Iowa Admin. Code r. 21-45.22 - [Effective 1/1/2026] License and certification standards for pesticide applicators
No person shall engage in the business of applying pesticides to the land or property of another at any time without being licensed and certified by the secretary. No person shall apply any restricted use pesticide without first complying with certification standards or unless the application is made under the direct supervision of a certified applicator as specified in this chapter.
(1)
License for
commercial, noncommercial and public applicators. Before a license is
issued, each commercial, noncommercial and public applicator shall demonstrate
competence by qualifying for a commercial, noncommercial and public
applicator's license by successfully completing the appropriate certification
examinations administered by the secretary to demonstrate knowledge regarding
the potential for pesticides contaminating groundwater aquifers and proper
pesticide handling practices that will aid in preventing the contamination of
groundwater aquifers, calibration, integrated pest management, recognition of
common pests to be controlled, timing and methods of application,
interpretation of label and labeling information, safety precautions and
preharvest or reentry restrictions, specific procedures to be used in disposing
of pesticides and containers, and related legal responsibility under the
classifications for which such applicant is to be licensed.
a. Examination scores for individuals not
completing certification requirements or paying the required fees shall be
maintained on file as valid test scores for a maximum of one year following the
date each examination was successfully completed.
b. Certification categories that are added to
an individual's current certification shall expire on the same date the
individual's current certification card expires.
(2)
Certification of commercial,
noncommercial and public applicators.
a. Initial certification. To be initially
certified as a commercial, noncommercial or public applicator, a person shall
demonstrate a fundamental knowledge of the minimum state and federal standards
of competency for commercial applicators by passing an examination administered
by the department. The examination must cover subjects relating to the safe
handling, application and storage of pesticides; the correct calibration of
equipment used for the application of pesticides; the effects of pesticides
upon groundwater; and subjects related to the minimum standards of competency
for commercial applicators outlined in
40 CFR
171.101 and
40 CFR
171.103 as revised March 3, 2017.
b. A person who employs noncommercial
applicators shall apply for a noncommercial applicator's license; and all
noncommercial applicators shall be certified by successfully completing the
appropriate examinations for the type of restricted use pesticide applications
being made and shall be required to pay the certification fee of $75 for a
three-year certification for each employee certified. Noncommercial applicators
shall be subject to the $25 annual license fee. The provisions of Iowa Code
section 206.13 relating to licenses and
requirements for their insurance shall not apply to a noncommercial applicator,
providing that the noncommercial applicator:
(1) Is a full-time employee of a privately
held entity.
(2) Shall not publicly
claim to be a commercial pesticide applicator nor engage in the business of
applying pesticides other than as an employee of a company on company
property.
c. Separate
examinations shall be taken and passed for each category or subcategory in
which the commercial, noncommercial or public applicator intends to become
certified. A person must demonstrate practical knowledge and meet the
competency standards outlined to be certified in each category or subcategory.
The category descriptions and competency standards include:
(1) Agricultural pest control. Includes
persons who use or supervise the use of pesticides to control pests in crops
grown where the ultimate uses of the many commodities may be food or feed
products, or both, and include other industrial or manufacturing uses, or both,
of agricultural commodities. Persons who use or supervise the use of pesticides
directly on animals or areas or places on or in which animals are confined are
included. Agricultural pest control is comprised of five subcategories:
1. Agricultural weed control. Includes
persons using or supervising the use of pesticides to control plant pests in
the production of agricultural crops, including but not limited to feed, small
grains, or both; corn; soybeans; forage; grasslands; and non-crop agricultural
lands.
2. Agricultural insect
control. Includes persons using or supervising the use of pesticides to control
insect pests in the production of agricultural crops, including but not limited
to feed, small grains, or both; corn; soybeans; forage; grasslands; and
non-crop agricultural lands.
3.
Agricultural crop disease control. Includes persons using or supervising the
use of pesticides to control plant diseases in the production of agricultural
crops, including but not limited to feed, small grains, or both corn; soybeans;
forage; grasslands; and non-crop agricultural lands.
4. Agricultural fruit and vegetable control.
Includes persons using or supervising the use of pesticides to control plant,
insect, or disease pests in the production of food for human consumption,
including but not limited to vegetables, small fruits, tree fruits, and
nuts.
5. Animal pest control.
Includes persons using or supervising use of pesticides directly on animals in
the production of an agricultural commodity including but not limited to beef
cattle, dairy cattle, swine, sheep, horses, goats, poultry, or any other
livestock, or areas or places on or in which animals are confined.
(2) Forest pest control. Includes
persons using or supervising the use of pesticides in forests, forest
nurseries, and forest seed production areas. To be certified in this category,
a person shall demonstrate practical knowledge and competency as outlined in
40 CFR
171.103(d)(2) as revised
March 3, 2017.
(3) Ornamental and
turf pest control. Includes persons who use or supervise the use of pesticides
to control pests in the maintenance and production of ornamental plants and
turf grass, including in and around structures. Ornamental and turf pest
control is comprised of four subcategories:
1.
Ornamental and turf pest control. Includes persons using or supervising the use
of pesticides to control pests in the maintenance and production of ornamental
trees, shrubs, flowers, and turf grass, including in and around structures
(except greenhouses), plant nurseries, golf courses, athletic fields, public or
private grounds, turf farms, or similar areas.
2. Turf pest control. Includes persons using
or supervising the use of pesticides to control pests only in the maintenance
and production of turf grasses, including in and around structures (except
greenhouses or other enclosed, climate-controlled environments), plant
nurseries, golf courses, athletic fields, public or private grounds, turf
farms, or similar areas.
3.
Ornamental pest control. Includes persons using or supervising the use of
pesticides to control pests in the maintenance and production of ornamental
trees, shrubs, flowers, and other ornamental plants, except turf, in areas
other than a greenhouse or other enclosed, climate-controlled
environment.
