250-RICR-40-15-2
250-RICR-40-15-2. Rules and Regulations Relating to Pesticides (version Amendment, 11/13/2006 to 11/13/2006)
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
DIVISION OF AGRICULTURE
PESTICIDES SECTION
RULES AND REGULATIONS RELATING TO PESTICIDES
October 19, 2006
AUTHORITY: These rules and regulations are adopted pursuant to Chapters 42-35 and 23-25
of the Rhode Island General Laws, 1956, as amended. These rules and regulations were
originally promulgated in 1979 and amended March 10, 1987.
TABLE OF CONTENTS
RULE 1.
PURPOSE……………………………………………………………….………..1
RULE 2.
AUTHORITY…………………………………………………………………….1
RULE 3.
APPLICABILITY………………………………………………………………..1
RULE 4.
DEFINITIONS………………………………………………………….………..1
RULE 5.
“RESTRICTED USE” AND “STATE LIMITED USE” PESTICIDES……...3
(A) “Restricted Use” Pesticides……………………………………………………….3
(B) “State Limited Use” Pesticides……………………………………………………3
RULE 6.
RECORD KEEPING REQUIREMENTS……………………………………...5
(A)
Dealer Records…………………………………………………………………….5
(B)
Commercial Applicators…………………………………………………………..5
(C)
Private Applicators………………………………………………………………...6
(D)
Records Availability………………………………………………………………8
RULE 7.
CATEGORIES FOR COMMERCIAL APPLICATORS……………………..8
RULE 8.
COMMERCIAL APPLICATOR CERTIFICATION PROCEDURE……...11
RULE 9.
GENERAL STANDARDS FOR ALL CATEGORIES AND SUB-
CATEGORIES OF COMMERCIAL APPLICATORS……………………..12
RULE 10.
SPECIFIC STANDARDS OF COMPETENCY FOR EACH CATEGORY
AND SUB-CATEGORY OF COMMERCIAL APPLICATORS…………...15
RULE 11.
PRIVATE APPLICATOR CERTIFICATION PROCEDURE……………..20
RULE 12.
STANDARDS OF COMPETENCY FOR PRIVATE APPLICATORS……22
RULE 13.
PESTICIDE REGISTRATION………………………………………………..22
RULE 14.
EXPERIMENTAL USE PERMITS…………………………………………...23
RULE 15.
CERTIFICATION DOCUMENTS……………………………………………23
RULE 16.
MAINTENANCE OF PESTICIDE CERTIFICATION AND LICENSING 25
RULE 17.
COMMERCIAL APPLICATOR LICENSES………………………………..29
RULE 18.
DEALER LICENSES…………………………………………………………..31
RULE 19.
GENERAL RULES…………………………………………………………….32
RULE 20.
RECIPROCITY………………………………………………………………...35
RULE 21.
FINANCIAL RESPONSIBILITY……………………………………………..36
RULE 22.
STANDARDS FOR SUPERVISION OF NON-CERTIFIED APPLICATORS
BY CERTIFIED PRIVATE AND COMMERCIAL APPLICATORS……..37
RULE 23.
TURF MANAGEMENT AND LAWN CARE………………………………..38
RULE 24.
PESTICIDE AND PESTICIDE RESIDUE STORAGE AND DISPLAY
REQUIREMENTS……………………………………………………………...40
(A)
Storage…………………………………………………………………………...40
(B)
Display for Sale………………………………………………………………….43
RULE 25.
TRANSPORTATION OF PESTICIDES……………………………………..43
RULE 26.
SEVERABILITY……………………………………………………………….45
RULE 27.
SUPERSEDED RULES AND REGULATIONS……………………………..45
RULE 28.
EFFECTIVE DATE……………………………………………………………46
RULES AND REGULATIONS RELATING TO PESTICIDES
RULE 1.
PURPOSE
The purpose of these rules and regulations is to ensure the enforcement and administration of the
Rhode Island Pesticide Control Act and its amendments, the protection of public health and to
avoid degradation of the environment of the State. The regulations as herein set forth include, but
are not limited to, providing for the collection, examination, and reporting of samples of
pesticides or devices; the safe use, handling, transportation, storage, display, distribution, and
disposal of pesticides and their containers; provide for labeling requirements of all pesticides;
prescribe methods to be used in the application of pesticides; and establish standards of
minimum competence levels for applicators of pesticides.
