reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 120 - FRUIT TREE IMPROVEMENT PROGRAM › REQUIREMENTS FOR REGISTRATION AND CERTIFICATION › Section 120.12 - Responsibility of applicant

Current through Register Vol. 54, No. 28, July 13, 2024
The applicant nurseryman shall be responsible, subject to
					 approval by the Department, for the selection of the location and the proper
					 maintenance of registered plantings being grown under the provisions of the
					 FTIP. The applicant shall be responsible for maintaining the identity of
					 nursery stock entered in the FTIP in a manner approved by the
					 Department.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 120 - FRUIT TREE IMPROVEMENT PROGRAM › REQUIREMENTS FOR REGISTRATION AND CERTIFICATION › Section 120.13 - Location of plantings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each
				  planting location shall be subject to approval by the Department and shall be
				  in an area having minimal risks for spread of infectious pests by drainage,
				  flooding, irrigation or other means.
(b) A scion block may not be located within
				  300 feet of any nonregistered plant of the same genus. Volunteer or wild fruit
				  trees of the same genus within 500 feet, further if practical, shall be
				  eradicated. Herbicide programs approved by the Department shall be followed in
				  registered plantings. Registered scion block trees may not be used for
				  propagation purposes until trueness-to-name has been established. Each tree
				  shall bear a permanent registration number.
(c) Registered scion block trees shall have
				  originated from the foundation or nuclear block maintained by the Department or
				  other sources approved by the Department.
(d) A seed block may not be located within
				  300 feet of a nonregistered plant of the same genus. The rootstock and scion
				  sources and the maintenance of seed block trees shall be the same as outlined
				  under this section.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 120 - FRUIT TREE IMPROVEMENT PROGRAM › REQUIREMENTS FOR REGISTRATION AND CERTIFICATION › Section 120.14 - Certified nursery stock

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Fruit tree nursery stock being grown for Penn Premium-certification shall be on
				  rootstocks approved by the Department and shall originate from registered seed
				  trees or from registered stool beds. Fruit tree nursery stock being grown for
				  Penn Standard-certification may be grown on noncertified rootstocks, however
				  registered scion sources should be used when available.
(b) Penn Premium- and Penn Standard-certified
				  nursery stock shall be planted sufficiently apart to maintain their identity
				  and may not be located within 300 feet of a commercial planting of stone or
				  pome fruit. All certified nursery stock shall be designated as to topstock,
				  interstock and rootstock sources. There may be no rebudding or regrafting of
				  nursery row stock unless the stock is reworked from the same registered scion
				  sources as used originally.
(c)
				  Certified nursery stock shall have been produced on soils that received a
				  preplant nematicide or that were sampled before planting and found to be free
				  from virus vector nematodes (
Xiphinema
spp.).
(d) Nursery stock meeting the requirements of
				  the FTIP, when sold, shall have the variety, interstock and rootstock
				  designated, where applicable, as follows:
				  variety/interstock/rootstock.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 120 - FRUIT TREE IMPROVEMENT PROGRAM › REQUIREMENTS FOR REGISTRATION AND CERTIFICATION › Section 120.15 - Establishment and maintenance of plantings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Plantings entered in the FTIP shall be
				  kept in a thrifty growing condition and pests shall be effectively controlled.
				  Suitable precautions shall be taken in cultivation, irrigation, movement and
				  use of equipment and in other farming practices to guard against spread entered
				  in the FTIP.
(b) To assure that the
				  inspections required by this chapter may be made properly and to provide close
				  working knowledge of field operations, the nurseryman shall notify the
				  Department, in advance, of removal of nursery stock or trees entered in the
				  FTIP so that approval can be granted before the work is done. There may be no
				  budding, grafting or top working of registered trees in any scion block, seed
				  block or stool bed.
(c) Labeling of
				  each registered tree and of nursery stock growing in plantings entered in the
				  FTIP to identify it as to rootstock and scion sources shall be done in manner
				  approved by the Department.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 120 - FRUIT TREE IMPROVEMENT PROGRAM › REQUIREMENTS FOR REGISTRATION AND CERTIFICATION › Section 120.16 - Eligibility

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Any type of
				  deciduous tree fruit, when approved by the Department, is eligible for entry in
				  the FTIP as provided in this chapter. To be acceptable for registration or to
				  be eligible for any planting entered in the FTIP, a plant shall have been
				  tested and found to be free from detectable viruses. Patented clones shall be
				  certified true to type and may be accepted providing written permission is
				  obtained from the patent holder or his assignee allowing propagation for
				  experimental manipulation and incorporation into the repository. Release of
				  patented clones in the repository will be made only to the patent holder or his
				  assignee during the duration of patent rights. Patented clones may not be
				  entered in the program unless they have indexed negative for known
				  viruses.
(b) For registration of a
				  tree in a scion orchard, the Department will be notified at the time of
				  planting of the intention of the applicant to seek registration, and
				  application for registration shall be filed at least 2 years before propagating
				  material is needed.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 120 - FRUIT TREE IMPROVEMENT PROGRAM › INSPECTION AND TESTING › Section 120.21 - Procedure

