250-RICR-40-15-2
250-RICR-40-15-2. Rules and Regulations Relating to Pesticides (version Periodic Refile, 12/31/2001 to 11/13/2006)
Pursuant to due publication and public hearing required by the provisions of
Chapter 42-35 of the Laws of the State of Rhode Island, the director has adopted
the following rules and regulations:
RULE A
RESTRICTED USE AND STATE LIMITED USE PESTICIDES
1.
Restricted Use Pesticides - Any Pesticide which is classified for
restricted use by EPA, as published in the Federal Register, is a
restricted use pesticide under the Rhode Island Pesticide Control
Act. A listing of such restricted uses shall be maintained with the
Division of Agriculture.
2.
State Limited Use Pesticides
a.
The registration of Products containing Chlordane shall be
classified for State Limited Use effective January 31, 1984.
The following conditions of sale & use shall be included in
the State Limited Use Registration:
1.
Products containing Chlordane shall not be distributed
in containers of less than one gallon.
2.
Products containing Chlordane shall not be distributed
by any person unless such person is licensed as a pesticide
dealer.
3.
Products containing Chlordane shall not be distributed
to, or used by any person unless such person is appropriately
certified or under the direct supervision of a certified
applicator.
4.
Certified Commercial Applicators shall maintain, for a
period of at least five (5) years from date of application,
records of applications of Chlordane for the control of
termites. Such records shall contain the following:
a.
Date of Application.
b.
Municipality in which application was made.
c.
Address of Application.
b.
The registration of products containing Alar (daminozide)
shall be classified for State Limited Use effective May 15,
1986.
RULE B RECORD KEEPING REQUIREMENTS
1.
Dealer Records - Any person issued a dealers license is required to
keep, for at least two full calendar years, true and accurate
records containing the following information:
a.
The delivery, movement, or holding of any restricted use or
state limited use pesticide, including the quantity;
b.
The date of shipment and receipt;
c.
The name of consignor and name and certification number of the
consignee.
2.
Every commercial applicator is required to keep, for two years from
the date of application, true and accurate records containing the
following information on his application of pesticides:
a.
The brand names or registered names of the pesticides;
b.
The formulation used and the quantity of that formulation used
per day by each applicator when less than one (1) gallon of
use dilution spray or one (1) pound of dusts, powders or
prepared rodenticide baits are used at any one location. When
more than these amounts are used at one location, complete
records for that location shall be kept;
c.
The purposes for which the pesticides were applied;
d.
The dates of application; and
e.
The places of application.
3.
Certified private applicators are required to keep, for a period of
at least two full calendar years, true and accurate records
containing the following information on their yearly use of each
restricted use and state limited use pesticide:
a.
The brand name or registered name of the pesticide;
b.
The EPA registration number of the pesticide;
c.
The amount of pesticide applied;
d.
The purpose for which the pesticide was applied.
4.
Records required by paragraphs 1-3 shall be made promptly available
to the Director, or his agent, upon a reasonable demand.
RULE C
CATEGORIES FOR COMMERCIAL APPLICATORS
1.
Every commercial applicator who uses or supervises the use of a
restricted use or state limited use pesticide in any of the
following categories and sub-categories must be certified for that
category and sub-category. The categories and sub-categories for
commercial applicators are:
Category 1. Agricultural Pest Control
a.
Plant - This category includes commercial applicators using or
supervising the use of restricted use or state limited use
pesticides in the production of agricultural crops, such as
feed grains, forage, vegetables, fruits & nuts, as well as on
grasslands and non-crop agricultural lands.
b.
Animal - This category includes applicators using or
supervising the use of restricted use or state limited use
pesticides on animals, such as beef cattle, dairy cattle,
swine, sheep, horses, goats, poultry, and livestock, and to
places on or in which animals are confined. Veterinarians and
physicians who only apply pesticides as drugs or medication
during the course of their normal practice need not become
certified (or licensed). This exclusion is not applicable to
physicians and veterinarians who apply pesticides for hire,
who publicly hold themselves out as pesticide applicators, or
who engage in large-scale use of pesticides in this category.
Category 2. Forest Pest Control
This category includes commercial applicators using or
supervising the use of restricted use or state limited use
pesticides in forests, forest nurseries, and forest seed
producing areas.
Category 3. Ornamental and Turf Pest Control
This category includes applicators using or supervising the
use of pesticides as stated in the sub-categories below:
a.
Shade Tree (Arborist)
Applicators using or supervising the use of pesticides
in the maintenance and production of ornamental trees.
b.
Custom Grounds
Applicators using or supervising the use of pesticides
in the maintenance and production of ornamental shrubs,
flowers and turf.
Category 4. Seed Treatment
This includes commercial applicators using or supervising the
use of restricted use or state limited use pesticides on
seeds.
Category 5. Aquatic Pest Control
This category includes commercial applicators using or
supervising the use of restricted use or state limited
use pesticides purposefully applied to standing or
running water, excluding applicators engaged in public
health related activities included in Category 8.
Category 6. Right-of-Way Pest Control
This category includes commercial applicators using or
supervising the use of restricted use or state limited use
pesticides in the maintenance of public roads,
electric powerlines, pipelines, railway rights-of-way
or other similar areas.
Category 7. Industrial, Structural and Health Related Pest
Control
This category includes applicators using or supervising
the use of pesticides as stated in the sub-categories
below:
a.