4. Greenhouse pest
control. Includes persons using or supervising the use of pesticides in the
production and maintenance of ornamental trees, shrubs, or any other plants in
a greenhouse setting and also in any other indoor, controlled
environment.
(4) Seed
treatment. Includes persons using or supervising the use of pesticides to
seeds. To be certified in this category, a person shall demonstrate practical
knowledge and competency as outlined in
40 CFR
171.103(d)(4) as revised
March 3, 2017.
(5) Aquatic pest
control. Includes persons using or supervising the use of pesticides to
standing or running water to control aquatic pests, excluding applicators
engaged in public health-related activities. To be certified in this category,
a person shall demonstrate practical knowledge and competency as outlined in
40 CFR
171.103(d)(5) as revised
March 3, 2017.
(6) Right-of-way
pest control. Includes persons using or supervising the use of pesticides in
the maintenance of public roads, electric power lines, pipelines, railroad
rights-of-way, industrial site weed control, fence lines, structural
perimeters, or other similar areas to control unwanted vegetation. To be
certified in this category, a person shall demonstrate practical knowledge and
competency as outlined in 40
CFR 171.103(d)(6) as revised
March 3, 2017.
(7) Industrial,
institutional, and structural pest control. Includes persons who use or
supervise the use of pesticides in, on, or around the following: food handling
establishments, packing houses, food processing facilities, human dwellings,
institutions, industrial establishments, and any other structures and adjacent
areas, public or private, for the protection of stored, processed, or
manufactured products. Industrial, institutional, and structural pest control
is comprised of six subcategories:
1. General
and household pest control. Includes persons using or supervising the use of
pesticides, except fumigants, for general and household pest control in human
dwellings, including indoor areas normally frequented or inhabited by humans,
such as but not limited to schools, hospitals, institutions, dining facilities,
food dispensing and food handling establishments, food manufacturers and
processors, industrial establishments, warehouses, and any other structures and
adjacent areas, public or private. This subcategory also covers the protection
of stored, processed, or manufactured products from insects and similar
organisms, pest birds, or vertebrate pests.
2. Termite control. Includes persons
conducting wood-destroying insect inspections for the purpose of issuing a
wood-destroying insect report for real estate transactions and real estate
refinance transactions or for treatment or supervision of treatment for control
or prevention of wood-destroying insect infestations.
3. Non-soil fumigation. Includes persons
using or supervising use of pesticides in a gaseous form that are classified as
fumigants to control pests in anything other than soil. To be certified in this
category, a person shall demonstrate practical knowledge and competency as
outlined in 40 CFR
171.103(d)(14) as revised
March 3, 2017.
4. Community insect
control. Includes persons using or supervising the use of pesticides to control
flies or mosquitoes in a community or public health program. Public applicators
as defined by Iowa Code section
206.2(23) who
apply or supervise the use of pesticides to control pests in a public health
program are required to be certified in the public health pest control
category.
5. Wood preservatives.
Includes persons using or supervising the use of wood-preserving pesticides to
control or protect against wood-destroying organisms.
6. Antifouling paints. Includes persons using
or supervising use of tributyltin (TBT) paints for the purpose of inhibiting
the growth of aquatic plant and animal organisms on submerged marine structures
and on the hulls of boats and ships.
(8) Public health pest control. Includes
persons using or supervising the use of pesticides in any designated public
health program for the management and control of pests, vertebrate or
invertebrate, that may have medical or public health importance or both. To be
certified in this category, a person shall demonstrate practical knowledge and
competency as outlined in 40
CFR 171.103(d)(8).
(9) Regulatory pest control. Includes state,
federal, or other governmental employees who use or supervise the use of
pesticides in the control of pests as part of official regulatory
responsibilities. To be certified in this category, a person shall demonstrate
practical knowledge and competency as outlined in
40 CFR
171.103(d)(9) as revised
March 3, 2017.
(10) Demonstration
and research pest control. Includes persons who demonstrate to the public the
proper use and techniques of application or persons who research the use of
pesticides and in doing so use or supervise the use of pesticides. Individuals
certified in demonstration and research pest control are also required to be
certified in another category that is specific to the particular type of
pesticide being employed for the particular project. To be certified in this
category, a person shall demonstrate practical knowledge and competency as
outlined in 40 CFR
171.103(d)(10) as revised
March 3, 2017.
(11) Aerial
application. Includes persons who use any aircraft to apply pesticides to
control plant, insects or similar organisms; plant diseases in the production
of agricultural commodities; food for human consumption, including but not
limited to vegetables, small fruits, tree fruits and nuts, feed or small
grains, corn, soybeans, forage, grasslands, and pasture; or a combination
thereof.
(12) Soil fumigation.
Includes persons using or supervising the use of gaseous pesticides in soil. To
be certified in this category, a person shall demonstrate practical knowledge
and competency as outlined in
40 CFR
171.103(d)(13) as revised
March 3, 2017.
d.
Commercial applicator minimum age. A commercial applicator must be at least 18
years old.
(3)
Certification of private applicators.
a. Initial certification. To be initially
certified as a private applicator, a person shall demonstrate a fundamental
knowledge of the minimum state and federal standards of competency for private
applicators by passing an examination administered by the department and
submitting a $15 certification fee. The examination shall cover subjects
related to the minimum standards of competency for private applicators outlined
in 40 CFR
171.105 as revised March 6, 2017. A private
applicator shall pay a certification fee of $15 for a period not to exceed
three years.
b. Renewal of private
applicator certification. A private applicator's certification shall be renewed
upon evidence that the applicator has paid the required certification fee and
has successfully completed an instructional course consisting of either an
examination or continuing instructional courses as prescribed by the
department. A private applicator shall pass an examination each third year
following initial certification or may elect to attend two hours of approved
continuing instructional courses each year during the renewal period. A private
applicator failing to complete the required two hours of approved instruction
for each year during the renewal period following initial certification or
recertification shall be required to pass an examination prior to
recertification.
c. A private
applicator who purchases or applies a soil or non-soil fumigant that is
classified as a restricted use pesticide shall pass an examination prescribed
by the department for initial certification in the private fumigation category
in addition to the examination required for initial private certification. To
be certified in this category, a person shall demonstrate practical knowledge
and competency as outlined in
40 CFR
171.105(d) and
40 CFR
171.105(e) as revised March
3, 2017. Upon successfully completing the required private fumigation
examination, the private applicator's certification credentials shall be so
designated. The fumigation category designation shall remain valid until the
private applicator's certification expires. To renew the fumigation category
certification, a private applicator may elect to complete an instructional
course consisting of either an examination or instructional course as
prescribed by the department in addition to the examination or instruction
required for private certification.
d. A private applicator must be at least 18
years old.
