3 Del. Admin. Code § 601-8.0

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

Section 601-8.0 - Standards For Certification of Commercial Applicators

8.1 The Department adopts its own standards for Certification of Commercial Applicators and incorporates by reference the federal competency standards for soil fumigation, non-soil fumigation and aerial categories at 40 CFR 171.103.(d)(13), (14) and (15), respectively:

COMMERCIAL CERTIFICATION CATEGORIES Subchapter III, Certification of Applicators, §1217 (a) Relevant Subsection from 3 DE Admin. Code 601	DESCRIPTION OF CATEGORY	CLOSEST COMPARABLE EPA CATEGORY 40 CFR 171.101 §	STATE STANDARD CITATION Relevant Subsection from 3 DE Admin. Code 601
Agricultural Pest Control (1A) Agricultural Plant 7.1.1	This subcategory includes commercial applicators using or supervising the use of pesticides in the production of agricultural crops, including the following: grains, soybeans, forage, vegetables, small fruits and tree fruits; as well as on grasslands and non-crop agricultural lands.	(a)(1) Agricultural Pest, Crop Pest Control	8.4.1 and 8.4.1.1
Agricultural Pest Control (1B) Agricultural Animal 7.1.2	This subcategory includes commercial applicators using or supervising the use of pesticides on animals, including swine, sheep, horses, goats, poultry and livestock, and to places on or in which animals are confined.	(a)(2) Agricultural Pest, Livestock Pest Control	8.4.1 and 8.4.1.2
Agricultural Pest Control (1C) Fumigation of Soils & Agricultural Commodities 7.1.3	This subcategory includes commercial applicators using or supervising the use of pesticides for soil fumigation in the production of an agricultural commodity or for fumigation of agricultural products in storage or transit.	(m) Soil fumigation; (n) Non-soil fumigation	8.4.1 and 8.4.1.3 IBR 40 CFR § 171.103(d), (13), (14)
(02) Forest Pest Control 7.2.1	This category includes commercial applicators using or supervising the use of pesticides in forests, forest nurseries, and forest seed producing areas.	(b) Forest pest Control	8.4.2
(03) Ornamental & Turf 7.2.2	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.	(c) Ornamental and turf	8.4.3
(04) Seed Treatment 7.2.3	This category includes commercial applicators using or supervising use of pesticides on seed treatment facilities.	(d) Seed treatment	8.4.4
Aquatic Pest Control (5A) Aquatic Weed 7.3.1	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.	(e) Aquatic Pest Control	8.4.5.1
Aquatic Pest Control (5B) Anti-fouling Paint 7.3.2	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.	(e) Aquatic Pest Control	8.4.5.2
Aquatic Pest Control (5C) Mosquito 7.3.3	This subcategory includes applicators using or supervising the use of pesticides for the management and control of mosquitoes.		8.4.5.3
(06) Right-of-Way 7.6 and 7.6.1	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.	(f) Right-of-way Pest Control	8.4.6
Industrial, Institutional, Structural and Health Related Pest Control 7.7.1	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 are-as, public or private; human dwellings, institutions, such as schools and hospitals, industrial establishments; and for the protection of stored, processed or manufactured products.	(g) Industrial, institutional and structural pest control.	8.4.7
Industrial, Institutional, Structural and Health Related (7A) General Pest Control 7.7.1.1	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.		8.4.7 and 8.4.7.1
Industrial, Institutional, Structural and Health Related (7B) Wood Destroying Pest Control 7.7.1.2	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.		8.4.7 and 8.4.7.2
1. Industrial, Institutional, Structural and Health Related (7C) Fumigation Pest Control (non-agricultural) 7.7.1.3	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.	(n) Non-soil fumigation	IBR 40 CFR § 171.103(d) (14)
Industrial, Institutional, Structural and Health Related (7D) Wood Preservatives 7.7.1.4	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.		8.4.7 and 8.4.7.4
Industrial, Institutional, Structural and Health-Related (7E) Institutional & Maintenance 7.7.1.5	Except as otherwise provided in subsection 21.1 of this regulation, this subcategory includes any applicator 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.		8.4.7 and 8.4.7.5
Industrial, Institutional, Structural and Health-Related (7F) Cooling Towers 7.7.1.6	This subcategory includes commercial applicators using or supervising the use of pesticides to control microbial and other pests in cooling towers and corresponding closed-system components.		8.4.7 and 8.4.7.6
(08) Public Health 7.8	This category includes 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.	(h) Public health pest control.	8.4.8
(09) Regulatory 7.9.	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.	(i) Regulatory pest control.	8.4.9.1 and 8.4.9.2
(10) Demonstration & Research Demonstration 7.10	This category includes: applicators who demonstrate to the public the proper use and technique of application of a restricted use pesticide or supervises demonstrations including extension specialists and county agents, commercial representatives demonstrating pesticide products, and those individuals demonstrating methods used in public programs. This category also includes applicators conducting field research with pesticides, and in doing so, use or supervise the use of restricted use pesticides including State, Federal, commercial and other applicators conducting field research when utilizing pesticides.	(j) Demonstration and research.	8.4.10.1. and 8.4.10.2
(11) Aerial Pest Control Proposed 7.11	40 CFR § 171.101(o)	(o) Aerial pest control.	IBR 40 CFR § 171.103(d)(15)