General Pest
Applicators who use or supervise the use of
pesticides for the control of general household
pests such as fleas, cockroaches, bedbugs, ants,
ticks, chiggers, mites, etc.
b.
Termite and Structural Pest
Applicators who use or supervise the use of
pesticides for control of termites, carpenter
ants, powder post beetles, dry rot and other wood
destroying organisms.
c.
Fumigation
Applicators who use or supervise the use of
pesticides that vaporize, or are in a gaseous
phase, and kill by action of a toxic gas in
houses, warehouses, box cars, etc.
d.
Vertebrate
Applicators who use or supervise the use of
pesticides for the control of rats, mice, bats, birds,
etc.
e.
Mosquitoes and Biting Flies
Applicators who use or supervise the use of
pesticides for the control of such biting or
stinging arthropods mosquitoes, black flies,
horseflies, yellow jackets, hornets, etc.
Category 8. Public Health Pest Control
This category includes State, Federal or other governmental
employees using or supervising the use of restricted use or
state limited use pesticides in public health programs for
the management and control of pests having medical and
public health importance.
Category 9. Regulatory Pest Control
This category includes State, Federal or other governmental
employees who use or supervise the use of restricted use or
state limited use pesticides in the control of regulated
pests.
Category 10. Demonstration and Research Pest Control
This category includes: (i) individuals who demonstrate the
proper use and techniques of application of restricted use
or state limited use pesticides or supervise such
demonstration, and (ii) persons conducting field research
with restricted use or state limited use pesticides, and, in
doing so, use or supervise the use of restricted use or
state limited use pesticides. Included in the first group
are such persons as extension specialists and county agents,
commercial representatives demonstrating pesticide products,
and those individuals demonstrating methods used in public
programs. The second group includes: State, Federal,
commercial and other persons conducting field research on or
utilizing pesticides.
2.
The Director may, after a public hearing, add additional
categories or sub-categories as needed for the certification
of commercial applicators.
RULE D
COMMERCIAL APPLICATOR CERTIFICATION PROCEDURE
3. On and after October 21, 1977, each person engaged in the
application of any "restricted use" or "state limited use
pesticide" as a commercial applicator shall possess a valid
commercial applicator certificate issued by the Director,
except that a person who is applying a restricted use or
state limited use pesticide under the direct supervision of
an appropriately certified commercial applicator shall not
be required to possess such a certificate.
4.
Application for certification shall be filed with the
department on forms supplied by the department, and shall
contain such information as the Director shall require.
5.
A fee of $45.00 shall be charged prior to the issuance of
the initial certification document and at the time of each
annual renewal or re-certification thereafter.
6.
A certification document shall be valid for a period
beginning with the actual date of issuance and ending on
January 31st, unless it has been revoked or suspended prior
thereto by the Director for cause; provided, that any
certification document issued prior to February 1, 1978,
shall be valid for a period beginning with the actual date
of issuance and ending on January 31, 1979, unless revoked
or suspended prior thereto by the Director.
7.
Competence in the use and handling of pesticides by
commercial applicators, who wish to become certified shall
be determined on the basis of written examinations, and, as
appropriate, performance testing,
based upon standards set
forth in Rules E and F. Such examination and testing shall
include the general standards applicable to all categories
and the additional standards specifically identified for
each category or sub-category in which an applicator is to
be classified under RULE C.
8.
A person shall not be determined certifiable in any category
or sub-category until such person passes the required
examinations as provided by paragraph (5) of this rule.
9.
The Director may deny certification or may suspend, revoke,
or otherwise modify a certificate once issued for reasons
including the following:
1.
That the applicant made a false or misleading statement
in the application for certification;
2.
that the applicant or certificate holder has violated
any provision of RIPCA or the regulations promulgated
thereunder;
3.
that the applicant or certificate holder does not have
in effect or fails to maintain in effect financial
responsibility in the amounts specified in RULE Q.
4.
that the applicant or certificate holder uses or
applies a pesticide, excluding pesticides for which an
EPA experimental use permit has been issued, which has
not been duly registered under the provisions of @23-
25-6.
RULE E
GENERAL STANDARDS FOR ALL CATEGORIES AND SUB-CATEGORIES OF
COMMERCIAL APPLICATORS
All commercial applicators must demonstrate practical knowledge
of the principles and practices of pest control and safe use of
pesticides. Testing shall be based on examples of problems and
situations appropriate to the particular category or sub-
category, if any, in which the applicant wishes to be certified
in the following areas:
1.
Label and Labeling Comprehension
a.
General format and terminology;
b Understanding of instruction, warnings, terms, symbols,
and other information commonly appearing on pesticide
labels;
5.
Classification of the products, general or restricted;
and
6.
Necessity for use consistent with the label, or as
Otherwise allowed by interpretations or regulations.
2.
Safety
7.
Pesticide toxicity and hazard to man and common
8.
exposure routes;
c.
Common types and causes of pesticide accidents;
Precautions necessary to guard against injury to
applicators and other individuals in or near treated
areas;
d.
Need for and use of protective clothing and equipment;
e.
Symptoms of Pesticide poisoning;
f. First aid and other procedures to be followed in case
of a pesticide accident; and
9.