(4)
Renewal of license classification and certification.
a. Each commercial, noncommercial and public
applicator's license classification shall expire annually on December 31 and
shall be renewed upon payment of the required license fee provided that all of
the applicant's personnel who apply pesticides are certified commercial,
noncommercial or public applicators and are certified in the appropriate
classifications covering their pesticide application activities.
b. Each commercial, noncommercial and public
applicator's certification shall expire December 31 of the third year of the
three-year certification and shall be renewed by the department upon receipt of
evidence that the applicator has paid the required certification fee and has
completed an instructional course consisting of either an examination or
continuing instructional courses as prescribed by the department. A commercial,
noncommercial or public applicator shall pass an examination each third year
following initial certification or may elect to attend two hours of approved
continuing instructional courses each year during the renewal period. A
commercial, noncommercial or public applicator seeking recertification by
attending continuing instructional courses shall attend courses approved for
each certification category in which the person is seeking recertification. A
two-hour continuing instructional course may be approved for more than one
certification category. A commercial, noncommercial or public applicator
failing to complete the required two hours of approved instruction for each
year during the renewal period shall be required to pass an examination prior
to recertification.
c. Any person
who attempts to misrepresent anyone or attempts to use unauthorized assistance
in passing any examination shall be denied the privilege of taking any
examination for the period of one year.
d. The secretary may revise certification
periods for pesticide applicators with certification fees adjusted to reflect
an equivalent certification fee based on fees currently established in order to
provide a more uniform distribution of pesticide applicator certification
renewal dates.
(5)
Certification renewal periods for commercial, noncommercial, public and
private applicators.
a. Renewal
periods for commercial, noncommercial, and public applicators. The renewal
period is the time within which the commercial, noncommercial, public and
private applicators have to renew their certification by either completing the
required certification examination or completing instructional courses and
paying the required certification fee. Except as provided in paragraph
45.22(5)"c," the renewal period for commercial, noncommercial
and public applicators shall begin on the date a person has completed the
required certification examination or instructional courses and paid the
required certification fee. The renewal period shall end on December 31 of the
third calendar year of the certification cycle.
b. The renewal period for private
applicators. The renewal period for a private applicator shall begin on the
date a person has completed the required certification examination or
instructional courses and paid the required certification fee. The renewal
period shall end on April 15 of the calendar year following the certification
expiration date.
c. The renewal
period for a person completing initial certification requirements on October 1
or any time thereafter during a calendar year shall begin on January 1 of the
following calendar year.
d. Except
as provided in paragraphs 45.22(5)"a," "b," and
"c," continuing instruction credits from a previous year in a
certification renewal period shall not be accepted nor shall credits
accumulated be accepted for use in a future year in a certification renewal
period.
(6)
Report of licensee.
a. A
commercial, noncommercial or public applicator applying for recertification
without retesting shall file a report on a form provided by the department
certifying that the required continuing instructional courses have been
completed.
b. The licensee shall
maintain a file of the certificates of completion required under subrule
45.52(4) for each employee recertifying by attending continuing instruction
courses. The file shall contain the certificates of completion for the period
covering the previous certification period and current certification period for
each employee receiving continuing instruction courses.
c. An employee who transfers to a new
employer shall, upon request, be provided copies of the certificates of
completion on file with the previous employer for filing with a new
employer.
d. Files containing
certificates of completion shall be open for inspection upon request by the
department.
(7)
Direct supervision of noncertified applicators. Certified
applicators whose activities indicate a supervisory role in the use of
restricted use pesticides by noncertified applicators must demonstrate a
practical knowledge of federal and state supervisory requirements, including
any requirements on the product label and labeling, regarding the use of
restricted use pesticides.
a. A noncertified
applicator must be at least 18 years old to apply a restricted use
pesticide.
b. A noncertified
applicator may use restricted use pesticides to property owned or rented by a
private applicator who is an immediate family member if the uncertified
applicator works under the direct supervision and instruction and control of a
certified private applicator.
c. A
noncertified applicator cannot use a restricted use pesticide as a fumigant or
through aerial application.
d. A
noncertified applicator cannot use a restricted use pesticide that contains
sodium cyanide or sodium fluoroacetate.
e. The noncertified applicator must have been
instructed within the last 12 months in the safe operation of any equipment for
use in mixing, loading, transferring, or applying pesticides.
f. The noncertified applicator must meet
qualification requirements under
40 CFR
171.201(c) as revised March
3, 2017.
g. The supervising
certified applicator must be certified in each category applicable to the
supervised pesticide use.