Current through Register Vol. 54, No. 28, July 13, 2024
Inspection and testing procedures prescribed in the FTIP
					 may be carried out only by the Department or by a subcontract approved by the
					 Department and shall be conducted in a manner and at times approved by the
					 Pennsylvania FTIP Advisory Committee. The Department will use the best
					 available indexing procedures. A description of current indexing or procedures
					 will be furnished upon request.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 120 - FRUIT TREE IMPROVEMENT PROGRAM › INSPECTION AND TESTING › Section 120.22 - Tagging and identity

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Tagging.
The Department will authorize the use of official
				  certification tags for the identification of nursery stock or seed that meet
				  the requirements of the FTIP.
(b)
Identity.
A person selling Pennsylvania certified fruit tree
				  nursery stock or seed is responsible for the identity of the stock bearing each
				  tag and for the nursery stock meeting the requirements of the FTIP. Persons
				  issued tags authorized by the FTIP shall account for stock produced and sold
				  and keep the records required by the Department.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 120 - FRUIT TREE IMPROVEMENT PROGRAM › ENFORCEMENT › Section 120.31 - Refusal, suspension or cancellation

Current through Register Vol. 54, No. 28, July 13, 2024
Registration or certification may be refused, suspended or
					 cancelled for any plants in part or all of a planting under any of the
					 following conditions:
(1) The
				  requirements of this chapter have not been met.
(2) The plant is found to be virus-infected
				  or off-type.
(3) A registered tree
				  is found upon indexing to be virus-infected.
(4) The pest control requirements for nursery
				  stock in the nursery inspection regulations of The Pennsylvania Plant Pest Act
				  of 1937 (3 P. S. §
											§
											214-1-214-25) have not been met.
(5) For any reason the identity of a plant
				  becomes uncertain or has not been properly maintained.
(6) A registration number is
				  misused.
(7) The status of nursery
				  stock produced under the provisions of the FTIP is knowingly
				  misrepresented.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 120 - FRUIT TREE IMPROVEMENT PROGRAM › APPLICATION AND FEES › Section 120.41 - Application

Current through Register Vol. 54, No. 28, July 13, 2024
Application for certification shall be made yearly on or
					 before January 30 by contacting the Fruit Tree Improvement Program, Department
					 of Agriculture, 2301 North Cameron Street, Harrisburg, Pennsylvania,
					 17120.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 120 - FRUIT TREE IMPROVEMENT PROGRAM › APPLICATION AND FEES › Section 120.42 - Fees

Current through Register Vol. 54, No. 28, July 13, 2024
Revenues to aid in the support of the FTIP and related
					 research will be generated by a fee imposed on each participating nursery
					 amounting to 1% of the gross sales received by that nursery for fruit trees
					 produced by them and sold during the participating year. Payments should be
					 made on or before December 15 for trees sold during that calendar year. Checks
					 should be made payable to the Commonwealth of Pennsylvania and mailed to the
					 Fruit Tree Improvement Program, Bureau of Plant Industry, Department of
					 Agriculture, Harrisburg, Pennsylvania, 17120.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 122 - CERTIFICATION OF VIRUS-TESTED GERANIUMS › Section 122.1 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
Geraniums (
Pelargonium spp.
) may be
				  certified as virus-tested when inspected, tested and found to be true-to-name
				  and free from virus and virus-like diseases detectable by procedures outlined
				  in this chapter. The Department is responsible for the implementation and
				  operation of the program.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 122 - CERTIFICATION OF VIRUS-TESTED GERANIUMS › Section 122.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
				  have the following meanings, unless the context clearly indicates
				  otherwise:
Department
-The Department of Agriculture of
				  the Commonwealth.
Elite nuclear block
-Plants which are derived
				  from heat-treated meristem tip cultures, are culture indexed, have been indexed
				  negative for recognized viruses and are used as the source of propagating
				  material for the nuclear block.
Increase block
-Plants which are produced
				  directly from the nuclear block and are used as the source of propagating
				  material for the production block.
Index
-Testing a plant for virus infection by
				  means of inoculation from the plant to be tested to an indicator plant or other
				  standard procedures such as seriological detection.
Indicator plant
-A woody or herbaceous plant
				  used for detecting viruses.
Nuclear block
-Plants which are produced
				  directly from the elite nuclear block, have been indexed negative for
				  recognized viruses and are used as the source of propagating material for the
				  increase block.
Off-type
-Possessing horticultural
				  characteristics different from the variety or cultivar listed on the
				  application.
Production block
-Plants which are produced
				  directly from the increase block and are used as the source of propagating
				  material for saleable plants.
Program
-The geranium certification program
				  set forth in this chapter.
Registered plant
-A plant which has been
				  produced under the provisions of this chapter and is certified as virus-tested
				  by the Department; this includes plants in elite nuclear, nuclear, increase and
				  production blocks and saleable plants.
Virus-infected
-The presence of a virus in a
				  plant or plant part.
Virus-like
-An agent such as a spiroplasma,
				  mycoplasma or viroid which elicits symptoms similar to those caused by
				  viruses.
Virus-tested
-A plant which has been indexed
				  negative for recognized viruses detectable by procedures outlined in this
				  chapter.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 122 - CERTIFICATION OF VIRUS-TESTED GERANIUMS › Section 122.3 - Requirements for registration and certification