Proper identification, storage, transport, handling,
mixing procedures and disposal methods for pesticides
and used pesticide containers, including precautions to
be taken to prevent children from having access to
pesticides and pesticide containers.
3.
Environment
The potential environmental consequences of the use and
misuse of pesticides as may be influenced by such factors
as:
a.
Weather and other climatic conditions;
b.
Types of terrain, soil or other substrate;
10.
Presence of fish, wildlife and other non-target
organisms; and
d.
Drainage patterns.
4.
Pests
11.
Common features of pest organisms and characteristics
of damage needed for pest recognition;
b.
Recognition of relevant pests; and
c. Pest development and biology as it may be relevant to
problem identification and control.
5.
Pesticides
a.
Types of pesticides;
b.
Types of formulations;
12.
Compatibility, synergism, persistence and animal and
plant toxicity of the formulations;
d.
Hazards and residues associated with use;
Factors which influence effectiveness or lead to such
problems as resistance to pesticides; and
f.
Dilution procedures.
6.
Equipment
13.
Types of equipment and advantages and limitations of
each type; and
b.
Uses, maintenance and calibration.
7.
Application Techniques
14.
Methods of procedures used to apply various
formulations of pesticides, solutions, and gases,
together with a knowledge of which technique of
application to use in a given situation;
15.
Relationship to discharge and placement of pesticides
to proper use, unnecessary use, and misuse; and
16.
Prevention of drift and pesticide loss into the
environment.
8.
Laws and Regulations
Applicable State and Federal Laws and Regulations.
RULE F
SPECIFIC STANDARDS OF COMPETENCY FOR EACH CATEGORY AND SUB-
CATEGORY OF COMMERCIAL APPLICATORS
Commercial applicators in each category shall be particularly
qualified with the respect to the specific standards elaborated.
1.
Agricultural Pest Control
17.
Plant - Applicators must demonstrate practical
knowledge of crops grown and the specific pests of
those crops on which they may be using restricted use
pesticides. The impact of such competency is amplified
by the extensive ares involved, the quantities of
pesticides needed, and the ultimate use of many
commodities as food and feed. Practical knowledge is
required concerning soil and water problems, pre-
harvest intervals, re-entry intervals, phytotoxicity,
and potential for environmental contamination, non-
target injury and community problems resulting from the
use of restricted use pesticides in agricultural areas.
18.
Animal - Applicators applying pesticides directly to
animals must demonstrate practical knowledge of such
animals and their associated pests. A practical
knowledge is also required concerning specific
pesticide toxicity residue potential, since host
animals will frequently be for food. Further, the
applicator must know the relative hazards associated
with such factors as formulation, application
techniques, age of animals, stress and extent of
treatment.
10. Forest Pest Control - Applicators shall demonstrate
practical knowledge of types of forests, forest nurseries,
and seed production in their state and the pests involved.
They should possess practical knowledge of the cyclic
occurrence of certain pests and specific population dynamics
as a basis for programming pesticide applications. A
practical knowledge is required of the relative biotic
agents and their vulnerability to the pesticides to be
applied. Because forest stands may be large and frequently
include natural aquatic habitats and harbor wildlife, the
consequences of pesticide use may be difficult to access.
The applicator must therefore demonstrate practical
knowledge of control methods which will minimize the
possibility of secondary problems such as unintended effects
on wildlife. Proper use of specialized equipment must be
demonstrated, especially as it may relate to meteorological
factors and adjacent land use.
3.
Ornamental and Turf Pest Control
1.
Shade Tree - Applicators shall demonstrate practical
knowledge of pesticide problems associated with the production
and maintenance of ornamental and shade
trees, including cogniance of potential phytotoxicity
due to a wide variety of plant material, drift, and
persistence beyond the intended period of pest control.
Because of the frequent proximity of human habitations
to application activities, applicators in this sub-
category must demonstrate practical knowledge of
application methods which minimize or prevent hazards
to humans, pets, and other domestic animals.
2.
Custom Grounds - Applicators shall demonstrate
practical knowledge of pesticide problems associated
with the production and maintenance of shrubs,
plantings, and turf, including cognizance of potential
phytotoxicity due to a wide variety of plant material,
drift, and persistence beyond the intended period of
pest control. Because of the frequent proximity of
human habitations to application activities,
applicators in this sub-category must demonstrate
practical knowledge of application methods which will
minimize or prevent hazards to humans, pets, and other
domestic animals.
4. Seed-Treatment - Applicators shall demonstrate practical
knowledge of types of seeds that require chemical protection
against pests and factors such as seed coloration, carriers,
and surface active agents which influence pesticide binding
and may affect germination. They must demonstrate practical
knowledge of hazards associated with handling, sorting and
mixing, and misuse of treated seed such as introduction of
treated seed into food and feed channels, as well as proper
disposal of unused treated seeds.
11.
Aquatic Pest Control - Applicators shall demonstrated
practical knowledge of the secondary effects which can be
caused by improper application rates, incorrect
formulations, and faulty application of restricted use
pesticides used in this category. They shall demonstrate
practical knowledge of various water use situations and the
potential of downstream effects. Further, they must have
practical knowledge concerning potential pesticide effects
on plants, fish, birds, beneficial insects and other
organisms which may be present in aquatic environments.
These applicators shall demonstrate practical knowledge of
The principles of limited area application.
12.
