(a) General private applicator certification. 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 paragraphs (b) through (f) of this section. 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:
(1) 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 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 noncertified 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.
(ix) Recognizing and understanding the difference between mandatory and advisory labeling language.
(2) 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.
(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.
(3) 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.
(iv) Drainage patterns.
(4) 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(s).
(ii) Verifying that the labeling does not prohibit the use of the product to control the target pest(s).
(5) 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.
(vi) Dilution procedures.
(6) Equipment. Application equipment, including all of the following:
(i) Types of equipment and advantages and limitations of each type.
(ii) Uses, maintenance, and calibration procedures.
(7) 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, or predator control device containing 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.
(iv) Prevention of drift and pesticide loss into the environment.
(8) Laws and regulations. Knowledge of all applicable State, Tribal, and Federal laws and regulations, including understanding the Worker Protection Standard in 40 CFR part 170 and the circumstances where compliance is required.
(9) Responsibilities for supervisors of noncertified applicators. Certified applicator responsibilities related to supervision of noncertified applicators, including all of the following:
(i) Understanding and complying with requirements in § 171.201 of this part for private applicators who supervise noncertified applicators using restricted use pesticides.
(ii) Providing use-specific instructions to noncertified applicators using restricted use pesticides under the direct supervision of a certified applicator.
(iii) Explaining appropriate State, Tribal, and Federal laws and regulations to noncertified applicators working under the direct supervision of a certified applicator.
(10) 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.
(11) 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.
(b) Sodium cyanide predator control. In addition to satisfying the requirements in paragraph (a) of this section, in order to use sodium cyanide in a mechanical ejection device, private 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 and proper placement of the capsules and device, proper use of the antidote kit, notification to medical personnel before use of the device, conditions of and restrictions on 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) Sodium fluoroacetate predator control. In addition to satisfying the requirements in paragraph (a) of this section, in order to use sodium fluoroacetate, private applicators must demonstrate comprehension of all laws and regulations applicable to the use of sodium fluoroacetate products, including the restrictions on the use of sodium fluoroacetate products ordered by the EPA Administrator. Applicators must also demonstrate practical knowledge and understanding of the specific use restrictions for sodium fluoroacetate in the livestock protection collar, including where and when sodium fluoroacetate products can be used, safe handling and placement of collars, and practical treatment of sodium fluoroacetate poisoning in humans and domestic animals. Applicators must also demonstrate practical knowledge and understanding of specific requirements for field posting, monitoring, recordkeeping, proper storage of collars, disposal of punctured or leaking collars, disposal of contaminated animal remains, vegetation, soil, and clothing, and reporting of suspected and actual poisoning, mishap, or injury to threatened or endangered species, humans, domestic animals, or non-target wild animals.
(d) Soil fumigation. In addition to satisfying the requirements in paragraph (a) of this section, private applicators that use or supervise the use of a restricted use pesticide to fumigate soil must demonstrate practical knowledge of the pest problems and pest control practices associated with performing soil fumigant applications, including all the following:
(1) Label and labeling comprehension. Familiarity with the pesticide labels and labeling for products used to perform 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 noncertified applicators using fumigants under the direct supervision of certified applicators.
(iii) Entry-restricted period for different tarped and untarped field application scenarios.
(iv) Recordkeeping requirements imposed by product labels and labeling.
(v) Labeling provisions unique to products containing certain active ingredients.
(vi) 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.
(2) Safety. Measures to minimize adverse health effects, including all of the following:
(i) Understanding how certified applicators, noncertified applicators using fumigants under the direct supervision of certified applicators, field workers, 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 fumigant.
(ix) Labeling requirements for transportation, storage, spill cleanup, and emergency response for soil fumigants, including safe disposal of containers and contaminated soil, and management of empty containers.
(3) Soil fumigant chemical characteristics. Characteristics of soil fumigants, including all of the following:
(i) Chemical characteristics of soil fumigants.
