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.)