Right-of-Way Pest Control - Applicators shall demonstrate
practical knowledge of wide variety of environments, since
rights-of-way can transverse many different terrains,
including waterways. They shall demonstrate practical
knowledge of problems on runoff, drift, and excessive
foliage destruction and ability to recognize target
organisms. They shall also demonstrate practical knowledge
of the nature of herbicides and the need for containment of
these pesticides within the right-of-way area, and the
impact of their application activities in the adjacent
areas and communities.
13.
Industrial, Institutional, Structural and Health Related
Pest Control
a.
General Pest - Applicators must demonstrate a practical
knowledge of a wide variety of pests, including their life
cycles, types of formulations appropriate for their control,
and methods of application that avoid contamination of
habitat, and exposure of people and pets. Since human
exposure, including babies, children, pregnant women, and
elderly people, is frequently a potential problem, applicators
must demonstrate practical knowledge of the specific factors
which may lead to a hazardous condition, including continuous
exposure in the various situations encountered in this sub-
category. Because health related pest control may involve
outdoor applications, applicators must also demonstrate
practical knowledge of environmental conditions, particularly
related to this activity.
3.
Termite and Structural Pest - Applicators must
demonstrate a practical knowledge of a wide variety of wood
destroying organisms, including their life cycles, types of
formulations appropriate for their control, and methods of
application that avoid contamination of food, wells, damage
and contamination of habitat, and exposure of people and pets.
Since human exposure, including babies, children, pregnant
women, and elderly people is frequently a potential problem,
applicators must demonstrate practical knowledge of the
specific factors which may lead to a hazardous condition,
including continuous exposure in the various situations
encountered in this sub-category.
c.
Fumigation - Applicators must demonstrate a practical
knowledge of a wide variety of pests, including their life
cycles, types of fumigation materials appropriate for their
control, and methods of application that avoid contamination
of habitat, and exposure and people and pets. Since human
exposure is frequently a potential problem, applicators must
demonstrate practical knowledge of the specific factors which
may lead to a hazardous condition, including continuous
exposure in the various situations encountered in this sub-
category.
d.
Vertebrate - Applicators must demonstrate a practical
knowledge of a variety of rodents and birds including their
life cycles, types of formulations appropriate for their
control, and methods of application that avoid contamination
of food, damage and contamination of habitat, and exposure of
people and pets. Since human exposure, including babies,
children and pregnant women, and elderly people is frequently
a potential problem, applicators must demonstrate practical
knowledge of the specific factors which may lead to a
hazardous condition, including continuous exposure in the
various situations encountered in this sub-category. Because
vertebrate pest control may involve outdoor applications,
applicators must also demonstrate practical knowledge of
environmental conditions, particularly related to this
activity.
4.
Mosquitoes and Biting Flies - Applicators must
demonstrate a practical knowledge of a variety of pests,
including their life cycles, types of formulations appropriate
for their control, and methods of application that avoid
contamination of habitat, and exposure of people and pets.
Since human exposure is frequently a potential problem,
applicators must demonstrate practical knowledge of the
specific factors which may lead to a hazardous condition,
including continuous exposure in the various situations
encountered in this sub-category. Because a health related
pest control may involve outdoor applications, applicators
must also demonstrate practical knowledge of environmental
conditions, particularly related to this activity.
14.
Public Health Pest Control - Applicators shall demonstrate
practical knowledge of vector-disease transmission as it relates to
and influences application programs. A wide variety of pests is
involved and it is essential that they be known and recognized, and
appropriate life cycles and habitats be understood as a basis for
control strategy. These applicators shall have practical knowledge
of a great variety of environments ranging from streams to those
conditions found in buildings. They should also have practical
knowledge of the importance and employment of such non-chemical
control methods as sanitation, waste disposal and drainage.
15.
Regulatory Pest Control - Applicators shall demonstrate
practical knowledge of regulated pests, applicable laws relating to
quarantine and other regulation of pests, and the potential impact
on the environment of restricted use pesticides used in suppression
and eradication programs. They shall demonstrate knowledge of
factors influencing introduction, spread, and population dynamics of
relevant pests. Their knowledge shall extend beyond that required
by immediate duties, since their services are frequently required in
other areas of the country where emergency measures are invoked to
control regulated pests and where individual judgements must be made
in new situations.
16.
Demonstration and Research Pest Control - Persons
demonstrating the safe and effective use of pesticides to other
applicators and the public will be expected to meet comprehensive
standards reflecting a broad spectrum of pesticide uses. Many
different pest problem situations will be encountered in the course
of activities associated with demonstration, and practical knowledge
of problems, pests, and population levels occurring in each
demonstration situation is required. Further, they should
demonstrate an understanding of pesticide-organism interactions and
the importance of integrating pesticide use with other control
methods. In general, it would be expected that applicators doing
demonstration pest control work possess a practical knowledge of all
of the standards detailed in the General Standards. In addition,
they shall meet the specific standards required for categories (a)
through (g) of this section as may be applicable to their particular
activity. Persons conducting field research or method improvement
work with restricted use pesticides should be expected to know the
General Standards. In addition, they shall be expected to know the
specific standards required for categories (a) through (i) of this
section, applicable to their particular activity, or alternatively,
to meet the more inclusive requirements listed under
"Demonstration".
RULE G
PRIVATE APPLICATOR CERTIFICATION PROCEDURE
1.
