[Code of Federal Regulations]

[Title 40, Volume 23]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR171.3]



[Page 236-237]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 171_CERTIFICATION OF PESTICIDE APPLICATORS--Table of Contents

 

Sec.  171.3  Categorization of commercial applicators of pesticides.



    (a) Procedure. Categories of applicators (other than private) using 

or supervising the use of restricted use pesticides are identified 

below. State systems of applicator identification shall adopt these 

categories as needed, along with such appropriate subcategories as are 

necessary to meet the particular requirements of the State.

    (b) Categories--(1) Agricultural pest control--(i) Plant. This 

category includes commercial applicators using or supervising the use of 

restricted use pesticides in production of agricultural crops, including 

without limiting the foregoing, tobacco, peanuts, cotton, feed grains, 

soybeans and forage; vegetables; small fruits; tree fruits and nuts; as 

well as on grasslands and non-crop agricultural lands.

    (ii) Animal. This category includes commercial applicators using or 

supervising the use of restricted use pesticides on animals, including 

without



[[Page 237]]



limiting the foregoing, beef cattle, dairy cattle, swine, sheep, horses, 

goats, poultry, and livestock, 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 category.

    (2) Forest pest control. This category includes commercial 

applicators using or supervising the use of restricted use pesticides in 

forests, forest nurseries, and forest seed producing areas.

    (3) Ornamental and turf pest control. 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.

    (4) Seed treatment. This category includes commercial applicators 

using or supervising the use of restricted use pesticides on seeds.

    (5) Aquatic pest control. This category 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 

below.

    (6) Right-of-way pest control. This category includes commercial 

applicators using or supervising the use of restricted use pesticides in 

the maintenance of public roads, electric powerlines, pipelines, railway 

rights-of-way or other similar areas.

    (7) Industrial, institutional, structural and health related pest 

control. This category includes commercial applicators using or 

supervising the use of restricted use pesticides 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 areas, public or 

private; and for the protection of stored, processed, or manufactured 

products.

    (8) Public health pest control. This category includes State, 

Federal or other governmental employees 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) Regulatory pest control. This category includes State, Federal 

or other governmental employees who use or supervise the use of 

restricted use pesticides in the control of regulated pests.

    (10) Demonstration and research pest control. This category 

includes: (i) individuals who demonstrate to the public the proper use 

and techniques of application of restricted use pesticides or supervise 

such demonstration, and (ii) persons conducting field research with 

pesticides, and in doing so, use or supervise the use of restricted use 

pesticides. Included in the first group are such persons as extension 

specialists and county agents, commercial representatives demonstrating 

pesticide products, and those individuals demonstrating methods used in 

public programs. The second group includes: State, Federal, commercial 

and other persons conducting field research on or utilizing restricted 

use pesticides.

    (c) Other categories and subcategories. Any State submitting a plan 

pursuant to this section for the certification of applicators, as 

provided for below, may designate such subcategories within the above 10 

categories as it deems necessary. In addition, a State may delete a 

category not needed or may request the Administrator's approval of 

additional major categories.