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Proposed Federal Plan for Certifying 

Applicators of Restricted Use Pesticides within 

Indian Country

April 14, 2011
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Table of Contents

I. Executive Summary............................................................ 3

II. Introduction..................................................................... 3

III. Background..................................................................... 4

IV. Definitions....................................................................... 4 

V. Applicability of the Plan...................................................... 5

VI. Legal Authority................................................................ 5

VII. Lead Agency.................................................................... 5

A. Funding and Personnel 

B. Reporting

VIII. Applicator Requirements and Classification & Certification 

Options........................................................................... 6

A. Private Applicators

B. Commercial Applicators

IX. Commercial Applicator Categories.......................................... 8

X. Certification Procedures...................................................... 8

XI. Enforcement of the Plan....................................................... 9

A. Enforcement Authority

B. Pesticide Dealer Reporting Requirements

C. Inspections

D. Revocation, Suspension, and Modification

E. Penalties

XII. Appendices....................................................................... 12

A. Federal Insecticide Fungicide & Rodenticide Act – Section 11

B. 40 Code of Federal Regulations – Protection of the Environment, Section 

171.11

C. EPA-approved certification categories/subcategories and corresponding 

comparable federal categories

D. Pesticide Applicator Certification Forms
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I. Executive Summary

Under the authority of Section 11(a)(1) of the Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA), and in accordance with the regulations found at Title 40 of the 

Code of Federal Regulations (CFR) Part 171.11, the United States Environmental 

Protection Agency (EPA) is implementing a federal pesticide applicator certification plan 

(Plan) for those areas of Indian country1 where no other EPA-approved or EPAimplemented plan applies. This federal certification Plan describes the process by which 

EPA will implement a program for the certification of applicators of restricted use 

pesticides (RUPs) in Indian country based upon the certification requirements 

enumerated at 40 CFR Part 171. 

EPA will administer routine maintenance activities associated with implementation of 

this Plan and will conduct inspections and take enforcement actions as appropriate. 

II. Introduction

This Plan describes the process for becoming certified to use RUPs within Indian 

country. Indian country refers to land defined as Indian country at 18 U.S.C. §1151. 

Consistent with the statutory definition of Indian country, as well as federal case law 

interpreting this statutory language, EPA treats lands held by the federal government in 

trust for Indian tribes that exist outside of formal reservations as informal reservations, 

and thus as Indian country. 

Under FIFRA, pesticides (or the particular use or uses of a pesticide) that may generally

cause, without additional regulatory restrictions, unreasonable adverse effects on the 

environment, including injury to the applicator, shall be classified for “restricted use.” If 

the classification is made because of hazards to the applicator, the pesticide may only be 

applied by or under the direct supervision of a certified applicator. If the classification is 

made because of potential unreasonable adverse effects on the environment, the pesticide 

may only be applied by or under the direct supervision of a certified applicator or subject 

to such other restrictions as the Administrator may provide by regulation. To be certified, 

 

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Indian country: As defined at 18 U.S.C. § 1151: (a) all land within the limits of any

Indian reservation under the jurisdiction of the United States Government, 

notwithstanding the issuance of any patent, and, including rights-of-way running 

through the reservation; (b) all dependent Indian communities within the borders of 

the United States whether within the original or subsequently acquired territory

thereof, and whether within or without the limits of a state; and (c) all Indian 

allotments, the Indian titles to which have not been extinguished, including rights-ofway running through the same. 

Consistent with the statutory definition of Indian country, as well as federal case law 

interpreting this statutory language, EPA treats lands held by the federal government 

in trust for Indian tribes that exist outside of formal reservations as informal 

reservations, and thus as Indian country. 
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an individual must be determined to be competent with respect to the use and handling of 

pesticides covered by the certification. 

A person becomes a certified applicator through meeting the requirements of a 

certification plan that is administered by a pertinent state, tribal, territorial, or federal 

agency and is approved or implemented by EPA. This document describes the 

certification plan EPA will use to certify applicators of RUPs for those areas of Indian 

country where no other EPA-approved or EPA-implemented plan applies.

