereby establishes the following standards as qualifications required for certification.
1. Standards applicable to all categories:
a. must be at least 18 years of age or an emancipated minor;
b. must be able to read and write the English language with sufficient proficiency to demonstrate comprehension of label and labeling content and instructions;
c. must submit an application for certification in the form required by the commissioner ;
d. must be able to demonstrate knowledge of the principles and practices of pest control and the safe use of pesticides. Applicants must demonstrate these capabilities by successfully completing the general standards examinations;
e. must be able to successfully complete an examination in the specific category in which certification is sought;
f. all prior certifications, if any, must be in good standing at the time that the application for any examination is filed;
g. aerial applicators shall successfully complete the aerial application of pesticides examination.
2. An individual applying for certification in subcategory 7c (§711. B.2.g iii) must have two years of experience in the phase of work in which he is making application . Required experience must be substantiated by a notarized statement acceptable to the commissioner .
3. An individual applying for certification in subcategory 8d (§711.B.2.h iv) must have either:
a. a bachelor's degree with at least 12 hours in entomology; or
b. at least four years of experience in mosquito control working under supervision of a person certified in subcategory 8d. Required experience must be substantiated by a notarized statement acceptable to the commissioner .
4. All certified pesticide applicators, with the single exception of aerial mosquito pest control applicators, who have been found to have violated a provision of the Louisiana Pesticide Law related to drift or any of the rules or regulations adopted pursuant to that law by the commission or the commissioner related to drift , or who received a warning letter from the department during the past calendar year related to drift , shall attend a department -approved off-target training course prior to making any application in the following year, in order to maintain their certification as a certified applicator.
5. Commercial aerial pesticide applicators who are certifying for the first time or who have not been certified within the past three years, with the single exception of aerial mosquito pest control applicators, must attend a department -approved off-target training course prior to making any application .
B. Categories are established on the basis of the location where the application of pesticides will be made, and each applicant for certification is required to successfully complete an examination in the category in which the applicant desires certification.
1. Certification in a category authorizes the commercial applicator to make application of or supervise the application of restricted use pesticides in the areas listed for each category.
2. The commissioner hereby establishes the following categories and subcategories of certification for commercial applicators.
NOTE: The classifications in this Subsection reflect national categories established by EPA.
a. Agricultural Pest Control (category 1). This category includes commercial applicators using or supervising the use of restricted use pesticides on agricultural lands, grasslands and non-crop agricultural lands.
i. This category also includes commercial applicators using or supervising the use of restricted use pesticides on animals and to places on or in which animals are confined.
ii. This category includes 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.
b. Forest Pest Control (category 2). This category has been subdivided into the following three subcategories.
i. General Forestry (subcategory 2a). This subcategory includes commercial applicators using or supervising pesticides with restricted use to control pests in the regeneration, management, and production of forest stands.
ii. Forest Tree Seed Orchards and Nurseries (subcategory 2b). This subcategory includes commercial applicators using or supervising the use of restricted use pesticides to control pests and undesirable plants in the production of forest tree seed, seedlings, and cuttings.
iii. Wood Processing (subcategory 2c). This subcategory includes wood or fiber processing firms such as sawmills, veneer plants, plywood plants, wood preservation plants and pulping facilities which use restricted use pesticides in the manufacturing process of wood products.
c. Ornamental and Turf Pest Control (category 3). This category includes commercial applicators using or supervising the use of restricted use pesticides to control pests in the maintenance and production of ornamental trees, shrubs, flowers, and turf.
d. Seed Treatment (category 4). This category includes commercial applicators using or supervising the use of restricted use pesticides on seeds.
e. Aquatic Pest Control (category 5). This category is subdivided into two subcategories.
i. Subcategory 5a includes commercial applicators using or supervising the use of any restricted use pesticide purposefully applied to standing or running water, excluding applicators engaged in public health related activities included in category 8 (Subparagraph B.2.h);
ii. Subcategory 5b includes commercial applicators using, or supervising the use of, any restricted used in paints to be applied to vessel hulls and other marine structures to inhibit the growth of aquatic organisms such as barnacles and algae.
f. Right-of-Way and Industrial Pest Control (category 6). This category includes commercial applicators using or supervising the use of restricted use pesticides in the maintenance of public roads, electric power lines, pipelines, railway rights-of-way or other similar areas.
g. Industrial, Institutional, Structural, and Health Related Pest Control (category 7). This category includes commercial applicators and nonfee commercial applicators using, or supervising the use of, pesticides with restricted uses in, on, or around food-handling establishments; human dwellings; institutions, such as schools and hospitals; industrial establishments, including warehouses and grain elevators; and any other structures and adjacent area, public or private; and for the protection of stored, processed or manufactured products. This category has been subdivided into four subcategories.
