§ 128.42. Categories of commercial and public applicators.

 A 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—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.

   (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 fumigant, except where applied out-of-doors to a rodent burrow which does not lead into a dwelling or other structure, and except in the case of termite or other structural pest control is included. The treatment of an emergence crevice, an ant runway or a surface to control carpenter bees or the surface application of a pesticide to a wooden box, furniture or lumber 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 and an 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.

   (14)  Industrial weeds—The use of a pesticide to control vegetation around a structure, such as an oil tank, an industrial railway siding, an airport runway, a parking lot, a fence or an industrial building.

   (15)  Public health vertebrate pest control—The use of a pesticide to manage and control a vertebrate pest 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 §  128.83 (relating to ornamental or turf application) when making ornamental or turf applications.

   The provisions of this §  128.42 amended December 22, 1995, effective December 23, 1995, 25 Pa.B. 5945. Immediately preceding text appears at serial pages (144310) to (144312).

   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).