III. Background

Among other things, EPA’s regulations under 40 CFR part 171 provide that:

1) An Indian tribe may develop its own plan for certifying private and 

commercial applicators to use or supervise the use of RUPs;

2) If a tribe does not develop its own certification plan, the tribe may choose to 

utilize a state’s certification program, with the concurrence of that state; or

3) EPA can implement a federal plan for the certification of applicators of RUPs.

Currently, there are a few tribes with tribal plans, a federal plan for Navajo Nation, and a 

draft proposed federal plan for Region 8 Indian country. In addition, a few tribes have a 

Memorandum of Understanding with a state. Under 40 CFR § 171.11, EPA is authorized 

to implement a plan for the federal certification of applicators of RUPs where there is no 

EPA-approved state or tribal applicator certification plan in effect. 

EPA consulted with the tribes on November 29 and December 13, 2010 to ensure 

development of a federal plan that effectively meets their needs and those of restricted 

use pesticide applicators in Indian country. During the consultations, several issues were 

discussed, such as the desire for notification to tribes prior to RUP use, assuring the 

competency of private applicators, and the possibility of an opt-out provision in the Plan. 

EPA plans to seek comment on these issues during the public comment period.

Additional concerns were raised that we respect tribal sovereignty, not require unfunded 

mandates, and provide adequate enforcement to assure RUPs are used legally and safely. 

EPA believes that the proposed Plan addresses all of these concerns. 

Therefore, in accordance with 40 CFR § 171.11, EPA will implement this Plan for the 

federal certification of applicators of RUPs in Indian country where no other EPAapproved or EPA-implemented plan applies. Implementation of this certification Plan 

will 1) provide a mechanism by which individuals can become legally certified; 2) 

establish requirements that ensure and demonstrate competency in the proper use and 

application of RUPs in Indian country; and 3) ensure that an individual adheres to 

certification requirements.

IV. Definitions 
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See Appendix C for relevant definitions.

V. Applicability of the Plan

EPA will implement this Plan within those areas of Indian country where no other EPAapproved or EPA-implemented plan applies.

Tribes may continue to pursue options available under 40 CFR § 171.10 for their areas of 

Indian country, including seeking EPA approval of tribal plans for such areas under 40 

CFR § 171.10(a)(2) or utilizing a state’s certification program under 40 CFR § 

171.10(a)(1). An option implemented under 40 CFR § 171.10 would replace this federal 

plan for the relevant area of Indian country. Some tribes may also choose to further 

restrict or prohibit the use of RUPs in their areas through the implementation of tribal 

codes, laws, regulations, or other applicable tribal requirements. EPA intends to continue 

consulting with tribes whose Indian country is subject to this federal plan regarding the 

use of RUPs in their areas and notes that applicators certified under this federal plan are 

responsible for complying with any applicable tribal requirements. 

EPA will revisit this plan if/when the federal applicator certification regulation revisions 

are finalized to modify this plan if necessary.

VI. Legal Authority

EPA will implement this Plan under FIFRA section 11(a)(1) (see Appendix A), as 

amended, and 40 CFR § 171.11. 

The regulations at 40 CFR § 171.11(e) authorize EPA to issue certificates based upon the 

pesticide applicator first meeting the requirements for certification issued under any other 

federal or EPA-approved state or tribal certification program.

Additional enforcement authorities are contained in Sections 8, 9, 13, 14, and 23 of 

FIFRA. Also see the FIFRA Enforcement Response Policy at 

http://cfpub.epa.gov/compliance/resources/policies/civil/fifra/.

VII. Lead Agency

EPA will administer this federal certification Plan for RUP applicators in Indian country. 

o EPA Regions will administer routine maintenance activities, including 

application processing, database management, recordkeeping, and program 

oversight. The EPA Regions are also authorized to certify applicators and 

conduct general outreach. 
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o EPA Regions will also conduct inspections as appropriate and take 

enforcement action under the FIFRA Enforcement Response Policy, as 

appropriate. 

o EPA Office of Regional Counsel will provide legal assistance, as appropriate. 

