302 Kar 29:060. Certification

Link to law: http://www.lrc.ky.gov/kar/302/029/060.htm
Published: 2015

      302 KAR 29:060. Certification.

 

      RELATES TO: KRS Chapter 217B, 7 U.S.C. 136

      STATUTORY AUTHORITY: KRS 217B.050, 217B.060

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 217B.050

requires the Department of Agriculture to promulgate administrative regulations

to implement the provisions of KRS Chapter 217B. KRS 217B.060 authorizes the

department to establish classifications of pesticide licenses. This

administrative regulation establishes a system of certification for persons

required to be licensed or certified under KRS Chapter 217B.

 

      Section 1. Certification. Except as provided by

Section 7 of this administrative regulation, the certifications established in

this administrative regulation shall be valid for three (3) years and shall be

renewed and maintained in accordance with Section 7 of this administrative

regulation.

 

      Section 2. Types of Certification. (1) Category 7.

Industrial, institutional, structural, and health-related pest control. This

category shall cover all persons using or supervising the use of pesticides

only for structural pests in, on, or around food-handling establishments, human

dwellings, educational facilities, health care centers, and industrial

establishments, including warehouses and grain elevators and any other

structures and adjacent areas, public or private; or for the protection of

stored, processed, or manufactured products. Industrial, institutional,

structural, and health-related pest control certification shall be divided into

the following subcategories:

      (a) Structural pest control certification shall cover

the use of pesticides in the control of general pests and wood-destroying organisms

by all means other than fumigation. Persons certified under this section shall

be exempt from the certification requirements of 302 KAR Chapters 27 and 28 if

using or supervising the use of pesticides for the control of

structural-invading pests in areas adjacent to or outside any structure being

treated by the person pursuant to 302 KAR Chapter 29;

      (b) Integrated pest management certification shall

cover an environmentally-sound approach to pest management in schools and

health care facilities with the goal of the judicious use of pesticides; and

      (c) Structural fumigation certification shall cover

the use of pesticides in the form of poisonous gases.

      (2) Category 8. Public health pest control. This

category shall include state, federal, or other governmental employees using or

supervising the use of pesticides in management and control of pests in public

health programs.

      (3) Category 12. Pesticide sales agent. This category

shall include any individual who sells or distributes restricted use pesticides

or any individual who sells and makes recommendations for the use and

application of pesticides to the final user. Category 12 certification as a

pesticide sales agent under this administrative regulation shall meet the

requirements of Category 12 certification under 302 KAR Chapters 27 and 28.

Persons taking orders or explaining service programs without naming or making

recommendations for pesticide use shall be excluded from certification if the

person selling or distributing pesticides is licensed as a pesticide sales

agent.

 

      Section 3. General Requirements. To obtain

certification, a person shall take and pass, with a minimum score of seventy

(70) percent, a certification examination in the category or categories in

which certification is requested. Competency in the use and handling of

pesticides shall be determined and based upon standards established in this

administrative regulation. The examination and testing shall include the

general standards of competency in Section 4 of this administrative regulation

and the specific standards of competency in Section 5 of this administrative

regulation for each category or subcategory in which a person desires to be

certified. A person shall pay an initial certification examination fee of

twenty-five (25) dollars. For persons testing in multiple categories, there

shall be an additional examination fee of ten (10) dollars for each additional

category. Examination fees shall be charged each time a person takes a

certification examination and shall be charged regardless of the passing or

failing of the examination. Upon successfully passing an examination, a person

shall have ninety (90) days from the date of testing to submit a completed

"Structural Pest Control License Form" specifying the category or

categories in which a license is requested. After ninety (90) days have

expired, a person shall retake the exam before activation of a license may

occur.

