[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: 40CFR171.4]



[Page 237-241]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 171_CERTIFICATION OF PESTICIDE APPLICATORS--Table of Contents

 

Sec.  171.4  Standards for certification of commercial applicators.



    (a) Determination of competency. Competence in the use and handling 

of pesticides shall be determined on the basis of written examinations, 

and, as appropriate, performance testing, based upon standards set forth 

below and which are approved by the Administrator. Such examination and 

testing shall include the general standards applicable to all categories 

(Sec.  171.4(b)) and the additional standards specifically identified 

for each category or subcategory (if any) in which an applicator is to 

be classified (Sec.  171.4(c)). State standards must conform and be at 

least equal to those prescribed herein. In developing the details of 

standards at the State



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level and in structuring examinations, it is important to recognize and 

reflect the extent of competency appropriate and necessary to a 

particular category.

    (b) General standards for all categories of certified commercial 

applicators. (1) All commercial applicators shall demonstrate practical 

knowledge of the principles and practices of pest control and safe use 

of pesticides. Testing shall be based on examples of problems and 

situations appropriate to the particular category or subcategory of the 

applicator's certification and the following areas of competency:

    (i) Label & labeling comprehension. (a) The general format and 

terminology of pesticide labels and labeling;

    (b) The understanding of instructions, warnings, terms, symbols, and 

other information commonly appearing on pesticide labels;

    (c) Classification of the product, general or restricted; and

    (d) Necessity for use consistent with the label.

    (ii) Safety. Factors including:

    (a) Pesticide toxicity and hazard to man and common exposure routes;

    (b) Common types and causes of pesticide accidents;

    (c) Precautions necessary to guard against injury to applicators and 

other individuals in or near treated areas;

    (d) Need for and use of protective clothing and equipment;

    (e) Symptoms of pesticide poisoning;

    (f) First aid and other procedures to be followed in case of a 

pesticide accident; and

    (g) 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.

    (iii) Environment. The potential environmental consequences of the 

use and misuse of pesticides as may be influenced by such factors as:

    (a) Weather and other climatic conditions;

    (b) Types of terrain, soil or other substrate;

    (c) Presence of fish, wildlife and other non-target organisms; and

    (d) Drainage patterns.

    (iv) Pests. Factors such as: (a) Common features of pest organisms 

and characteristics of damage needed for pest recognition;

    (b) Recognition of relevant pests; and

    (c) Pest development and biology as it may be relevant to problem 

identification and control.

    (v) Pesticides. Factors such as:

    (a) Types of pesticides;

    (b) Types of formulations;

    (c) Compatibility, synergism, persistence and animal and plant 

toxicity of the formulations;

    (d) Hazards and residues associated with use;

    (e) Factors which influence effectiveness or lead to such problems 

as resistance to pesticides; and

    (f) Dilution procedures.

    (vi) Equipment. Factors including: (a) Types of equipment and 

advantages and limitations of each type; and

    (b) Uses, maintenance and calibration.

    (vii) Application techniques. Factors including:

    (a) Methods of procedure used to apply various formulations of 

pesticides, solutions, and gases, together with a knowledge of which 

technique of application to use in a given situation;

    (b) Relationship of discharge and placement of pesticides to proper 

use, unnecessary use, and misuse; and

    (c) Prevention of drift and pesticide loss into the environment.

    (viii) Laws and regulations. Applicable State and Federal laws and 

regulations.

    (c) Specific standards of competency for each category of commercial 

applicators. Some of the factors referenced in paragraph (b) of this 

section are of particular importance because of the different types of 

activities carried out by applicators in each category. Such factors 

must be especially stressed and specifically reflected in State 

certification standards, as appropriate. For example, practical 

knowledge of drift problems should be required of agricultural 

applicators but not of seed treatment applicators. The latter, however, 

should be particularly knowledgeable of the hazards of the misuse of 

treated seed and the necessary precautionary techniques. Many 

applicators in Sec.  171.3(b) (8), (9), and (10) will have had



[[Page 239]]



considerable formal education, training and experience in preparation 

for their positions. Their competency with respect to the use and 

handling of pesticides will have been determined by examining boards of 

their professional scientific societies utilizing standards which equal 

or exceed those prescribed herein. Such standards should be consulted by 

States in developing their State standards for certification of such 

applicators under these regulations. Commercial applicators in each 

category shall be particularly qualified with respect to the practical 

knowledge standards elaborated below:

    (1) Agricultural pest control--(i) Plant. Applicators must 

demonstrate practical knowledge of crops grown and the specific pests of 

those crops on which they may be using restricted use pesticides. The 

importance of such competency is amplified by the extensive areas 

involved, the quantities of pesticides needed, and the ultimate use of 

many commodities as food and feed. Practical knowledge is required 

concerning soil and water problems, pre-harvest intervals, re-entry 

intervals, phytotoxicity, and potential for environmental contamination, 

non-target injury and community problems resulting from the use of 

restricted use pesticides in agricultural areas.

    (ii) Animal. Applicators applying pesticides directly to animals 

must demonstrate practical knowledge of such animals and their 

associated pests. A practical knowledge is also required concerning 

specific pesticide toxicity and residue potential, since host animals 

will frequently be used for food. Further, the applicator must know the 

relative hazards associated with such factors as formulation, 

application techniques, age of animals, stress and extent of treatment.

    (2) Forest pest control. Applicators shall demonstrate practical 

knowledge of types of forests, forest nurseries, and seed production in 

their State and the pests involved. They should possess practical 

knowledge of the cyclic occurrence of certain pests and specific 

population dynamics as a basis for programming pesticide applications. A 

practical knowledge is required of the relative biotic agents and their 

vulnerability to the pesticides to be applied. Because forest stands may 

be large and frequently include natural aquatic habitats and harbor 

wildlife, the consequences of pesticide use may be difficult to assess. 

