CHAPTER
Pes 300 CERTIFICATION, REGISTRATION AND
LICENSING REQUIREMENTS
Statutory
Authority: RSA 430:31
PART Pes 301 DEFINITIONS
Pes 301.01 Certificate of Registration means
permission granted by the board to a person to engage in the commercial application
of pesticides or in the private application of restricted pesticides.
Source. #741, eff 1-18-76; amd by #1756, eff 5-26-81;
ss by #2209, eff 12-13-82; ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90;
amd by #5393, eff 5-12-92; ss by #6258, eff 5-30-96; ss by #8059, eff 5-30-04;
ss by #10198-B, eff 10-3-12
Pes 301.02 Fumigant means pesticides that are in a
gaseous state at effective temperatures.
Source. #150, eff 1-9-74; ss by #2209, eff 12-13-82;
ss by #2781, eff 7-26-84; ss 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
Pes 301.03 Minimum
Risk Pesticides means the active ingredients contained in pesticide products exempt from
federal registration under Section 25(b) of the Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA).
Source. #12756, eff 4-10-19
Pes 301.04 Ornamental means trees shrubs, and other
plantings in and around habitations generally, but not necessarily located in
urban and suburban areas, including residences, parks, streets, retail outlets,
industrial and institutional buildings.
Source. #150, eff 1-9-74, amd
by #1058.6, eff 11-22-77; ss by #2209, eff 12-13-82; ss by #2781, eff 7-26-84;
ss by #4309, eff 9-1-87; ss 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; ss by #12756, eff 4-10-19
(formerly Pes 301.03)
PART Pes 302 APPLICATION
PROCEDURE FOR COMMERCIAL APPLICATORS
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)
(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.
Source. #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
Pes 302.02 Examination Required. Every person applying for a registration
certificate shall pass examinations prepared and administered by the division
pursuant to Pes 304.
Source. #150, eff 1-9-74; ss by #2781, eff 7-26-84;
ss 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
Pes 302.03 Insurance Required.
(a) Each applicant for registration shall show
proof of financial responsibility consisting of at least the following minimum
insurance coverage:
(1) For ground application,
insurance coverage shall include the following category of coverage and minimum
amounts:
a. For bodily injury
liability, $50,000 each occurrence, $100,000 aggregate; and
b. For property damage,
$50,000 each occurrence; and
(2) For aircraft
application, insurance coverage shall include the following category of
coverage and minimum amounts:
a. For bodily injury
liability, $100,000 each occurrence, $300,000 aggregate; and
b. For property damage,
$100,000 each occurrence.
(b) Coverage under (a)(1) and (2) above shall
include chemical liability as it relates to pollution coverage, if
available. At a minimum, the chemical
liability coverage shall include products and completed operations, and damage
or injury that can result from the application of pesticides.
(c) Proof of financial responsibility shall
consist of a written declaration signed by the applicator, attesting to the
minimum insurance coverage as set forth in (a) and (b) above, accompanied by a
certificate of insurance as issued by the insurance company.
(d) The certificate of insurance under (c) above
shall name the division as the certificate holder and shall stipulate that the
division shall be provided notice of cancellation of the insurance policy.
(e) Those applicants for registration as
commercial applicators not for hire shall not be required to show proof of
financial responsibility.
Source. #2388, eff 6-16-83; ss by #2781, eff 7-26-84;
ss 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
Pes 302.04 Completion of Requirements.
(a) The applicant shall satisfy all provisions of
these rules for obtaining a certificate of registration within 30 days of the
last examination satisfactorily completed by the applicant.
(b) If the applicant fails to comply with
paragraph (a) of this section, his application shall be denied. Nothing in this paragraph, however, shall
prevent an applicant from submitting a new application to take the examinations
required for registration.
(c) The director of the division shall grant an
extension beyond the 30-day limit set forth in paragraph (a) in circumstances
such as illness, an accident, or any other happening that is beyond the control
of the applicant and which makes it impossible to comply with paragraph (a).
Source. #8059, eff 5-30-04; ss by #10198-B, eff
10-3-12
PART Pes 303 COMMERCIAL
APPLICATOR QUALIFICATIONS
Pes 303.01 Qualifications For Supervisory Level
Certificates.
(a)
To be eligible to apply for a supervisory registration certificate, as
defined in Pes 101.35, the applicant shall satisfy one or more of the following
requirements:
(1) The applicant shall have:
a. Been registered at the operational level for
3 years;
b.
Been actively working in the field for 3 years under the supervision of a
person registered at the supervisory level; or
c. Held a supervisory registration
certificate-general use, as defined in Pes 101.36, for 3 years, with the
exception that an F2
supervisory registration certificate-general use pursuant to Pes 101.36 shall not qualify for eligibility under
this provision;
(2) The applicant shall be a graduate of a
recognized college or university at which he or she majored in entomology,
plant pathology, forestry, fruit, berry, and vegetable growing or in other
fields requiring training in biological principles, including the use and
application of pesticides, and:
a. Shall have been registered at the operational
level for at least one growing season or shall have been actively working under
a person registered at the supervisory level or under the direction of a person
professionally qualified at or above such a level, for this period of time; or
b. Shall have held a supervisory registration
certificate-general use, as defined in Pes 101.36, for at least one growing
season, with the exception that an F2
supervisory registration
certificate-general use pursuant to
Pes 101.36 shall not qualify for eligibility under this provision;
(3) The applicant shall be a graduate of a 2-year
school of agriculture or a technical institute majoring in the fields noted in
Pes 303.01(a)(2) and:
a. Have been registered at the operational level
for at least one year or actively working for at least one growing season under
the supervision of a person registered at the supervisory level or under the
direction of a person professionally qualified at or above such a level; or
b. Have held a supervisory registration certificate-general use, as defined in Pes
101.36, for at least one growing season, with the exception that an
F2 supervisory registration
certificate-general use pursuant to Pes 101.36 shall not qualify for
eligibility under this provision; or
(4) The applicant shall have had at least one
year of practical experience as described under Pes 303.01(a)(2)a. and b. or
Pes 303.01(b)(2), plus the equivalent of 2 additional growing seasons of
experience that shall consist of any of the following:
a. Practical experience as described under Pes
303.01(a)(2)a. and b., Pes
303.01(b)(2), or both;
b. Educational experience pertaining to the use
of pesticides, which may include courses associated with the fields of study
listed in Pes 303.01(a)(2) or other forms of education as specified under Pes
303.01(b)(1), where one year of educational experience is equivalent to one
year; or
c. Any combination of such practical experience
and educational experience totaling the equivalent of 2 growing seasons.
(b)
In determining the qualifications of an applicant pursuant to paragraph
(a), the division shall give credit toward the experience requirements to
equivalent types of educational or practical experience, including:
(1) Other forms of educational experience, which
shall include but not be limited to seminars, short courses, correspondence
courses, conferences and training meetings; and
(2) Other forms of practical experience, which
shall include but not be limited to holding a private applicator restricted-use
permit, or working for a person who holds such a permit in a capacity that
involves the use of pesticides.