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
Participation
				in the program is voluntary. Once a written request to participate in the
				program is received by the Department, no participant may withdraw until the
				end of the calendar year. Registration or certification of geraniums does not
				imply a warranty or guarantee on the part of the Department or any employe
				thereof beyond the terms of the program.
(b)
Responsibility of
				applicant.
The applicant shall be responsible for proper maintenance
				and indexing of registered plants being grown under the provisions of the
				program. The applicant shall be responsible for maintaining the identity and
				records of the propagation history of all registered plants in a manner
				approved by the Department.
(c)
Certification.
Certification shall conform with the following:
(1) All plants sold or advertised as
				virus-tested shall be certified by the Department.
(2) Only registered plants may be
				certified.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 122 - CERTIFICATION OF VIRUS-TESTED GERANIUMS › Section 122.4 - Inspection and testing

Current through Register Vol. 54, No. 28, July 13, 2024
The Department reserves the right to inspect the applicant's
				  facilities, techniques, plants and records to insure that the provisions of the
				  program are being followed. The Department also reserves the right to conduct
				  independent indexing on registered plants.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 122 - CERTIFICATION OF VIRUS-TESTED GERANIUMS › Section 122.5 - Labeling

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The method of
				labeling shipments of registered plants shall be approved by the Department,
				and the labels shall contain the following information:
(1) Variety.
(2) A number which can be used to trace the
				plant's origin.
(3) The fact that
				the plants are certified as virus-tested by the Department.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 122 - CERTIFICATION OF VIRUS-TESTED GERANIUMS › Section 122.6 - Enforcement

Current through Register Vol. 54, No. 28, July 13, 2024
Registration or certification may be refused, suspended or
				  cancelled for any plant or group of plants if:
(1) The requirements of this chapter have not
				been met.
(2) The plant is found to
				be virus-infected or off-type.
(3)
				For any reason, the identity of a plant, its propagation history or its
				indexing history becomes uncertain or has not been maintained
				properly.
(4) The status of plants
				produced under the provisions of the program is knowingly
				misrepresented.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 122 - CERTIFICATION OF VIRUS-TESTED GERANIUMS › Section 122.7 - Application and fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Application
. Application for certification can be made by
				contacting the Department of Agriculture, 2301 North Cameron Street,
				Harrisburg, Pennsylvania 17110.
(b)
Fees.
There is no fee charged for certification of geraniums
				as virus-tested.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 122 - CERTIFICATION OF VIRUS-TESTED GERANIUMS › Section 122.8 - Warranty

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This program is
				designed to insure the production of a superior product by eliminating most
				viruses from geranium propagating stock. Neither the Department nor any
				applicant can guarantee that all certified geraniums are free of all
				viruses.
(b) The responsibility of
				an applicant or the Department for the maintenance of registered plants under
				the provisions of the program is terminated after the plants are received by a
				customer.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128 - PESTICIDES › Subchapter A - GENERAL PROVISIONS › Section 128.1 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter prescribes policies and procedures relating to
					 the following:
(1) The labeling,
				  distribution, storage and registration of pesticides.
(2) The classification of restricted use
				  pesticides.
(3) The certification
				  of pesticide applicators.
(4) The
				  licensing of pesticide dealers, commercial and public pesticide businesses and
				  pest management consultants.
(5)
				  The registration of pesticide application technicians and the prior
				  notification of proposed pesticide applications.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128 - PESTICIDES › Subchapter A - GENERAL PROVISIONS › Section 128.3 - Fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Pesticide dealer's license.
The annual fee for a pesticide
				  dealer's license is $10 per location. The fee for a duplicate pesticide
				  dealer's license is $3.
(1) The annual fee
				  for a pesticide dealer manager's certificate is $15 per individual.
(2) The fee for a duplicate pesticide dealer
				  manager's certificate is $3.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128 - PESTICIDES › Subchapter B - LICENSES, CERTIFICATES AND PERMITS › PESTICIDE DEALERS › Section 128.10 - Licensing requirements for pesticide dealer

