EPA ICR No. 0155.09 OMB Control No. 2070-0029 

ATTACHMENT B 

Section 11 of the Federal Insecticide, Fungicide, and Rodenticide Act 
Section 11 of the Federal Insecticide, Fungicide, and Rodenticide Act 

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 available 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 person 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, desires 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— 

(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 devote adequate funds to 

the administration of the plan; 

(D) provides that the State agency will make such reports 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 program 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.