(c)
Credit applied toward experience requirements pursuant to Pes 303.01(a)
shall be determined as follows:
(1) In the case of educational experience:
a. Credit shall be based on the number of
contact hours, where one contact hour means a minimum of 50 minutes of
organized learning;
b. Any designation of credit for courses other
than contact hours, such as academic credit or continuing education units,
shall be converted to contact hours using the method of conversion of the
institution or entity granting credit; and
c. One hundred contact hours shall be equivalent
to one year as pertains to the requirements under Pes 303.01(a)(4); and
(2) In the case of practical experience pursuant
to Pes 303.01(b)(2):
a. Where the applicant has held a private
applicator restricted-use permit, one growing season of credit shall be applied
toward experience requirements for each year that the applicant held such
permit; or
b. Where the applicant did not hold a
restricted-use permit, but worked for a restricted use permit holder in a
capacity that involves pesticides, one year of credit shall be applied toward
experience requirements for every 2 years of experience working for a
restricted-use permit holder.
(d)
To be eligible to apply for a supervisory registration
certificate-general use, as defined in Pes 101.36, a person shall have
completed category-specific training as described under Pes 303.01(e), for each
category in which registration is being sought.
(e)
Training seminars pursuant to Pes 303.01(d) shall:
(1) Have been reviewed by the division of
pesticide control to determine whether such seminars meet the standards
specified under Pes 303.01(h);
(2) Consist of contact hours as described under
Pes 303.01(c)(1) where:
a. No fewer
than 8 contact hours per category shall consist of category-specific
instruction;
b. The
categories shall be limited to C1, F8, G1, G2, B, and
F2 as specified under Pes 302.01; and
c. No fewer
than 8 contact hours shall consist of general instruction, including but not
limited to the following subject matter:
1. Label
interpretation;
2. Safety;
3. Proper
use of personal protective equipment;
4.
Calibration;
5. Rules and
regulations;
6.
Environmental considerations; and
7. Any other
information related to the safe and effective use of pesticides; and
(3) Be conducted by the University of New
Hampshire cooperative extension, industry groups, pesticide manufacturers or
other parties or organizations with expertise in pesticide applications related
to Category C1, F8, G1, G2, B, and F2 upon
approval by the division pursuant to Pes 303.01(h), with the understanding that
a member of the division of pesticide control shall be allowed to attend and
monitor such training seminars.
(f)
Requests for review of training seminars pursuant to Pes 303.01(e)(1) shall:
(1) Be made on a Supervisory Registration
Certification General Use Training Request form provided by the division;
(2) Include the following information on the
form:
a. The
training seminar title, date, and location, as applicable;
b. The
training seminar sponsor and the name and phone number of the contact person;
c. An agenda
for the seminar;
d. Biographical sketches of instructors,
including qualifications pursuant to Pes 303.01(h)(4); and
e. A summary
of the topics to be presented pursuant to Pes 303.01(e)(2);
(3) Be
signed and dated by the seminar sponsor; and
(4) Have been received by the division:
a. No less than 30 days in advance of the
seminar; or
b. At a time less than 30 days in advance of the
seminar where circumstances, as determined by the division, would necessitate a
shorter lead time, such as circumstances,
including:
1. Matters related to public health and safety;
2. Matters related to invasive species;
3. Matters related to outbreaks of insects or
diseases; or
4.
Other circumstances that, in the judgment of the division, demand immediate
attention.
(g)
All findings by the division as to whether a seminar proposal meets the
standards under Pes 303.01(h) shall be in writing, stating the reasons for the
finding.
(h)
The division shall find seminars to have met the standards necessary to
provide attendees an acceptable level of competency, for the purpose of being
considered eligible to apply for a supervisory registration certificate-general use, as defined under Pes
101.36, where:
(1) The application contains all of the
information specified under Pes 303.01(f)(2);
(2) The application is received by the division
in accordance with Pes 303.01(f)(4);
(3) The training regimen satisfies the provisions
under Pes 303.01(e)(2); and
(4)
The person or persons presenting the subject matter have qualifications
relating to the appropriate category of certification and other subject matter
under Pes 303.01(e)(2)b-c, where said qualifications are assessed on the basis
of:
a. Formal
education with degrees or diplomas;
b. Research
experience; and
c. Practical
experience.
(i) Pursuant to training seminars under Pes
303.01(d), the division shall accept written certificates of attendance as
verification of completion of such training where:
(1) Said certificates are issued by the contact
person named under Pes 303.01(f)(2)b;
(2) Said certificates contain:
a. The name
and address of the attendee;
b. The name
and date of the training seminar;
c. A
statement that the named attendee was a participant in the training seminar and
satisfied any and all obligations, if any, imposed upon attendees, such as
participation in hands-on exercises or other practical training elements;
d. The
signature of the training seminar sponsor; and
e. The
signature of the attendee; and
(3) A list of attendees to the seminar has been
provided by the seminar contact person to the division.
(j)
The educational and practical experience required in this section shall
be directly related to the category of registration for which the applicant has
applied.
(k)
A summary of the educational and practical experience pertinent to each
category of registration sought shall be submitted to the division by the
applicant on a Resume Form Supervisory Level Exam Requirement (resume form)
provided by the division.
(l)
The applicant shall include the following information on the resume form
pursuant to (k) above:
(1) Name;
(2) Address;
(3) Firm to be employed by;
(4) Categories of registration desired;
(5) History of experience as a licensed
applicator including:
a. The number of years licensed;
b. Any other states the applicant is licensed
in; and
c.
Any other categories of licensing the applicant holds;
(6) Educational experience pertinent to each
desired category of registration;
(7) Employment experience relative to each
desired category of registration;
(8) Names of supervisors or employees under whom
the applicant has worked; and
(9) In the case of an applicant for a supervisory
registration certificate-general use as defined under Pes 101.36, a listing of
training seminars attended pursuant to Pes 303.01(e), accompanied by a written
certificate of attendance as described in Pes 303.01(i)(1)-(2)
for each such seminar completed.
(m)
The
principle supervisory license holder shall provide a signature and date on the
resume form pursuant to paragraph Pes 303.01(k).
(n)
A person who submits a valid written certificate of attendance as
described under Pes 303.01(i) shall be deemed
eligible to apply for a supervisory registration certificate-general use
pursuant to Pes 303.01(d).
(o)
Within 30 days of receipt of applicant's resume form the division shall
communicate to the applicant, in writing, its finding as to whether or not said
applicant has satisfied the eligibility requirements of Pes 303.01.
(p)
Persons applying for registration as commercial applicators not for hire
as defined in Pes 101.06 shall be exempt from the requirements of Pes
303.01(a).
(q) The division shall deny seminar requests in
writing within 21 days of receipt of the request if the standards pursuant to
Pes 303.01(h) are not met.