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person may not purchase or attempt to
					 purchase a restricted use pesticide for resale or distribution unless the
					 person has a current and valid pesticide dealer license.
(b) Each pesticide dealer shall, at all
					 times, employ at least one individual who possesses a valid pesticide dealer
					 manager certificate.
(1) A licensed pesticide
					 dealer shall notify the Department in writing within 15 days of a change in its
					 license information including the employment status of its pesticide dealer
					 manager certificate holder.
(2) A
					 licensed pesticide dealer shall return to the Department within 15 days the
					 voided pesticide dealer manager's certificate of an employee that is no longer
					 employed by the pesticide dealer. If the pesticide dealer manager's certificate
					 issued by the Department is not available, the pesticide dealer shall notify
					 the Department in writing within 15 days of the employee's termination and
					 provide an explanation of why the certificate is unavailable and the last known
					 home address for the individual.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128 - PESTICIDES › Subchapter B - LICENSES, CERTIFICATES AND PERMITS › PESTICIDE DEALERS › Section 128.11 - Recordkeeping

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A pesticide
					 dealer shall keep for each distribution of a restricted use pesticide a record
					 containing the following information:
(1) The
					 name and address of the customer and his applicator's certificate number or
					 business or dealer's license number.
(2) The brand name of the restricted use
					 pesticide.
(3) The EPA registration
					 number of the restricted use pesticide.
(4) The amount of the restricted use
					 pesticide.
(5) The date of the
					 distribution.
(6) Signature and
					 identification information of the individual accepting
					 delivery.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128 - PESTICIDES › Subchapter B - LICENSES, CERTIFICATES AND PERMITS › PESTICIDE DEALERS › Section 128.12 - Issuance of a pesticide dealer manager certificate

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department will issue a pesticide
					 dealer manager certificate to an applicant 18 years of age or older, upon
					 verification of passing a written competency examination and payment of the
					 appropriate fee. Renewal of the dealer manager certificate will be based on
					 receipt by the Department of an application accompanied by the appropriate
					 fee.
(b) If a pesticide dealer
					 manager fails to renew the certificate for a period of 1 or more years, the
					 pesticide dealer manager shall reestablish eligibility as described in §
											128.13 (relating to determination
					 of competence).
(c) The certificate
					 for a pesticide dealer manager will expire on December 31st of each
					 year.
(d) For currently licensed
					 pesticide dealer locations, the requirements for employment of a pesticide
					 dealer manager certificate holder will become effective December 11, 2011.
					 Initial examination fee will be waived until December 11, 2011. The
					 requirements for a pesticide dealer manager certificate holder will be
					 immediately effective for pesticide dealer locations licensed on or after
					 December 11, 2010.
(e) The
					 pesticide dealer manager certificate is only valid when the certificate holder
					 is employed by the licensed pesticide dealer indicated on the certificate. A
					 new certificate will be issued without charge if the certificate holder is
					 subsequently employed by a different licensed pesticide dealer and has not lost
					 eligibility as set forth in subsections (b) and (c).
The provisions of this §
													128.12 issued under section 7(b)(2)
						  of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. §
														111.27(b)(2)).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128 - PESTICIDES › Subchapter B - LICENSES, CERTIFICATES AND PERMITS › PESTICIDE DEALERS › Section 128.13 - Determination of competence

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At
					 least one individual at each pesticide dealer location shall show competence in
					 the storage and distribution requirements for restricted use pesticides.
					 Competence will be determined on the basis of a written examination. The
					 examination will include the following:
(1)
					 Safety.
(2) Labeling and label
					 comprehension.
(3) Storage and
					 security.
(4) Spill
					 control.
(5)
					 Transportation.
(6) Pesticide
					 disposal.
(7) Recognition of
					 pesticide poisoning symptoms and first aid.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128 - PESTICIDES › Subchapter B - LICENSES, CERTIFICATES AND PERMITS › PEST MANAGEMENT CONSULTANTS › Section 128.21 - Determination of competence

Current through Register Vol. 54, No. 28, July 13, 2024
A pest management consultant shall prove his competence
						by passing a written proctored examination.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128 - PESTICIDES › Subchapter B - LICENSES, CERTIFICATES AND PERMITS › PEST MANAGEMENT CONSULTANTS › Section 128.22 - Licensing