(8)
Certified handler.
a. Each person employed by a licensed
commercial applicator, noncommercial applicator, public applicator, or
pesticide dealer who handles pesticides in other than unopened containers for
the purposes of preparing, mixing or loading pesticides for application by
another person, repackaging bulk pesticides or disposing of pesticide-related
wastes from these activities shall become certified by taking and passing an
examination as prescribed by the secretary.
b. A certified handler shall demonstrate a
fundamental knowledge of the potential for pesticides contaminating groundwater
aquifers or surface waters and proper handling practices that will aid in
preventing the contamination of groundwater aquifers or surface waters, adverse
effects on the environment and any other personal or public hazards associated
with the use of pesticides by passing a fundamental examination administered by
the secretary covering interpretation of label and labeling information, mixing
and application of pesticides in accordance with label instructions including
proper concentration of pesticides to be used and local environmental
situations that shall be considered during handling of pesticides to avoid
contamination, specific procedures to be used in disposing of pesticides and
containers, recognition of poisoning symptoms, procedures to follow in case of
a pesticide accident, safe handling of pesticides and the effects on
groundwater and surface water, the proper use of personal safety equipment and
related legal responsibilities.
c.
A certified handler's certification shall expire December 31 of the third year
of the three-year certification and shall be renewed by the secretary upon
receipt of evidence that the applicator has passed a written examination
similar and equal to that required to obtain initial certification and has paid
the required certification fee. A 21-day grace period from the day of initial
employment shall be allowed to meet the certification requirements.
d. A certified handler employed by a licensed
applicator shall work under the direct supervision of a certified commercial,
noncommercial or public applicator employed by the same firm or agency. "Under
direct supervision" shall not require the physical presence of the supervising
certified applicator in reference to agricultural crop general use pesticide
applications if the supervisor is immediately available if and when
needed.
e. A certified handler may
apply restricted use pesticides as a noncertified applicator if the
requirements for direct supervision of noncertified applicators in subrule
45.22(7) are met.
f. A certified
handler shall not act in the capacity of a supervisor of other certified
handlers or certified applicators.
(9)
Temporary exemption from
certification. A commercial, noncommercial, public or private
applicator need not be certified to apply general use pesticides for a period
of 21 days from the date of initial employment if the commercial,
noncommercial, public or private applicator is under the direct supervision of
a certified applicator. "Under the direct supervision of" means the application
of a pesticide is made by a competent person acting under the instructions and
control of a certified applicator who is physically present by being in sight
or hearing distance of the supervised person.
a.
Temporary exemption for
certification for agricultural applicators. A commercial applicator
who applies pesticides to agricultural land may elect to be exempt from the
certification requirements for a commercial applicator for a period of 21 days
from the date of initial employment if the applicator meets the requirements of
a private applicator. A private applicator who applies restricted use
pesticides to agricultural land and elects to take advantage of the exemption
as provided for in Iowa Code section
206.5 shall work under the
direct supervision of a certified commercial applicator and meet the
requirements for direct supervision of noncertified applicators in subrule
45.22(7).
b.
Employees of
food processing and distribution establishments. An employee of a food
processing and distribution establishment is exempt from the certification
requirements of Iowa Code section
206.5, provided the following
conditions are met:
(1) The employer has at
least one person holding a supervisory position who is a certified
applicator.
(2) The employer
provides a program approved by the department for training, testing and
certification of personnel who apply, as an incidental part of their duties,
any restricted use pesticide on property owned or rented by the
employer.
(3) The exempt employee
does not apply restricted use pesticides.
(4) The exempt employee applies general use
pesticides under the direct supervision of a certified applicator. "Under
direct supervision" shall not require the physical presence of the supervising
certified applicator if the supervising applicator is immediately available if
and when needed.
(5) The
supervising certified applicator must be certified in each category applicable
to the supervised pesticide use.
(10)
License
application-contents. Each license application submitted pursuant to
Iowa Code section 206.6 shall include a complete
list of all employees who may apply pesticides. Any changes regarding the
status of the employees named on the application or new employees shall be
reported immediately to the pesticide section of the department of agriculture
and land stewardship.
(11)
Exemption from certification. An employee of a public agency
who applies pesticides that are classified for general use and that are in
ready-to-use formulations shall be exempt from the certification requirements
of Iowa Code chapter 206 provided that the application of pesticides is an
incidental part of the person's duties.
(12)
Pesticide use on private golf
courses. Employees of private golf courses who apply pesticides shall
comply with the same requirements for employees applying pesticides for public
golf courses including but not limited to certification and notification
requirements.
(13)
Transition to recertification by instruction. Recertification
may be accomplished by successful completion of the required written
examination every third year or completion of an approved two-hour
instructional course each year of the renewal period.
a.
Private applicator
recertification. A private applicator may apply for recertification by
providing evidence of completion of an approved two-hour instructional course
for each year during the preceding three-year renewal period. A private
applicator failing to meet the required annual two-hour instruction requirement
for recertification during the three-year certification renewal period shall
apply for recertification by providing evidence of satisfactorily completing an
examination. Applications for recertification shall be submitted with a $15
certification fee.
b.
Commercial, noncommercial, and public applicator
recertification. A commercial, noncommercial or public applicator may
apply for recertification by providing evidence of completion of an approved
two-hour instructional course in each of the three calendar years preceding the
expiration date. Applications for recertification shall be submitted with the
appropriate certification fee.
(14)
Requirements for commercial
aerial applicator and aerial applicator consultant.
a.
Commercial aerial applicator
license. The licensed aerial applicator applying pesticides to
agricultural land shall operate in Iowa in consultation with an aerial
applicator consultant. The application form for a commercial aerial applicator
license shall be provided by the pesticide bureau. The completed application
form, together with supporting documentation, will verify compliance with Iowa
Code chapter 206 and the rules of this chapter. An aerial applicator license
may be issued when the applicant has provided the name and license number of
the aerial applicator consultant and other required information on the
application form, passed the required certification examinations, and paid the
commercial applicator license and certification fees in compliance with Iowa
Code sections 206.5 and
206.6.
b.
Aerial applicator consultant
duties. An aerial applicator consultant shall:
(1) Complete requirements for category #11
aerial applicator certification and either a commercial pesticide applicator
license or pesticide dealer license.
(2) Register with the pesticide bureau on
forms provided by the pesticide bureau.
