HAR §4-66-56. Certification of applicators

(a) No person shall apply restricted use pesticides unless certified in the category appropriate to the application or under the direct supervision of a certified applicator certified in the appropriate category. An applicator applying restricted use pesticides shall be certified as: (1) A commercial pesticide applicator; or (2) A private pesticide applicator. (b) Commercial pesticide applicators shall be further divided into categories and subcategories based on general patterns of use and sites where specific knowledge related to the use pattern or site is required to demonstrate competency. A person may be certified in as many categories or subcategories as necessary. The commercial pesticide applicator categories and subcategories are as follows: (1) Category 1, agricultural pest control, which includes the following subcategories: 66-43 §4-66-56 (A) Crop pest control. For persons using or supervising the use of restricted use pesticides in production of agricultural commodities, including but not limited to grains, seeds, soybeans, feed and forage crops, vegetables, fruits, trees and nuts, as well as non-crop agricultural lands; (B) Animal pest control. For persons using or supervising the use of restricted use pesticides to control pests on animals including, but not limited to, beef and dairy cattle, swine, sheep, horses, goats, and poultry, and to places on or in which animals are confined; and doctors of veterinary medicine engaged in the business of application for hire, publicly holding themselves out as pesticide applicators or engaged in large scale use of pesticides; (C) Soil and non-soil fumigant pest control. For persons using or supervising the use of restricted use pesticides to fumigate soil and to fumigate anything other than soil; (2) Category 2, forest pest control. For persons using or supervising the use of restricted use pesticides in forests, forest nurseries, and forest seed production; (3) Category 3, ornamental and turf pest control. For persons using or supervising the use of restricted use pesticides to control pests in the maintenance and production of ornamental plants, trees, shrubs, flowers and turf; (4) Category 4, aerial pest control. For persons using or supervising the use of restricted use pesticides by aerial application; (5) Category 5, aq~ati~ pest control. For persons using or supervising the use of restricted use pesticides purposefully applied to standing or running water, excluding applicators engaged in public health related activities included in sections 4-66-56(8) and 4-66-56(9); (6) Category 6, right-of-way pest control. For 66-44 §4-66-56 persons using or supervising the use of restricted use pesticides in the maintenance of roadsides, powerlines, pipelines, and railway rights-of-way, and similar areas, but excluding aquatic rights-of-way; (7) Category 7, industrial, institutional, and structural pest control, which includes the following subcategories: (A) Fumigation pest control. For persons using or supervising the use of fumigant restricted use pesticides to control termites and other pests in or around food handling establishments, human dwellings, institutions such as schools and hospitals, industrial sites such as warehouses, grain elevators, and any other structures and adjacent area, public or private, and for the protection of stored, processed or manufactured products. The corresponding branch of pest control established pursuant to section 460J-12, Hawaii Revised Statutes, is Branch 1, Fumigation; (B) Termite pest control. For persons using or supervising the use of restricted use pesticides other than by fumigation to control subterranean and drywood termites in or around human dwellings, institutions such as schools and hospitals, hotels, industrial sites, and any other structures and adjacent area, public or private. The corresponding branch of pest control established pursuant to section 460J-12, Hawaii Revised Statutes, is Branch 3, Termite; (C) General pest control. For persons using or supervising the use of restricted use pesticides to control pests, in or around food establishments, human dwellings, institutions such as schools, hospitals, industrial sites such as warehouses, and any other structures and adjacent area, public or private; and for the protection of stored, processed or manufactured 66-45 §4-66-56 products, excluding those applicators certified in category 3, ornamental and turf pest control, and subcategories 7(A) and 7(B). The corresponding branch of pest control established pursuant to section 460J-12, Hawaii Revised Statutes, is Branch 2, General Pest; (D) Institutional pest control. For persons using or supervising the use of restricted use pesticides exclusive of fumigants to control pests at institutions (e.g., schools, hotels, hospitals, warehouses, industrial sites), or establishments (e.g., grain elevators, restaurants, bakeries, fast food outlets) where they are employed; (E) Vault fumigation pest control. For persons using or supervising the use of restricted use pesticides to fumigate vaults or chambers, to control pests in agricultural commodities or structural materials, and including stored, processed or manufactured products, exclusive of those individuals licensed as pest control operators and certified in category 7(A), 7(B), or 7(C); (F) Specialty categories. For persons using or supervising the use of restricted use pesticides where the scope of application is typically limited to a single active ingredient, a single site, a single facility or a single application method, such as using restricted use pesticides for controlling roots in sewer