8.2 Determination of Competency

8.2.1 Competence in the use and handling of pesticides shall be determined on the basis of written examinations that conform to 40 CFR 171.103(a) and are based upon standards set forth below and which are approved by the Secretary. Examination and testing shall include the general standards applicable to all categories and the additional standards specifically identified for each category or subcategory (if any) in which an applicator is to be certified. All examinations shall be administered as closed book examinations.

8.2.2 Applicants for examination shall register at least 1 week before the scheduled examination date.

8.2.3 Exams shall be scheduled quarterly during the calendar year and shall be given at times and places directed by the Secretary.

8.2.4 Correctly answering 70% or more of the questions shall be considered to be satisfactory evidence of competence.

8.2.5 Failure to answer at least 70% of the questions correctly shall be grounds for denial of certification. Applicant may apply for 1 reexamination scheduled at least 45 days after their initial examination. No applicant shall be permitted to be examined in the same category or subcategory more than twice in any 12-month period.

8.3 General Standards For All Categories Of Certified Commercial Applicators

8.3.1 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:

8.3.1.1 Label and Labeling Comprehension

8.3.1.1.1 The general format and terminology of pesticide labels and labeling;

8.3.1.1.2 The understanding of instructions, warnings, terms, symbols, and other information commonly appearing on pesticide labels;

8.3.1.1.3 Understanding the classification of the product, general or restricted; that a product may be unclassified; and the necessity for use consistent with the label;

8.3.1.1.4 Understanding that it is a violation of federal law to use any registered pesticide in a manner inconsistent with its labeling;

8.3.1.1.5 Understanding labeling requirements that a certified applicator must be physically present at the site of the application;

8.3.1.1.6 Understanding labeling requirements for supervising non-certified applicators working under the direct supervision of a certified applicator;

8.3.1.1.7 Understanding that applicators must comply with all restrictions and directions for use contained in pesticide labels and labeling, including being certified in the certification category appropriate to the site and type of application;

8.3.1.1.8 Understanding and complying with product specific notification requirements;

8.3.1.1.9 Recognizing and understanding the difference between mandatory and advisory labeling language.

8.3.1.2 Safety

8.3.1.2.1 Pesticides toxicity and hazard to man and common exposure routes;

8.3.1.2.2 Common types and causes of pesticides accidents;

8.3.1.2.3 Precautions necessary to guard against injury to applicators and other individuals in or near treated area;

8.3.1.2.4 Need for and use of protective clothing and equipment;

8.3.1.2.5 Symptoms of pesticide poisoning;

8.3.1.2.6 First aid and other procedures to be followed in case of a pesticide accident; and

8.3.1.2.7 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.

8.3.1.3 Environment

8.3.1.3.1 The potential environmental consequences of the use and misuse of pesticides as may be influenced by factors such as:

8.3.1.3.1.1 Weather and other climatic conditions;

8.3.1.3.1.2 Types of terrain, soil or other substrate;

8.3.1.3.1.3 Presence of fish, wildlife and other non-target organisms; and

8.3.1.3.1.4 Drainage patterns.

8.3.1.4 Pests

8.3.1.4.1 Factors such as:

8.3.1.4.1.1 The importance of correctly identifying target pests and selecting the proper pesticide product for effective pest control;

8.3.1.4.1.2 Verifying that the labeling does not prohibit the use of the product to control that target pest.

8.3.1.4.1.3 Pest development and biology as it may be relevant to problem identification and control.

8.3.1.5 Pesticides

8.3.1.5.1 Factors such as:

8.3.1.5.1.1 Types of pesticides;

8.3.1.5.1.2 Types of formulations;

8.3.1.5.1.3 Compatibility, synergism, persistence and animal and plant toxicity of the formulations;

8.3.1.5.1.4 Hazards and residues associated with use;

8.3.1.5.1.5 Factors which influence effectiveness or lead to problems such as resistance to pesticides; and,

8.3.1.5.1.6 Dilution procedures.

8.3.1.6 Equipment

8.3.1.6.1 Factors including:

8.3.1.6.1.1 Types of equipment and advantages and limitations of each type; and

8.3.1.6.1.2 Uses, maintenance and calibration.

8.3.1.7 Application Techniques

8.3.1.7.1 Factors including:

8.3.1.7.1.1 Methods or procedures 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, and that use of a fumigant or aerial application requires additional certification;

