[Code of Federal Regulations]
[Title 40, Volume 23]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR171.3]

[Page 271-272]
 
                   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 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

[[Page 272]]

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.