Section 4-66-56 - Certification of applicators(a) No person shall apply restricted use pesticides unless certified in the category appropriate to the application or under the direct supervision of a certified applicator certified in the appropriate category. An applicator applying restricted use pesticides shall be certified as: (1) A commercial pesticide applicator; or(2) A private pesticide applicator.(b) Commercial pesticide applicators shall be further divided into categories and subcategories based on general patterns of use and sites where specific knowledge related to the use pattern or site is required to demonstrate competency. A person may be certified in as many categories or subcategories as necessary. The commercial pesticide applicator categories and subcategories are as follows: (1) Category 1, agricultural pest control, which includes the following subcategories: (A) Crop pest control. For persons using or supervising the use of restricted use pesticides in production of agricultural commodities, including but not limited to grains, seeds, soybeans, feed and forage crops, vegetables, fruits, trees and nuts, as well as non-crop agricultural lands;(B) Animal pest control. For persons using or supervising the use of restricted use pesticides to control pests on animals including, but not limited to, beef and dairy cattle, swine, sheep, horses, goats, and poultry, and to places on or in which animals are confined; and doctors of veterinary medicine engaged in the business of application for hire, publicly holding themselves out as pesticide applicators or engaged in large scale use of pesticides;(C) Soil and non-soil fumigant pest control. For persons using or supervising the use of restricted use pesticides to fumigate soil and to fumigate anything other than soil;(2) Category 2, forest pest control. For persons using or supervising the use of restricted use pesticides in forests, forest nurseries, and forest seed production;(3) Category 3, ornamental and turf pest control. For persons using or supervising the use of restricted use pesticides to control pests in the maintenance and production of ornamental plants, trees, shrubs, flowers and turf;(4) Category 4, aerial pest control. For persons using or supervising the use of restricted use pesticides by aerial application;(5) Category 5, aquatic pest control. For persons using or supervising the use of restricted use pesticides purposefully applied to standing or running water, excluding applicators engaged in public health related activities included in sections 4-66-56(8) and 4-66-56(9);(6) Category 6, right-of-way pest control. For persons using or supervising the use of restricted use pesticides in the maintenance of roadsides, powerlines, pipelines, and railway rights-of-way, and similar areas, but excluding aquatic rights-of-way; (7) Category 7, industrial, institutional, and structural pest control, which includes the following subcategories:(A) Fumigation pest control. For persons using or supervising the use of fumigant restricted use pesticides to control termites and other pests in or around food handling establishments, human dwellings, institutions such as schools and hospitals, industrial sites such as warehouses, grain elevators, and any other structures and adjacent area, public or private, and for the protection of stored, processed or manufactured products. The corresponding branch of pest control established pursuant to section 460J-12, Hawaii Revised Statutes, is Branch 1, Fumigation;(B) Termite pest control. For persons using or supervising the use of restricted use pesticides other than by fumigation to control subterranean and drywood termites in or around human dwellings, institutions such as schools and hospitals, hotels, industrial sites, and any other structures and adjacent area, public or private. The corresponding branch of pest control established pursuant to section 460J-12, Hawaii Revised Statutes, is Branch 3, Termite;(C) General pest control. For persons using or supervising the use of restricted use pesticides to control pests, in or around food establishments, human dwellings, institutions such as schools, hospitals, industrial sites such as warehouses, and any other structures and adjacent area, public or private; and for the protection of stored, processed or manufactured products, excluding those applicators certified in category 3, ornamental and turf pest control, and subcategories 7(A) and 7(B). The corresponding branch of pest control established pursuant to section 460J-12, Hawaii Revised Statutes, is Branch 2, General Pest;(D) Institutional pest control. For persons using or supervising the use of restricted use pesticides exclusive of fumigants to control pests at institutions (e.g., schools, hotels, hospitals, warehouses, industrial sites), or establishments (e.g., grain elevators, restaurants, bakeries, fast food outlets) where they are employed;(E) Vault fumigation pest control. For persons using or supervising the use of restricted use pesticides to fumigate vaults or chambers, to control pests in agricultural commodities or structural materials, and including stored, processed or manufactured products, exclusive of those individuals licensed as pest control operators and certified in category 7(A), 7(B), or 7(C);(F) Specialty categories. For persons using or supervising the use of restricted use pesticides where the scope of application is typically limited to a single active ingredient, a single site, a single facility or a single application method, such as using restricted use pesticides for controlling roots in sewer lines, prevention of pests on marine surfaces through the use of restricted use coatings, controlling wood pests through the use of pressure or submergence treatment, and persons who use chlorine gas;(8) Category 8, public health pest control. For federal, state or other governmental employees and contractors 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) Category 9, regulatory pest control. For state, federal, or other government employees and contractors using or supervising the use of restricted use pesticides in the control of regulated pests prescribed under the Hawaii Plant Quarantine Law, chapter 150A, Hawaii Revised Statutes, and the Federal Plant Protection Act, title 7, chapter 104, sections 7701-7786, United States Code (2017);(10) Category 10, demonstration, research and instructional pest control. For persons who demonstrate to the public the proper use and techniques of application of restricted use pesticides or supervise such demonstration, and persons conducting field research with pesticides, and in doing so, use or supervise the use of restricted use pesticides; and(11) Category 11, chemigation pest control. For persons using or supervising the use of restricted use pesticides applied through an irrigation system. Certification in this category requires concurrent certification in category 1(A), 2, 3, or 10.(c) Private pesticide applicators shall be further divided into categories based on general patterns of use and sites where specific knowledge related to the use pattern or site is required to demonstrate competency. A person may be certified in as many categories as necessary. The categories are as follows: (1) Category 1, general agricultural pest control. For private applicators using or supervising the use of restricted use pesticides in the production of agricultural commodities;(2) Category 2, agricultural pest control with fumigants. For private applicators using or supervising the use of restricted use pesticides for soil fumigation in the production of an agricultural commodity and the application of restricted use pesticides for fumigation of agricultural products. Certification in this category requires concurrent certification in category 1, general agricultural pest control; and (3) Category 3, chemigation. For persons conducting agricultural pest control, with pesticides applied through irrigation systems. Certification in this category requires concurrent certification in category 1, general agricultural pest control.[Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS § 149A-33, 40 CFR §§171.3, 171.5 ) (Imp: HRS § 149A-33, 40 CFR §§171.3, 171.5 )[Am and comp 8/23/2019] (Auth: HRS 40 CFR § 171.101 ) (Imp: HRS 40 CFR § 171.101 )