A. Funding and Personnel

EPA has adequate resources to implement the Plan in Indian country consistent with 

the requirements of FIFRA and the regulations in 40 CFR Part 171.

B. Reporting

EPA will ensure that this Plan is maintained and kept current in accordance with the 

requirements at 40 CFR Part 171. EPA will make the Plan publicly available at 

EPA’s Certification and Training database website: http://cpard.wsu.edu/. EPA will 

update the Plan as necessary.. EPA will submit annual certification accomplishment 

reporting by December 31st of each calendar year via the database website. 

VIII. Applicator Requirements and Classification & Certification Options 

Under this Plan, EPA will implement a program for the certification of private and 

commercial applicators to apply RUPs in those areas of Indian country where no EPAapproved or EPA-implemented plan exists. 

A. Private Applicators

For individuals seeking certification as a private applicator under the Plan, EPA will 

exercise its authority contained in 40 CFR §§ 171.11(d)(1) & (e) to issue 

certifications if the applicator either:

(1) Submits evidence of certification as a private applicator authorized to 

apply federally designated RUPs through a federal plan or an EPAapproved state or tribal plan with a contiguous boundary to the relevant 

area of Indian country. If circumstances require, the EPA Region may

work with the tribe to allow federal certification under this plan based on 

a valid certification from another nearby state or tribe. Or 

(2) Submits documentation of physical attendance and completion of an EPAapproved training and self-study evaluation. 

Length of certification: Under 40 CFR § 171.11(e), a private applicator certificate 

expires 3 years after the date of issuance or at the expiration date of the original 

federal, state, or tribal certificate, whichever occurs first. A proposed rule is 
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currently under development that would allow a federal certification based on a 

valid federal, state or tribal certification, to expire when the original certificate 

expires, unless the certificate is suspended or revoked. If this amendment is 

finalized, the Agency will utilize the expiration date of the original valid 

certification.

Renewal/recertification: Applicators may apply to be recertified through the 

options listed in Section VIII (A) (1) and (2) of this Plan during the 12 months 

preceding the expiration of their current certificate.

B. Commercial Applicators

For individuals seeking certification as a commercial applicator under the Plan, EPA

will utilize authority contained in 40 CFR § 171.11(e) to issue certification as 

described below:

(1) Submitting evidence of certification as a commercial applicator 

authorized to apply federally designated RUPs under any other federal

plan or EPA-approved state or tribal plan with a contiguous boundary to 

the relevant area of Indian country. Under this option, EPA may issue 

federal commercial certificates to persons who are certified as commercial 

applicators for the same category(ies) listed in their original certificate

(except for sodium cyanide capsules and sodium fluoroacetate used in 

livestock protection collars categories; see part IX. Commercial 

Applicator Categories of this plan for more information on these 

categories). If circumstances require, the relevant EPA Region may work 

with the tribe to allow federal certification under this plan based on a valid 

certification from another nearby state or tribe.

Length of certification: 

Under 40 CFR § 171.11(e), a commercial applicator certificate expires 2 years 

after the date of issuance, or at the expiration date of the original federal, state, or 

tribal certificate, whichever occurs first. A proposed rule is currently under 

development that would allow a federal certification based on a valid federal, 

state or tribal certification, to expire when the original certificate expires, unless 

the certificate is suspended or revoked. If this amendment is finalized, the 

Agency will utilize the expiration date of the original valid certification.

Renewal/recertification: Applicators may apply to be recertified through the 

options listed in Section VIII (B)(1) of this Plan during the 12 months preceding 

the expiration of their current certificate. 
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IX. Commercial Applicator Categories 

EPA recognizes commercial applicators certified by a federal plan or an EPA-approved 

state or tribal plan. EPA will recognize the categories authorized in the original 

certificate, and commercial applicators will be authorized to apply RUPs in Indian 

country for uses covered in their underlying federal, state or tribal certificate with the 

exception of the following.