(3) Meet with each aerial applicator under
the consultant's consultation prior to application of pesticides and verify
compliance with Iowa's pesticide rules, the requirements of the Federal
Aviation Administration, and the requirements of the Iowa department of
transportation using a checklist provided by the pesticide bureau. A copy of
the completed checklist shall be maintained on file for three years with the
aerial applicator consultant.
(4)
Provide detailed aerial maps for the intended application location that clearly
depict field boundaries, roads, dwellings, adjacent fields, water bodies, and
other pertinent information, as well as county, township and section and
latitude/longitude if available.
(5) Maintain daily communication with the
aerial applicator when pesticide applications are performed with a minimum of
one meeting in person each day to emphasize safe pesticide application and
handling procedures.
(6) Maintain
daily oversight of pesticide handlers who supply or mix pesticides for the
aerial applicator under the consultant's consultation to ensure required
personal protective equipment is utilized.
(7) Provide information to the aerial
applicator regarding sensitive areas listed on the department's sensitive crop
registry and arrange for proper protection of registered apiaries. The aerial
applicator consultant shall identify nearby sensitive areas including the
location of endangered species as identified by the U.S. Environmental
Protection Agency (EPA) and listed on the pesticide bureau's website, water
bodies in or adjoining the field of application, roads adjoining the field of
application, and places adjoining the field of application that may be occupied
by people, including farmworkers.
(8) Provide instructions for proper emergency
response procedures for the aerial applicator and pesticide handlers in the
case of a pesticide spill or accident. Require that while in the air all pilots
have an electronic communication device capable of communicating with a
consultant.
(9) Provide information
immediately upon request to regulatory officials regarding the identification
of a pesticide applied to an area of concern and the name and license number of
the applicator working under the consultant's consultation.
(10) Notify the aerial applicator in person
and in writing upon termination of consultation services. The aerial applicator
shall notify the pesticide bureau when the aerial applicator begins working
with a new aerial applicator consultant.
c.
Procedures for aerial
application. The aerial applicator consultant shall provide the
licensed aerial applicator with the following:
(1) Name and telephone number where the
consultant may be reached during hours of operation.
(2) Name and address or location of the
property where the pesticide will be applied including detailed maps of fields
that clearly depict the field boundaries, roads, dwellings, adjacent fields,
water bodies, and other pertinent information, as well as county, township and
section and latitude/longitude if available.
(3) Name of the pesticide(s) to be applied
and copies of each label along with instructions necessary to comply with
Iowa's pesticide rules. The aerial applicator consultant shall verify that the
aerial applicator has read and understands the label instructions.
(4) Maps of the intended location for each
pesticide application reviewed and approved by the aerial applicator
consultant. The aerial applicator consultant shall provide information to the
aerial applicator regarding sensitive areas listed on the department's
sensitive crop registry and shall arrange for proper safety precautions to
protect registered apiaries.
(5)
The identification of nearby sensitive areas including the location of
endangered species as identified by EPA and listed on the pesticide bureau's
website, water bodies in or adjoining the field of application, roads adjoining
the field of application, and places adjoining the field of application that
may be occupied by people, including farmworkers.
d.
Responsibility. The
aerial applicator is responsible for applying pesticides in compliance with
label directions and Iowa's pesticide rules. The aerial applicator consultant
supplying a pesticide for application by the aerial applicator is responsible
for handling and mixing the pesticides according to label directions and Iowa's
pesticide rules.
e.
Aerial
applicator certification and continuing instruction. An aerial
applicator and aerial applicator consultant shall pass an examination for
initial certification. An aerial applicator from a state with an approved
reciprocal certification agreement will be eligible for reciprocal
certification. Each certified aerial applicator and aerial applicator
consultant shall participate in a program of continuing instruction that shall
consist of either an examination or educational program approved by the
department. The continuing instruction program shall include information
regarding the safe application and handling of pesticides and responsible
operation of aircraft spray equipment.
(15)
Recordkeeping requirements for
supervisions of noncertified applicators by certified commercial
applicators. Commercial applicators shall maintain records of
noncertified applicator qualifications in accordance with 45.26(3) for two
years from the date of the restricted use pesticide application and shall
furnish copies to the secretary upon request in writing. Records of each
transaction shall include the following information:
a. Name of the noncertified applicator and
signature.
b. The certified
applicator's certification number on the document evidencing that person's
certification, the state or other governmental unit that issued the document,
and the expiration date of the certification.
This rule is intended to implement Iowa Code sections 206.2, 206.4, 206.5, 206.6, 206.7, and 206.31.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No
(1) License for commercial, noncommercial and public applicators. Before a license is issued, each commercial, noncommercial and public applicator shall demonstrate competence by qualifying for a commercial, noncommercial and public applicator's license by successfully completing the appropriate certification examinations administered by the secretary to demonstrate knowledge regarding the potential for pesticides contaminating groundwater aquifers and proper pesticide handling practices that will aid in preventing the contamination of groundwater aquifers, calibration, integrated pest management, recognition of common pests to be controlled, timing and methods of application, interpretation of label and labeling information, safety precautions and preharvest or reentry restrictions, specific procedures to be used in disposing of pesticides and containers, and related legal responsibility under the classifications for which such applicant is to be licensed.
a. Examination scores for individuals not completing certification requirements or paying the required fees shall be maintained on file as valid test scores for a maximum of one year following the date each examination was successfully completed.
b. Certification categories which are added to an individual's current certification shall expire on the same date the individual's current certification card expires.