Source. #741, eff 1-18-76; ss by #2209, eff 12-13-82;
ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #6258, eff 5-30-96;
ss by #8059, eff 5-30-04; amd by #9924-A, eff 5-10-11,
(paras (a)-(e), (f)(3), (g)-(k), & (m)-(o)); amd
by #9924-B, eff 5-10-11, (paras
(f)(1)-(2) & (l)); ss by #10198-B, eff 10-3-12; ss by #11035-B, eff
2-11-16; ss by #12756, eff 4-10-19
Pes 303.02 Qualifications For Operational Level
Certificates. To be eligible for
registration at the operational level applicants shall have attained their 18th
birthday.
Source. #741, eff 1-18-76; ss by #2209, eff 12-13-82;
ss by #2781, eff 7-26-84; ss 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
Pes 303.03 Exemptions. Janitors using general use pesticides in
non-food areas in buildings and property immediately adjacent to buildings, and
those using prepackaged general use aerosols or general use aerosol dispensing
devices for control of flying insects in food handling areas shall be exempt
from certification requirements under Pes 300.
Source. #741, eff 1-18-76; ss by #2209, eff 12-13-82;
ss by #2781, eff 7-26-84; ss 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
PART Pes 304 COMMERCIAL
APPLICATOR'S EXAMINATION
Pes 304.01 General Examination
Procedure.
(a) All persons applying for commercial applicator
registration shall demonstrate by examination a practical knowledge of the
principles and practices associated with pest control and the safe use of
pesticides.
(b)
In order to take an examination an applicant shall, prior to the
examination:
(1) Have satisfied all of the requirements of Pes
303.01(a) or Pes 303.02, as applicable; and
(2) Follow the procedures specified in Pes
304.07, including the filling out of all applicable application forms and
paying all applicable fees.
(c)
Applicants electing to retake an examination pursuant to Pes 304.08
shall, prior to taking the exam, fill out an exam application form and pay a
re-examination fee as specified in RSA 430:34 III.
(d)
Except where exempted under Pes 304.05, applicants seeking commercial
applicator certification at the supervisory level shall, upon having passed all
required written examinations, take an oral examination as described in Pes
304.02(f)(1).
(e)
Upon having passed all of the required examinations for a given level
and category of commercial applicator certification, and where all requirements
of certification under Pes 303 have been met and fees paid, an applicant shall
be issued a certificate of registration by the division.
Source. #741,
eff 1-18-76; ss by #2209, eff 12-13-82; ss by #2781, eff 7-26-84; ss by
#4867, eff 7-19-90; ss by #6258, eff 5-30-96; ss by #8059, eff 5-30-04; ss by
#9712-B, eff 5-11-10; ss by #10198-B, eff 10-3-12
Pes 304.02 Examination Types, Subject Areas, and
Levels.
(a) There shall be 2 types of examinations,
written and oral.
(b) There shall be separate written examinations
for each fundamental area of study as follows:
(1) A general examination,
which shall test knowledge of fundamental core principles, including those
subject areas listed under Pes 304.09(b)(1)-(3);
(2) A regulations
examination, which, pursuant to Pes 304.09(b)(8), shall test knowledge of
applicable state and federal laws and rules that govern the conduct of
pesticide activities in New Hampshire, in particular the Federal Insecticide,
Fungicide, and Rodenticide Act, regulations under RSA 430:28-50 and the
administrative rules written under those regulations, Pes 100-1100; and
(3) A category examination,
either operational or supervisory, for each category of certification, which
shall test knowledge specific to the category in accordance with the applicable
standards of competency under Pes 304.10 plus those subject areas listed under
Pes 304.09(b)(4)-(7).
(c) Written examinations shall include
true-false, completion, multiple choice, and in cases where equipment
calibration or pesticide mixing or both are critical, problem type questions.
(d) Except for the general examination specified
under Pes 304.02(b)(1), written examinations for commercial applicators shall
be divided into 2 levels, supervisory and operational.
(e) The regulations and category examinations for
the supervisory level shall be more in-depth, specific, and reflective of the
experience needed at the supervisory level.
(f) The procedure for administering an oral exam
shall be as follows:
(1) Oral examinations,
where required in addition to written exams, shall be administered by the
division as follows:
a. Applicants shall be
eligible to take oral exams only upon having passed all applicable written
exams;
b. Such oral exams shall be
conducted by a panel of one or more persons designated by the director;
c. Such oral exams shall be
scheduled at the convenience of the division, based on availability of panel
members;
d. Such oral exams shall be
held in the office of the division;
e. The examining panel
shall test the applicants knowledge of core information pertaining to the use
and handling of pesticides, pertinent rules and regulations, and
category-specific information for each category of registration sought by said
applicant, where the scope of the examination shall be in accordance with Pes
304.09 and Pes 304.10;
f. Without going beyond the
scope of examinations and standards of competency set forth under Pes 304.09
and Pes 304.10, the examining panel shall ask follow-up questions based on
applicant responses, and otherwise assess an applicants depth of knowledge and
degree of competence to an extent that would not be possible through written
examination alone;
g. Exams shall be graded on
a pass-fail basis where, in the judgement of the panel, the applicant has or
has not demonstrated adequate competency in each of the areas tested;
h. Results of the exam
shall be communicated in writing to the applicant; and
i. Persons who fail the
orals may schedule a retake with the division and shall be afforded such retake
at the next available opportunity.
Source. #6258, eff 5-30-96; ss by #8059, eff 5-30-04;
ss by #10198-B, eff 10-3-12
Pes 304.03 Operational Level Examination. Applicants desiring certification at the
operational level shall:
(a) Pass the following written examinations as
described under Pes 304.02(b):
(1) A general examination;
(2) A regulations
examination at the operational level; and
(3) A category examination
in each category under which they wish to be registered; and
(b) Comply with applicable rules set forth in Pes
300-1100.
Source. (See Revision Note at part heading for Pes
304) #5393, eff 5-12-92; ss and moved by #6258, eff 5-30-96 (from Pes 304.02);
ss by #8059, eff 5-30-04; ss by #10198-B, eff 10-3-12
Pes 304.04 Supervisory Level Examination. Applicants desiring certification at the
supervisory level shall:
(a) Pass the following written examinations as
described under Pes 304.02(b):
(1) A general examination;
(2) A regulations
examination at the supervisory level; and
(3) A category examination
in each category under which they wish to be registered; and
(b) Pass an oral examination administered in
accordance with Pes 304.02(f)(1).
Source. #741,
eff 1-18-76; ss by #2209, eff 12-13-82; ss by #2781, eff 7-26-84; ss by
#4867, eff 7-19-90 (See Revision Note at part heading for Pes 304); ss and
moved by #6258, eff 5-30-96 (from Pes 304.03); ss by #8059, eff 5-30-04; ss by
#10198-B, eff 10-3-12
Pes 304.05 Exemptions. Persons seeking certification as commercial
applicators not-for-hire in any category but F2 Mosquito and Black Fly, shall
not be required to take oral exams under Pes 304.02(f)(1).