For sodium cyanide capsules used with ejector devices for livestock predator control, 

there is a use restriction that requires that supervisors of applicators monitor the 

applicators. As stated on the labels, the supervisors are the registrants, which may be 

federal agencies, state agencies, or Indian tribes. Currently, only one Indian tribe -- the 

Navajo Nation -- has obtained a registration for sodium cyanide capsules. Under this

federal plan, a federal certificate will only include a sodium cyanide capsule category if 

the relevant Indian tribe for the area of Indian country at issue obtains its own registration 

for this product and conducts its own monitoring and supervision. 

Registrations for sodium fluoroacetate used in livestock protection collars are currently 

limited to one federal agency, to State agencies in Montana, New Mexico, South Dakota, 

and Wyoming, and to a private entity whose registered product may only be used in 

Texas. Currently, no Indian tribe has a registration for sodium fluoroacetate used in 

livestock protection collars. Under this federal plan, a federal certificate will only include 

a sodium fluoroacetate livestock protection collar if the relevant Indian tribe for the area 

of Indian country at issue obtains its own registration for this product and conducts its 

own monitoring and supervision.

EPA intends to continue consulting with Indian tribes as the federal plan is implemented 

to consider issues relating to availability of sodium cyanide capsules and sodium 

fluoroacetate livestock protection collars in Indian country and will consider modifying 

individual federal certifications in the future as appropriate.

X. Certification Procedures

Persons seeking commercial certification to apply RUPs in Indian country must submit to 

EPA, at the address noted below, a completed ‘Pesticide Applicator Certification Form’ 

EPA Form xxxx-xx (Appendix D) along with proof (copy of certificate, credential, 

license, or other documentation) of a valid federal, state, or tribal certification. 

Individuals seeking to be certified as private applicators must submit a completed 

‘Pesticide Applicator Certification Form’ EPA Form xxxx-xx (Appendix D) with either 

(1) proof (copy of certificate, credential, license, or other documentation) of a valid 

federal, state, or tribal certification, or, (2) documentation showing they have physically

attended and completed an approved training course and self-study evaluation. The selfstudy evaluation and guide can be obtained by contacting EPA at address below. EPA 

may verify with the appropriate federal, state, or tribal certifying agency with whom the 

applicant is claiming to hold a valid certification that the certification on which EPA 

would base its federal certification is, in fact, valid and current.
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The Pesticide Applicator Certification Form can be downloaded from 

www.epa.gov/tobedetermined or may be obtained by contacting the EPA Region directly.

XI. Enforcement of the Plan

A. Enforcement Authority

EPA will, as appropriate, enforce this Plan. States, tribes, and other federal agencies 

who issued a certification upon which the federal certification described herein is 

based are not approved or authorized by EPA to assure compliance in Indian country

with the federal certification provided by this Plan. 

EPA has the authority to take action, as appropriate, to ensure that RUPs are used in 

accordance with their EPA-registered labeling. EPA will also ensure that pesticide 

applicators and dealers comply with the requirements of FIFRA and the 

implementing regulations, including provisions of this federal Plan specified in 40 

CFR § 171.11, in Indian country. Specifically, for example, commercial applicators 

are required to maintain records as provided in 40 CFR § 171.11(c) (7). 

EPA will allow, during the 6 month period after publication of the final Plan, 

applicators to apply RUPs under the Plan in Indian country only for the categories for 

which they already have a valid state, tribal or federal certificate2if they submit a 

complete application to the relevant EPA Region showing proof of a valid state, 

tribal, or federal certification.3 

Beginning 6 months after publication of the final Plan, applicators who are covered 

under this Plan and have not received a written federal certification from the relevant

EPA Region are prohibited from applying RUPs in Indian country located in that 

Region. 

B. Pesticide Dealer Reporting Requirements

Each restricted use pesticide dealer in Indian country where this Plan applies must 

keep records and submit reports to EPA as set forth in 40 CFR § 171.11(g). To 

comply with these reporting requirements, all pesticide dealers and pesticide 

dealerships located within Indian country covered by this Plan must send such reports 

to:

[Insert Contact Information Here]

 

2

Please see Section IX for commercial applicator categories recognized under the Plan, as there are 

proposed exceptions for sodium cyanide capsules used with ejector devices and sodium fluoroacetate used 

in livestock protection collars.