8.3.1.7.1.2 Relationship of discharge and placement of pesticides to proper use, unnecessary use, and misuse; and

8.3.1.7.1.3 Prevention of drift and pesticide loss into the environment.

8.3.1.8 Laws and Regulations

8.3.1.8.1 Factors including:

8.3.1.8.1.1 Applicable State and Federal laws and regulations.

8.3.1.9 Responsibilities of supervisors of noncertified applicators

8.3.1.9.1 Knowledge of the responsibilities of certified applicators supervising noncertified applicators;

8.3.1.9.2 Understanding and complying with requirements in 40 CFR 171.201 for certified commercial applicators using restricted use pesticides;

8.3.1.9.3 The recordkeeping requirements of pesticide safety training for noncertified applicators who use restricted use pesticides under the direct supervision of a certified applicator;

8.3.1.9.4 Providing use-specific instructions to noncertified applicators using restricted use pesticides under the direct supervision of a certified applicator;

8.3.1.9.5 Explaining pertinent State, Tribal, and Federal laws and regulations to noncertified applicators who use restricted use pesticides under the direct supervision of a certified applicator.

8.3.1.10 Professionalism

8.3.1.10.1 Maintaining chemical security for restricted use pesticides;

8.3.1.10.2 How to communicate information about pesticide exposures and risks with customers and the public;

8.2.1.10.3 Appropriate product stewardship for certified applicators.

8.4 Specific Standards for Competency for Each Category of Commercial Applicators. Some of the factors referenced in this subsection are of particular importance because of the different types of activities carried out by the applicators in each category. For example, practical knowledge of drift problems should be required of agricultural applicators but not seed treatment applicators. The latter, however, should be particularly knowledgeable of the hazards of the misuse of treated seed and the necessary precautionary techniques. Commercial applicators in each category shall be particularly qualified with respect to the practical knowledge standards elaborated below.

8.4.1 Agricultural Pest Control Category

8.4.1.1 Agricultural Plant Pest Control Subcategory.

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 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.

8.4.1.2 Agricultural Animal Pest Control Subcategory.

Applicators applying pesticides directly to animals must demonstrate practical knowledge of 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 factors such as formulation, application techniques, age of animals, stress and extent of treatment.

8.4.1.3 Fumigation of Soil and Agricultural Products Subcategory. Applicators must demonstrate knowledge of application techniques appropriate to soil fumigation and agricultural product fumigation. This includes the use of personal protective clothing and equipment, and general safety procedures such as posting, reentry, aeration, and accident procedures.

8.4.2 Forest Pest Control Category.

Applicators shall demonstrate practical knowledge of types of forests, forest nurseries, and forest seed production in Delaware 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 as unintended effects on wildlife. Proper use of specialized equipment must be demonstrated, especially as it may relate to meteorological factors and adjacent land use.

8.4.3 Ornamental and Turf Pest Control Category.

Applicators shall demonstrate knowledge of pesticide problems associated with the production and maintenance of ornamental trees, shrubs, plantings, and turf, including cognizance of 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.

8.4.4 Seed Treatment Category.

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.

8.4.5 Aquatic Pest Control Category

8.4.5.1 Aquatic Weed. Applicators shall demonstrate practical knowledge of the secondary effects which can be caused by improper application rates, incorrect formulations, and faulty application of pesticides used in this subcategory. 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 also demonstrate practical knowledge of the principles of limited area application.

8.4.5.2 Anti-fouling Paint. Applicators in this subcategory shall demonstrate practical knowledge of the labeling instructions, safety precautions and environmental concerns associated with the use of marine anti-fouling paints. They shall demonstrate practical knowledge of the term "acceptable release rate" as it applies to organotin paints; knowledge of the types of paints approved for specific hull types; knowledge of the types of anti-fouling paints approved for use on equipment or containers used for the harvesting of shellfish; knowledge of potential environmental consequences from the use/misuse or improper disposal of pesticides; safety precautions necessary to avoid exposure of workers to anti-fouling paints; proper storage, handling, and disposal methods of paint chips and dusts suspected of containing organotin compounds; marine pests and relevant life cycles which are controlled through the application of anti-fouling paints; methods, procedures, and equipment used in applying organotin and anti-fouling paints; applicable State and Federal laws and regulations; and recordkeeping requirements under the Delaware Pesticide Law.