The applicator must therefore demonstrate practical knowledge of control 

methods which will minimize the possibility of secondary problems such 

is unintended effects on wildlife. Proper use of specialized equipment 

must be demonstrated, especially as it may relate to meteorological 

factors and adjacent land use.

    (3) Ornamental and turf pest control. Applicators shall demonstrate 

practical knowledge of pesticide problems associated with the production 

and maintenance of ornamental trees, shrubs, plantings, and turf, 

including cognizance of potential phytotoxicity due to a wide variety of 

plant material, drift, and persistence beyond the intended period of 

pest control. Because of the frequent proximity of human habitations to 

application activities, applicators in this category must demonstrate 

practical knowledge of application methods which will minimize or 

prevent hazards to humans, pets, and other domestic animals.

    (4) Seed-treatment. Applicators shall demonstrate practical 

knowledge of types of seeds that require chemical protection against 

pests and factors such as seed coloration, carriers, and surface active 

agents which influence pesticide binding and may affect germination. 

They must demonstrate practical knowledge of hazards associated with 

handling, sorting and mixing, and misuse of treated seed such as 

introduction of treated seed into food and feed channels, as well as 

proper disposal of unused treated seeds.

    (5) Aquatic pest control. Applicators shall demonstrate practical 

knowledge of the secondary effects which can be caused by improper 

application rates, incorrect formulations, and faulty application of 

restricted use pesticides used in this category. They shall demonstrate 

practical knowledge of various water use situations and the potential of 

downstream effects. Further, they must have practical knowledge 

concerning potential pesticide effects on plants, fish, birds, 

beneficial insects and other organisms which may be present in aquatic 

environments. These



[[Page 240]]



applicators shall demonstrate practical knowledge of the principles of 

limited area application.

    (6) Right-of-way pest control. Applicators shall demonstrate 

practical knowledge of a wide variety of environments, since rights-of-

way can traverse many different terrains, including waterways. They 

shall demonstrate practical knowledge of problems on runoff, drift, and 

excessive foliage destruction and ability to recognize target organisms. 

They shall also demonstrate practical knowledge of the nature of 

herbicides and the need for containment of these pesticides within the 

right-of-way area, and the impact of their application activities in the 

adjacent areas and communities.

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

control. Applicators must demonstrate a practical knowledge of a wide 

variety of pests, including their life cycles, types of formulations 

appropriate for their control, and methods of application that avoid 

contamination of food, damage and contamination of habitat, and exposure 

of people and pets. Since human exposure, including babies, children, 

pregnant women, and elderly people, is frequently a potential problem, 

applicators must demonstrate practical knowledge of the specific factors 

which may lead to a hazardous condition, including continuous exposure 

in the various situations encountered in this category. Because health 

related pest control may involve outdoor applications, applicators must 

also demonstrate practical knowledge of environmental conditions, 

particularly related to this activity.

    (8) Public health pest control. Applicators shall demonstrate 

practical knowledge of vector-disease transmission as it relates to and 

influences application programs. A wide variety of pests is involved, 

and it is essential that they be known and recognized, and appropriate 

life cycles and habitats be understood as a basis for control strategy. 

These applicators shall have practical knowledge of a great variety of 

environments ranging from streams to those conditions found in 

buildings. They should also have practical knowledge of the importance 

and employment of such non-chemical control methods as sanitation, waste 

disposal, and drainage.

    (9) Regulatory pest control. Applicators shall demonstrate practical 

knowledge of regulated pests, applicable laws relating to quarantine and 

other regulation of pests, and the potential impact on the environment 

of restricted use pesticides used in suppression and eradication 

programs. They shall demonstrate knowledge of factors influencing 

introduction, spread, and population dynamics of relevant pests. Their 

knowledge shall extend beyond that required by their immediate duties, 

since their services are frequently required in other areas of the 

country where emergency measures are invoked to control regulated pests 

and where individual judgments must be made in new situations.

    (10) Demonstration and research pest control. Persons demonstrating 

the safe and effective use of pesticides to other applicators and the 

public will be expected to meet comprehensive standards reflecting a 

broad spectrum of pesticide uses. Many different pest problems 

situations will be encountered in the course of activities associated 

with demonstration, and practical knowledge of problems, pests, and 

population levels occurring in each demonstration situation is required. 

Further, they should demonstrate an understanding of a pesticide-

organism interactions and the importance of integrating pesticide use 

with other control methods. In general, it would be expected that 

applicators doing demonstration pest control work possess a practical 

knowledge of all of the standards detailed in Sec.  171.4(b). In 

addition, they shall meet the specific standards required for paragraphs 

(c) (1) through (7) of this section as may be applicable to their 

particular activity.



Persons conducting field research or method improvement work with 

restricted use pesticides should be expected to know the general 

standards detailed in 171.4(b). In addition, they shall be expected to 

know the specific standards required for paragraphs (c) (1) through (9) 

of this section, applicable to their particular activity, or 

alternatively, to meet the more inclusive requirements listed under 

``Demonstration.''



[[Page 241]]



    (d) Special standards. This space reserved for possible issuance of 

Special Standards.

    (e) The above standards do not apply to the following persons for 

purposes of these regulations. (1) Persons conducting laboratory type 

research involving restricted use pesticides; and

    (2) Doctors of Medicine and Doctors of Veterinary Medicine applying 

pesticides as drugs or medication during the course of their normal 

practice.