West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12A - Certified Pesticide Applicator Rules › Section 61-12A-4 - Categorization of Commercial Applicators

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Commercial pesticide applicators who are
				required to be certified applicators are classified in the categories and
				subcategories set forth in this section. Public employees required to be
				certified applicators in the categories and subcategories listed in this
				section are categorized as commercial applicators with respect to the
				application of RUPs.
4.2.
				Commercial Applicator Categories
4.2.a.
				Agricultural Plant Pest Control. This category includes commercial applicators
				using or supervising the use of RUPs in the production of agricultural crops,
				including but not limited to tobacco, peanuts, cotton, feed grains, soybeans,
				and forage; vegetables; small fruits; and tree fruits and nuts; as well as on
				grasslands and non-crop agricultural lands.
4.2.b. Agricultural Animal Pest Control. This
				category includes commercial applicators using or supervising the use of RUPs
				on animals, including but not limited to beef cattle, dairy cattle, swine,
				sheep, horses, goats, poultry, and livestock, and to places on or in which
				animals are confined. Certification in this category alone is not sufficient to
				authorize the purchase, use, or supervision of use of products for predator
				control listed in subdivision 4.2.m of this rule.
4.2.c. Forest Pest Control. This category
				includes commercial applicators using or supervising the use of RUPs in
				forests, forest nurseries and forest seed producing areas.
4.2.d. Ornamental and Turf. This category
				includes commercial applicators using or supervising the use of RUPs to control
				pests in the maintenance and production of ornamental trees, shrubs, flowers,
				and turf.
4.2.e. Seed Treatment.
				This category includes commercial applicators using or supervising the use of
				RUPs on seeds.
4.2.f. Aquatic Pest
				Control. This category includes commercial applicators using or supervising the
				use of any RUP purposefully applied to standing or running water and excludes
				public health applicators as defined in sub-division 4.2.i of this
				rule.
4.2.g.
				Right-of-Way/Industrial Weed Control. This category includes commercial
				applicators using or supervising the use of RUPs in the maintenance of public
				roads, electric power lines, pipelines, railway rights-of-way, fence lines,
				structural perimeters, or other similar areas.
4.2.h. Industrial, Institutional, Structural
				and Health Related Pest Control. Commercial applicators in this category are
				subcategorized as follows:
4.2.h.A. General.
				This subcategory includes commercial applicators using or supervising the use
				of RUPs in and around residential, commercial, institutional, or industrial
				facilities, including food preparation areas such as kitchens, cafeterias, or
				snack shops. When requested, persons certified in this subcategory may perform
				incidental treatment to indoor plants in small areas not to exceed 10 square
				feet.
4.2.h.B. Structural. This
				subcategory includes commercial applicators using or supervising the use of
				RUPs to control wood destroying pests in structures.
4.2.h.C. General Fumigation. This subcategory
				includes commercial applicators using or supervising the use of RUPs, in
				gaseous form, within enclosed gas tight spaces such as tarps, tents,
				structures, vehicles or vessels, or for soil fumigation for a wide range of
				commodities and conditions.
4.2.h.D. Wood Preservation and Wood Product
				Treatment. This subcategory includes commercial applicators using or
				supervising the use of RUPs, at treating plants and sawmills, for preservative
				treatment of wood by pressure, dipping, soaking and diffusion processes to
				produce a commodity for sale and/or installation. This subcategory also
				includes the handling and topical application and injection of wood
				preservatives, for operations such as, groundline pole treatment,
				waterproofing, millwork cutoffs, or supplemental field treatment.
4.2.h.E. Urban Integrated Pest Management.
				This subcategory includes commercial applicators using or supervising the use
				of RUPs in integrated pest management programs in and around commercial,
				institutional, or industrial facilities, including food preparation areas such
				as kitchens, cafeterias, or snack shops.
4.2.i. Public Health. This category includes
				certified public applicators using or supervising the use of RUPs for federal,
				state, or other governmental units in public health programs for the management
				and control of pests having medical and public health importance.
4.2.j. Regulatory. This category includes
				commercial applicators using or supervising the use of RUPs for federal, state,
				or other governmental units in the control of regulated pests. Certification in
				this category does not authorize the purchase, use, or supervision of use of
				products for predator control listed in subdivision 4.2.m of this
				rule.
4.2.k. Demonstration and
				Research. This category includes commercial applicators who demonstrate to the
				public the proper use and techniques of application of RUPs or supervise the
				demonstrations. Examples of such persons are extension specialists and county
				agents, commercial representatives demonstrating pesticide products, and
				individuals demonstrating methods used in public programs. Also included in
				this category are commercial applicators conducting field research who use or
				supervise the use of RUPs. Examples of such persons are state, federal, and
				others conducting field research utilizing RUPs.
4.2.l. Pesticide Storage and Distribution
				(Excluding application). This category includes those persons who store,
				display, and distribute RUPs in the operation of a business selling or
				distributing pesticides. Certification in this category does not permit the
				application of pesticides for hire.
4.2.m. Predator Control. This category
				applies to United States Department of Agriculture, Animal and Plant Health
				Inspection Service, Wildlife Services certified public applicators who use
				sodium cyanide in a mechanical ejection device to control regulated predators
				or who use sodium fluoroacetate in a protective collar to control regulated
				predators.
4.2.n. Aerial Pest
				Control. This category applies to commercial applicators who use or supervise
				the use of RUPs applied by fixed or rotary wing aircraft. In addition to
				demonstrating a knowledge of the specific standards for the applicable
				categories or subcategories in subdivisions 6.3.a through 6.3.k of this rule,
				persons desiring to apply pesticides by aircraft shall hold a valid
				Agricultural Applicator Certification from the Federal Aviation
				Administration.
4.2.o. Sewer root
				control. This category includes commercial applicators using or supervising the
				use of metam sodium to control roots in sewer lines.