8.4.5.3 Mosquito Control. Applicators shall demonstrate a practical knowledge of the principles associated with the management of mosquitoes, including all of the following: their life cycle; types of formulations appropriate for their management; methods of application; possible effects on water quality; and, the potential health effects on humans in the target area.

8.4.6 Right-of-way Pest Control Category.

Applicators shall demonstrate a practical knowledge of a wide variety of environments, since right-of-ways 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.

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

Applicators in this category must demonstrate a practical knowledge of a wide variety of pests including their life cycles, types of formulation appropriate for their control, and methods of application that avoid contamination of food, contamination of habitat, and the 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 that may lead to a hazardous condition including continuous exposure. Because health related pest control may involve outdoor applications, applicators must also demonstrate practical knowledge of environmental conditions particularly related to this activity.

8.4.7.1 General Pest Control Subcategory.

Applicators must demonstrate knowledge of household pests including : pests that invade or infest structures, stored products, and residential food preparation areas; pests that infest or contaminate foods and foodstuffs at any stage of processing in the food manufacturing and processing areas of operation including : flour mills, bakeries, bottling plants, dairies, canneries, meat packing plants, supermarkets, convenience stores, rest homes, hospitals, ships, vehicles, restaurants, cafeterias, and snack bars; conditions conducive to infestations and selection of appropriate control procedures, other than fumigation for each situation; and hazards associated with pesticides in food manufacturing and processing.

8.4.7.2 Wood Destroying Pest Control Subcategory.

Applicators must demonstrate knowledge of organisms that destroy structures made of wood including beetles, termites and fungi, and conditions conducive to infestation; selection, calibration, and use of appropriate control procedures and their related equipment including: rodding and trenching, topical application of pesticides and local injection of specially labeled liquid or pressurized aerosol pesticides into infested wood; hazards involved in the handling and use of these pesticides.

8.4.7.3 Fumigation (Non-agricultural) Subcategory.

Applicators must demonstrate a practical knowledge of the conditions requiring the application of fumigants, and the selection of the most appropriate fumigation methods to use; equipment used in fumigation including application, monitoring, testing, calculating, and personal protective devices; release, distribution, and maintenance of the correct fumigant concentrations for the product being used and the structure being fumigated under differing conditions; and hazards involved in the use of fumigants.

8.4.7.4 Wood Preservative Subcategory.

Applicators must demonstrate a practical knowledge of the pests involved with wood products, including their life cycles, wood degradation, the pesticides available for controlling these problems, and methods of application including pressure, non-pressure and brush-on treatments. Since there is concern regarding the potential for environmental contamination as well as acute and chronic health problems from applicator exposure when using certain woodtreating pesticides, specific emphasis will be placed upon demonstrating a practical knowledge of the product use, precautions which are required and found on the labels and labeling of these pesticides and include protective clothing and equipment, sanitation procedures, disposal procedures and environmental precautions. Since treated wood products present potential environmental problems and acute and chronic exposure problems to the users and the general public, whether or not they come into direct contact with the treated wood, applicators must demonstrate a practical knowledge of the consumer information covering use, site, and handling precautions which are found in the Consumer Information Sheets of products registered for pressure treatment and in the labeling for products registered for sap and stain control, ground line treatment of utility poles, and home and farm use (including railroad tie repair).

8.4.7.5 Institutional and Maintenance Subcategory.

Applicators in this subcategory must demonstrate a practical knowledge of a wide variety of pests for the purpose of providing structural pest control or lawn pest control in and around schools, hospitals, nursing homes, child day-care centers, and apartment buildings. Since children and elderly people have a potentially higher sensitivity to pesticides, applicators in this subcategory should be particularly knowledgeable in avoiding applications which may lead to a hazardous condition, including continuous exposure.

8.4.7.6 Cooling Tower Subcategory.

Applicators shall demonstrate a practical knowledge of the labeling instructions, safety precautions and environmental concerns associated with the use of pesticides to treat the waters of cooling towers. They must demonstrate an understanding of the following: the effects of tower operation upon cooling water composition; the importance and potential harm of discharge of exhaust water into environment waters, the steps that can be taken to minimize water-caused problems, the importance of diligence and control in the execution of cooling water treatment programs.

8.4.8 Public Health Pest Control Category.

Applicators shall demonstrate practical knowledge of vector-disease transmission as it relates to and influences application programs. A wide variety of pests are 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 non-chemical control methods such as sanitation, waste disposal, and drainage.

8.4.9 Regulatory Pest Control Category

8.4.9.1 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 of pesticides used in suppression and eradication programs.