lines, prevention of pests on marine surfaces through the use of restricted use coatings, controlling wood pests through the use of pressure or submergence treatment, and persons who use chlorine gas; (8) Category 8, public health pest control. For federal, state or other governmental employees and contractors using or supervising the use of restricted use pesticides in public health 66-46 §4-66-56 programs for the management and control of pests having medical and public health importance; (9) Category 9, regulatory pest control. For state, federal, or other government employees and contractors using or supervising the use of restricted use pesticides in the control of regulated pests prescribed under the Hawaii Plant Quarantine Law, chapter 150A, Hawaii Revised Statutes, and the Federal Plant Protection Act, title 7, chapter 104, sections 7701-7786, United States Code (2017); (10) Category 10, demonstration, research and instructional pest control. For persons who demonstrate to the public the proper use and techniques of application of restricted use pesticides or supervise such demonstration, and persons conducting field research with pesticides, and in doing so, use or supervise the use of restricted use pesticides; and (11) Category 11, chemigation pest control. For persons using or supervising the use of restricted use pesticides applied through an irrigation system. Certification in this category requires concurrent certification in category l(A), 2, 3, or 10. (c) Private pesticide applicators shall be further divided into categories based on general patterns of use and sites where specific knowledge related to the use pattern or site is required to demonstrate competency. A person may be certified in as many categories as necessary. The categories are as follows: (1) Category 1, general agricultural pest control. For private applicators using or supervising the use of restricted use pesticides in the production of agricultural commodities; (2) Category 2~ agricultural pest control with fumigants. For private applicators using or supervising the use of restricted use pesticides for soil fumigation in the production of an agricultural commodity and the application of restricted use pesticides for fumigation of agricultural products. Certification in this category requires 66-47 §4-66-56 concurrent certification in category 1, general agricultural pest control; and (3) Category 3, chemigation. For persons conducting agricultural pest control, with pesticides applied through irrigation systems. Certification in this category requires concurrent certification in category 1, general agricultural pest control. [Eff 7/13/81; am and comp 12/16/06; am and comp AUG 2 3 ZOl9 ] (Auth: HRS §149A-33; 40 CFR §§171. 5, 171.101) (Imp: HRS §149A-33; 40 CFR §§171.5, 171.101) §4-66-57 General standards for certification of applicators. (a) Applicants for certification shall be at least eighteen years of age and shall possess a history of honesty, truthfulness, financial integrity and fair dealing. Such personal history shall be based on information obtained intra-departmentally, interdepartmentally, and/or through publicly available records; (b) Competence in the use and handling of restricted use pesticides shall be determined by receiving a passing score of seventy per cent or better on a written examination or any alternate methods employed by the department to determine applicator competency, or both. Examinations are based upon standards that meet or exceed those set forth in this section and section 4-66-58. The examination shall test knowledge applicable to the certification category or subcategory, or both, and to the pesticide or class of pesticides covered by the requested certification. (c) The department shall ensure that examinations meet the following standards: (1) Examinations shall be presented and answered in writing; (2) Examinations shall be proctored by an individual designated by the department; (3) At the time of examination, each person seeking certification shall present a valid, government-issued photo identification or other similarly reliable form of identification as proof of identity and age; 66-48 ( 4) (5) (6) ( 7) ( 8) (d) knowledge control. areas: §4-66-57 Each person seeking certification shall be given instruction on examination procedure before beginning the examination; Examinations shall be kept secure before, during, and after the examination period. No portion of the examination or associated reference materials may be copied or retained by any person other than persons authorized by the department; There shall be no verbal or non-verbal communication with anyone other than the proctor during the examination period; Only reference materials approved by the department may be used during the examination; and In addition to the written examination the department may employ additional methods for determining applicator competency. Applicants shall demonstrate practical of the principles and practices of pest The knowledge shall include the following (1) Label and labeling comprehension. Familiarity with pesticide labels and labeling; an understanding of label function, format and terminology; an understanding of instructions, warnings, symbols, and other common labeling requirements; an understanding that it is a violation of federal and State law to use any pesticide in a manner inconsistent with its labeling; an understanding of labeling requirements for supervising non-certified applicators working under the direct supervision of a certified applicator; an understanding of the meaning of product classification; and recognizing the difference between mandatory and advisory labeling