[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: 40CFR171.4]

[Page 272-275]
 
                   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 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;

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    (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 
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

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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 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

[[Page 275]]

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.''
    (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.