On and after October 21, 1977, each person engaged in the
application of any "restricted use" or "state limited use pesticide"
as a private applicator shall possess a valid private applicator
certificate issued by the Director, except that a person who is
applying a restricted-use or limited use pesticide under the direct
supervision of an appropriately certified applicator shall not be
required to possess such a certificate.
2.
Application for certification shall be filed with the department on
forms supplied by the department, and shall contain such information
as the Director shall require.
3.
A fee of $20.00 shall be charged prior to the issuance of the
initial certification document and at the time of each annual
renewal or re-certification thereafter.
4.
A certification document shall be valid for a period beginning with
the actual date of issuance and ending on December 31st, unless it
has been revoked or suspended prior thereto by the Director for
cause; provided, that any certification document issued prior to
January 1, 1978 shall be valid for a period beginning with the
actual date of issuance and ending December 31, 1978, unless revoked
or suspended prior thereto by the Director.
5.
Competence in the use and handling of pesticides by private
applicators who wish to become certified shall be determined
primarily on the basis of written examinations. Oral examinations
and performance testing may be utilized in conjunction with, and not
in lieu of, written examinations. Such examinations and testing
shall be based upon standards set forth in RULE H.
6.
A person shall not be determined certifiable as a private applicator
until such person passes the required examinations as provided by
paragraph (5) of this rule.
7.
The Director may deny certification or may suspend, revoke, or
otherwise modify a certification once issued for reasons including
the following:
a.
that the applicant made a false or misleading statement in the
application for certification;
b.
that the applicant or certificate holder has violated any
provision of RIPCA or the regulations promulgated thereunder;
c.
that the applicant or certificate holder uses or applies a
pesticide, excluding pesticides for which an EPA experimental
use permit has been issued, which has not been duly registered
under the provisions of @23-25-6.
RULE H
STANDARDS OF COMPETENCY FOR PRIVATE APPLICATORS
A private applicator must show that he possesses a practical
knowledge of the pest problems and pest control practices associated with
his agricultural operations; proper storage, use, handling and disposal of
the pesticides and containers; and his related legal responsibility
appropriate to 40 CRF 171.5(a). This practical knowledge includes ability
to:
1.
Recognize common pests to be controlled and damage caused by them.
2.
Read and understand the label and labeling information including the
common name of pesticides he applied; pest(s) to be controlled,
timing and methods of application; safety precautions; and pre-
harvest or re-entry restrictions; and any specific disposal
procedures.
3.
Apply pesticides in accordance with label instructions and warnings,
including the ability to prepare the proper concentration of
pesticide to be used under particular circumstances taking into
account such factors as area to be covered, speed at which
application equipment will be driven, and the quantity dispersed in
a given period of operation.
4.
Recognize local environmental situations that must be considered
during application to avoid contamination.
5.
Recognize poisoning symptoms and procedures to follow in case of a
pesticide accident.
RULE I
REGISTRATION
1.
No out-of-state manufacturer, producer, or distributor shall offer a
pesticide for (Retail) sale through mail order catalogues, direct
mail, or other media or advertising without first registering that
pesticide according to the provisions of (Section 6) of this act.
2.
Pesticide products which have the same formula, the same EPA
registration number, are manufactured by the same person, the
labeling of which contains the same claims, and the labels of which
bear a designation identifying the product as the same pesticide
product may be registered as a single pesticide product; and
additional names and labels shall be added by supplement statements
during the current period of registration.
3.
If during the current registration period, the manufacturer or
producer changes or alters any part of the active ingredient
statement of a pesticide product registered with the Director, he
must register the pesticide product as a new product whether or not
it receives a new EPA registration number.
RULE J
EXPERIMENTAL USE PERMITS
1.
Any person who intends to use a pesticide, for which an experimental
use permit has been issued by EPA pursuant to Section 5(a) of FIFRA,
in Rhode Island, shall, prior to its shipment to and/or use in Rhode
Island notify the Director of his intent and shall apply for
permission to do so. The applicant shall supply the Director with
the following information:
a.
Type of product
b.
Name of product
c.
Name and address of permittee
d.
Active ingredient name and percentage
e.
Inert ingredient percentage
f.
Experimental permit no.
g.
Complete label and labeling
h.
Amount to be used
i.
Names and addresses of applicators involved
j.
Application sites or locations
k.
Such other information as the Director deems necessary to
protect health and the environment
2.
Any person who (after having received permission from the Director
to do so) uses and/or applies a pesticide, for which EPA has issued
an experimental use permit, shall submit to the Director within six
months a report on the results of such use and/or application.
RULE K
CERTIFICATION DOCUMENTS
1.
Certified Commercial Applicators
a.
A commercial applicator may be issued certification documents
only after he has paid the required fee and successfully
complied with the procedure set forth in RULE D.
b.
The Director may issue two types of certification documents
which may include the following information:
1.
Full size document: applicator's name, address,
certification number, expiration date, categories or
certification, and applicator's signature.
2.
Wallet size document: same information as in full size
document plus applicator's photograph.
c.
The full size document shall be retained at the applicator's
principal place of business.
d.
The wallet size document, shall be on the applicator's person
at all times he is using a restricted use or state limited use
pesticide. This document will also be utilized by the
applicator as a means of identification for his purchase of
restricted use or state limited use pesticides.