language; (2) Safety measures. An understanding of the risks of acute toxicity, chronic toxicity, and long-term effects of pesticides; an understanding that risk is a function of exposure and pesticide toxicity; recognition of ways in which dermal, inhalation, and oral 66-49 §4-66-57 exposure may occur; knowledge of common types and causes of pesticide mishaps; precautions to prevent injury to applicators and other individuals in or near treated areas; the need for and proper use of personal protective equipment and clothing; symptoms of pesticide poisoning; first aid and other procedures to be followed in case of a pesticide mishap; proper identification, storage, transport, handling, mixing procedures, and disposal methods for pesticides and used pesticide containers; and precautions to be taken to prevent children from having access to pesticides and pesticide containers; (3) Environment. An understanding of the potential environmental consequences of the use and misuse of restricted use pesticides; an understanding of the influence of weather and other indoor and outdoor climatic conditions; the influence of types of terrain, soil, or other substrate; presence of fish, wildlife, and other non-target organisms; and, drainage patterns; (4) Pests. An understanding of the importance of correctly identifying target pests and selecting the proper pesticide product for effective pest control; and, verifying that the labeling does not prohibit the use of the product to control the target pest; (5) Pesticides. Knowledge of the characteristics of various pesticides, including the types of pesticides; types of formulations; compatibility, syrtergism, persistence, and animal and plant toxicity of the formulations; hazards and residues associated with use; factors that influence effectiveness or lead to problems such as pesticide resistance; and, dilution procedures; (6) Application equipment. Practical knowledge of type, maintenance, use, and calibration of pesticide application equipment and an understanding of advantages and limitations of each type of equipment. Additional knowledge of calibration shall be required of applicants 66-50 334 using or supervising the use of highly specialized equipment; §4-66-57 (7) Application methods. Practical knowledge and understanding of selecting the appropriate application method; an understanding of methods used to apply various forms and formulations of pesticides; knowledge of which application method to use in a given situation; how selection of application method and use of a pesticide may result in proper use, unnecessary or ineffective use, and misuse; a practical understanding of pesticide drift and runoff, and the resulting effect on non-target organisms, such as wildlife, apiaries, humans, human habitation, lakes, rivers, wetlands, coastal waters, surface waters and ground waters; and knowledge of techniques, formulations, and methods to prevent drift and pesticide loss into the environment; (8) Laws, rules, and regulations. Knowledge of all applicable federal and State laws, rules, and regulations; (9) Responsibilities of supervisors of non- certified applicators. Knowledge of the responsibilities of certified applicators supervising non-certified applicators using restricted use pesticides; understanding and complying with title 40, section 171.201, Code of Federal Regulations (2018); knowledge and understanding of the recordkeeping requirements of pesticide safety training for non-certified applicators who use restricted use pesticides under the direct supervision of a certified applicator; providing use-specific written instructions to non-certified applicators who use restricted use pesticides under the direct supervision of a certified applicator; and explaining pertinent federal and State laws, rules and regulations to non- certified applicators who use restricted use pesticides under the direct supervision of a certified applicator; and (10) Professionalism. Knowledge and understanding 66-51 §4-66-57 of the importance of maintaining chemical security for restricted use pesticides; how to effectively communicate information about pesticide exposures and risks; and, appropriate product stewardship for certified applicators. [Eff 7/13/81· am and comp 12/16/06; am and comp AUG 2 3 2019 ] (Auth: HRS §149A-33; 40 CFR §§171.5, 171.103) (Imp: HRS §149A-33; 40 CFR §§171.5, 171.103) §4-66-58 Specific standards for certification of applicators. In addition to satisfying the requirements of section 4-66-57, applicants for certification shall demonstrate through written examinations practical knowledge of the principles and practices of pest control and proper and effective use of restricted use pesticides for each particular category or subcategory of certification applied for, as follows: (a) Commercial applicators (1) Category 1, agricultural pest control, which includes the following subcategories: (A) Crop pest control applicators shall demonstrate practical knowledge of the crops, grasslands, and non-crop agricultural lands and the specific pests on those areas on which the applicator may be using restricted use pesticides. Applicators in this category shall demonstrate operational knowledge concerning soil and water problems, pre-harvest intervals, restricted entry intervals, phytotoxicity, potential for environmental contamination, non-target injury and other problems resulting from the use of restricted use pesticides in agricultural areas; (B) Animal pest control applicators shall demonstrate practical knowledge of such animals and the animals' associated pests. The 66-52 §4-66-58 required knowledge includes specific pesticide toxicity and residue