3 Although predicated in part on the applicator's existing valid certification, any use permitted under this 

Plan is allowed and will be enforced only under federal authority.
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C. Inspections

EPA will enforce this Plan by conducting inspections, as appropriate, of RUP dealers 

and certified applicators in Indian country to ensure that RUP dealers are maintaining 

the required records, are making RUPs available for use in accordance with 40 CFR 

§171.11(g), and that certified applicators are complying with all applicable label 

directions. As with all cases where a non-federal official uses federal credentials to 

conduct inspections, when a tribal inspector conducts an inspection under federal 

credentials under a cooperative agreement with EPA, violations would be referred to 

EPA for enforcement action, as appropriate.

EPA has the authority to review RUP dealer records and certified applicator records 

pursuant to Section 8 of FIFRA, 7 U.S.C. § 136f and Section 11 of FIFRA, 7 U.S.C. § 

136i-1(b), and 40 CFR §§ 171.11(g)(3) and (c)(7). Federally credentialed inspectors 

and/or EPA inspectors will investigate incidents, accidents, and complaints related to 

pesticide use in Indian country and report to EPA for appropriate enforcement 

response as set forth by the FIFRA Enforcement Response Policy

(http://cfpub.epa.gov/compliance/resources/policies/civil/fifra/) and as consistent with 

other EPA policies.

D. Revocation, Suspension, and Modification 

EPA may, if appropriate, deny, modify, suspend, or revoke a certificate, or take an 

enforcement action under FIFRA if the applicant or certificate holder has been 

convicted under section 14(b) of FIFRA or been subject to a final order imposing a 

civil penalty under section 14 (a) of FIFRA or where any of the following act listed in 

40 CFR § 171.11(f) occur: 

o use of any registered pesticide in a manner inconsistent with its labeling;

o making available for use, or use of any registered pesticide classified for 

restricted use other than in accordance with section 3(d) of the amended 

FIFRA and any regulations promulgated thereunder;

o refusal to keep and maintain any records required pursuant to this section;

o making of false or fraudulent records, invoices or reports;

o failure to comply with any limitations or restrictions on or in a duly issued 

certificate, or

o violation of any provision of the amended FIFRA and the regulations 

promulgated thereunder.

Pursuant to 40 CFR § 171.11(e), EPA will also begin procedures to revoke, suspend, 

or modify a certificate if the federal, state, or tribal certificate upon which it is based 

is revoked, suspended, or modified.

If EPA decides to deny, revoke, suspend or modify a certificate, EPA will notify (1)

the applicant or certificate holder pursuant to the FIFRA Enforcement Response 

Policy and 40 CFR § 171.11(f)(2)(i), and (2) the agency that issued the original 
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certificate upon which the federal certificate was based, if necessary. If the applicant

or certificate holder requests a hearing pursuant to 40 CFR § 171.11(f)(2)(ii), EPA 

will follow the hearing process contained in 40 CFR § 171.11(f)(3) & (4). 

E. Penalties

Under Section 14 of FIFRA, 7 U.S.C. § 136l, as amended by the Federal Civil 

Penalties Inflation, Adjustment Act of 1990, 28 U.S.C. § 146l, and the Debt 

Collection Improvement Act of 1996, 31 U.S.C. § 370l, EPA has the authority to 

assess both civil and criminal penalties for violations of FIFRA. Commercial 

applicators, wholesalers, dealers, retailers, or other distributors can be assessed a fine 

of up to a $6,500 for each offense as civil penalties and up to $25,000 or 

imprisonment, for not more than one year, or both, for each offense as criminal 

penalties. Private applicators, subsequent to receiving a written warning, can be 

assessed a civil penalty up to $1,200, or a criminal penalty of not more than a $1,000 

fine and/or imprisonment, for not more than thirty (30) days, for each offense. EPA’s

enforcement actions are conducted consistent with applicable EPA enforcement and 

tribal policies and guidance. 
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XII. APPENDICES

Appendix A. Federal Insecticide Fungicide & Rodenticide Act – Section 11

SEC. 11. [7 U.S.C. 136i] USE OF RESTRICTED USE PESTICIDES; 

APPLICATORS.