 

      Section 4. General Standards of Competency. Testing

shall be based on examples of problems and situations appropriate to the

particular category or subcategory of the requested certification and may

include the following areas of competency:

      (1) Label and labeling comprehension:

      (a) An understanding of instructions, warnings, terms,

symbols, and other information commonly appearing on pesticide labeling;

      (b) Classification of the product, general or

restricted; and

      (c) Necessity for use consistent with the labeling;

      (2) Safety factors, including:

      (a) Pesticide toxicity, hazard to humans, and common

exposure routes;

      (b) Common types and causes of pesticide accidents;

      (c) Precautions necessary to guard against injury to

applicator and other individuals in or near treated areas;

      (d) Symptoms of pesticide poisoning;

      (e) First aid and other procedures to be followed if a

pesticide accident occurs;

      (f) Proper identification, storage, transport,

handling, mixing procedures, and disposal methods for pesticides and used

pesticide containers, including precautions to be taken to prevent children

from having access to pesticide containers; and

      (g) The proper selection and use of personal

protective equipment for the handling and application of pesticides;

      (3) The potential environmental consequences of the

use and misuse of pesticides as may be influenced by factors such as:

      (a) Weather and other climatic conditions;

      (b) Types of terrain, soil, or other substrata;

      (c) Presence of fish, wildlife, and other nontarget

organisms; and

      (d) Drainage patterns;

      (4) Pest identification, including consideration of

the following factors:

      (a) Common features of pest organisms and

characteristics of damage necessary to facilitate pest recognition; and

      (b) Pest maturation and development as it may relate

to the problem of identification and control;

      (5) Pesticides, including consideration of the

following factors:

      (a) Types of pesticides;

      (b) Types of pesticide formulations;

      (c) Compatibility, synergism, persistence, and animal

and plant toxicity of the formulation;

      (d) Hazards and residues associated with use;

      (e) Factors which influence effectiveness or lead to

such problems as resistance to pesticides; and

      (f) Dilution procedures;

      (6) Equipment, including consideration of the

following factors:

      (a) Types of pesticide application equipment and

advantages and limitations of each; and

      (b) Uses, maintenance, and calibration of equipment;

      (7) Application techniques; factors including:

      (a) Methods used to apply various formulations of

pesticides, solutions, and gases together with a knowledge of which technique

or application to use in a given situation;

      (b) Relationship of discharge and placement of

pesticides to proper use, unnecessary use, and misuse; and

      (c) Prevention of drift and pesticide loss into the

environment; and.

      (8) Laws and regulations. Knowledge of pertinent

aspects of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.

136-136y, and KRS Chapter 217B.

 

      Section 5. Specific Standards of Competency. In

addition to meeting the requirements of Sections 3 and 4 of this administrative

regulation, persons requesting certification for a specific category shall

demonstrate competence relating to that category as follows:

      (1) Category 7. Industrial, institutional, structural,

and health-related pest control. This category shall be subdivided as follows:

      (a) Structural pest control. Persons requesting

certification in this subcategory shall demonstrate practical knowledge of a

wide variety of pests including general pests and wood-destroying organisms.

This practical knowledge shall include their life cycles, types of formulations

appropriate for their control, minimum standards of application, and methods of

application that avoid contamination of habitat and exposure of people and

pets. Since human exposure, including babies, pregnant women, and elderly

people, is frequently a potential problem, applicants shall demonstrate

practical knowledge of the specific factors which may lead to a hazardous

condition. Because structural pest control may involve outdoor applications,

persons shall also demonstrate practical knowledge of environmental conditions.

      (b) Integrated pest management. Persons requesting

certification in this subcategory shall demonstrate a practical knowledge of an

integrated pest management program to determine if and when a treatment is

needed. Components of an integrated pest management program may include

education, proper waste management, structural repair, maintenance, biological

and mechanical control techniques, and pesticide application. A prerequisite

for integrated pest management certification shall be 7(a) certification.

Regardless of the original issue date of a 7(b) integrated pest management

certification, its expiration and renewal dates shall be the same as the

corresponding 7(a) certification.

      (c) Structural fumigation. Persons requesting

certification in this subcategory shall demonstrate a practical knowledge of

those pests for which treatment by fumigation is an appropriate control technique.

This practical knowledge shall include their life cycles, fumigants appropriate

for their control, and alternative control techniques. Because of the potential

dangers inherent in the use of fumigant gases, the applicant shall demonstrate

knowledge of the dangers involved and the safety precautions established by 302

KAR Chapter 29 and by good operating practice. For those persons holding both a

category 7(a) and 7(c) certification, the expiration and renewal dates of the

7(c) certification shall be the same as the corresponding 7(a) certification

regardless of its original issue date.