(2) Certification of commercial, noncommercial and public applicators.
a. Initial certification. To be initially certified as a commercial, noncommercial or public applicator, a person shall demonstrate a fundamental knowledge of the minimum state and federal standards of competency for commercial applicators by passing an examination administered by the department . The examination may cover subjects relating to the safe handling, application and storage of pesticides, the correct calibration of equipment used for the application of pesticides, and the effects of pesticides upon groundwater The examination may also cover subjects related to the minimum standards of competency for commercial applicators outlined in 40 CFR 171.4(b) and (c) as revised July 1, 1992.
b. A person who employs noncommercial applicators shall apply for a noncommercial applicator 's license; and all noncommercial applicators shall be certified by successfully completing the appropriate examinations for the type of restricted use pesticide applications being made and shall be required to pay the certification fee of $75 for a three-year certification for each employee certified. Noncommercial applicators shall be subject to the $25 annual license fee. The provisions of Iowa Code section 206.13 relating to licenses and requirements for their insurance shall not apply to a noncommercial applicator , providing that the noncommercial applicator :
(1) Is a full-time employee of a privately held entity.
(2) Shall not publicly claim to be a commercial pesticide applicator nor engage in the business of applying pesticides other than as an employee of a company on company property.
c. Separate examinations shall be taken and passed for each classification or category in which the commercial, noncommercial or public applicator intends to become certified, including the following: #1a-Agriculture Weed Control, #1b-Agriculture Insect Control, #1c-Agriculture Crop Disease Control, #1d-Fruit and Vegetable Pest Control, #1e-Animal Pest Control, #2-Forest Pest Control, #3ot-Ornamental and Turf Pest Control, #3t-Turf Pest Control, #3o-Ornamental Pest Control, #3g-Greenhouse Pest Control, #4-Seed Treatment, #5-Aquatic Pest Control, #6-Right-of-Way Pest Control, #7a-General and Household Pest Control, #7b-Termite Control, #7c-Fumigation, #7d-Community Insect Control, #7e-Wood Preservatives, #8-Public Health Pest Control, #9-Regulatory Pest Control, #10-Demonstration and Research Pest Control, and #11-Aerial Application.
d. Wood-destroying insect inspection. Persons conducting wood-destroying insect inspections for the purpose of issuing a wood-destroying insect report for real estate transactions, real estate refinance transactions, or for treatment for control or prevention of wood-destroying insect infestations shall have in effect a valid Iowa commercial pesticide applicator license and certification in category 7b-Termite Control.
(3) Certification of private applicators.
a. Initial certification. To be initially certified as a private applicator, a person shall demonstrate a fundamental knowledge of the minimum state and federal standards of competency for private applicators by passing an examination administered by the department and submitting a $15 certification fee. The examination shall cover subjects relating to the safe handling, application, and storage of pesticides, the correct calibration of equipment used for the application of pesticides, and the effects of pesticides upon groundwater. The examination shall also cover subjects related to the minimum standards of competency for private applicators outlined in 40 CFR 171.5 as revised July I, 1992. A private applicator shall pay a certification fee of $15 for a period not to exceed three years.
b. Renewal of private applicator certification. A private applicator's certification shall be renewed upon evidence that the applicator has paid the required certification fee and has successfully completed an instructional course consisting of either an examination or continuing instructional courses as prescribed by the department . A private applicator shall pass an examination each third year following initial certification or may elect to attend two hours of approved continuing instructional courses each year during the renewal period. A private applicator failing to complete the required two hours of approved instruction for each year during the renewal period following initial certification or recertification shall be required to pass an examination prior to recertification.
c. A private applicator who purchases or applies a grain fumigant which is classified as a restricted use pesticide shall pass an examination prescribed by the department for initial certification in the private fumigation category in addition to the examination required for initial private certification. Upon successfully completing the required private fumigation examination the private applicator's certification credentials shall be so designated. The fumigation category designation shall remain valid until the private applicator's certification expires. To renew the fumigation category certification a private applicator may elect to complete an instructional course consisting of either an examination or instructional course as prescribed by the department in addition to the examination or instruction required for private certification.
(4) Renewal of license classification and certification.
a. Each commercial, noncommercial and public applicator's license classification shall expire annually on December 31 and shall be renewed upon payment of the required license fee provided that all of the applicant 's personnel who apply pesticides are certified commercial, noncommercial or public applicators and are certified in the appropriate classifications covering their pesticide application activities.
b. Each commercial, noncommercial and public applicator's certification shall expire December 31 of the third year of the three-year certification and shall be renewed by the department upon receipt of evidence that the applicator has paid the required certification fee and has completed an instructional course consisting of either an examination or continuing instructional courses as prescribed by the department . A commercial, noncommercial or public applicator shall pass an examination each third year following initial certification or may elect to attend two hours of approved continuing instructional courses each year during the renewal period. A commercial, noncommercial or public applicator seeking recertification by attending continuing instructional courses shall attend courses approved for each certification category in which the person is seeking recertification. A two-hour continuing instructional course may be approved for more than one certification category. A commercial, noncommercial or public applicator failing to complete the required two hours of approved instruction for each year during the renewal period shall be required to pass an examination prior to recertification.
c. Any person who attempts to misrepresent anyone or attempts to use unauthorized assistance in passing any examination shall be denied the privilege of taking any examination for the period of one year
d. The secretary may revise certification periods for pesticide applicators with certification fees adjusted to reflect an equivalent certification fee based on fees currently established in order to provide a more uniform distribution of pesticide applicator certification renewal dates.
(5) Certification renewal periods for commercial, noncommercial public and private applicators.
a. Renewal periods for commercial, noncommercial, and public applicators. The renewal period is the time within which the commercial, noncommercial, public and private applicators have to renew their certification by either completing the required certification examination or instructional courses and pay the required certification fee. Except as provided in paragraph 45.22(5)"c," the renewal period for commercial, noncommercial and public applicators shall begin on the date a person has completed the required certification examination or instructional courses and paid the required certification fee. The renewal period shall end on December 31 of the third calendar year of the certification cycle.
b. The renewal period for private applicators. The renewal period for a private applicator shall begin on the date a person has completed the required certification examination or instructional courses and paid the required certification fee. The renewal period shall end on April 15 of the calendar year following the certification expiration date.
c. The renewal period for a person completing initial certification requirements on October 1 or any time thereafter during a calendar year shall begin on January 1 of the following calendar year.
d. Except as provided in paragraphs"a," "b," and"c" of this subrule, continuing instruction credits from a previous year in a certification renewal period shall not be accepted nor shall credits accumulated be accepted for use in a future year in a certification renewal period.