2.
Certified Private Applicators
a.
A private applicator may be issued certification documents
only after he has paid the required fee and successfully
completed with the procedure set forth in RULE G.
b.
The director may issue two types of certification documents
which may include the following information:
1.
Full size document: applicator's name, address,
certification number, expiration date, limitations, and
applicator's signature.
2.
Wallet size document: same information as in full size
document plus applicator's photograph.
c.
The full size document shall be retained at the applicator's
principal place of business.
d.
The wallet size document shall be on the applicator's person
at all times he is using a restricted use or state limited use
pesticide. This document will also be utilized by the
applicator as a means of identification for his purchase of
restricted use or state limited use pesticides.
3.
All sales of restricted use or state limited use pesticides are
limited to those who are certified or those who have been authorized
by a certified applicator to purchase the same.
Authorization to purchase where purchase authority has been
delegated by a certified applicator shall be in such form and
contain such information as may be prescribed by the Director.
RULE L
RENEWAL OF CERTIFICATION
1.
All certified applicators must attend a least one training program,
approved by the Director, during a five-year period, in order to:
a.
ensure that they continue to meet the requirements of changing
technology, covering uses for which they are certified;
b.
assure that they maintain a continuing level of competence and
ability to use pesticides safely and properly covering uses
for which they are certified; and
c.
acquaint them with changes in Federal and State regulations.
2.
Certified applicators who attend such a training program, as
outlined in paragraph (1), shall be issued a certificate of
attendance, a copy of which will be filed with the applicators
records.
3.
Certified applicators who fail to attend a training program, as
required in paragraph (1), at least once every five years shall be
required to take another examination before their certification will
be renewed.
RULE M
COMMERCIAL APPLICATOR LICENSES
1.
a.
On and after October 21, 1977, each person engaged in
the application of any pesticide, other than a "restricted-
use" or "state limited use pesticide", as a commercial
applicator shall possess a valid commercial applicator
license, issued by the Director, except that a person who is
applying such a pesticide on land owned or rented by the
applicator or his employer shall not be required to possess
such a license.
b.
Each person who is the employee of a licensed or certified
commercial applicator and who as a condition of employment
applies pesticides, not in the physical presence of a licensed
or certified applicator, shall possess a valid coial
applicator's license or certification, except that that person
shall not be required to provide separate financial
responsibility as specified in RULE Q.
2.
Application for licensing shall be filed with the Department on
forms supplied by the Department, and shall contain such information
as the Director shall require.
b.
Storage actions for pesticides and pesticide containers.
c.
Disposal actions for pesticides and pesticide containers.
3.
A fee of $30.00 shall be charged prior to the issuance of the
initial license document and at the time of each annual renewal or
reissuance thereafter.
4.
A license document shall be valid for a period beginning with the
actual date of issuance and ending on February 28th, unless it has
been revoked or suspended prior thereto by the Director for cause;
provided, that any license document issued prior to March 1, 1978
shall be valid for a period beginning with the actual date of
issuance and ending on February 28, 1979, unless revoked or
suspended prior thereto by the Director.
5.
Competence in the use and handling of pesticides by commercial
applicators, who wish to become licensed shall be determined on the
basis of written examinations, and, as appropriate, performance
testing, based upon the standards set forth in RULE E.
6.
A person shall not be determined qualified for licensing until such
person passes the required examinations as provided by paragraph (5)
of this Rule.
7.
The Director may deny licensing or may suspend, revoke, or otherwise
modify a license once issued for reasons including the following:
a.
That the applicant made a false or misleading statement in the
application for licensing;
b.
That the applicant or license holder has violated any
provisions of RIPCA or the regulations promulgated thereunder;
c.
That the applicant or license holder does not have in effect
or fails to maintain in effect financial responsibility in the
amounts specified in RULE Q.
d.
That the applicant or license holder uses or applies a
pesticide, excluding pesticides for which an EPA experimental
use permit has been issued, which has not been duly registered
under the provisions of @23-25-6.
RULE N
DEALER LICENSES
1.
On and after October 21, 1977, any person engaged in the
distribution of any "restricted use" or "state limited use"
pesticide as a pesticide dealer shall possess a valid pesticide
dealer's license issued by the Director. A licensee shall be
required for each location or outlet, within the State, from which
such pesticides are distributed, sold, held for sale, or offered for
sale.
2.
Application for licensing shall be filed with the Department, and
shall contain such information as the Director may require.
3.
A fee of $30.00 shall be charged to the issuance of the initial
license and at the time of each annual renewal.
4.
A license shall be valid for a period beginning with the actual date
of issuance and ending on February 28th, unless it has been revoked
or suspended prior thereto by the Director for cause; provided that
any license issued prior to March 1, 1978, shall be valid for a
period beginning with the actual date of issuance and ending on
February 28, 1979, unless revoked or suspended prior thereto by the
Director.
5.
The Director shall require a person, who has a fixed distribution
center within the State and who wishes to become licensed, to pass a
written examination. Such examination will be designed to enable
the person to demonstrate his knowledge of the types of information
to be found on a pesticide label and that he is familiar with State
and Federal laws governing his sale, storage and distribution of
"state limited use" and "restricted use" pesticides.
6.
The Director shall require out-of-state dealer representatives who
physically operate and distribute within the State to pass the
required examination as provided by paragraph (5) of this rule.