Source. #741,
eff 1-18-76; ss by #2209, eff 12-13-82; ss by #2781, eff 7-26-84; ss by
#4867, eff 7-19-90 (See Revision Note at part heading for Pes 304); ss and
moved by #6258, eff 5-30-96 (from Pes 304.04); ss by #8059, eff 5-30-04; ss by
#10198-B, eff 10-3-12
Pes 304.06 Performance Testing. Performance testing shall be required in
situations where practical demonstration is necessary to assure the competency
of the applicator, such as:
(a) The use of unique application equipment;
(b) The use of unique types of pesticides where
application technique is different from usual methods; and
(c) Any other circumstance involving pesticide
handling where the competency of the applicator to engage in such activity
would not be demonstrated through the normal course of written and oral
examination.
Source. #741,
eff 1-18-76; ss by #2209, eff 12-13-82; ss by #2781, eff 7-26-84; ss by
#4867, eff 7-19-90 (See Revision Note at part heading for Pes 304); ss and
moved by #6258, eff 5-30-96 (from Pes 304.05); ss by #8059, eff 5-30-04; ss by
#10198-B, eff 10-3-12
Pes 304.07 Procedures for Examination.
(a) Commercial applicators applying for
examination shall make an appointment with the division.
(b) Certification examinations shall be
administered by personnel from the department of agriculture, markets and food.
(c) Prior to
admittance to initial examinations or re-examinations, applicants shall submit
the following:
(1) Application forms for
registration;
(2) Examination
applications; and
(3) Examination fees in
accordance with RSA 430:34, III.
(d) Application for registration shall be made on
a form provided by the division, and include the following:
(1) Whether it is an
initial registration or a renewal;
(2) The level of
registration being sought by the applicant;
(3) Categories of
registration;
(4) Names, addresses and
phone numbers of the following:
a. The applicant;
b. The firm where the
applicant is employed;
c. The owners, officers, or
trustees of the firm; and
d. If the applicant is not
a resident of New Hampshire, a person whose domicile is in the state of New
Hampshire and who is authorized to receive and accept service of summonses and
legal notices of all kinds on behalf of the applicant;
(5) Whether or not the firm
is incorporated;
(6) An attestation with the
date and under the signature of a supervisory registrant for the firm who is
registered in the same category or categories of the applicant that:
a. The applicant, where
other than the person signing the attestation, is under his or her supervision
and works for the same firm;
b. The firm name is as
shown on the form; and
c. The firm's insurance
coverage meets or exceeds the requirement under Pes 302.03; and
(7) Date and signature of
the applicant attesting that falsification of any information on the
application is grounds for denial of registration or any other enforcement
action.
(e) Application for examination shall be made on
forms provided by the division, and include:
(1) Level of examination
desired;
(2) Category of
registration or license;
(3) Name and address of
applicant; and
(4) Date and signature of
applicant.
(f) The examinations shall be prepared,
supervised and graded by the division.
Source. #741,
eff 1-18-76; ss by #2209, eff 12-13-82; ss by #2781, eff 7-26-84; ss by
#4867, eff 7-19-90 (See Revision Note at part heading for Pes 304); ss and
moved by #6258, eff 5-30-96 (from Pes 304.06); ss by #8059, eff 5-30-04; ss by
#10198-B, eff 10-3-12
Pes 304.08 Examination Grades and Retakes.
(a) The passing grades for examinations shall be
60 percent for operational level applicants and 70 percent for supervisory
level applicants.
(b) Persons who fail to obtain a passing grade on
an examination shall not retake said examination any sooner than 15 days from
the date the failed examination was taken.
(c) Persons who fail an examination 3 times
shall, prior to any additional retakes:
(1) Wait at least 6 months from the date of the
last retake;
(2) Receive training or study assistance
pertaining to the subject matter of the failed exam; and
(3) Provide to the division documentation of such
training or assistance, which may include, but is not limited to:
a. Signed letters of attestation from persons
who conducted training or assistance;
b. Copies of meetings, seminar agendas or
meeting notes; and
c. Certificates of attendance of such meetings
or seminars.
Source. #741,
eff 1-18-76; ss by #2209, eff 12-13-82; ss by #2781, eff 7-26-84; ss by
#4867, eff 7-19-90 (See Revision Note at part heading for Pes 304); ss and
moved by #6258, eff 5-30-96 (from Pes 304.07); ss by #8059, eff 5-30-04; ss by
#8634, eff 5-23-06; ss by #10198-B, eff 10-3-12
Pes 304.09 Scope of Examinations.
(a) Examinations shall be based in part on
examples of problems and situations associated with the particular categories
or subcategories in which the applicant desires certification.
(b) Examinations shall also include questions on
the following:
(1) Label and labeling
comprehension, including:
a. General format and
terminology;
b. Understanding of
instructions, warnings, terms, symbols and other information commonly appearing
on pesticide labels;
c. Product classification
as set forth in Part Pes 701; and
d. The necessity for use
consistent with the label;
(2) Safety, including:
a. Toxicity, hazards to
humans, including chronic health effects and common exposure routes;
b. The common types and
causes of pesticide accidents;
c. The precautions
necessary to guard against injury to applicators and other individuals in or
near treated areas;
d. The need for use of
protective clothing and equipment, risks involved with exposure;
e. The symptoms of
pesticide poisoning;
f. First aid and other
procedures to follow in case of a pesticide accident; and
g. Proper identification, storage, transport, handling, mixing
procedures and disposal methods for pesticides and used pesticide containers,
including precautions taken to prevent children from having access to
pesticides and pesticide containers;
(3) The potential
environmental consequences of the use and misuse of pesticides as might be
influenced by such factors as:
a. The weather and other
climatic conditions;
b. Types of terrain, soil,
and other substrate;
c. The presence of fish,
wildlife and other non-target organisms;
d. Drainage patterns,
protection of groundwater; and
e. Endangered species
issues;
(4) Pests that are
encountered under the various registration categories, including:
a. Common features of pest organisms and characteristics of
damage needed in pest identification;
b. Recognition of relevant
pests;
c.
d. Alternative methods of pest control embodied under the
principles of integrated pest management;
(5) Pesticides that are
used under the various categories of registration, including:
a. The types of pesticides;
b. The types of
formulations;
c. The compatibility,
synergism, persistence and toxicity of the formulation;
d. The hazards and residues
associated with use;
e. Factors which influence
effectiveness or lead to problems such as resistance to pesticides; and
f. Dilution procedures;
(6) Equipment used in
relation to the categories of registration, including:
a. The types of equipment
and advantages and limitations of each type; and
b. The uses, maintenance
and calibration;
(7) Application techniques
used in relation to the categories of registration, including:
a. Methods or procedures
used to apply various formulations, solutions and gases, including a knowledge
of which technique of 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) Applicable state and
federal laws and rules.
Source. #741,
eff 1-18-76; ss by #2209, eff 12-13-82; ss by #2781, eff 7-26-84; ss by
#4867, eff 7-19-90 (See Revision Note at part heading for Pes 304); ss and
moved by #6258, eff 5-30-96 (from Pes 304.08); ss by #8059, eff 5-30-04; ss by
#10198-B, eff 10-3-12
Pes 304.10 Specific Standards of Competency for Each
Category of Commercial Applicators.
