§ 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 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.

   (14)  (Reserved).

   (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.

Authority

   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)).

Source

   The provisions of this §  128.42 amended December 22, 1995, effective December 23, 1995, 25 Pa.B. 5945; amended December 10, 2010, effective December 11, 2010, 40 Pa.B. 7044. Immediately preceding text appears at serial pages (206529) to (206531).

Cross References

   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).



No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.