7.
A manufacturer, registrant, or distributor of "state limited use" or
"restricted use" pesticides who has no fixed distribution center
within the State but who wishes to distribute such pesticides
directly to certified applicators within the State may obtain a
dealer's license by paying the required fee and signing a form
attesting to his knowledge of State and Federal laws governing such
distribution.
8.
The Director may deny licensing or may suspend, revoke or otherwise
modify a license once issued for reasons including the following:
a.
That the applicant made a false or misleading statement in the
application for licensing.
b.
That the applicant or license holder has violated any
provision of RIPCA or the regulations promulgated thereunder;
RULE O
GENERAL RULES
1.
Pesticide Anti-Siphon. All pest control equipment using pesticides
and drawing water from the surface waters of the State shall have an
effective antisiphon device approved by the Director to prevent back
flow.
2.
No pesticide shall be applied to public water supplies or their
tributaries except by legally established water supply entities or
their agents as authorized by the Director. Pesticide applications
to lands near or adjacent to public water supplies shall be made in
such a manner that no pesticides drift or flow into such water
supplies.
3.
No pesticide application may be made within 400 feet of gravel
packed wells used for public water supply or within 250 feet of
other wells so used, unless materials and methods to be employed
have been approved by the Director.
4.
Pesticide applications shall not be made on the watershed of a
public water supply unless such applications have been approved by
the Director.
5.
No restricted-use or state limited use pesticide shall be applied to
woodland areas exceeding 25 acres without the prior approval of the
Director.
6.
Pesticide applications to areas adjacent to crops or pasturage shall
be such that contamination of crops or pasturage does not occur.
7.
Pesticide application for agricultural purposes shall be such that
contamination to adjacent lands does not occur.
8.
Pesticide applications to any surface waters of the State for the
control of aquatic nuisances or for any other reason shall not be
made unless such applications have been approved by the Director.
9.
No application of pesticides by means of aircraft shall be made
within the State without prior approval of the Director or his
designated representative.
10.
No application of pesticides shall be made by mechanically powered
equipment at such times as the wind velocity will cause a hazardous
chemical to drift beyond the target area.
11.
Pesticide containers shall not be used for any purpose, other than
the storage of pesticides, unless such purpose has been approved by
the Director and the containers have been properly cleaned.
12.
Pesticide dealers displaying "Restricted Use" or "State Limited Use"
pesticides, shall display such pesticides in an area separate from
general use pesticides.
1.
Pesticide dealers displaying "Restricted Use" or
"State Limited Use" pesticides, shall post a sign
bearing the statement "for sale to certified
applicators only", at the display in a prominent
position. The statement shall be imprinted letters at
least one inch high.
2.
3.
No pesticide may be distributed if part or all of the
label is missing, unreadable, or otherwise damaged
beyond recognition.
4.
5.
No pesticide may be distributed in containers which
are unsafe due
6.
to corrosion, leakage, spillage, or other damage.
RULE P
RECIPROCITY
1.
Applicants for reciprocal certification must have successfully
completed all necessary certification requirements in their resident
state and must submit proof of such to the Director.
2.
Applicants for reciprocal certification must complete all
requirements of the Director relative to certification with the
exception of taking the written examination.
3.
All grantees of reciprocal certification shall be responsible for
and bound by the provisions of RIPCA, the rules and regulations
adopted thereunder, and of any lawful order of the Director.
4.
Whenever a person's certification is denied, suspended, revoked or
modified by his resident state, the reciprocal certification,
granted by the Director, shall be at least similarly denied,
suspended, revoked or modified.
5.
Reciprocal certification shall only remain in effect as long as
certification is maintained in the resident state.
6.
Reciprocal certification documents shall bear a notation
distinguishing them from other certification documents.
RULE Q
FINANCIAL RESPONSIBILITY
1.
Each applicant for commercial applicator licensing shall show proof
of financial responsibility to consist of either:
a.
A performance bond drawn payable to the State of Rhode Island
in the amount of $20,000 per job, or
b.
The following minimum insurance coverage:
Comprehensive General Liability (ground application):
Bodily Injury Liability - $20,000 each occurrence
- $40,000 Aggregate
Property Damage Liability (Including completed operations and
chemical liability) - $25,000
2.
Each applicant for commercial applicator certification shall show
proof of financial responsibility to consist of either:
a.
A performance bond drawn payable to the State of Rhode Island
in the amount of $50,000 per job, or
b.
The following minimum insurance coverage:
Comprehensive General Liability (ground application):
Bodily Injury Liability - $50,000 each occurrence
- $100,000 Aggregate
Property Damage Liability (Including completed operations and
chemical liability) - $50,000
3.
Each applicant for commercial applicator certification in Category
7(c) Fumigation shall show proof of financial responsibility to
consist of either:
a.
A performance bond drawn payable to the State of Rhode Island
in the amount of $100,000, or
b.
The following minimum insurance coverage:
Comprehensive General Liability:
Bodily Injury Liability - $100,000 each occurrence
- $300,000 Aggregate
Property Damage Liability (Including completed operations and
chemical liability) - $100,000
4.
Each applicant for commercial applicator licensing or certification,
who applies pesticides aerially, shall show proof of financial
responsibility to consist of either:
a.