(a)
Standards for agricultural pest control (A) shall be specific to the
following subcategories as follows:
(1) Plant, further subcategorized and the
standards for which shall be as follows:
a. Fruit (A1) applicants shall demonstrate by
examination a knowledge of:
1. The crops to be grown;
2. Pests against which they might be using
pesticides;
3. The areas that would be affected by pesticide
applications;
4. The quantities of pesticides needed;
5. The ultimate use of their crops as food or
feed;
6. Soil and water problems that could result
from pesticide use;
7. Pre-harvest and re-entry intervals;
8. Phytotoxicity; and
9. Potential contamination to the environment
and other non-target areas resulting from the use of pesticides;
b. Herbicides (A2) applicants shall demonstrate
by examination a knowledge of:
1. The crops to be grown;
2. Pests against which they might be using
herbicides;
3. The areas that would be affected by pesticide
application;
4. The quantities of pesticides needed;
5. The ultimate use of their crops as food or
feed;
6.
Soil and water problems that could
result from pesticide use;
7. Pre-harvest and re-entry intervals;
8. Phytotoxicity; and
9.
Potential contamination to the environment and other non-target areas resulting
from the use of pesticides;
c. Field crops (A3) applicants shall demonstrate
by examination a knowledge of:
1. The crops to be grown;
2. Pests against which they might be using
pesticides;
3. The areas that would be affected by pesticide
applications;
4. The quantities of pesticides needed;
5. The ultimate use of their crops as food or
feed;
6. Soil and water problems that could result
from pesticide use;
7. Pre-harvest and re-entry intervals;
8. Phytotoxicity; and
9.
Potential contamination to the environment and other non-target areas resulting
from the use of pesticides; and
(2) Animal (A4) applicants shall demonstrate by
examination a knowledge of:
a. The animals to be treated and their
associated pests;
b. Pesticide toxicity as related to these
animals and the potential for undesirable or illegal residues on the animals or
in food products;
c.
The relative hazards associated with formulations, methods of application, age
of animals, stresses and extent of treatment; and
d. In making applications to structures or areas
in or on which animals are confined:
1. The types and properties of pesticides used;
2. Application procedures; and
3.
How to use and apply pesticides in a manner that will not adversely affect the
animals, feed products or production of food products in such structures.
(b)
Standards for forest pest control (C) shall be specific to the following
subcategories as follows:
(1)
a. The types of forests, forest nurseries and
seed production, and the pests involved;
b.
Any cyclic occurrence of pests and specific population dynamics as a basis for
programming treatment;
c. The selective biotic agents and their
vulnerability to the pesticide to be administered in the control program;
d. Control methods that will minimize adverse
effects on the environment, including natural aquatic and other wildlife
habitats; and
e. Factors that contribute to drift and methods
to minimize pesticide contamination of non-target areas; and
(2) Christmas trees (C2) applicants shall
demonstrate by examination a knowledge of:
a. Pests associated with the production and
maintenance of christmas trees;
b. Life cycles of christmas
tree pests;
c. Identification of species of pests;
d. Associated host trees;
e. Specific pesticides to be used;
f. Time of year when pesticides should be
applied for optimum control; and
g. The importance of the following factors
relating to minimizing the possibility of adverse effects on non-target areas,
including wildlife:
1. Types of pesticides;
2. Methods of application;
3. Weather conditions; and
4. Activities in adjacent areas.
(c)
Standards for ornamental and turf pest control (G) shall be specific to
the following subcategories as follows:
(1) Shade and ornamental pest control (G1)
applicants shall demonstrate by examination a knowledge of:
a. The use of pesticides for the maintenance and
production of a wide variety of ornamental trees, shrubs, plantings, and
flowers;
b. The potential for plant injury;
c. Pesticide drift;
d. Persistence beyond the time necessary for
pest control; and
e. Control practices that minimize or prevent
hazards to humans, pets, and other domestic animals that might be in close
proximity to pesticide applications made under this category;
(2) Turf (G2) applicants shall demonstrate by
examination a knowledge of:
a. The use of pesticides for the maintenance and
production of turf;
b. The potential for plant injury;
c. Pesticide drift, its consequences and
control;
d. Persistence beyond the time necessary for
pest control;
e. Control practices that minimize or prevent
hazards to humans, pets, and other domestic animals that might be in close
proximity to pesticide applications made under this category; and
(3) Indoor foliar pest control (G3) applicants
shall demonstrate by examination a knowledge of:
a. The use of pesticides in the maintenance of
ornamental trees, shrubs, flowers and other plants in an indoor environment;
b. Potential for plant injury;
c. Contamination and persistence beyond the time
necessary for pest control; and
d.
Application techniques that would prevent contamination of food, non-target
areas, people and pets that might be at risk to exposure from pesticides
applied under this category.
(d)
Standards for aquatic pest control (D) shall require applicants
demonstrate by examination a knowledge of:
(1) The secondary effects of improper application
rates, incorrect formulations and poor application techniques;
(2) The
various uses to which a body of water might be subject, and the potential of
downstream effects; and
(3) The principle of limited area application and
the potential for adverse effects on fish, plants, birds, beneficial insects
and other organisms in aquatic environments.
(e)
Standards for right-of-way, and commercial weed and brush control (B)
shall require applicants demonstrate by examination a knowledge of:
(1) Problems of runoff, drift, excessive
defoliation and ability to recognize target organisms; and
(2) The nature of herbicides and the need for
containment of herbicides within the control area to prevent damage to adjacent
areas and communities.
(f)
Standards for industrial, institutional, structural and health related
pest control (F) shall be specific to the following subcategories as follows:
(1)
Industrial, institutional, structural and health related pest control (F1)
applicants shall demonstrate by examination a knowledge of:
a. Pests that are typically found on, in, or
around structures;
b. The life cycles of pests;
c. Formulations of pesticides used in control of
the pests;
d. Application techniques that avoid
contamination and exposure of food, adjacent areas, people and pets;
e.
