§ 128.13. Determination of competence.

 (a)  At least one individual at each pesticide dealer location shall show competence in the storage and distribution requirements for restricted use pesticides. Competence will be determined on the basis of a written examination. The examination will include the following:

   (1)  Safety.

   (2)  Labeling and label comprehension.

   (3)  Storage and security.

   (4)  Spill control.

   (5)  Transportation.

   (6)  Pesticide disposal.

   (7)  Recognition of pesticide poisoning symptoms and first aid.

 (b)  An application to take an examination shall be filed along with the appropriate fee with the Department at least 10 working days prior to the date of the examination.

 (c)  The examination will be proctored. Successful completion of the examination will entitle a person to hold a pesticide dealer managers certificate. An opportunity will be provided to retake an examination if a passing grade has not been achieved.

 (d)  The applicant shall provide to the proctor proof of personal identification by presenting a photo identification document issued by an agency of the United States Government or affiliated jurisdiction (that is, state or territory), such as a driver license, valid passport, military identification card or an immigration card; or at least two nonphoto identification documents one of which must be a United States Government issued document bearing the person’s signature, such as a Social Security card. The other nonphoto identification documents must identify the holder by name and address.

 (e)  A person may not use reference materials during an examination unless approved by the Department or its designated agents.

 (f)  An application for a new pesticide dealer manager’s certificate will be accepted throughout the calendar year. A full year’s license fee will be required for a portion of a year, except that the Department may issue a certificate for an additional year when a new application is filed during the last 2 months of the certificate year.


   The provisions of this §  128.13 issued under section 7(b)(2) of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. §  111.27(b)(2)).


   The provisions of this §  128.13 adopted December 10, 2010, effective December 11, 2010, 40 Pa.B. 7044.

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