(ii) Specific human exposure concerns for soil fumigants.
(iii) How soil fumigants change from a liquid or solid to a gas.
(iv) How soil fumigants disperse in the application zone.
(v) Compatibility concerns for tanks, hoses, tubing, and other equipment.
(4) 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 soil fumigant.
(ii) Site characteristics that influence fumigant exposure.
(iii) Understanding temperature inversions and their impact on soil fumigant application.
(iv) Weather conditions that could impact timing of soil fumigant application, such as air stability, air temperature, humidity, and wind currents, and labeling statements limiting applications during specific weather conditions.
(v) Conducting pre-application inspection of application equipment.
(vi) Understanding the purpose and methods of soil sealing, including the factors that determine which soil 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 soil fumigant application equipment.
(5) 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.
(ii) Factors that influence gaseous movement through the soil profile 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 they can be controlled with soil fumigation.
(v) Understanding the relationship between pest density and application rate.
(vi) The importance of proper application depth and timing.
(6) 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 soil fumigants and how to use them properly, including medical evaluation, fit testing, and required replacement of cartridges and canisters.
(iv) Labeling requirements and other laws applicable to medical evaluation for respirator use, fit tests, training, and recordkeeping.
(7) Fumigant management plans and post-application summaries. Information about fumigant management plans, 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.
(iv) The elements, purpose and content of a post-application summary, who must prepare it, and when it must be completed.
(8) Buffer zones and posting requirements. Understanding buffer zones and posting requirements, including all of the following:
(i) Buffer zones and the buffer zone period.
(ii) Identifying who may be 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.
(vi) Proper choice and placement of warning signs.
(e) Non-soil fumigation. In addition to satisfying the requirements in paragraph (a) of this section, private applicators that use or supervise the use of a restricted use pesticide to fumigate anything other than soil must demonstrate practical knowledge of the pest problems and pest control practices associated with performing fumigation applications to sites other than soil, including all the following:
(1) Label and labeling comprehension. Familiarity with the pesticide labels and labeling for products used to perform non-soil fumigation, including labeling requirements specific to non-soil fumigants.
(2) Safety. Measures to minimize adverse health effects, including all of the following:
(i) Understanding how certified applicators, 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) When air concentrations of a fumigant triggers handlers to wear respirators or to exit the work area entirely.
(v) Steps to take if a person using a fumigant 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 fumigant.
(ix) Labeling requirements for transportation, storage, spill clean up, and emergency response for non-soil fumigants, including safe disposal of containers and contaminated materials, and management of empty containers.
(3) Non-soil fumigant chemical characteristics. Characteristics of non-soil fumigants, including all of the following:
(i) Chemical characteristics of non-soil fumigants.
(ii) Specific human exposure concerns for non-soil fumigants.
(iii) How fumigants change from a liquid or solid to a gas.
(iv) How fumigants disperse in the application zone.
(v) Compatibility concerns for tanks, hoses, tubing, and other equipment.
(4) Application. Selecting appropriate application methods and timing, including all of the following:
(i) Application methods and equipment commonly used for non-soil fumigation.
(ii) Site characteristics that influence fumigant exposure.
(iii) Conditions that could impact timing of non-soil fumigant application, such as air stability, air temperature, humidity, and wind currents, and labeling statements limiting applications when specific conditions are present.
(iv) Conducting pre-application inspection of application equipment and the site to be fumigated.
(v) Understanding the purpose and methods of sealing the area to be fumigated, including the factors that determine which sealing method to use.
(vi) Calculating the amount of product required for a specific treatment area.
(vii) Understanding the basic techniques for calibrating non-soil fumigant application equipment.
(viii) Understanding when and how to conduct air monitoring and when it is required.
(5) Pest factors. Pest factors that influence fumigant activity, including all of the following:
(i) Influence of pest factors on fumigant volatility.