The specific factors that might lead to a hazardous condition including
continuous exposure of babies, children, pregnant women, and elderly people to
pesticides applied under this category; and
f. The impact of environmental factors on the
risks associated with the outdoor application of pesticides under this
category;
(2) Mosquito and black fly (F2) applicants shall
demonstrate by examination knowledge of:
a. Vector-disease transmission and how this
might relate to application programs;
b. Mosquito and black fly species;
c. Life cycles and habitats;
d. Types of pesticide formulations appropriate
for control;
e. Methods of application of pesticides;
f. The potential hazards to non-target areas;
including:
1. Contamination of food;
2. Damage and contamination of habitat; and
3. Exposure of people and pets;
g. Specific pesticides for control of mosquitoes
and black flies, and
h. Non-pesticide control methods such as
sanitation, waste disposal and drainage;
(3) Termites and other wood-destroying insects
(F3) applicants shall demonstrate by examination knowledge of:
a. The variety of wood destroying insects;
b. The life cycle of pests;
c. Habitats;
d. Conditions favoring the infestation of pests;
e. Preventative measures and control practices;
f. The hazards involved in applying those
pesticides used in the control of wood destroying insects; and
g. The use of the equipment employed under this
category;
(4) Fumigation (F4) applicants shall demonstrate
by examination a knowledge of:
a. The various types of fumigants;
b. Methods of fumigation;
c. Selection of fumigants with regard to factors
such as:
1. Toxicity to target pests;
2. Corrosion;
3. Flammability;
4. Explosive potential;
5. Residue tolerances; and
6. Odors and taste;
d. Equipment used in fumigation; and
e. Symptoms of poisoning and emergency
treatment;
(5) Pole treating and wood preservation (F5)
applicators shall demonstrate by examination knowledge of:
a. The organisms and insects that degrade wood;
b. Identification of species and their habitats;
c. The various pesticide treatments;
d. Formulations of pesticides;
e. Application technique; and
f. Environmental consequences resulting from the
use of pesticides under this category; and
(6) Food handlers (F6) applicators shall
demonstrate by examination knowledge of:
a. The pests associated with food handling
facilities;
b. Life cycles of the pests;
c. Formulations of pesticides used in their
control;
d. Application techniques that avoid
contamination and exposure of food; and
e. Habitats of pests and how such pests respond
to changes in the environment.
(g) Standards for public health pest control (E)
shall require applicants demonstrate by examination knowledge of:
(1)
Vector-disease transmission and the management of those pests which act as
hosts and vectors of diseases with public health implications;
(2) The life cycles of pests that might be
encountered under this category;
(3) Identification of species of pests;
(4) Habitat of pests;
(5) The pesticides suitable for specific
situations as a basis for control strategy;
(6)
The environmental conditions, both indoor and outdoor, that might be
encountered when treating pests under this category; and
(7) The importance of non-chemical controls for
the pests encountered under this category.
(h)
Standards for regulatory pest control (I) shall require applicants
demonstrate by examination knowledge of:
(1) Regulated pests, which shall include species
listed in the "Regulated Pest List" maintained by the US Department
of Agriculture, Animal and Plant Health Inspection Service, and any known
invasive species in this state;
(2) Applicable federal and state laws relative to
quarantine procedures of such regulated pests;
(3) The environmental impact of pesticide
applications to eradicate or suppress such regulated pests;
(4) Factors influencing introduction, spread and
population dynamics of such regulated pests; and
(5) Regulated pests in other parts of the country
that can become problems in this state.
(i) Standards for demonstration and research pest
control (H) shall require applicants demonstrate by examination knowledge of:
(1) The safe and effective use of pesticides;
(2)
The variety of pesticides available for use;
(3)
The uses and effects of pesticides;
(4)
Population dynamics of the variety of pests that may be encountered;
(5)
Problems and situations requiring control measures;
(6) Pesticide-organism
interactions and the importance of integrating pesticide use with other control
methods;
(7) All the
standards detailed under Pes 304.09, and in addition shall meet the specific
standards of Pes 304.10, which are applicable to their particular activity; and
(8)
The specific pests, pesticides used, control practices, and
environmental implications of the
pesticides
used associated with the particular field of expertise of the applicant.
(j)
Standards for aerial pest control (J) shall require applicants
demonstrate by examination knowledge of:
(1) The operation of aerial equipment,
calibration and techniques used in applying pesticides;
(2)
The effects of particle size and formulations of pesticides as they
relate to aerial application including rotorwake and
wing vortex effects;
(3)
Methods which prevent or minimize hazards to ground crews, adjacent
non-target areas and wildlife; and
(4)
All the standards detailed under Pes 304.09.
Source. #8059, eff 5-30-04; ss by #9712-B, eff
5-11-10; ss by #10198-B, eff 10-3-12
PART Pes 305 PRIVATE
APPLICATOR PERMITS
Pes 305.01 Types of Private Applicators. Pursuant to the issuance of private
applicator permits, private applicators shall be divided into 2 groups as
follows:
(a) Those desiring to apply general use
pesticides only, who shall be issued a general use permit upon submittal of a
private applicator permit application provided by the division, that includes
the following:
(1) Type of request,
whether renewal or initial;
(2) Applicant's name,
address and phone number;
(3) Applicant's legal
address if different from the mailing address;
(4) In the case of a
nonresident, the name and address of a person residing in New Hampshire who is
authorized to receive and accept services of summonses and legal notices of all
kinds on behalf of the applicant;
(5) Names, addresses and
acreage of properties where crops are being grown and the type of crop;
(6) Names and addresses of
owners, officers or trustees of the entity applying pesticides and the persons responsible
for application of pesticides; and
(7) Signature of applicant
attesting to:
a. The fact that all
information on the application is true and that falsification of information
shall be grounds for denial of the permit;
b. Reporting all pesticides
used each year to the division; and
c. Following implicitly all
instructions outlined on the manufacturers current labeling; and
(b) Those desiring to apply state restricted use
pesticides, who shall be issued a restricted use permit upon having:
(1) Reached the minimum age
as specified in Pes 305.03;
(2) Obtained a passing
grade of 60% for all applicable examinations pursuant to Pes 305.04; and
(3) Submitted an
application form as described in Pes 305.01(a).
Source. #4812, eff 5-3-90; ss by #6258, eff 5-30-96;
ss by #8059, eff 5-30-04; ss by #9712-B, eff 5-11-10; ss by #10198-B, eff
10-3-12
Pes 305.02 Reports of Pesticide Use. Applicants for private applicator permits
shall, at the time of submittal of a permit application, report all pesticide
use pursuant to Pes 901 on forms provided by the division.
Source. #150, eff 1-9-74; ss by #2209, eff 12-13-82;
ss by #2781, eff 7-26-84; ss and moved by #4812, eff 5-3-90; amd by #4867, eff
7-19-90; amd by #5734, eff 11-5-93; ss by #6258, eff 5-30-96; ss by #8059, eff
5-30-04; ss by #10198-B, eff 10-3-12
Pes 305.03 Minimum Age for Private Applicator Permits. Applications for private applicator general
use and restricted use permits issued pursuant to this chapter shall be
accepted only from those individuals who have attained the age of 18.
Source. #4812, eff 5-3-90; ss 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
Pes 305.04 Examination Required for Restricted Use
Permit. All private applicators
desiring to be certified to use state restricted use pesticides shall take a
written examination as set forth in Pes 305.06.
Source. #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
Pes 305.05 Procedures for Examination.
(a) Applicants, after submitting an exam
application provided by the division as described under Pes 304.07(e), shall be
notified through the division of pesticide control, their local cooperative
extension spokesperson or both as to the time and place of examination.
(b) Examination shall be given only by
appointment through the division.