(6) Report of licensee.
a. A commercial, noncommercial or public applicator applying for recertification without retesting shall file a report on a form provided by the department certifying that the required continuing instructional courses have been completed.
b. The licensee shall maintain a file of the certificates of completion required under subrule 45.52(4) for each employee recertifying by attending continuing instruction courses. The file shall contain the certificates of completion for the period covering the previous certification period and current certification period for each employee receiving continuing instruction courses.
c. An employee who transfers to a new employer shall, upon request, be provided copies of the certificates of completion on file with the previous employer for filing with a new employer
d. Files containing certificates of completion shall be open for inspection upon request by the department .
(7) Standards for supervision of noncertified applicators by certified private and commercial applicators. Certified applicators whose activities indicate a supervisory role must demonstrate a practical knowledge of federal and state supervisory requirements, including labeling, regarding the application of restricted use pesticides by noncertified applicators.
The availability of the certified applicator must be directly related to the hazard of the situation. In many situations, where the certified applicator is not required to be physically present, "direct supervision" shall include verifiable instruction to the competent
(a) detailed guidance for applying the pesticide properly; and
(b)provisions for contacting the certified applicator in the event the certified applicator is needed. In other situations, and as required by the label, the actual physical presence of a certified applicator may be required when application is made by a noncertified applicator
(8) License application -contents. Each license application submitted pursuant to Iowa Code section 206.6 shall include a complete list of all employees who may apply pesticides. Any changes regarding the status of the employees named on the application or new employees shall be reported immediately to the pesticide section of the Iowa department of agriculture and land stewardship.
(9) Exemption from certification. An employee of a public agency who applies pesticides classified for general use and which are in ready-to-use formulations shall be exempt from the certification requirements of Iowa Code chapter 206 provided that the application of pesticides is an incidental part of the person 's duties.
(10) Pesticide use on private golf courses. Employees of private golf courses who apply pesticides shall comply with the same requirements for employees applying pesticides for public golf courses including, but not limited to, certification and notification requirements.
(11) Oral certification examination. A private applicator may request certification by oral examination in lieu of a written examination. A written request shall be submitted to the secretary or an authorized representative describing in detail the reasons an oral examination is requested in lieu of the written examination. Oral examinations will be administered by appointment only.
The oral examination shall cover the same certification standards as the written examination, and a minimum passing grade shall be 70 percent of the questions answered correctly.
As a prerequisite for an oral examination, the secretary may require the
(12) Temporary exemption from certification. A commercial, noncommercial, public or private applicator need not be certified to apply pesticides for a period of 21 days from the date of initial employment if the commercial, noncommercial, public or private applicator is under the direct supervision of a certified applicator Except for subrules 45.22(13) to 45.22(15), "under the direct supervision of means the application of a pesticide is made by a competent person acting under the instructions and control of a certified applicator who is physically present by being in sight or hearing distance of the supervised person .
(13) Temporary exemption for certification for agricultural applicators. A commercial applicator who applies pesticides to agricultural land may elect to be exempt from the certification requirements for a commercial applicator for a period of 21 days from the date of initial employment if the applicator meets the requirements of a private applicator. A commercial applicator who applies pesticides to agricultural land and elects to take advantage of the exemption as provided for in Iowa Code section 206.5 shall work under the instructions and control of a certified commercial applicator The supervising applicator is not required to be physically present but shall be immediately available if and when necessary.
(14) Employees of food processing and distribution establishments. An employee of a food processing and distribution establishment is exempt from the certification requirements of Iowa Code section 206.5 provided the following conditions are met:
a. The employer has at least one person holding a supervisory position that is a certified applicator
b. The employer provides a program approved by the department for training, testing and certification of personnel who apply, as an incidental part of their duties, any restricted use pesticide on property owned or rented by the employer
c. The exempt employee applies pesticides under the direct supervision of a certified applicator "Under direct supervision" shall not require the physical presence of the supervising certified applicator, if the supervising applicator is immediately available if and when needed.
(15) Certified handler
a. Certified handler Each person employed by a licensed commercial applicator, noncommercial applicator , public applicator, or pesticide dealer who handles pesticides in other than unopened containers for the purposes of preparing, mixing or loading pesticides for application by another person , repackaging bulk pesticides or disposing of pesticide-related wastes from these activities shall become certified by taking and passing an examination as prescribed by the secretary.
b. A certified handler shall demonstrate a fundamental knowledge of the potential for pesticides contaminating groundwater aquifers or surface waters and proper handling practices that will aid in preventing the contamination of groundwater aquifers or surface waters, adverse effects on the environment and any other personal or public hazards associated with the use of pesticides by passing a fundamental examination administered by the secretary covering interpretation of label and labeling information, mixing and application of pesticides in accordance with label instructions including proper concentration of pesticides to be used and local environmental situations that shall be considered during handling of pesticides to avoid contamination, specific procedures to be used in disposing of pesticides and containers, recognition of poisoning symptoms, procedures to follow in case of a pesticide accident, safe handling of pesticides and the effects on groundwater and surface water, the proper use of personal safety equipment and related legal responsibilities.
c. A certified handler 's certification shall expire December 31 of the third year of the three-year certification and shall be renewed by the secretary upon receipt of evidence that the applicator has passed a written examination similar and equal to that required to obtain initial certification and has paid the required certification fee. A 21-day grace period from the day of initial employment shall be allowed to meet the certification requirements.
d. A certified handler employed by a licensed applicator shall work under the direct supervision of a certified commercial, noncommercial or public applicator employed by the same firm or agency. "Under direct supervision" shall not require the physical presence of the supervising certified applicator in reference to agricultural crop pesticide applications, if the supervisor is available if and when needed.
e. A certified handler shall not act in the capacity of a supervisor of other certified handlers or certified applicators.