(a) CERTIFICATION PROCEDURE.—

(1) FEDERAL CERTIFICATION.—In any State for which a State plan for 

applicator certification has not been approved by the Administrator, the Administrator, in 

consultation with the Governor of such State, shall conduct a program for the certification 

of applicators of pesticides. Such program shall conform to the requirements imposed 

upon the States under the provisions of subsection (a)(2) of this section and shall not 

require private applicators to take any examination to establish competency in the use of 

pesticides. Prior to the implementation of the program, the Administrator shall publish in 

the Federal Register for review and comment a summary of the Federal plan for 

applicator certification and shall make generally avail-able within the State copies of the 

plan. The Administrator shall hold public hearings at one or more locations within the 

State if so requested by the Governor of such State during the thirty days following 

publication of the Federal Register notice inviting comment on the Federal plan. The 

hearings shall be held within thirty days following receipt of the request from the 

Governor. In any State in which the Administrator conducts a certification program, the 

Administrator may require any per-son engaging in the commercial application, sale, 

offering for sale, holding for sale, or distribution of any pesticide one or more uses of 

which have been classified for restricted use to maintain such records and submit such 

reports concerning the commercial application, sale, or distribution of such pesticide as 

the Administrator may be regulation prescribe. Subject to paragraph (2), the 

Administrator shall prescribe standards for the certification of applicators of pesticides. 

Such standards shall provide that to be certified, an individual must be determined to be 

competent with respect to the use and handling of pesticides, or to the use and handling 

of the pesticide or class of pesticides covered by such individual’s certification. The 

certification standard for a private applicator shall, under a State plan submitted for

approval, be deemed fulfilled by the applicator completing a certification form. The 

Administrator shall further assure that such form contains adequate information and 

affirmations to carry out the intent of this Act, and may include in the form an affirmation 

that the private applicator has completed a training program approved by the 

Administrator so long as the program does not require the private applicator to take, 

pursuant to a requirement prescribed by the Administrator, any examination to establish 

competency in the 

use of the pesticide. The Administrator may require any pesticide dealer participating in a 

certification program to be licensed under a State licensing program approved by the 

Administrator. 

(2) STATE CERTIFICATION.—If any State, at any time, de-sires to certify 

applicators of pesticides, the Governor of such State shall submit a State plan for such 

purpose. The Administrator shall approve the plan submitted by any State, or any 

modification thereof, if such plan in the Administrator’s judgment—
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(A) designates a State agency as the agency responsible for administering the 

plan throughout the State; 

(B) contains satisfactory assurances that such agency has or will have the 

legal authority and qualified personnel necessary to carry out the plan; 

(C) gives satisfactory assurances that the State will de-vote adequate funds to 

the administration of the plan; 

(D) provides that the State agency will make such re-ports to the 

Administrator in such form and containing such information as the Administrator 

may from time to time require; and 

(E) contains satisfactory assurances that State standards for the certification 

of applicators of pesticides conform with those standards prescribed by the 

Administrator under paragraph (1). 

Any State certification program under this section shall be maintained in 

accordance with the State plan approved under this section. 

(b) STATE PLANS.—If the Administrator rejects a plan submitted under subsection 

(a)(2), the Administrator shall afford the State submitting the plan due notice and 

opportunity for hearing before so doing. If the Administrator approves a plan submitted 

under subsection (a)(2), then such State shall certify applicators of pesticides with respect 

to such State. Whenever the Administrator determines that a State is not administering 

the certification pro-gram in accordance with the plan approved under this section, the 

Administrator shall so notify the State and provide for a hearing at the request of the 

State, and, if appropriate corrective action is not taken within a reasonable time, not to 

exceed ninety days, the Administrator shall withdraw approval of such plan. 