      (2) Category 8. Public health. Each person with

certification in category 8 in effect on September 8, 2010 shall be granted

certification in category 7(a) and category 7(b) with a expiration date of December

31, 2012.

      (3) Category 12. Pesticide sales agent. Persons

desiring certification in this category shall demonstrate practical knowledge

of pesticide labels and label comprehension including environmental hazards,

rates of application, proper application techniques, storage, shipping,

handling, worker protection safety issues, and the different types of

pesticides.

 

      Section 6. License Examination. Structural. The

examinations administered by the department pursuant to KRS 217B.530 and this

administrative regulation for licensees to do business as structural pest

control applicators, structural pest control managers, structural fumigation

applicators, and structural fumigation managers shall contain all the

requirements for certification to apply pesticides under this administrative

regulation. If a person obtains a license to do business in one (1) or more of

the above categories, that person shall be certified to purchase, use, or apply

pesticides in the appropriate subcategory of industrial, institutional,

structural, or health-related pest control.

 

      Section 7. Certification Maintenance. To maintain a

category 7(a), or category 12 certification, each person certified under this

administrative regulation shall in any three (3) year period, attend at least

twelve (12) continuing education units of training, approved by the department,

in the use and application of pesticides. To maintain a category 7(b)

certification, an additional three (3) continuing education units of training

shall be required. And, to maintain a category 7(c) certification, each person

certified in this category shall in any three (3) year period, attend at least

nine (9) continuing education units and three (3) category specific continuing

education units of training. For those persons holding a category 7(a)

certification who are also seeking to maintain a category 7(c) certification,

an additional three (3) category specific continuing education units shall be

required. All certifications in effect on the effective date of this administrative

regulation shall be renewed with an expiration date of December 31, 2015.

Credit shall be given in full continuing education unit increments only.

 

      Section 8. Credentials. (1) If a person meets all the

requirements to obtain a license to do business under KRS 217B.500 to 217B.585

and this administrative regulation, the department shall issue a document

signifying that he is licensed to do business in the category for which he

qualifies.

      (a) Inactive status. If an applicator or operator for

any reason changes status and is no longer employed but elects to maintain his

license, he may do so by advising the department of the change and the reason

for the change. The department shall then issue to that person a notification

that his license will be held in inactive status. The license holder shall maintain

certification and pay the annual renewal fee required by KRS 217B.535. The

licensee shall not perform any type of regulated activity until the license is

reactivated.

      (b) Employee commercial license and certification. An

employee of the Kentucky Department of Agriculture employed after the effective

date of this administrative regulation shall not obtain or maintain any active

commercial pesticide license or active certification during the term of his

employment with the department unless required by the department in the

performance of his official duties. Any commercial pesticide license obtained

by an employee prior to the effective date of this administrative regulation

shall be placed in inactive status for the duration of his employment with the

department unless required by the department in the performance of his official

duties.

      (2) If a person qualifies for certification incident

to qualification for a license to do business, the department shall issue him

one (1) document which shall be the license to do business and shall contain

the certification category number.

      (3) The department may, after payment of all applicable

fees, waive the certification requirement and issue a certification to any

person who holds a valid certification in another state if, in the opinion of

the department, the other state's requirements are substantially similar to

that of Kentucky and the other state agrees to reciprocate with Kentucky.

      (4) A certification may be granted, denied, suspended,

or revoked independent of the grant, denial, suspension, or revocation of any

license to do business. In a like manner, any license to do business may be

suspended or revoked independent of the grant, denial, suspension, or

revocation of any certification.

 

      Section 9. Incorporation by Reference. (1)

"Structural Pest Control License Form", October 2012, is incorporated

by reference.

      (2) This material may be inspected, copied, or

obtained, subject to applicable copyright law, at the Kentucky Department of

Agriculture, Division of Pesticide Regulation, Frankfort, Kentucky 40601,

Monday through Friday, 8 a.m. to 4:30 p.m. (28 Ky.R. 753; Am. 1380; eff. 12-19-2001;

37 Ky.R. 118; 9-8-10; 39 Ky.R. 558; 969; eff. 12-7-2012.)
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