Current through Register Vol. 54, No. 28, July 13, 2024
Upon passing a written examination and the payment of the
						annual fee, the Department will issue a pest management consultant's
						license.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128 - PESTICIDES › Subchapter B - LICENSES, CERTIFICATES AND PERMITS › PEST MANAGEMENT CONSULTANTS › Section 128.23 - Categories of pest management consultant

Current through Register Vol. 54, No. 28, July 13, 2024
The specialty categories for a pest management consultant
						will conform with the categories of commercial and public applicators
						established under §
											128.42 (relating to categories of
						commercial and public applicators).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128 - PESTICIDES › Subchapter B - LICENSES, CERTIFICATES AND PERMITS › PEST MANAGEMENT CONSULTANTS › Section 128.24 - Recordkeeping

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A pest
					 management consultant shall keep for each instance in which he provides
					 technical advice, supervision or aid or makes a recommendation to the user of a
					 restricted use pesticide, the following information:
(1) The name and address of the person for
					 whom this service was provided.
(2)
					 The brand name of the pesticides recommended to be used.
(3) The amount of the pesticides recommended
					 to be used.
(4) The dosage or rate
					 of the pesticides recommended to be used.
(5) The date on which this service was
					 provided.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128 - PESTICIDES › Subchapter B - LICENSES, CERTIFICATES AND PERMITS › PESTICIDE APPLICATION BUSINESSES › Section 128.31 - Licensing requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 pesticide application business may not be operated without first obtaining a
					 pesticide application business license.
(b) The license period shall end on December
					 31 each year, except that the Department may issue a license for the following
					 year when an initial license application is filed during the last 2 months of a
					 licensing year.
(c) A pesticide
					 application business shall prominently display on every vehicle involved in the
					 pesticide application phase of its business the license number assigned by the
					 Department. The number must be in figures at least 3 inches high and be located
					 on both sides of the vehicle at a readily visible location in a contrasting
					 color.
(d) A licensed business
					 shall notify the Department in writing within 15 days of a change in
					 information in its application for licensing, or if it is no longer engaged in
					 the application of pesticides.
(1) A licensed
					 pesticide application business shall return to the Department within 15 days
					 the voided applicator certification or register technician card of an employee
					 that is no longer employed by the pesticide application business.
(2) If the certification or registered
					 technician card issued by the Department is not available, the pesticide
					 application business shall notify the Department in writing within 15 days of
					 the employee termination and provide an explanation of why the card is
					 unavailable and the last known home address for the individual.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128 - PESTICIDES › Subchapter B - LICENSES, CERTIFICATES AND PERMITS › PESTICIDE APPLICATION BUSINESSES › Section 128.32 - Categories of business licenses

Current through Register Vol. 54, No. 28, July 13, 2024
A commercial or public business shall identify in its
						application those business categories in which it desires to operate. A
						business shall employ for each business category in which it makes a pesticide
						application at least one applicator who is certified in a specific applicator
						category recognized under the general business category and shall limit its
						applications to those applicator categories in which it employs at least one
						certified applicator. The business categories are listed in paragraphs
						(1)-(10). The applicator categories recognized under a particular business
						category are listed under that business category.
(1)
Category (A)
-Agricultural Plant Pest Control.
01 Agronomic Crops
02 Fruits and Nuts
03 Vegetable Crops
05 Forest Pest Control
08 Seed Treatment
(2)
Category (B)
-Agricultural Animal Pest Control.
04 Agricultural Animals
(3)
Category (C)
-Ornamental
					 and Turf Pest Control.
06 Ornamental and Shade Trees
07 Lawn and Turf
22 Interior Plantscape
(4)
Category (D)
-Aquatic
					 Pest Control.
09 Aquatic Pest Control
24 Swimming Pools
26 Sewer Root Control
(5)
Category (E)
-Right-of-Way Pest Control.
10 Right-of-Way and Weeds
(6)
Category (F)
-Industrial, Institutional, Structural and Health Related.
11 Household and Health Related
12 Wood Destroying Pests
14 (Reserved)
15 Public Health Vertebrate Pest Control
16 Public Health Invertebrate Pest Control
19 Wood Preservation
23 Park or school Pest Control
(7)
Category (G)
-Fumigation.
13 Structural Fumigation
20 Commodity and Space Fumigation
21 Soil Fumigation
(8)
Category (H)
-Demonstration and Research.
18 Demonstration and Research Pest Control
(9)
Category (I)
-Regulatory.
17 Regulatory Pest Control
(10)
Category (J)
-Aerial
					 Applicator.
25 Aerial Applicator
The provisions of this §
													128.32 amended under section
						  7(b)(2) of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. §
														111.27(b)(2)).
This section cited in 7 Pa. Code §
													128.85a (relating to ornamental or
						  turf application notification).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128 - PESTICIDES › Subchapter B - LICENSES, CERTIFICATES AND PERMITS › PESTICIDE APPLICATION BUSINESSES › Section 128.33 - Assignment of work