(c) INSTRUCTION IN INTEGRATED PEST MANAGEMENT TECHNIQUES.—Standards prescribed by the Administrator for the certification of applicators 

of pesticides under subsection (a), and the State plans submitted to the Administrator 

under subsection (a), shall include provisions for making instructional materials 

concerning integrated pest management techniques available to individuals at their 

request in accordance with the provisions of section 23(c) of this Act, but such plans may 

not require that any individual receive instruction concerning such techniques or be 

shown to be competent with respect to the use of such techniques. The Administrator and 

States implementing such plans shall provide that all interested individuals are notified of 

the availability of such instructional materials. 

(d) IN GENERAL.—No regulations prescribed by the Administrator for carrying out 

the provisions of this Act shall require any private applicator to maintain any records or 

file any reports or other documents.

(e) SEPARATE STANDARDS.—When establishing or approving standards for 

licensing or certification, the Administrator shall establish separate standards for 

commercial and private applicators. 
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Appendix B. 40 Code of Federal Regulations – Protection of the Environment, 

Section 171.11
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Appendix C. Definitions

Certification: 

The term certification means the recognition by a certifying agency that a person is 

competent and thus authorized to use or supervise the use of restricted use pesticides.

40 CFR 171.2(a)(7)

Commercial applicator: 

The term ‘‘commercial applicator’’ means an applicator (whether or not the 

applicator is a private applicator with respect to some uses) who uses or supervises 

the use of any pesticide which is classified for restricted use for any purpose or on 

any property other than as provided by paragraph (2) [private applicator definition]. 

FIFRA 2(e)(3)

Indian country: As defined at 18 U.S.C. § 1151: (a) all land within the limits of any

Indian reservation under the jurisdiction of the United States Government, 

notwithstanding the issuance of any patent, and, including rights-of-way running 

through the reservation; (b) all dependent Indian communities within the borders of 

the United States whether within the original or subsequently acquired territory

thereof, and whether within or without the limits of a state; and (c) all Indian 

allotments, the Indian titles to which have not been extinguished, including rights-ofway running through the same. Consistent with the statutory definition of Indian 

country, as well as federal case law interpreting this statutory language, EPA treats 

lands held by the federal government in trust for Indian tribes that exist outside of 

formal reservations as informal reservations, and thus as Indian country. 

Pesticide: 

The term ‘‘pesticide’’ means (1) any substance or mixture of substances intended for 

preventing, destroying, repel-ling, or mitigating any pest, (2) any substance or 

mixture of sub-stances intended for use as a plant regulator, defoliant, or desiccant, 

and (3) any nitrogen stabilizer, except that the term ‘‘pesticide’’ shall not include any 

article that is a ‘‘new animal drug’’ within the meaning of section 201(w) of the 

Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(w)), that has been determined 

by the Secretary of Health and Human Services not to be a new animal drug by a 

regulation establishing conditions of use for the article, or that is an animal feed 

within the meaning of section 201(x) of such Act (21 U.S.C. 321(x)) bearing or 

containing a new animal drug. The term ‘‘pesticide’’ does not include liquid chemical 

sterilant products (including any sterilant or subordinate disinfectant claims on such 

products) for use on a critical or semi-critical device, as de-fined in section 201 of the 

Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). For purposes of the 

preceding sentence, the term ‘‘critical device’’ includes any device which is 

introduced directly into the human body, either into or in contact with the 

bloodstream or normally sterile areas of the body and the term ‘‘semi-critical device’’ includes any device which contacts intact mucous membranes but which does 
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not ordinarily penetrate the blood barrier or other-wise enter normally sterile areas of 

the body. FIFRA 2(u)

Private applicator: 

The term ‘‘private applicator’’ means a certified applicator who uses or supervises the 

use of any pesticide which is classified for restricted use for purposes of producing 

any agricultural commodity on property owned or rented by the applicator or the 

applicator’s employer or (if applied without compensation other than trading of 

personal services between producers of agricultural commodities) on the property of 

another person. FIFRA 2(e)(2) 

 Restricted use pesticide (RUP): A pesticide that is classified for restricted use under 

the provisions of section 3(d)(1)(C) of FIFRA
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Appendix D

Pesticide Applicator Certification Form (draft)

The form is available at www.regulations.gov

Docket identification number EPA–HQ–OPP–2010–0723
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