Source. #150, eff 1-9-74; amd by #1410.1, eff 8-1-79;
ss by #2209, eff 12-13-82; ss by #2781, eff 7-26-84; ss by #4687, 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
Pes 305.06 Scope of Examination.
(a) The examination shall test the applicant's
general knowledge in the pesticide field and knowledge relevant to the applicant's
particular operation, such as orchards, greenhouse operations, small fruit and
berry growers or field crops.
(b) The applicant shall have a practical
knowledge of:
(1) The pest problems and
control of those pests associated with the particular operation;
(2) Storage of pesticides;
(3) Use and handling of
pesticides;
(4) Disposal of pesticides
and containers; and
(5) The laws and
administrative rules related to the operation and the particular use of
pesticides.
(c) The applicant shall have the ability to:
(1) Recognize the pests,
their damage and their control common to the applicants situation;
(2) Read and understand
labels and labeling information including:
a. The commonly used name
of the pesticide applied;
b. The pest or pests
controlled by it;
c. Safety precautions to be
taken;
d. Disposal or storage
procedures specific to the pesticide used;
e. Time and methods of
application; and
f. Any pre-harvest or
re-entry restrictions;
(3) Apply pesticides in
accordance with label instructions and warnings, including:
a. General knowledge of
formulations;
b. Perform calculations
necessary to bring about the correct application rates of pesticides, which
might depend upon such things as:
1. Target pest;
2. Crop or site being
treated;
3. Application method; and
4. Mixtures with other
pesticides;
c. Speed at which equipment
will be driven; and
d. Quantity to be dispersed
per unit of time;
(4) Recognize local
environmental situations to be considered to avoid contamination to the
applicator, bystander, consumer, livestock, wildlife, and adjacent crops or
water; and
(5) Recognize poisoning
symptoms and know what procedures to follow in case of a pesticide accident.
Source. #8059, eff 5-30-04; ss by #10198-B, eff
10-3-12
Pes 305.07 Oral Examinations.
(a) Oral examinations, which shall encompass the
same information as written exams as described under Pes 305.06, shall be used
in cases where applicants have difficulty in comprehending and answering written
questions, even though their training and experience indicate adequate
competency.
(b) Oral examinations shall be conducted on a
one-to-one basis between the applicant and a designee of the division.
Source. #8059, eff 5-30-04; ss by #10198-B, eff
10-3-12
Pes 305.08 Applicants Unable to Read.
(a) Persons who are unable to read and desire
certification to apply state restricted use pesticides shall:
(1) Demonstrate competency
through oral examination for each pesticide to be used;
(2) Be issued a separate
certificate for each pesticide in which competency is demonstrated; and
(3) Be limited to applications to specific commodities, crops or
sites, in accordance with their circumstances.
(b) Competency, in addition to being demonstrated
according to requirements set forth in Pes 305.06, shall also be determined on
the basis of an applicant's:
(1) Experience using
pesticides;
(2) Comprehension of oral
instruction; and
(3) Demonstrated
understanding of hazards involved.
(c) Determination of the applicant's
comprehension of label information for those pesticides for which certification
is allowed shall be by oral examination.
(d) Applicants unable to demonstrate by oral
examination the required level of competency pursuant to Pes 305.06 shall be
denied certification.
(e) Applicants unable to read shall provide
evidence of the presence of another person who can read labels.
(f) Evidence required in (e) above shall be a
letter signed by the person who is present for purposes of reading labels.
(g) The letter required in (f) shall include the
following information:
(1) The name of the person
applying for certification;
(2) The name of the person
who will be present to read labels; and
(3) The period of time of
availability of the person in (2) above.
(h) Applicants unable to provide evidence of the
presence of a person who can read labels shall be denied certification.
Source. #8059, eff 5-30-04; ss by #10198-B, eff
10-3-12
Pes 305.09 Manner of Application. A private applicator in
Source. #8059, eff 5-30-04; ss by #10198-B, eff
10-3-12
PART Pes 306 PESTICIDE
DEALER LICENSES
Pes 306.01 Pesticide Dealers.
(a) Pursuant to RSA 430:35, pesticide dealers
shall be licensed.
(b) A license shall be required for each location
or outlet from which state restricted use pesticides are distributed, sold,
held for sale or offered for sale.
(c) Salesmen and manufacturers' representatives
selling state restricted use pesticides directly to the consumer shall be
considered dealers and shall be subject to the requirements of Pes 306.
(d) Applications for dealer licenses shall be on
forms prescribed by the division and shall be accompanied by an annual license
fee as set forth in RSA 430:35, II.
Licenses shall be renewed annually.
(e) The following shall be included on the
application form:
(1) The applicants name,
address and phone number;
(2) The dealership name,
mailing address and work phone number;
(3) The name and address of
each owner, officer or trustee of the firm;
(4) If the applicant is not
a resident of New Hampshire, a person whose domicile is in the state of New
Hampshire and who is authorized to receive and accept service of summonses and
legal notices of all kinds on behalf of the applicant;
(5) Whether it is an
initial application or a renewal;
(6) Type of dealer such as farm supplier, garden center, hardware
store, department store, manufacturer's representation;
(7) Description of the
pesticide storage area; and
(8) Date and signature of
applicant.
(f)
Each dealer shall be responsible for the acts of those people in his
employ and the dealer's license shall be subject to denial, suspension or
revocation pursuant to Pes 401.02, for any violation of RSA 430:28-49 or Pes
300-900, whether committed by the dealer or an officer, agent or employee.
Source. #741,
eff 1-18-76; ss by #2209, eff 12-13-82; ss by #2781, eff 7-26-84; ss by
#4867, eff 7-19-90; ss by #6258, eff 5-30-96; ss by #8059, eff 5-30-04; ss by
#9712-B, eff 5-11-10; ss by #10198-B, eff 10-3-12
Pes 306.02 Dealer Qualifications. Prior to being issued a dealer license,
applicants shall:
(a) Have passed a dealer exam as specified under
Pes 306.03;
(b) Have adequate
facilities for storage of prohibited-limited use and restricted pesticides
that comply with Pes 803; and
(c) Designate at least one person who shall be
responsible for the handling, distribution, and selling of pesticides.
Source. #1301, eff 1-10-79; ss by #2209, eff
12-13-82; ss by #2781, eff 7-26-84; ss 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
Pes 306.03 Dealer Examinations.
(a) Applicants for dealer licenses to sell
prohibited-limited use or restricted pesticides shall, prior to licensing,
satisfy the division that they possess adequate knowledge of the laws and rules
governing the safe handling, use and sale of "prohibited-limited use"
and "restricted" pesticides by passing a written examination
administered by the division.
(b) Examinations for purposes of determining
competency of dealers shall include questions concerning:
(1) Knowledge of applicable
statutes and rules;
(2) Safety in handling
toxic chemicals;
(3) Storage and disposal of
pesticides;
(4) Handling sales
transactions of pesticide; and
(5) Record keeping.
(c) A grade of at least 70 percent shall be
required to pass the dealer examination.