potential, and the hazards associated with factors such as formulation, application techniques, age of animals, stress and extent of treatment; and (C) Soil and non-soil fumigant pest control applicators shall demonstrate practical knowledge of the pest problems and pest control practices associated with performing fumigation applications, including label and labeling comprehension, worker protection measures, restricted entry periods, recordkeeping requirements, and safety measures to minimize adverse health effects. Applicators shall also demonstrate an understanding of how applicators and bystanders can be exposed to fumigants, signs and symptoms of exposure to fumigants, first aid procedures, emergency preparedness, the ability to calculate buffer zones, air concentrations of fumigant, and preparation of site-specific fumigant management plans and post- application summaries. (2) Category 2, forest pest control applicators shall demonstrate practical knowledge of the types of forests, forest nurseries, seed production and pest involved. The required knowledge shall include the cyclic occurrence of certain ~ pests, population dynamics as a basis for programming pesticide applications, the relevant organisms causing harm and the organisms' vulnerability to the pesticides to be applied, how to determine when pesticide use is proper, selection of application method, proper use of application equipment to minimize 66-53 13 345 §4-66-58 non-target exposures, and appropriate responses to meteorological factors and adjacent land use. The applicator shall demonstrate an understanding of the potential for phytotoxicity due to a wide variety of plants to be protected, for drift, for persistence beyond the intended period of pest control, and for non-target exposures. Because forest stands frequently include watersheds, aquatic situations, and harbor wildlife, the applicator shall demonstrate knowledge of pest control methods that will minimize the possibility of secondary problems such as surface or ground water contamination and unintended effects on wildlife; (3) Category 3, ornamental and turf pest control applicators shall demonstrate practical knowledge of pesticide problems associated with the production and maintenance of ornamental trees, shrubs, flowers, groundcover, and turf, including knowledge of potential phytotoxicity due to the wide variety of plants to be protected, for drift, for persistence beyond the intended period of pest control, and for non-target exposures. Because of the frequent proximity of human habitations to application activities, applicators in this category shall also demonstrate practical knowledge of application methods that will minimize or prevent hazards to humans, pets, and other domestic animals; (4) Category 4, aerial pest control applicators shall demonstrate practical knowledge of pest problems and pest control practices associated with performing aerial application of restricted use pesticides. Applicators shall also demonstrate the ability to read and understand labeling requirements specific to aerial applications, how to 66-54 §4-66-58 choose, operate and maintain aerial application equipment, knowledge of factors to consider before and during aerial application such as weather conditions, wind velocity, and how to minimize drift, demonstrate competency in performing an aerial pesticide application, and knowledge of restricted use pesticide recordkeeping requirements; (5) Category 5, aquatic pest control applicators shall demonstrate practical knowledge of the characteristics of various aquatic use situations, and the potential for adverse effects on non- target plants, fish, birds, beneficial insects and other organisms in the immediate aquatic environment and downstream. Applicators shall also demonstrate the principles of limited area applications; (6) Category 6, right-of-way pest control applicators shall demonstrate practical knowledge of the types of environments (terrestrial and aquatic) traversed by rights-of-way, recognition of target pests, and techniques to minimize non- target exposure, runoff, drift, and excessive foliage destruction. Right-of- way pest control applicators shall also demonstrate knowledge of the potential for phytotoxicity due to a wide variety of plants and pests to be controlled, and for persistence beyond the intended period of pest control. Applicators doing right-of-way work shall demonstrate knowledge of application equipment, containment of the pesticide within the right-of-way area, and drift control methods and procedures; (7) Category 7, industrial, institutional, and structural pest control applicators shall demonstrate a practical knowledge of industrial, institutional, and structural pests, including recognizing 66-55 §4-66-58 those pests and signs of the pest's presence, habitats, life cycles, biology, and behavior as it may be relevant to problem identification and control. Applicators shall demonstrate practical knowledge of types of formulations appropriate for control of industrial, institutional and structural pests, and methods of application that avoid contamination of food, minimize damage to and contamination of areas treated, minimize acute and chronic exposure of people and pets, and minimize environmental impacts of outdoor application. Applicators in this category shall also demonstrate knowledge of the pesticide labeling of the products typically used in the applicator's operations, including hazards to the environment, emergency procedures, application methods, disposal, and pertinent laws, rules, and regulations; (8) Category 8, public health pest control applicators shall demonstrate practical knowledge