8.4.9.2 Applicators 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 where emergency measures are invoked to control regulated pests and where individual judgments must be made in new situations.

8.4.10 Demonstration and Research Pest Control Category

8.4.10.1 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 pesticides uses. Many different pest problem 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 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 subsection 8.2 of this regulation. In addition, they shall meet the specific standards required for categories in subsections 8.4.1 through 8.4.9 of this regulation as may be applicable to their particular activity.

8.4.10.2 Persons conducting field research or method improvement work with restricted use pesticides should be expected to know the general standards detailed in subsection 8.3. In addition, they shall be expected to know the specific standards required for subsections 8.4.1 through 8.4.9 of this regulation, applicable to their particular activity, or alternatively, to meet the more inclusive requirements listed under "Demonstration".

8.4.11 Aerial Pest Control Category. The Department will adopt the federal category standards for commercial aerial applications as listed in 40 CFR 171.103(d)(15).

8.5 Commercial Applicator Certification Fees, Renewal, and Expiration

8.5.1 Certification Fees

8.5.1.1 Commercial applicators shall pay an annual certification fee of $30. All certifications shall continue in full force until December 31st of each year whereupon they shall become invalid unless renewed, except that a certification for which a renewal application has been submitted to the Department by November 30th, shall remain in full force and effect until the Department gives notice to the applicant of renewal or denial. Applications for renewal shall be mailed to all certified applicators by the Department before October 1st of each year.

8.5.1.2 Federal, State or Local government employees who are certified under this law are exempt from this fee. This exemption shall remain valid only when applying or supervising the application of pesticides for the employing governmental agencies.

8.5.2 Certification Renewal

8.5.2.1 Commercial applicators shall be required to be reexamined through a written test prior to their annual certification renewal.

8.5.2.2 The reexamination requirement may be satisfied without taking a test, if the commercial applicator provides the Department with evidence that the applicator has completed a specified minimum number of hours attending approved education courses, seminars or programs during the three calendar years preceding certification renewal. The specified number of hours for each category are listed in subsection 8.5.2.4 of this regulation. This exemption from reexamination does not apply to an applicator holding a lapsed certificate, as described in subsection 8.5.3 of this regulation.

8.5.2.3 A commercial applicator shall be exempt from the reexamination requirement for the first two certification renewals following the applicator's original certification in Delaware.

8.5.2.4 The number of hours of training required are specified as follows:

Category of Pest Control	Hours
Agricultural Plant (1A)	8
Agricultural Animal (1B)	4
Fumigation of Soils and Agricultural Commodities (1C)	4
Forest (02)	4
Ornamental and Turf (03)	8
Seed Treatment (04)	2
Aquatic (5A)	4
Antifouling Paint (5B)	2
Mosquito (5C)	4
Right-of-Way (06)	4
Industrial, Institutional, Structural and Health Related (07)
General Pest Control (7A)	18
Wood Destroying Pest Control (7B)	18
Fumigation Pest Control (non-agricultural) (7C)	4
Wood Preservatives (7D)	4
Institutional and Maintenance (7E)	18
Cooling Towers (7F)	4
Miscellaneous (7G)	4
Public Health (08)	4
Regulatory (09)	4
Demonstration and Research (10)	8

8.5.3 Expiration

8.5.3.1 A certificate shall have a 90 day grace period after the date of expiration. When the grace period expires, the certificate shall be considered to have lapsed.

8.5.3.2 An applicator holding a lapsed certificate must be examined as described by subsection 8.2 of this regulation, in order to receive a new certificate.

8.5.3.3 A commercial applicator may not purchase, use or supervise the use of a restricted use pesticide during the 90-day grace period following the expiration date on the applicator's certificate. In addition, a commercial applicator with an expired certificate is not authorized to act as the designated certified applicator under the licensing provisions of §1206(a).

8.6 Exemptions.

The standards outlined in Section 8.0 of this regulation do not apply to the following applicators for the purposes of these regulations:

8.6.1 Applicators conducting laboratory type research involving restricted use pesticides; and

8.6.2 Doctors of Medicine, Doctors of Osteopathy, and Doctors of Veterinary Medicine applying pesticides as drugs or medication during the course of their normal practice.

8.6.3 Owners and employees of any child day-care center which is operated within a private home.

3 Del. Admin. Code § 601-8.0

2 DE Reg. 1380 (02/01/99)
7 DE Reg. 1674 (06/01/04)
10 DE Reg. 833 (11/01/06)
17 DE Reg. 723 (1/1/2014)
26 DE Reg. 1050 (6/1/2023) (Final)