Conn. Agencies Regs. § 22a-66-5 - Certification of applicators
(a) In the
determination of competency required for certifying an operational commercial
applicator who is not considered a certified applicator under FIFRA, the
commissioner may require that an applicant meet a lower level of competency
than is required of a certified supervisory commercial applicator.
(b) The commissioner shall not issue a
pesticide certification to any person under 18 years of age.
(c) A certificate holder shall submit a
request for a duplicate certificate to the commissioner in writing. The
commissioner may charge two dollars to cover the cost of each duplicate
certificate issued.
(d) The
commissioner may issue two types of certification documents which may include
the following information:
(1) Full size
document: applicator's name, address, certification number, expiration date and
categories of certification; or
(2)
Wallet size document: applicator's name, certification number, expiration date,
categories of certification, applicator's photograph and signature. The wallet
size document shall be carried on the person of anyone who applies pesticides
for hire when such person is acting in the capacity of a supervisory commercial
applicator.
(e) A
certified applicator shall notify the commissioner of any change of address not
later than 30 days after such change.
(f) A supervisory certificate shall be
required for a commercial applicator who is responsible for deciding whether or
not pesticides are to be employed, how they are to be employed, what pesticides
are to be used, the dosages and timing involved in such pesticide use and the
methods of application and precautions to be taken in the use of such
pesticides. This includes, but is not limited to, any person who, upon
inspection of stored products, crops, plants, bodies of water, or a building or
other structure for pest damage, recommends or suggests treatment to control or
alleviate pest damage.
(g) An
operator's certificate shall be required for a commercial applicator who
actively uses pesticides in other than a supervisory capacity including but not
limited to:
(1) a person who applies, mixes
or handles pesticides in other than completely closed containers;
(2) a person who comes in contact with
pesticides through drift for more than brief periods; or
(3) a person who assists with the application
of pesticides under the supervision of a holder of a supervisory
certificate.
(h) There
shall be two classes of operational certificates: junior operational
certificate and senior operational certificate. The commissioner shall require
an applicant in either class to take a written examination in order to
determine the competency of the applicant. In order to obtain a senior
operational certificate, the commissioner may require the applicant to take
separate examinations for different categories of pesticide application. The
senior operator shall be certified only in those categories in which the senior
operator has passed such examination.
(i)
(1) No
commercial application of pesticides shall be made unless a person holding a
valid supervisory certificate:
(A) is present
at the time of application where such presence is required by the labeling;
or
(B) where labeling does not
require the presence of a certified supervisory applicator at the site of
application, the certified supervisory applicator shall either be present at
the time of application or provide written instruction to the certified
operator. The written instructions may be delivered to the certified operator
in electronic form. If the instructions are delivered in electronic form, they
shall be made available in printed form or electronically transmitted to the
commissioner or the commissioner's representative at the time of an inspection
of the operator or the operator's business. The written instructions shall be
in the possession of the certified operator at the time of
application.
(2)
(A) Written directions for use of a pesticide
provided to a junior operator shall include the certified supervisor's name and
certification number, the certified operator's name and certification number,
the pest to be controlled, the pesticide to be used, directions for use of the
pesticide, including but not limited to, the dilution rate of the pesticide to
be used if other than a ready-to-use product and method of application, the
place to be treated and the site or sites at the place that is to be treated.
Site shall be specifically designated so it is clear which of the instructions
on the pesticide label are to be followed. The written instructions may require
further directions depending on the product label precautions and site specific
treatment limitations. (II) A junior operator may choose not to apply a
pesticide if there are no pests present or if conditions present a potential
increased risk of harm if pesticides are used.
(3)
(A)
Written instructions for use of a pesticide provided to a senior operator shall
include the certified supervisor's name and certification number, the certified
operator's name and certification number, place of application, and the
directions for control of each pest expected to be encountered at the place.
The directions for control of a pest shall include, but not be limited to, the
pesticide or pesticides to be used, the dilution rate, if applicable, of the
pesticide and method of application. A senior operator may maintain the
directions for control of a pest as a reference for future applications at
multiple places.
(B) The written
instructions provided to a senior operator shall be limited to the category of
pesticide application in which the senior operator is certified.
(C) For the purposes of each pesticide
application, a senior operator who is not certified to apply a particular
category of pesticide shall be considered a junior operator.
(D) The senior operator may choose not to
apply a pesticide if there are no pests present or if conditions present a
potential increased risk of harm if pesticides are used.
(4) A certified supervisor shall be available
to an operator when and if needed, and shall be able to be present at the site
of pesticide application not later than two hours after being contacted by the
operator.
(5) A commercial
applicator shall retain the written instructions provided to the operator as
part of the records described in section
22a-58(d)
of the Connecticut General Statutes.
(j)
(1) The
commissioner may issue new certificates so that one-fifth of the certificates
come due each year on the following schedule:
(A) Year one - applicators whose last names
start with letters A - C
(B) Year
two - applicators whose last names start with letters D - H
(C) Year three - applicators whose last names
start with letters I - M
(D) Year
four - applicators whose last names start with letters N - S
(E) Year five - applicators whose last names
start with letters T - Z
(2) The commissioner may pro-rate the
required fee in order to have the next renewal date fall due according to the
schedule in subdivision (1) of this subsection.
Notes
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