of pests that are important vectors of disease, including recognizing the pests and signs of the pests' presence, habitats, life cycles, biology and behavior as it may be relevant to problem identification and control. The required knowledge also includes how to minimize damage to and contamination of areas treated, acute and chronic exposure of people and pets, and non-target exposures. Applicators shall demonstrate competency in nonchemical control methods such as sanitation, waste disposal, and drainage. Applicators shall also demonstrate knowledge of hazards to the environment, emergency procedures, application methods, disposal, and pertinent laws, rules, and regulations; (9) Category 9, regulatory pest control applicators shall demonstrate practical 66-56 §4-66-58 knowledge of regulated pests, applicable laws relating to quarantine and other regulation of regulated pests, and the potential impact on the environment of restricted use pesticides used in suppression and eradication programs. Applicators shall demonstrate knowledge of factors influencing introduction, spread, and population dynamics of regulated pests; (10) Category 10, demonstration, research, and instructional pest control applicators shall demonstrate practical knowledge of the potential problems, pests, and population levels reasonable expected to occur in a demonstration situation and the effects of restricted use pesticides on target and non-target organisms. Applicators shall also demonstrate competency in each pest control category applicable to the applicator's demonstration. For purposes of demonstrating proper use of a particular pesticide product, out-of-state technical representatives visiting or working in the State for thirty days or less per year need not be certified in this category if certified in an equivalent category by a jurisdiction authorized by the EPA to issue certifications. The out-of-state technical representative shall present his or her certification credentials to the head for an equivalency determination prior to applying any restricted use pesticides in the State; and (11) Category 11, chemigation pest control applicators shall demonstrate practical knowledge of labeling requirements specific to chemigation, how to choose, operate and maintain application equipment, the use of metering devices, strategies and equipment for backflow prevention, and procedures for irrigation 66-57 §4-66-58 system assessment for the distribution consistency of water, or chemicals, or both. (b) Private applicators (1) Category 1, general agricultural pest control applicators shall demonstrate practical knowledge of agricultural commodities grown in the State and the specific pests relevant to these commodities. Applicators in this category shall demonstrate practical knowledge of how to avoid contamination of ground and surface waters, demonstrate an understanding of preharvest intervals, restricted entry intervals, and entry restricted periods and areas. The applicator shall also demonstrate a practical understanding of phytotoxicity, specific pesticide toxicity, and residue potential when pesticides are applied to animal or animal product agricultural commodities, and the relative hazards associated with using pesticides on animals or places in which animals are confined based on formulation, application technique, age of animal, stress, and extent of treatment. General agricultural pest control applicators shall demonstrate a complete understanding of the Worker Protection Standard, part 170 of title 40, Code of Federal Regulations (2018); (2) Category 2, agricultural pest control fumigant applicators shall demonstrate practical knowledge of pest problems and pest control practices associated with soil and non-soil fumigant applications. Applicators in this category shall demonstrate knowledge of label and labeling comprehension, safety measures to minimize adverse health effects, characteristics of soil and non-soil fumigants, selecting appropriate application methods and timing, factors 66-58 §4-66-59 that influence fumigant activity, worker protection measures, personal protective equipment and how to use it properly, restricted entry periods, posting requirements, recordkeeping requirements, an understanding of how applicators and bystanders can be exposed to fumigants. Applicators shall also demonstrate knowledge of signs and symptoms of exposure to fumigants, first aid procedures, emergency preparedness, the ability to calculate buffer zones, air concentrations of fumigant, and preparation of site-specific fumigant management plans and post-application summaries; and (3) Category 3, agricultural chemigation pest control applicators shall demonstrate practical knowledge of labeling requirements specific to chemigation, how to choose, operate and maintain application equipment, the use of metering devices, strategies and equipment for backflow prevention, and procedures for irrigation system assessment for distribution consistency of water, or chemicals, or both. Applicators in this category shall also demonstrate a complete understanding of the Worker Protection Standard, title 40, part 170, Code of Federal Regulations (2018). (c) Any certified commercial pesticide applicator or certified private pesticide applicator who fails to cooperate with an inspection conducted by the department pursuant to section 149A-36, Hawaii Revised Statutes, may be denied issuance or renewal of certification, or may have certification suspended or revoked. [Eff 7/13/81; am and comp 12/16/06; am and comp AUG 2 3 2019 ] (Auth: HRS §149A-33; 40 CFR §§171.5, 171.103, 171.105) (Imp: HRS §149A-33; 40 CFR §§171.5, 171.103, 171.105)