[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: 40CFR171.5]



[Page 241]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 171_CERTIFICATION OF PESTICIDE APPLICATORS--Table of Contents

 

Sec.  171.5  Standards for certification of private applicators.



    (a) Competence in the use and handling of pesticides by a private 

applicator will be determined by procedures set forth below. State 

standards must conform and be at least equal to those prescribed herein. 

As a minimum requirement for certification, a private applicator must 

show that he possesses a practical knowledge of the pest problems and 

pest control practices associated with his agricultural operations; 

proper storage, use, handling and disposal of the pesticides and 

containers; and his related legal responsibility. This practical 

knowledge includes ability to:

    (1) Recognize common pests to be controlled and damage caused by 

them.

    (2) Read and understand the label and labeling information--

including the common name of pesticides he applied; pest(s) to be 

controlled, timing and methods of application; safety precautions; any 

pre-harvest or re-entry restrictions; and any specific disposal 

procedures.

    (3) Apply pesticides in accordance with label instructions and 

warnings, including the ability to prepare the proper concentration of 

pesticide to be used under particular circumstances taking into account 

such factors as area to be covered, speed at which application equipment 

will be driven, and the quantity dispersed in a given period of 

operation.

    (4) Recognize local environmental situations that must be considered 

during application to avoid contamination.

    (5) Recognize poisoning symptoms and procedures to follow in case of 

a pesticide accident.

    (b) Such competence of each private applicator shall be verified by 

the responsible State agency through the administration of a private 

applicator certification system which ensures that the private 

applicator is competent, based upon the standards set forth above, to 

use the restricted use pesticides under limitations of applicable State 

and Federal laws and regulations. A certification system shall employ a 

written or oral testing procedure, or such other equivalent system as 

may be approved as part of a State plan.

    (1) In any case where a person, at the time of testing for 

certification, is unable to read a label, the responsible State agency 

may employ a testing procedure, previously approved by the 

Administrator, which can adequately assess the competence of such person 

with regard to all of the above standards. Certification must be related 

and limited to the use and handling of each individual pesticide for 

which he desires certification at any time. Therefore, the applicator 

will be authorized to use only the pesticide(s) for which he has 

demonstrated competence. A specific procedure is required for Sec.  

171.5(a)(2) relating to label comprehension, with testing designed to 

assure his knowledge of the following:

    (i) Understanding of the label and labeling information including 

those items indicated in that subsection.

    (ii) Sources of advice and guidance necessary for the safe and 

proper use of each pesticide related to his certification.

    (2) [Reserved]