i. Subcategory 7a is for pest control operators who are, or will be, certified and licensed by the Structural Pest Control Commission. The commissioner hereby delegates to the Structural Pest Control Commission the authority to examine and certify all persons in this subcategory. The commissioner hereby delegates to the Structural Pest Control Commission the authority to enforce all federal and state laws and regulations as they apply to persons certified under this subcategory.
ii. Subcategory 7b is for applicators who apply or supervise the application of restricted use pesticides on a nonfee basis in, on or around institutions, motels, hotels, hospitals and like places as the owner or in the employ of the owner and for persons applying or supervising the application of any herbicide , rodenticide, or insecticide for grass and weed control and rodent and general pest control in, on, or around structures or grounds of government subsidized and administered housing and multiplex housing.
iii. Subcategory 7c is for applicators who apply, or supervise the application of, restricted use pesticides on a nonfee basis in, on, or around commercial grain elevators and other grain handling establishments, feed mills, flour mills, food processing plants, and other places where processed or unprocessed foods are stored, as the owner or in the employ of the owner. This subcategory is divided into three separate areas of certification:
(a). (7c1) general pest control;
(b). (7c2) vertebrate control;
(c). (7c3) stored grain pest control.
iv. Subcategory 7d is for employees of a school or school system who apply or supervise the application of pesticides on a nonfee basis for grass and weed control and rodent and general pest control (roaches, wasps, and ants) or restricted use pesticides, in, on, or around structures and grounds of schools that provide education for classes kindergarten through 12. Pesticide applications for wood destroying insects shall be applied by licensed structural pest control operators. Each 7d certified applicator shall annually train all persons applying pesticides under his\her supervision in the proper handling, storage, use, application and disposal of pesticides.
h. Public Health Pest Control (category 8). This category is for commercial applicators and state, federal and other government employees using or supervising the use of pesticides in public health programs for the management and control of pests having medical and public health importance. This category has been subdivided into six subcategories, as follows.
i. Mosquito Control-Applicator (subcategory 8a). This subcategory is for commercial applicators and government employees who are applicators in mosquito control programs.
ii. Rodent Control (Subcategory 8b). This subcategory is for commercial applicators and government employees who are applicators in rodent control programs.
iii. Community Public Health (subcategory 8c). This subcategory is for commercial applicators and government employees who are applicators concerned with the control of all arthropods and rodents of public health importance.
iv. Mosquito Control: Program Supervisor (subcategory 8d). This subcategory is for commercial applicators and government employees who are program supervisors in organized mosquito control programs.
v. Antimicrobial Pest Control (subcategory 8e). This subcategory is for commercial applicators, including those in subcategory 7(a) found at LAC 7:XXIII. §711.B.2.g i, engaged in antimicrobial pest control using restricted use pesticides.
vi. Sewer Root Control (subcategory 8f). This subcategory is for commercial applicators and government employees who are applicators engaged in root control in sewers using restricted use pesticides.
i. Regulatory Pest Control (category 9). This category includes state, federal or other governmental employees using or supervising the use of pesticides with restricted uses in the control of regulated pests.
j. Demonstration and Research Pest Control (category 10). This category includes individuals who demonstrate to the public the proper use and techniques of application of pesticides with restricted uses, or supervise such demonstrations and persons conducting field research with pesticides, and in doing so, use or supervise the use of pesticides with restricted uses. This category has been subdivided into eight subcategories:
i. agricultural pest control;
ii. forest pest control;
iii. ornamental and turf pest control;
iv. seed treatment;
v. aquatic pest control;
vi. right-of-way and industrial pest control;
vii. industrial, institutional, structural and health related pest control;
viii. public health pest control.
C. In addition to a determination of competence in a specific category or subcategory, each commercial applicator shall demonstrate practical knowledge of the principles and practices of pest control and safe use of pesticides. In order to meet this requirement, each commercial applicator, at the time of initial certification in at least one category, must take a general standards exam.
D. Examinations for certification for commercial applicators will be given upon request of the applicant in Baton Rouge at the division or in any district office of the department during office hours. Request for exams in district offices must be made seven days in advance.
E. Each person that has been certified in any category or subcategory as a commercial applicator, and whose certification has not been revoked or suspended or expired, may renew that certification by attending a recertification meeting or training course for that category as approved by the commissioner .
F. The commissioner shall issue a certification card to each commercial applicator showing the categories or subcategories in which the applicator is certified. This certification card shall expire on December 31 of each year. Each person wishing to renew a certification card shall do so by submitting an application form prescribed by the commissioner and by submitting the proper fee.
G. Each person who is certified as a commercial applicator need not be certified as a private applicator or a pesticide salesperson to apply or supervise the application of any restricted use pesticide as a private applicator, or to sell or supervise the sale of restricted use pesticides.