(16) Transition to recertification by instruction. Recertification may be accomplished by successful completion of the required written examination every third year or completion of an approved two-hour instructional course each year of the renewal period.
a. Private applicator recertification. A private applicator may apply for recertification by providing evidence of completion of an approved two-hour instructional course for each year during the preceding three-year renewal period. A private applicator failing to meet the required annual two-hour instruction requirement for recertification during the three-year certification renewal period shall apply for recertification by providing evidence of satisfactorily completing an examination. Applications for recertification shall be submitted with a $15 certification fee.
b. Commercial, noncommercial, and public applicator recertification. A commercial, noncommercial or public applicator may apply for recertification by providing evidence of completion of an approved two-hour instructional course in each of the three calendar years preceding the expiration date. Applications for recertification shall be submitted with the appropriate certification fee.
(17) Requirements for commercial aerial applicator and aerial applicator consultant .
a. Commercial aerial applicator license. The licensed aerial applicator applying pesticides to agricultural land shall operate in Iowa in consultation with an aerial applicator consultant . The application form for a commercial aerial applicator license shall be provided by the pesticide bureau. The completed application form, together with supporting documentation, will verify compliance with Iowa Code chapter 206 and the rules of this chapter An aerial applicator license may be issued when the applicant has provided the name and license number of the aerial applicator consultant and other required information on the application form, passed the required certification examinations, and paid the commercial applicator license and certification fees in compliance with Iowa Code sections 206.5 and 206.6.
b. Aerial applicator consultant duties. An aerial applicator consultant shall:
(1) Complete requirements for category #11 aerial applicator certification and either a commercial pesticide applicator license or pesticide dealer license.
(2) Register with the pesticide bureau on forms provided by the pesticide bureau.
(3) Meet with each aerial applicator under the consultant's consultation prior to application of pesticides and verify compliance with Iowa's pesticide rules, the requirements of the Federal Aviation Administration, and the requirements of the Iowa department of transportation using a checklist provided by the pesticide bureau. A copy of the completed checklist shall be maintained on file for three years with the aerial applicator consultant .
(4) Provide detailed aerial maps for the intended application location which clearly depict field boundaries, roads, dwellings, adjacent fields, water bodies, and other pertinent information, as well as county, township and section and latitude/longitude if available.
(5) Maintain daily communication with the aerial applicator when pesticide applications are performed with a minimum of one meeting in person each day to emphasize safe pesticide application and handling procedures.
(6) Maintain daily oversight of pesticide handlers who supply or mix pesticides for the aerial applicator under the consultant's consultation to ensure required personal protection equipment is utilized.
(7) Provide information to the aerial applicator regarding sensitive areas listed on the department 's sensitive crop registry and arrange for proper protection of registered apiaries. The aerial applicator consultant shall identify nearby sensitive areas including the location of endangered species as identified by the U.S. Environmental Protection Agency (EPA) and listed on the pesticide bureau's Web site, water bodies in or adjoining the field of application, roads adjoining the field of application, and places adjoining the field of application which may be occupied by people, including farmworkers.
(8) Provide instructions for proper emergency response procedures for the aerial applicator and pesticide handlers in the case of a pesticide spill or accident. Require that while in the air all pilots have an electronic communication device capable of communicating with a consultant.
(9) Provide information immediately upon request to regulatory officials regarding the identification of a pesticide applied to an area of concern and the name and license number of the applicator working under the consultant's consultation.
(10) Notify the aerial applicator in person and in writing upon termination of consultation services. The aerial applicator shall notify the pesticide bureau when the aerial applicator begins working with a new aerial applicator consultant .
c. Procedures for aerial application. The aerial applicator consultant shall provide the licensed aerial applicator the following:
(1) Name and telephone number where the consultant may be reached during hours of operation.
(2) Name and address or location of the property where the pesticide will be applied including detailed maps of fields which clearly depict the field boundaries, roads, dwellings, adjacent fields, water bodies, and other pertinent information, as well as county, township and section and latitude/longitude if available.
(3) Name of the pesticide(s) to be applied and copies of each label along with instructions necessary to comply with Iowa's pesticide rules. The aerial applicator consultant shall verify that the aerial applicator has read and understands the label instructions.
(4) Maps of the intended location for each pesticide application reviewed and approved by the aerial applicator consultant . The aerial applicator consultant shall provide information to the aerial applicator regarding sensitive areas listed on the department 's sensitive crop registry and shall arrange for proper safety precautions to protect registered apiaries.
(5) The identification of nearby sensitive areas including the location of endangered species as identified by EPA and listed on the pesticide bureau's Web site, water bodies in or adjoining the field of application, roads adjoining the field of application, and places adjoining the field of application which may be occupied by people, including farmworkers.
d. Responsibility. The aerial applicator is responsible for applying pesticides in compliance with label directions and Iowa's pesticide rules. The aerial applicator consultant supplying a pesticide for application by the aerial applicator is responsible for handling and mixing the pesticides according to label directions and Iowa's pesticide rules.
e. Aerial applicator certification and continuing instruction. An aerial applicator and aerial applicator consultant shall pass an examination for initial certification. An aerial applicator from a state with an approved reciprocal certification agreement will be eligible for reciprocal certification. Each certified aerial applicator and aerial applicator consultant shall participate in a program of continuing instruction which shall consist of either an examination or educational program approved by the department . The continuing instruction program shall include information regarding the safe application and handling of pesticides and responsible operation of aircraft spray equipment.
This rule is intended to implement Iowa Code sections 206.2, 206.4, 206.5, 206.7, and 206.31 and Iowa Code section 206.6 as amended by 2008 Iowa Acts, House File 2551.