3 Del. Admin. Code § 601-7.0

Current through Register Vol. 28, No. 4, October 1, 2024

Section 601-7.0 - Categorization of Commercial Applicators (Adopted from 40 CFR Section 171.101 with the exception of (k) and (l))

7.1 Agricultural Pest Control Category

7.1.1 Agricultural Plant (1A) - This subcategory includes commercial applicators using or supervising the use of pesticides in the production of agricultural crops, including without limiting the following: feed grains, soybeans, forage, vegetables, small fruits and tree fruits; as well as on grasslands and non-crop agricultural lands.

7.1.2 Agricultural Animal (1B) - This subcategory includes commercial applicators using or supervising the use of pesticides on 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, or publicly holding themselves out as pesticide applicators or engaged in large scale use are included in this category.

7.1.3 Fumigation of Soil and Agricultural Products (1C) - This subcategory includes commercial applicators using or supervising the use of pesticides for soil fumigation in the production of an agricultural commodity and/or for fumigation of agricultural products in storage or transit.

7.2 Forest Pest Control Category (02).

This category includes commercial applicators using or supervising the use of pesticides in forests, forest nurseries, and forest seed producing areas.

7.3 Ornamental and Turf Pest Control Category (03).

This category includes commercial applicators using or supervising the use of pesticides to control pests in the maintenance and production of ornamental trees, shrubs, flowers and turf.

7.4 Seed Treatment Category (04).

This category includes commercial applicators using or supervising use of pesticides on seeds.

7.5 Aquatic Pest Control Category

7.5.1 Aquatic Weed (5A) - This subcategory includes commercial applicators using or supervising the use of any pesticide purposefully applied to standing or running water, excluding applicators engaged in public health related activities.

7.5.2 Antifouling Paint (5B) - This subcategory includes commercial applicators using or supervising the use of any anti-fouling paints for the protection of boat hulls. This subcategory also includes applicators using or supervising the use of anti-fouling paints on containers that they sell, lease, or use for the purpose of harvesting shellfish.

7.5.3 Mosquito Control (5C) - This subcategory includes applicators using or supervising the use of pesticides for the management and control of mosquitoes.

7.6 Right-of-way Pest Control Category (06).

This category includes commercial applicators using or supervising the use of pesticides in the maintenance of roads, electric power lines, pipelines, railway rights-of-way or similar areas.

7.7 Industrial, Institutional, Structural and Health Related Pest Control Category.

This category includes commercial applicators using or supervising the use of pesticides in, on, or around food handling establishments, including warehouses and grain elevators, and any other structures and adjacent areas, public or private; human dwellings, institutions, such as schools and hospitals, industrial establishments; and for the protection of stored, processed or manufactured products. This category contains the following subcategories:

7.7.1 General Pest Control (7A). This subcategory includes commercial applicators who use or supervise the use of pesticides to control household pests, including pests that infest structures, stored products, and residential food preparation areas, and pests that infest or contaminate food and any stage of processing in food processing facilities. This includes treatment of food processing areas and control of vertebrate structural invaders. This category does not include control of wood-destroying pests, or the use of fumigants.

7.7.2 Wood Destroying Pest Control (7B). This subcategory includes commercial applicators using or supervising the use of pesticides, other than fumigants, in or around structures for the prevention, suppression, or control of wood destroying organisms.

7.7.3 Fumigation Pest Control (non-agricultural) (7C). This subcategory includes commercial applicators using or supervising the use of fumigant pesticides to control pests in structures other than soils and agricultural products/commodities.

7.7.4 Wood Preservatives (7D). This subcategory includes commercial applicators using or supervising the use of pesticides for the preservation of wood or wood products. This would include the pressure treatments, non-pressure treatments, or brush-on applications with wood preservatives.

7.7.5 Institutional and Maintenance Pest Control (7E). Except as otherwise provided in these regulations, this subcategory includes any individual using pesticides on a property they own, or are employed or otherwise engaged to maintain, including janitors, general maintenance personnel, sanitation personnel, and grounds maintenance personnel. This subcategory does not include private applicators as defined in Section 9.0 below, individuals who use anti-microbial pesticides, or individuals who use pesticides which are not classified as "restricted use pesticides" in or around their dwelling.

7.7.6 Cooling Tower Pest Control (7F). This subcategory includes commercial applicators using or supervising the use of pesticides to control microbial and other pests in cooling towers or related areas.

7.7.7 Miscellaneous Pest Control (7G). This subcategory includes commercial applicators using or supervising the use of pesticides in a category not previously covered in these regulations.

7.8 Public Health Pest Control Category (08). This category includes, but is not limited to, State, Federal and other governmental employees who use or supervise the use of pesticides in public health programs for the management and control of pests having medical or public health importance.

7.9 Regulatory Pest Control Category (09). This category includes State, Federal and other governmental employees who use or supervise the use of restricted use pesticides in the control of regulated pests.

7.10 Demonstration and Research Pest Control Category (10).

This category includes:

7.10.1 Applicators who demonstrate to the public the proper use and technique of application of a restricted use pesticide or supervises the demonstrations. This may include:

7.10.1.1 Extension specialists and county agents;

7.10.1.2 Commercial representatives demonstrating pesticide products;

7.10.1.3 Demonstration methods for public programs.

7.10.2 Applicators conducting field research with pesticides, and in doing so, use or supervise the use of restricted use pesticides. This includes State, Federal, commercial, and other applicators conducting field research when utilizing pesticides.

7.11 Aerial Pest Control Category (11). This category is applicable to individuals who apply any pesticide from an aircraft. This category is valid for licensure of commercial applicators for treatment sites that may legally (according to product label direction) be treated by aerial application.

3 Del. Admin. Code § 601-7.0

2 DE Reg. 1380 (02/01/99)
7 DE Reg. 1674 (06/01/04)
26 DE Reg. 1050 (6/1/2023) (Final)