Current through Register Vol. 54, No. 28, July 13, 2024
A pesticide application business may not allow an
						individual to make a pesticide application in an applicator category in which
						the individual has not been certified as an applicator or trained and
						registered as a technician.
The provisions of this §
													128.33 amended under section
						  7(b)(2) of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. §
														111.27(b)(2)).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128 - PESTICIDES › Subchapter B - LICENSES, CERTIFICATES AND PERMITS › PESTICIDE APPLICATION BUSINESSES › Section 128.34 - Financial responsibility

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 The Department will consider a certificate of insurance from an insurer or
					 surety to be evidence of financial responsibility if the insurer or surety is
					 licensed to do business under section 1605 of the Insurance Company Law of 1921
					 (40
					 P. S. §
												991.1605), or otherwise
					 permitted by Federal law or the Insurance Department to do business in this
					 Commonwealth, if the following conditions are met:
(1) The certificate of insurance includes the
					 name of the insurance company, policy number, insurance amount, type of
					 coverage afforded and exclusions relating to damage arising from the use of
					 pesticides and expiration date of the policy.
(2) The minimum comprehensive general
					 liability insurance provided is $100,000 for each occurrence of bodily injury
					 liability and $100,000 for each occurrence of property damage liability. A
					 policy may be written with combined limits if the limits equal or exceed the
					 sum of the individual limits.
(3)
					 The certificate indicates coverage for completed operations and includes a
					 statement indicating that the coverage applies to pesticide
					 application.
(4) The maximum
					 deductible amount does not exceed $2,500 of the combined policy limits. If a
					 pesticide application business has not satisfied the deductible amount in a
					 prior claim, the policy may not contain a deductible amount.
(5) A current certificate of insurance is
					 forwarded to the Department at each insurance renewal date which sets forth the
					 same information specified in paragraphs (1)-(4).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128 - PESTICIDES › Subchapter B - LICENSES, CERTIFICATES AND PERMITS › PESTICIDE APPLICATION BUSINESSES › Section 128.35 - Recordkeeping

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A pesticide
					 application business shall keep for every application of a pesticide a record
					 containing the following information:
(1) The
					 date of application. For a pesticide requiring a reentry time, the date of
					 application must include the hour completed. For continuous applications, such
					 as swimming pools and chemigation, the record must include start and finish
					 dates and the total amount of pesticide products used during that time period.
					 For each addition of a pesticide to the system, an entry to the record is
					 required.
(2) The name and address
					 of the customer and the address and location of the application site if
					 different from the address of the customer.
(3) The brand name of the pesticides
					 used.
(4) The EPA product
					 registration number.
(5) The total
					 amount of every pesticide used in pounds, ounces, gallons, liters, applied to a
					 treated area.
(6) The dosage or
					 rate of application, of every pesticide used.
(7) The names and the certification or
					 technician's registration number of each person making or supervising the
					 application. When applicable the names of noncertified/nonregistered persons
					 involved in the application.
(8)
					 The identification of the application site, including the specific field or
					 land area and the crop and size of the area treated for pesticides used in the
					 production of an agricultural commodity.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128 - PESTICIDES › Subchapter B - LICENSES, CERTIFICATES AND PERMITS › COMMERCIAL AND PUBLIC APPLICATORS › Section 128.41 - Requirements for certification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person is deemed to be a commercial or
					 public applicator and required to be certified if one or more of the following
					 criteria are met:
(1) A person who applies or
					 supervises the application of a pesticide on an easement or on the property or
					 premises of another (other than his employer). This includes the use of a
					 pesticide exempted from Federal registration under §
												128.91 (relating to EPA approval
					 required).
(2) A person who applies
					 or supervises the use of a restricted use pesticide on property owned by him or
					 his employer when not applied for the purpose of producing an agricultural
					 product.
(3) A person who applies
					 or supervises the application of a pesticide to the following locations or who
					 is involved in the following types of application:
(i)
Fumigation
-Includes a
					 person who uses fumigants except a person who meets the definition of a private
					 applicator.
(ii)
Golf
					 courses
-Includes a person who uses pesticides in the establishment and
					 maintenance of a golf course.
(iii)
Public and private parks
-Includes a person who uses a
					 pesticide in a recreational or campground area of a public or private
					 park.
(iv)
Educational and
					 research institutions
-Includes a person employed by a public or
					 private educational and research facility that uses pesticides in its
					 educational or research programs.
(v)
Playgrounds and athletic
					 fields
-Includes a person who applies a pesticide to a public
					 playground or an athletic field.
(vi)
Apartment dwellings
-Includes an owner of an apartment building or an employee of an owner who
					 applies a pesticide other than a disinfectant to an apartment structure of four
					 or more units. Commercial certification is not required if the owner or
					 employee resides in the apartment structure and applies general use pesticides
					 to the unit in which he resides.
(vii)
Schools
-Includes a
					 person who uses a pesticide on school property, except for the use of
					 disinfectants and sanitizers within the school building.
(viii)
Swimming pools
-Includes a person who uses a pesticide in the care and maintenance of swimming
					 pools or water recreation facilities associated with a public or private park,
					 excluding lakes, ponds, rivers or streams.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128 - PESTICIDES › Subchapter B - LICENSES, CERTIFICATES AND PERMITS › COMMERCIAL AND PUBLIC APPLICATORS › Section 128.43 - Determination of competence