(ii) Factors that influence gaseous movement through the area being fumigated and into the air.
(iii) Identifying pests causing the damage and verifying they can be controlled with fumigation.
(iv) Understanding the relationship between pest density and application rate.
(v) The importance of proper application rate and timing.
(6) 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 soil fumigants and how to use them properly, including medical evaluation, fit testing, and required replacement of cartridges and canisters.
(iv) Labeling requirements and other laws applicable to medical evaluation for respirator use, fit tests, training, and recordkeeping.
(7) 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.
(iv) The elements, purpose and content of a post-application summary, who must prepare it, and when it must be completed.
(8) Posting requirements. 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.
(iii) Proper choice and placement of warning signs.
(f) Aerial pest control. In addition to satisfying the requirements in paragraph (a) of this section, private applicators that use or supervise the use of restricted use pesticides applied by fixed or rotary wing aircraft must demonstrate practical knowledge of the pest problems and pest control practices associated with performing aerial application, including all the following:
(1) Labeling. Labeling requirements and restrictions specific to aerial application of pesticides including:
(i) Spray volumes.
(ii) Buffers and no-spray zones.
(iii) Weather conditions specific to wind and inversions.
(iv) Labeling-mandated recordkeeping requirements for aerial pesticide applications including application conditions if applicable.
(2) Application equipment. Understand 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.
(xi) When to adjust and calibrate application equipment.
(3) 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.
(iii) The potential impact of thermals and temperature inversions on aerial pesticide application.
(4) 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.
(iv) Documenting special equipment configurations or flight patterns used to reduce off-target pesticide drift.
(5) 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.
(g) Private applicator minimum age. A private applicator must be at least 18 years old.
(h) Private applicator competency. The competency of each candidate for private applicator certification must be established by the certifying authority based upon the certification standards set forth in paragraphs (a) through (g) of this section in order to assure that private applicators have the competency to use and supervise the use of restricted use pesticides in accordance with applicable State, Tribal, and Federal laws and regulations. The certifying authority must use either a written examination process as described in paragraph (h)(1) of this section or a non-examination training process as described in paragraph (h)(2) of this section to assure the competency of private applicators in regard to the general certification standards applicable to all private applicators outlined in paragraph (a) of this section, and, if applicable, the specific standards for the each of the categories outlined in paragraphs (b) through (f) of this section in which a private applicator is to be certified.
(1) Determination of competency by examination. If the certifying authority uses an examination process to determine the competency of private applicators, the examination process must meet all of the requirements of § 171.103(a)(2).
(2) Training for competency without examination. Any candidate for certification as a private applicator may complete a training program approved by the certifying authority to establish competency. A training program to establish private applicator competency must conform to all of the following criteria:
(i) Identification. Each person seeking certification must present a valid, government-issued photo identification, or other form of similarly reliable identification authorized by the certifying authority, to the certifying authority or designated representative as proof of identity and age at the time of the training program to be eligible for certification.
(ii) Training programs for private applicator general certification and category certification.
(A) The training program for general private applicator certification must cover the competency standards outlined in paragraph (a) of this section in sufficient detail to allow the private applicator to demonstrate practical knowledge of the principles and practices of pest control and proper and effective use of restricted use pesticides.
(B) The training program for each relevant category for private applicator certification must cover the competency standards outlined in paragraphs (b) through (f) of this section in sufficient detail to allow the private applicator to demonstrate practical knowledge of the principles and practices of pest control and proper and effective use of restricted use pesticides for each category in which he or she intends to apply restricted use pesticides, and must be in addition to the training program required for general private applicator certification.
(i) Exceptions. The requirements in § 171.105(a)-(h) of this part do not apply to the following persons:
(1) Persons conducting laboratory research involving restricted use pesticides.
(2) Doctors of Medicine and Doctors of Veterinary Medicine applying restricted use pesticides to patients during the course of the ordinary practice of those professions.