N.H. Code Admin. R. Pes 302.01 - Categories of Certification

(a) In this section the division shall use the categories corresponding to those used by EPA in 40 CFR 171.3 "Categorization of commercial applicators of pesticides." The letters following the category in parentheses shall be used by the division for coding purposes on registration certificates.

(b) Agricultural pest control (A) shall be divided into the following subcategories:

(1) Fruit (A1), which shall include applicators of pesticides for the control of pests common to fruit operations such as orchards, and small fruit and berry growers;

(2) Herbicides (A2), which shall include applicators of herbicides for the control of vegetative pests associated with crops such as corn, grass crops, and other forage crops;

(3) Field Crops (A3), which shall include applicators of pesticides, including soil fumigants, used for the control of pests associated with field crops such as corn, potatoes, beans, and other vegetative crops; and

(4) Animals (A4), which shall include the following:

a. Persons who supervise or make applications of pesticides to animals including common domestic animals such as dogs, cats, fish, birds, hamsters and rabbits;

b. Persons who supervise or make applications of pesticides to animals being grown or maintained for the production of an animal-related agricultural commodity or to structures or areas in or on which such animals are confined; and

c. Doctors of veterinary medicine engaged in the business of applying pesticides for hire, publicly holding themselves out to be:

1. Pesticide applicators; or

2. Engaged in large scale use of pesticides.

(c) Forest pest control (C) shall be divided into the following subcategories:

(1) Forest pest control and timber treatment (C1), which shall include commercial applicators using or supervising the use of pesticides in forests or forest nurseries, including state and federal employees operating on public and private lands; and

(2) Christmas trees (C2), which shall include commercial applicators using or supervising the use of pesticides in the maintenance and production of Christmas trees.

(d) Ornamental and turf pest control (G) shall be divided into the following subcategories:

(1) Shade and ornamental pest control (G1), which shall include commercial applicators using or supervising the use of pesticides to control pests in the production and maintenance of ornamental trees, shrubs, and flowers;

(2) Turf (G2), which shall include commercial applicators using or supervising the use of pesticides to control pests in the maintenance and production of turf, including municipal and private golf courses; and

(3) Indoor foliar pest control (G3), which shall include commercial applicators using or supervising the use of pesticides to control pests in the maintenance of ornamental trees, shrubs, flowers and other ornamental plants in an indoor environment.

(e) Aquatic pest control (D) shall include commercial applicators using or supervising the use of any pesticide purposefully applied to standing or running water, excluding applicators engaged in public health related activities included in Pes 302.01(g)(2) and Pes 302.01(h).

(f) Right-of-way and commercial weed and brush control (B) shall include commercial applicators using or supervising the use of pesticides for the control of weeds, brush and other vegetative pests in industrial and non-crop sites, and in the maintenance of public roads, electric powerlines, pipelines, railways, waterways, airports, boundary markers and other right-of-way areas including any non-crop area which might require weed and brush control.

(g) Industrial, institutional, structural, and health related pest control (F) shall be divided into the following subcategories:

(1) Industrial, institutional, structural, and health related pest control (F1), which shall include commercial applicators using or supervising the use of pesticides, primarily for insect control, in, on, or around any structure and adjacent area, public or private, and for the protection of stored, processed, or manufactured products.

(2) Mosquito and black fly (F2), which shall include commercial applicators using or supervising the use of pesticides for the control of such insects as mosquitoes, black flies, and other biting arthropods in their various habitats;

(3) Termites and other wood-destroying insects (F3), which shall include commercial applicators using or supervising the use of pesticides for the preventive and remedial control of such insects as termites, ants, powder-post beetles, and other wood-destroying insects in and around structures;

(4) Fumigation (F4), which shall include commercial applicators using or supervising the use of fumigant pesticides for the control of insect pests, including the fumigation of beehives and related equipment;

(5) Pole treating and wood preservation (F5), which shall include commercial applicators using or supervising the use of wood preservatives to protect lumber products and utility poles from the degrading effects of pests;

(6) Food handlers (F6), which shall include commercial applicators not for hire, using or supervising the use of pesticides, in, on or around food handling establishments and shall be confined to direct employees of food handling establishments;

(7) Sewer root control (F7), which shall include commercial applicators using or supervising the use of pesticides to remove plant roots from sewer and drain systems; and

(8) Microbial pest control (F8), which shall include commercial applicators using or supervising the use of pesticides to control mold, fungi, bacteria, shellfish and algae within structures and industrial processing facilities including, but not limited to, recirculating cooling water systems, brewery pasteurizing systems, air washers and pulp and paper mills, in, on or around human dwellings, schools and any other structures and adjacent areas, public or private.

(h) Public health pest control (E), shall be limited to state, federal or other governmental employees using or supervising the use of pesticides in public health programs for the management and control of pests having medical and public health importance.

(i) Regulatory pest control (I) shall include state, federal or other governmental employees using or supervising the use of pesticides in the control of "Invasive species," as defined in RSA 430:52 VII, or regulated pests as listed upon the "Regulated Pest List" maintained by the US Department of Agriculture, Animal and Plant Health Inspection Service.

(j) Demonstration and research pest control (H) shall include such persons as university cooperative extension specialists and educators, representatives of pesticide manufacturers or distributors and all others who demonstrate pesticides, their use, and application. Also included in this category shall be federal, state or other public employees, representatives of private institutions or pesticide manufacturers who conduct field research or supervise the use of pesticides.

(k) Aerial pest control (J) shall include commercial and governmental applicators using fixed wing aircraft, rotary wing aircraft, or both to apply pesticides in the control of various pests.

Notes

N.H. Code Admin. R. Pes 302.01

#150, eff 1-9-74, amd by #1058.5, eff 11-22-77; ss by #2781, eff 7-26-84; amd by #4030, eff 4-1-86; amd by #4812, eff 5-3-90; amd by #4867, eff 7-19-90; ss by #6258, eff 5-30-96; ss by #8059, eff 5-30-04; ss by #10198-B, eff 10-3-12