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 For each of the categories listed in §
											128.42 (relating to categories of
					 commercial and public applicators), competence in the use and handling of
					 pesticides shall be determined on the basis of a written examination. The
					 examination will include the following:
(1)
					 Areas of knowledge and competence set forth in section 16.1 of the act
					 (3 P.
					 S. §
													111.36a).
(i) Identification of pests to be controlled
					 and the damages caused by pests.
(ii) The appropriate control measures to be
					 used, including pesticides.
(iii)
					 The hazards that may be involved in applying pesticides, to protect people and
					 the environment.
(iv) The proper
					 use of pesticide application equipment, including calibration and dosage
					 calculations.
(v) Protective
					 clothing and respiratory equipment required during application and handling of
					 pesticides.
(vi) General
					 precautions to be followed in cleaning and maintaining equipment
					 used.
(vii) Transportation,
					 storage, security and disposal of pesticides.
(viii) Applicable Federal and State pesticide
					 laws and regulations.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128 - PESTICIDES › Subchapter B - LICENSES, CERTIFICATES AND PERMITS › COMMERCIAL AND PUBLIC APPLICATORS › Section 128.44 - Eligibility

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person is
					 eligible for certification upon reaching 18 years of age and fulfilling the
					 requirements under §
											§
											128.41-128.43 (relating to requirements
					 for certification; categories of commercial and public applicators; and
					 determination of competence). In addition to the requirements for a commercial
					 applicator's certification, an aerial applicator shall have a current
					 commercial agricultural aircraft operator's certificate issued by the Federal
					 Aviation Administration or show evidence of compliance with 14 CFR Part 137
					 (relating to agricultural aircraft operations).
(b) Within 12 months of becoming eligible to
					 be certified as a commercial applicator, a person shall file with the
					 Department an application for certification. A person who fails to file an
					 application within this 12-month period will lose certification eligibility and
					 shall again establish eligibility in accordance with §
											§
											128.41-128.43. An application for initial
					 certification will be accepted from an eligible person throughout the year. A
					 certificate will expire on September 30 following the date of application,
					 except that the Department may issue a certificate for an additional year when
					 an application is initially filed during the last 2 months of the certification
					 year.
(c) Once a certification has
					 expired, no further use of pesticides as allowed by the certification will be
					 permitted. Eligibility for certification shall remain under subsection
					 (b).
(d) If a person allows his
					 certification to expire in the triennial year in which recertification credits
					 are due, recertification shall require completion of delinquent recertification
					 credits as described in §
											128.45 (relating to
					 recertification) and satisfaction of the requirements for eligibility of
					 subsection (b).
(e) If a person
					 fails to complete delinquent recertification credits within 1 year from the
					 triennial certification expiration date or fails to renew the certification for
					 any reason during that time period, the person is required to reestablish
					 eligibility by meeting the requirements in §
											128.3 (relating to fees), §
											128.43 and this section.
The provisions of this §
													128.44 amended under section
						  7(b)(2) of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. §
														111.27(b)(2)).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128 - PESTICIDES › Subchapter B - LICENSES, CERTIFICATES AND PERMITS › COMMERCIAL AND PUBLIC APPLICATORS › Section 128.45 - Recertification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At intervals of
					 3 years, a certified commercial or public applicator shall provide evidence of
					 having received current update training in technology relating to pesticides in
					 the specific categories in which the applicator is certified to maintain
					 certification. Training will be divided into core and category specific areas
					 as follows:
(1)
Core.
(i) Safety and health.
(ii) Labeling and label
					 comprehension.
(iii) Environmental
					 protection.
(iv) Equipment use,
					 calibration and dosage calculations.
(v) Protective clothing and respirator
					 equipment.
(vi) Cleaning and
					 maintaining equipment.
(vii)
					 Transportation, storage, security and disposal.
(viii) Applicable State and Federal
					 laws.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128 - PESTICIDES › Subchapter B - LICENSES, CERTIFICATES AND PERMITS › PESTICIDE APPLICATION TECHNICIANS › Section 128.51 - Training program

