3 Del. Admin. Code § 601-9.0

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

Section 601-9.0 - Standards For Certification Of Private Applicators (Adopted from 40 CFR Section 171.105 (a), (d) and (e))

9.1 The Department will adopt the Federal categories for Private Applicators as written in 40 CFR § 171.105(a). As a minimum requirement for certification, a private applicator must show that the applicator possesses a practical knowledge of the pest problem and pest control practices associated with the applicator's agricultural operations and his related legal responsibility. This practical knowledge includes ability to:

9.1.1 Recognize common pests to be controlled and damage caused by them.

9.1.2 Read and understand the label and labeling information, including the common name of pesticides the applicator applies; pest to be controlled, timing and methods of application; safety precautions; any pre-harvest or re-entry restrictions; and specific disposal procedures.

9.1.3 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 factors such as area to be covered, speed at which application equipment will be driven, the quantity dispersed in a given period of operation, and the types of formulations.

9.1.4 Recognize local environmental situations that must be considered during application to avoid contamination.

9.1.5 Recognize poisoning symptoms and procedures to follow in case of a pesticide accident.

9.1.6 Recognize chemical security for restricted use pesticides.

9.2 The competence of each private applicator shall be verified through the administration of a private applicator certification system here described 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. One or more of the following options will be employed to certify private applicators:

9.2.1 General Certification.

This option certifies the private applicator as competent to apply any restricted use pesticide that the applicator would normally expect to use in the applicator's particular agricultural operations. Competency determination shall reflect all aspects of the private applicator standards and shall be broad enough to test the private applicator's ability to apply general principles to specific problems associated with the restricted use pesticides required for the production and protection of the private applicator's crops.

9.2.2 Pesticide Class Certification

9.2.2.1 This option certifies the private applicator as competent to apply any restricted use pesticide products and all different formulations of a pesticide used for the same purpose, use, or application. Examples include preemergence herbicides for vegetable crops, foliar insecticides on corn, rodenticides in fruit orchards, nematicides in fields prior to planting, ground application of fungicides on vegetables, seed treatments for plant diseases, and livestock dips for insect control.

9.2.2.2 Competency determination shall reflect the full range of the private applicator standards, but with special emphasis placed on the particular characteristics of the pesticide class, as well as the nature of the application or use.

9.2.3 Commodity/crop/site Certification

9.2.3.1 This option certifies the private applicator as competent to apply any restricted use pesticide needed for specific crops or sites which the applicator would be expected to deal with in the applicator's agricultural operations. This would include any pesticide products (different pesticide classes, active ingredients, and formulations) used on a specific line or class designation. Examples include: single crop such as corn, apples, or wheat; single site class such as poultry houses or dairy barns; single livestock line, such as beef cattle, swine, or turkeys; crop classes such as forage crops or small fruits, site class such as barns or greenhouses; and livestock class such as poultry.

9.2.3.2 Competency determination shall reflect the full range of the private applicator standards, with emphasis placed on the particular characteristics of the specific crop or site, or crop/site class concerned and the pests involved.

9.2.3.3 A private applicator may wish to be certified for a specific crop or site (such as corn or beef cattle) or for a crop or site class (such as forage crops, livestock, small grain crops).

9.2.4 Single Product Certification.

This option certifies as competent the private applicator for 1 or more uses of a single product or related products with the same active ingredient and with a similar formulation and uses. Competency determination shall reflect all appropriate uses of these products for the agricultural area where the applicator will be expected to make pesticide application.

9.2.5 Single Products/single Use Authorization (Emergency Program).

This option would authorize the private applicator to make single use application of a restricted use product (or other products of the same formulation). This option will be used only as an emergency provision to accommodate situations such as an unexpected pest problem that requires immediate certification of a previously uncertified private applicator or one whose particular type of certification would not cover the product needed to deal with the problem.

9.3 Determination of Competency For Private Applicators

9.3.1 Competence in the use and handling of pesticides by private applicators shall be determined by written examinations, conforming with the examination standards and procedures at 40 CFR 171.103(a), with questions based upon study materials made available by the Department. Correctly answering 70% or more of the questions shall be considered to be satisfactory evidence of competence.

9.3.2 Failure to answer at least 70% of the questions correctly shall be grounds for denial of certification. The applicant may apply for reexamination, which shall be scheduled by the Department at least 30 days after the applicant's initial examination.

9.3.3 Individuals with disabilities have the right to request accommodations. Individuals will receive accommodations appropriate to their needs without inhibiting the ability to meet the essential eligibility requirements for participating in the program, services, and activities. Individuals inquiring information may contact the Delaware Department of Agriculture, Pesticide Section via phone.

9.3.4 Prior to sitting for the exam the applicator will be required to show a valid, government issued, photo identification document. Acceptable photo identification documents include a current state issued driver's license (or a non-driver photo identification document), military ID or passport. No exam admittance will be allowed if applicator is unable to produce the required identification.

9.4 Private Applicators Certification Fees and Renewal

9.4.1 A private applicator's certification shall continue in full force until December 31st of the third year following the applicator's original certification.

9.4.2 A private applicator shall be required to be reexamined prior to certification renewal.

9.4.3 The reexamination requirement may be satisfied without taking a test, if the applicator provides the Department with evidence that the applicator has attended a minimum of 3 hours of approved education courses, seminars or programs during the 3 calendar years preceding certification renewal.

9.4.4 In accordance with Title 3, Delaware Code, Section 1218, there is no fee for Private Applicator Certification.

9.5 Expiration

9.5.1 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.

9.5.2 An applicator holding a lapsed certificate must be examined as described by subsection 9.2, in order to receive a new certificate.

9.5.3 An 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.

3 Del. Admin. Code § 601-9.0

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