Source. #8059, eff 5-30-04; ss by #10198-B, eff
10-3-12
Pes 306.04 Pesticide Dealer Ongoing Requirements. Persons who have been issued a pesticide
dealers license shall:
(a) Not display for self-service any
"Prohibited-limited use" or "restricted" pesticides;
(b) Keep records pertaining to the acquisition, sale
or disposal of "prohibited-limited use" or "restricted"
pesticides and submit these records to the division on an annual basis on or
before December 1, on a form provided by the division;
(c) Maintain and keep up to date, on a day-to-day
basis, such records as are required under (b);
(d) Make all records pursuant to (b) available,
upon request, for inspection by the division;
(e) Include in records being kept pursuant to
(b):
(1) Date of sale;
(2) Supervisory
registration or restricted use permit number of person making the purchase;
(3) Name of registration
certificate or permit holder purchasing the pesticide;
(4) Quantity and container
size of pesticide purchased;
(5) Brand name of pesticide
purchased;
(6) Concentration of active
ingredient in the pesticide;
(7) Name of individual preparing the record;
and
(8) Name of dealership.
Source. #8059, eff 5-30-04; ss by #10198-B, eff
10-3-12
Pes 306.05 Sales of Prohibited-Limited Use and
Restricted Pesticides. Dealers shall
not distribute or sell "prohibited-limited use" or
"restricted" pesticides to persons holding supervisory registration
certificate-general use, as defined in Pes 101.36, or to any other person
except to persons who hold and present a current restricted use permit to apply
pesticides or a current supervisory certificate of registration, other than a
Supervisory registration certificate-general use, as issued by the division.
Source. #8059, eff 5-30-04; ss by #9924-A, eff
5-10-11; ss by #10198-B, eff 10-3-12
Pes 306.06 Registration of Pesticides. All pesticides distributed, sold, held for
sale or offered for sale in
Source. #8059, eff 5-30-04; ss by #10198-B, eff
10-3-12
Pes 306.07 Exemptions. Pesticide materials other than those
designated as "prohibited, "prohibited-limited use" or
"restricted, provided they are registered with the New Hampshire
department of agriculture, markets and food, may be sold without license
requirements.
Source. #8059, eff 5-30-04; ss by #10198-B, eff
10-3-12
PART Pes 307 REGISTRATION
OF COMMERCIAL BUSINESS
Pes 307.01 Registration of Commercial Business - For
Hire. Every business entity engaged
in the commercial application of pesticides, and providing services involving
the use of pesticides or devices associated with performing pest control
related activities in this state for the control, eradication, minification, or
prevention of pests, shall hold a non-transferable certificate of registration
stating those categories in which it is authorized to apply pesticides,
excepting that commercial applicator not for hire business entities shall not
be required to be so registered.
Source. #2002, eff 4-l9-82; ss by #2209, eff
12-13-83; ss by #2781, eff 7-26-84; ss 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
Pes 307.02 Registration Procedure and Requirements. Applicants for business registration
certificates shall satisfy the following requirements prior to registration:
(a) The commercial business entity shall register
with the pesticide control division by completing an application provided by
the division.
(b) The application form under (a) shall include
the following:
(1) Name, mailing and
street address of the business;
(2) Name, mailing and
street address of any subsidiary businesses;
(3) Name and address of
principal supervisory license holder;
(4) Name and address of all
other supervisory license holders;
(5) Signature of principal
supervisory license holder; and
(6) Date the form was
completed.
(c) Business entities shall be registered prior
to the issuance of registration certificates to any individual applicator
employed by the business.
(d) Each business entity shall meet the insurance
requirements set forth in Pes 302.03.
(e) Each registered company shall supply the
division with a list of all certified commercial applicators they employ and
shall send a written notice to the division within 30 days whenever a certified
commercial applicator is hired or leaves their employment.
Source. #2002, eff 4-l9-82; ss by #2209, eff
12-13-82; ss by #2781, eff 7-26-84; ss 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
Pes 307.03 Multiple Business Names. In such instances where a business entity
operates under more than one name or subsidiary, each name or subsidiary shall
be registered, pursuant to Pes 307.01, as a separate entity.
Source. #2002, eff 4-l9-82; ss by #2209, eff
12-13-82; ss by #2781, eff 7-26-84; ss 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
Pes 307.04 Issuance of Registration Number. A business registration certificate showing
the registration number shall be issued to applicants upon completion of the
requirements under Pes 307.02.
Source. #2002, eff 4-l9-82; ss by #2209, eff
12-13-82; ss by #2781, eff 7-26-84; ss 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
Pes 307.05 Changes in Company Status. Any changes in the status of the firm, branch
office or subsidiary, including but not limited to changes in personnel whose
function relates to pesticide application such as registered applicators,
managers and corporate officers, changes in ownership, location, corporate
structure, shall be reported immediately to the division.
Source. #2002, eff 4-l9-82; ss by #2209, 12-13-82; ss
by #2781, eff 7-26-84; ss 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
Pes 307.06 Vehicle Identification. The business registration number and business
name shall be displayed on vehicles according to the requirements of Pes
504.02.
Source. #6258, eff 5-30-96; ss by #8059, eff 5-30-04;
ss by #10198-B, eff 10-3-12
Rule |
|
Pes 301.01 Pes 301.03 |
RSA 430:31, IV(n) |
Pes 302.01 |
RSA 430:33, I, III and RSA
430:34 |
Pes 302.02 Pes 302.03 |
RSA 430:33, I |
Pes 302.04 |
RSA 430:33, I and RSA
430:34 II, III, IV |
Pes 303.01 |
RSA 430:31, IV(n) |
Pes 303.01(a-k)(m-o) |
RSA 430:31, IV(n),(o), RSA 430:33,I |
Pes 303.01(l) |
RSA 430:31, IV(n),(o), RSA 430:33,I |
Pes 303.02 Pes 303.03 |
RSA 430:33, I, III |
Pes 304.01 |
RSA 430:31, IV(n) |
Pes 304.02 Pes 304.07 |
RSA 430:33, I and RSA
430.34, III, IV, V |
Pes 304.08 |
RSA 430:33, I |
Pes 304.09 |
RSA 430:33, I and RSA
430.34, III, IV, V |
Pes 304.10 |
RSA 430:31, IV(o) |
Pes 305.01 Pes 305.02 |
RSA 430:33, I, II |
Pes 305.03 Pes 305.04 |
RSA 430:33, I |
Pes 305.05 |
RSA 430:33, I, II and RSA
430:34 |
Pes 305.06 Pes 305.08 |
RSA 430:33, I, II |
Pes 305.09 |
RSA 430:33, I, III and RSA
430:34, IV |
Pes 306.01 |
RSA 430:31, IV(e)(f) |
Pes 306.02 Pes 306.07 |
RSA 430:35 |
Pes 307.01 |
RSA 430:33, I and RSA
430:34, I, II |
Pes 307.02 - Pes 307.03 |
RSA 430:33, I and RSA
430:34, II |
Pes 307.04 Pes 307.06 |
RSA 430:33, I |