§ 128.43. Determination of competence.

 (a)  For each of the categories listed in §  128.42 (relating to categories of commercial and public applicators), competence in the use and handling of pesticides shall be determined on the basis of a written examination. The examination will include the following:

   (1)  Areas of knowledge and competence set forth in section 16.1 of the act (3 P. S. §  111.36a).

     (i)   Identification of pests to be controlled and the damages caused by pests.

     (ii)   The appropriate control measures to be used, including pesticides.

     (iii)   The hazards that may be involved in applying pesticides, to protect people and the environment.

     (iv)   The proper use of pesticide application equipment, including calibration and dosage calculations.

     (v)   Protective clothing and respiratory equipment required during application and handling of pesticides.

     (vi)   General precautions to be followed in cleaning and maintaining equipment used.

     (vii)   Transportation, storage, security and disposal of pesticides.

     (viii)   Applicable Federal and State pesticide laws and regulations.

   (2)  Safety.

   (3)  Labeling and label comprehension.

 (b)  An examination for certification will consist of two parts:

   (1)  One part of the examination, the core area, will be based on general information required of commercial and public applicators.

   (2)  The second part of the examination will be based on information related to the specific categories of commercial and public applicators.

 (c)  An examination will be proctored. 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. Only reference materials approved by the Department may be used during the examination. Successful completion of the core area and successful completion of part two of the examination in a specific category will entitle a person to certification in that category. A person desiring certification for additional categories will be required to be examined for each additional category. An opportunity will be provided to retake an examination when a passing grade has not been achieved.

 (d)  If a person successfully completes only one part of the two-part examination, successful completion of the remaining part of the examination shall be obtained within 1 year from the date the initial part of the examination was successfully completed.

 (e)  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.

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

Authority

   The provisions of this §  128.43 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 §  128.43 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 (206531) to (206532).

Cross References

   This section cited in 7 Pa. Code §  128.44 (relating to eligibility).



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