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A pesticide
					 application technician shall obtain instruction in, and possess adequate
					 knowledge of, the proper use and handling of pesticides. The training program
					 must include:
(1) Those areas of knowledge
					 described in section 16.2 of the act (3 P. S. §
													111.36b).
(i) Identification of pests relative to job
					 responsibility.
(ii) The proper use
					 of pesticides and use of application equipment, including calibration and
					 maintenance equipment used on the job.
(iii) Protective clothing and respiratory
					 equipment required during the application and handling of pesticides.
(iv) Transportation and disposal of
					 pesticides used in and around the workplace.
(v) Applicable State and Federal regulations
					 as they affect the work assignments.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128 - PESTICIDES › Subchapter B - LICENSES, CERTIFICATES AND PERMITS › PESTICIDE APPLICATION TECHNICIANS › Section 128.52 - Registration

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A business
					 shall submit to the Department a list of persons it intends to register as
					 technicians. The postmarked date or date of receipt will indicate the beginning
					 of a training period to consist of at least 30 calendar days of
					 training.
(b) At the completion of
					 training, the business shall file with the Department an application to
					 register the technician. The application shall be signed by the certified
					 applicator responsible for administering the training program and the
					 technician verifying satisfactory completion of the training program. The
					 annual registration fee shall be submitted with the application.
(c) A registration expires on February 28
					 each year.
(d) An application for a
					 new registration will be accepted throughout the calendar year. A full year's
					 registration fee will be required for a portion of a year, except that the
					 Department may issue a registration for an additional year when an application
					 is initially filed during the last 2 months of the registration year.
(e) A pesticide application business shall
					 register a technician annually with the Department and shall submit evidence of
					 training, as required by the Department, in addition to the registration
					 fee.
(f) A technician's
					 registration may not be transferred from one business to another.
(g) A technician must be 16 years of age or
					 older at the time of application for registration.
The provisions of this §
													128.52 amended under section
						  7(b)(2) of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. §
														111.27(b)(2)).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128 - PESTICIDES › Subchapter B - LICENSES, CERTIFICATES AND PERMITS › PESTICIDE APPLICATION TECHNICIANS › Section 128.53 - Recordkeeping

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A pesticide
					 application business employing a technician shall keep records of training
					 provided to meet the requirements of §
											128.51 (relating to training
					 program).
(b) The pesticide
					 application business shall keep as part of its records proof of personal
					 identification for all technicians by retaining copies of a photo
					 identification document issued by an agency of the United States Government or
					 affiliated jurisdiction (that is, state or territory), such as a driver's
					 license, valid passport, military identification card or an immigration card;
					 or at least two nonphoto identification documents one of which must be a United
					 States Government issued document bearing the person's signature, such as a
					 Social Security card. The other nonphoto identification documents must identify
					 the holder by name and address. All copies of identification documents must be
					 secured in a manner to prevent identity theft or unauthorized access.
(c) A record required to be kept under this
					 section shall be maintained for at least 3 years and completed in written or
					 printable form no later than 24 hours after the training and shall be made
					 immediately available to the Department upon request.
The provisions of this §
													128.53 amended under section
						  7(b)(2) of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. §
														111.27(b)(2)).
This section cited in 7 Pa. Code §
													130d.4 (relating to retained
						  recordkeeping).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V - Bureau of Plant Industry › Chapter 128 - PESTICIDES › Subchapter B - LICENSES, CERTIFICATES AND PERMITS › PRIVATE APPLICATORS › Section 128.61 - Determination of competence

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Competency in the use and handling of restricted use pesticides by a private
					 applicator will be determined on the basis of a proctored written examination.
					 The examination will include the following:
(1) Areas of knowledge described in section
					 17.2 of the act (3 P. S. §
													111.37b).
(i) Labeling and label
					 comprehension.
(ii) Safety and
					 health.
(iii) Environmental
					 protection.
(iv) Pests.
(v) Pesticides.
(vi) Integrated pest management.
(vii) Equipment.
(viii) Application techniques and
					 technology.
(ix) Laws and
					 regulations.