A performance bond drawn payable to the State of Rhode Island
in the amount of $100,000, or
b.
The following minimum insurance coverage:
General Liability:
Bodily Injury Liability - $100,000 each occurrence
- $200,000 Aggregate
Property Damage Liability (Including completed operations and
chemical liability) - $100,000
5.
Financial responsibility required by paragraphs (1) - (4), where
appropriate, shall not be required of persons whose pesticide
application activities are part of their duties as governmental
employees.
RULE R
DEFINITIONS
As used in these rules and regulations, all terms not defined herein shall
have the meaning given them by RIPCA.
1.
RIPCA - Chapter 23-25 of the General Laws entitled the Rhode Island
Pesticide Control Act of 1976.
2.
Use of a pesticide - Any act of handling or release of a pesticide
or the exposure of man or the environment to a pesticide, but
excluding normal handling associated with pesticide distribution,
through acts including but not limited to:
a.
Application of a pesticide including mixing or loading of
equipment and any required supervisory action in or near the
area of application.
b.
Storage actions for pesticides and pesticide containers.
c.
Disposal actions for pesticides and pesticide containers.
RULE S
STANDARDS FOR SUPERVISION OF NON-CERTIFIED APPLICATORS BY CERTIFIED
PRIVATE AND COMMERCIAL APPLICATORS
1.
Certified applicators whose activities indicate a supervisory role
must demonstrate a practical knowledge of Federal and State
supervisory requirements, including labeling, regarding the
application of restricted use pesticides by non-certified
applicators.
2.
The availability of certified applicators must be directly related
to the hazard of the situation.
a.
In situations where the certified applicator is not required
to be physically present, "direct supervision" shall include
verifiable instruction to the competent person, as follows:
1.
Detailed guidance for applying the pesticide properly,
and
2.
Provisions for contacting the certified applicator in
the event he is needed.
b.
In situations where labeling requires, the actual physical
presence of a certified applicator shall be required when
application is made by a non-certified applicator.
c.
In situations in which sub-surface application of the
following classes of termiticides are made, the actual
physical presence of an applicator certified in Category 7(b)
is required when application or any part thereof is made by
any applicator not certified in Category 7(b):
Clyclodienes . . . including but not limited to chlordane,
aldrin, dieldrin, and heptachlor.
Organo-Phosphates . . . including but not limited to
chlorpyrifos.
Rule T is hereby superceded by the following rule:
RULE T
1.
Definitions - Unless the context clearly indicates otherwise, the
following terms shall have the following meanings:
a.
Homeowner shall mean the owner or occupant of a private single
family residence or the manager of a multi-unit dwelling.
b.
Applicator shall mean the individual or company providing lawn
care services.
c.
Immediate Service Call shall include: 1) customer complaints,
2) lawn threatening pests - but shall not include regularly
scheduled treatments.
d.
End Use Product shall mean the pesticide(s) as applied and
shall not mean the concentrate.
e.
Public Recreation Facilities shall include golf courses,
playgrounds, athletic facilities, schoolgrounds, and parks.
2.
After entering into or renewing an agreement to apply
pesticides to control lawn or turf pests and prior to the
initial application of such pesticides, the applicator shall
provide the homeowner with a list of those pesticides which
may be used. Such list shall include common and most likely
trade name of each pesticide and any post-application safety,
environment or health instructions specified on the label for
the end use product. In addition to said list the applicator
must inform the homeowner, in writing, that they may request a
copy of the label, and/or the material date sheet, and/or the
EPA Fact Sheet, if available, on any pesticide which may be
used. The Director may require the inclusion of any
additional health, safety or environmental instructions
generated by the EPA, department of environmental management
or department of health.
3.
Any contiguous neighbor to a property under an agreement in
above may request the applicator to provide notice 48 hours in
advance of each application. If notice by telephone, or mail
or in person, cannot be given 48 hours before the application
of pesticides the applicator shall leave written notice at
that house following the application. Such advance notice
shall not be required for immediate service calls. In those
cases, written notification following the application shall be
left at the requesting neighbor's house.
4.
Upon completion of each application, the applicator shall
leave written notice at the property treated containing the
following information:
a.
the common name of the pesticide(s) that were applied to the
property.
b.
a telephone number of the applicator.
c.
the telephone number of the Department of Environmental
Management.
5.
At the time of each application, the applicator shall post signs, as
prescribed in (7) below, in conspicuous points of access to the
property and shall instruct the customer as to their appropriate
removal. Conspicuous points of access shall include but not be
limited to, unobstructed abutting yard, walkways, paths, etc.
6.
Prior to commencing each application of a pesticide, the manager of
a public recreation facilities shall post a notice in the place most
likely to inform those who make use of the facility. Such notice
shall remain in place for 72 hours after completion of the
application.
7.
Signs shall be no less than 20 square inches (4" X 5") and shall be
printed with the following information on waterproof stock in dark
letters on a white field:
Lawn Chemicals Applied (in letters at least 1/2" high)
Applicator Name
Phone Number of Applicator
Keep Posted for 72 Hours
(no smaller that 1/4" letters)
8.
Each applicator shall make any written material required in this
rule readily available to the Department upon request.
This regulation shall become effective May 15, 1987.
UNDERLINING INDICATES AMENDMENTS TO THE RULES & DASHES INDICATES DELETIONS FROM
THE RULES.