C&T: State Regulatory Programs

& Variations

North American Pesticide Applicator Certification and Safety Education Workshop

Madison, WI.

Gina M. Davis

Michigan Department of Agriculture

C&T: State Regulatory Programs and Variations

Code of Federal Regulations

40 CFR Part 171

• Standards for certification of pesticide applicators – Commercial– Private

• Restricted Use Pesticides

• Standards for supervision

Code of Federal Regulations

40 CFR Part 171

40 CFR Part 171.7 -

“If any state, at any time, desires to certify applicators of restricted use pesticides, the Governor of that State shall submit a state plan for that purpose. The administrator shall approve the plan submitted by any State if the plan in his judgement - ….”

40 CFR Part 171.7 -

• Designates a State agency as the agency responsible for administering the plan.

• Contains satisfactory assurances– Legal authority– Qualified personnel

40 CFR Part 171.7 - Submission and approval of State plans

• Specific requirements….– Specific legal authorities– Reporting requirements– Standards for the certification of applicators– Provisions for issuance of credentials– Reciprocity– Maintenance of State Plans

State Regulatory Programs - Variations

• Agency Involvement

• Program Scope

• Operational variations

– Department of Agriculture

– Structural Pest Control Board

– State Health Agency

– Cooperative Extension

– Other cooperating organizations

State Regulatory Programs - Agency Involvement

State Regulatory Programs - Scope

– Restricted Use

– General Use

– Applicator Type• Commercial Applicator• Private Applicator

• Applicator

• Commercial Licensed Applicator

• Non-commercial Licensed Applicator

• Public Applicator/Operator

• Registered Technicians

• Service Technicians

• Limited Commercial

• Custom Applicator

Categories of Commercial Certification40 CFR 171.3

• Agricultural Pest Control

• Forest Pest Control• Ornamental and Turf

Pest Control• Seed Treatment• Aquatic Pest Control• Right-of-way Pest

Control

• Industrial, Institutional, Structural and Health Related Pest Control

• Public Health Pest Control

• Regulatory Pest Control

• Demonstration and Research

• Ag. Plant• Ag. Animal• Ag. Weed• Ag. Disease• Field crops• Vegetable crops• Fruit crops• Fruit, Nut & Veg. Crops• Weed & Brush Control• Predatory Animal Control

• Farm Storage Pest Control

• Livestock & Poultry• Seed Treatment• Horticultural Pest Control• Soil & Ag Fumigation• Livestock Protection

Collar• Citrus Pest Control

Agricultural Pest Control

Ornamental & Turf Pest Control

• Greenhouse Pest Control• Plant Pest & Weed Control• Weed Control• Insect Control• Disease Control• Interior Plant Maintenance

Other categories….

• School IPM Pest Control• Food Processing• Golf Course Pest Management• Sports Turf Pest Management• Roadside Vegetation Management• Railroad Vegetation Management• Utility Right-of-Way• Pocket Gopher Pest Control

State Regulatory Programs - Operational Variations

– Exam requirement

– Examinee identification

– Oversight of examination

–Type of examination

State Regulatory Programs - Operational Variations

– Age requirements

– Pre-requisite training

– Expiration of credential

– Certification renewal

Challenges?• Program variations can make change and

improvement difficult.

• Administrative difficulties

• Reciprocity is often overly complicated

• Different requirements for applicators working in multiple states.

• Other ?

Questions?