La. Admin. Code tit. 7 § XXV-117

Current through Register Vol. 50, No. 11, November 20, 2024

Section XXV-117 - Obligations of the Licensee/Permittee

A. The permittee or the primary licensee shall keep the bond and general liability insurance required under §107. F in full force and effect at all times.

B. The permittee or the primary licensee shall renew the permit for operation for each business location annually prior to June 30.

C. The permittee or the primary licensee shall apply for a registration certificate for each employee under his supervision within 30 days after the employee is hired and shall comply with all other requirements pertaining to registration of employees set forth in §113

D. The primary licensee shall be responsible for training the employee in the kind of work which he will perform.

E. Maintenance of a commercial applicator certification by a licensee

1. A licensee shall maintain his commercial applicator certification in current status by:

a. attending a continuing educational program for recertification approved by the department;

b. recertification at least once every three years; such recertification shall be completed by December 31 of the third year following the original certification or the most recent recertification;

c. a minimum of six hours of technical training which shall include but not limited to the phases of general pest control, termite control and commercial vertebrate control;

d. a minimum of six hours of technical training for the phase of fumigation.

2. A licensee attending an approved recertification seminar shall attend the entire approved program; otherwise the licensee shall not be recertified at this approved seminar.

3. Time and location for each licensee recertification can be obtained by calling or writing to the department.

F. A licensee shall be available to provide direct supervision over all employees registered under his license on a regular, ongoing basis.

G. The permittee or the primary licensee shall report all termite control contracts and all wood-destroying insect reports and pay all required fees as set forth in §119 hereof.

H. Any person applying pesticides for a fee and the permittee or the primary licensee shall maintain records according to LAC 7:XXV.117.H, at the physical address listed on the place of business permit of all applications of pesticides and inspections for wood destroying insects on a record keeping form or in a format approved by the director of pesticide and environmental programs of the department. These records shall be retained for a period of two years after the date of the pesticide application for ship and commodity fumigation, general pest control and commercial vertebrate control, and a period of two years after the expiration of applicable contracts for termite control and structural fumigation. The licensee shall make a copy of these records available to any employee of the department for inspection during normal working hours within 48 hours upon notification, excluding legal holidays.

1. Records for applications of pesticides for wood destroying insects shall contain the following information:

a. place of business name, address, and number;

b. primary licensee name, address, and department I.D. number;

c. customer name and address;

d. location of application;

e. product\brand name;

f. EPA registration number;

g. restricted\general use pesticide;

h. application date and time;

i. target pest;

j. type of application (pre-treat, post, spot, etc.);

k. size of area treated (square feet or linear feet);

l. mixture concentration;

m. total amount of product mixture applied;

n. applicator and department I.D. number;

o. contract.

p. inspection date and time;

q. waiver (if applicable); and

r. WDIR (if applicable).

2. Record keeping for applications of pesticides in the general pest and commercial vertebrate phases shall contain the following information:

a. place of business name address, and number;

b. primary licensee name, address, and certification department I.D. number;

c. customer name and address;

d. location of application;

e. product/brand name;

f. EPA registration number;

g. restricted/general use pesticide;

h. application date and time;

i. pest treated/type of application;

j. mixture concentration (percent);

k. applicator and department I.D. number.

3. Records for applications of pesticides in the fumigation phase shall contain the following information:

a. place of business name, address, and number;

b. primary licensee name, address, and department I.D. number;

c. customer name and address;

d. location of application;

e. product/brand name;

f. EPA registration number;

g. restricted/general use pesticide;

h. application date and time;

i. pest treated;

j. type of application (ship, structure, commodity);

k. size of area treated (cubic feet);

l. rate applied;

m. total amount of product applied;

n. applicator, department I.D. number; and

o. fumigation instrument calibration.

4. Records for using bait and baiting systems shall contain the following information:

a. place of business name, address, and phone number;

b. primary licensee name, address, and department I.D. number;

c. customer name and address;

d. physical address of contracted structure;

e. product\brand name;

f. EPA registration number;

g. restricted\general use pesticide;

h. linear feet of perimeter of the treated structure(s):

i. date each monitoring stations installed or inspected;

j. date each ground bait station installed, inspected or replaced;

k. date each above ground bait station installed, inspected or replaced;

l. number of monitoring, ground and above ground bait stations inspected during each inspection;

m. name and certification\registration number of person inspecting;

n. inspection diagram;

o. contract.

I. The licensee shall renew each phase in which he is licensed annually by June 30.

J. The annual fee for licensed pest control operators shall be $10 for each phase in which the pest control operator is licensed.

K. The permittee or the primary licensee shall report to the department all termite contracts, termite perimeter applications and wood destroying insect reports completed each month on the form provided by the department. The reports listed above are due in Division of Pesticide and Environmental Programs office in Baton Rouge on or before the tenth of the month following the contract or application or report.

L. The fee for each standard contract and wood-destroying insect report that has been issued is $12. All such fees are due and payable to the department at the time the reports required by §119. E are due.

M. The permittee or the primary licensee shall have provisions for spill control including materials and tools on every vehicle transporting pesticides.

N. The pest control operator shall provide for an air space or a backflow preventer on the water hose used in supplying water to the chemical tank.

O. Signage of Vehicles

1. General. A motor vehicle being operated by a place of business that is engaged in the transport or application of pesticides shall be marked as specified below:

a. magnetic or removable signs may be used;

b. size, shape, location and color of marking. The marking shall contain the following:

i. appear on both sides of the vehicle;

ii. be in letters that contrast sharply in color with the background;

iii. be readily legible during daylight hours;

iv. lettering shall be a minimum of 2 inches in height;

v. be kept and maintained in a manner that retains the legibility of the information required by §117. O.1 c;

c. nature of marking. The marking shall display the following information:

i. the name or trade name of the place of business operating the vehicle.

P. No employee shall use a telephone number, other than the place of business permit phone number, to advertise or solicit business unless approved, in writing, by the permittee or licensee and reported in writing to the department.

Q. The pest control operator shall record the nature and date of the completion of new construction, as found in §101. B within the definition of construction, and maintain the date as part of the application records.

La. Admin. Code tit. 7, § XXV-117

Promulgated by the Department of Agriculture, Structural Pest Control Commission, LR 11:327 (April 1985), amended by the Department of Agriculture and Forestry, Structural Pest Control Commission, LR 15:956 (November 1989), LR 21:930 (September 1995), LR 23:855 (July 1997), LR 26:2437 (November 2000), LR 29:1062 (July 2003), amended by the Department of Agriculture and Forestry, Office of Agricultural and Environmental Sciences, Structural Pest Control Commission, LR 30:196 (February 2004), LR 31:2761 (November 2005), LR 35:1468 (August 2009), LR 37:280 (January 2011), LR 39:301 (February 2013), Amended LR 42214 (2/1/2016), Amended by the Department of Agriculture and Forestry, Office of Agricultural and Environmental Sciences, Structural Pest Control Commission, LR 441236 (7/1/2018), Amended by LR 461541 (11/1/2020), Amended LR 492076 (12/1/2023), Repromulgated LR 50776 (6/1/2024).

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:3366 and 3:3368.