Current through Register Vol. 54, No. 45, November 9, 2024
Section 128.42 - Categories of commercial and public applicatorsA commercial or public applicator applying or supervising the application of a pesticide shall be certified in one or more of the following applicator categories:
(1)Agronomic crops-The use of a pesticide in the production of an agricultural crop, including tobacco, grain, soybeans and forages and the application of a pesticide to noncrop agricultural land.(2)Fruits and nuts-The use of a pesticide in the production of tree fruits, nuts and berries.(3)Vegetable crops-The use of a pesticide in the production of vegetables, including, tomatoes, cabbage and celery.(4)Agricultural animals-The use of a pesticide on animals, including beef cattle, dairy cattle, swine, sheep, horses, goats, poultry or other livestock and to premises where these animals are confined.(5)Forest pest control-The use of a pesticide in a forest, forest nursery or forest seed producing area.(6)Ornamental and shade trees-The use of a pesticide in the maintenance of an ornamental tree, shrub, flower or other ornamental.(7)Lawn and turf-The use of a pesticide in the maintenance or production of lawn and turf.(8)Seed treatment-The use of a pesticide on seed.(9)Aquatic pest control-The use of a pesticide on standing or running water, excluding the use of a pesticide in a public health-related activity described in paragraph (16).(10)Right-of-way and weeds -The use of a pesticide to maintain a public road, an electrical power line, a pipeline, a railway right-of-way or a similar type of area or to control vegetation around a structure, such as an oil tank, utility sub stations, an industrial railway siding, an airport, a parking lot, a fence or an industrial building or for the control of an invasive weed species in other areas.(11)Household and health related-The use of a pesticide in, on or around a food handling establishment, a human or nonagricultural animal dwelling, an institution such as a school or hospital, an industrial establishment, a warehouse, a grain elevator and other types of structures whether public or private. The application of a pesticide to protect a stored, processed or manufactured product is also included. The use of a rodenticide or avicide is permitted in this category. The use of a pesticide in outdoor perimeter treatments to control pests, which may infest the structure, is included.(12)Wood destroying pests-The use of a pesticide to control or prevent termites, powder post beetles or other wood destroying pests infesting a residence, school, hospital, store, warehouse or other structures or structural components, including wooden objects contained in or associated with the structure and the area adjacent to those structures.(13)Structural fumigation -The use of a fumigant in or to a structure for the control of pests affecting the structure or its fixtures or inhabitants.(15)Public health vertebrate pest control-The use of a pesticide to manage and control a vertebrate pest such as rodents or birds, affecting public health.(16)Public health invertebrate pest control-The use of a pesticide to manage and control an invertebrate pest affecting public health.(17)Regulatory pest control-The use of a pesticide to control an organism designated by the Commonwealth or the Federal government to be a pest requiring regulatory restrictions or control procedures to protect man or the environment.(18)Demonstration and research pest control-The use of a pesticide to demonstrate to the public the proper method of application for a pesticide and the use of a pesticide in research such as that undertaken by an extension specialist, county agent or vocational agriculture teacher.(19)Wood preservation-The use of a pesticide in wood impregnation to control or prevent fungi, insects, bacteria, marine borers and other wood destroying pests and includes pole treating or restoration and the use of a fumigant for in-place treatment of utility poles.(20)Commodity and space fumigation-The use of a fumigant in or to a structure, trailer, railcar, onboard ship, or in any type of fumigation chamber, such as under a tarpaulin for the control of pests in stored or in-transit commodities.(21)Soil fumigation-The application of a fumigant to a soil environment.(22)Interior plantscape-The use of a pesticide to control plant pests when the soil or plant to be treated is located within an enclosed structure.(23)Park or school pest control-The use of a pesticide in a campground or recreational area of a public or private park or on school property.(24)Swimming pools-The use of a pesticide in the care and maintenance of swimming pools.(25)Aerial applicator-The use of a pesticide applied by aircraft to any crop or land area. Applicators in this category shall comply with § 128.85a (relating to ornamental or turf application) when making ornamental or turf applications.(26)Sewer root control-The use of a pesticide to control vegetative growth in public and private sewage collection and distribution lines.The provisions of this §128.42 amended December 22, 1995, effective 12/23/1995, 25 Pa.B. 5945; amended December 10, 2010, effective 12/11/2010, 40 Pa.B. 7044.The provisions of this §128.42 amended under section 7(b)(2) of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. § 111.27(b)(2)).
This section cited in 7 Pa. Code § 128.23 (relating to categories of pest management consultant); 7 Pa. Code § 128.43 (relating to determination of competence); and 7 Pa. Code § 128.44 (relating to eligibility).