RULE 2.
AUTHORITY
A.)
These rules and regulations are promulgated pursuant to the requirements and
provisions of Chapter 42-17.1, “Department of Environmental Management”,
Chapter 42-17.6, “Administrative Penalties for Environmental Violations”, and
Chapter 23-25-1, “Pesticide Control Act of 1976”, in accordance with the
provisions of Chapter 42-35, “Administrative Procedures Act”, of the Rhode
Island General Laws of 1956, as amended.
B.)
Pursuant to the above cited provisions of the Rhode Island General Laws of 1956,
as amended, the Department of Environmental Management’s Division of
Agriculture & Resource Marketing its Chief and designated agents shall be
responsible for carrying out the provisions of these rules and regulations.
RULE 3.
APPLICABILITY
The terms and provisions of these Rules and Regulations shall be liberally construed to permit
the Department to effectuate the purposes of state law, goals, and policies.
RULE 4.
DEFINITIONS
For the purpose of these regulations, the following terms shall have the following meanings:
(A)
Director - means the Director of the Department of Environmental Management
as defined in Chapter 23-25-4 entitled Pesticide Control Act of 1976 of the State
of Rhode Island General Laws of 1956, as amended.
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(B)
CFR - means Code of Federal Regulations published in the Federal Register by
the executive department and agencies of the Federal Government of the United
States of America.
(C)
Community Water Supply - means any public water supply, which serves at
least fifteen (15) service connections used by year-round residents or regularly
serves at least twenty-five (25) year-round individuals.
(D)
Conspicuous Points of Access - the usual and customary entrance(s) where
people are likely to enter a treated area and observe posted signs pursuant to Rule
24.
(E)
Department – means the Rhode Island Department of Environmental
Management.
(F)
School Emergency – an urgent need to mitigate or eliminate a pest that threatens
the health or safety of a student or staff member at a school.
(G)
Immediate Farm Family Member – includes only the spouse, children,
stepchildren, foster children, parents, stepparents, foster parents, brothers and
sisters.
(H)
Original Container – means the package the pesticide or device was placed in
by the manufacturer for distribution, sale, consumption, use or storage. The term
does not include any shipping or bulk container used for transporting or delivering
the pesticide unless it is the only such package.
(I)
Public Health – means the optimal well being of the general public both
individually and collectively as communities of the human race.
(J)
Public Water Supply – means a system for the provision of the public of piped
water for human consumption, if such system has at least fifteen service
connections or regularly serves at least twenty-five (25) individuals daily at least
sixty (60) days of the year.
(K)
RIPCA – means Chapter 23-25 of the General Laws entitled the Rhode Island
Pest Control Act of 1976.
(L)
School – The term means a public or private elementary or secondary school
having kindergarten or any of grades one (1) through twelve (12). The term
school includes any school building and any area outside of a school (including a
lawn, playfield, sports field) that is used, managed or owned by the school or
school district for school related activities.
(M)
Service Container – means any container, other than the original container of a
registered pesticide provided by the registrant, or pesticide application equipment,
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which contains the original material that is utilized to hold, store, or transport a
pesticide concentrate or a pesticide use-dilution preparation.
(N)
Use of a pesticide – Any act of handling or release of a pesticide or the exposure
of public health 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.
d.
Recommendation of a pesticide application; and/or
e.
Other activities as defined by the Federal Worker Protection Standard
40 CFR Part 156.
RULE 5.
“RESTRICTED USE” AND “STATE LIMITED USE” PESTICIDES
(A.)
“Restricted Use” Pesticides – Any pesticide which is classified as “restricted use”
by the administrator of EPA under 7 USC 136a Sec. 3(d)(1), or as a “state-limited
use” pesticide under the Rhode Island Pesticide Control Act Chapter 23-25-9. A
listing of such “restricted use” pesticides shall be maintained with the Division of
Agriculture.
(B.)
“State Limited Use” Pesticides – In accordance with Chapter 23-25-9 of the
Rhode Island Pest Control Act, the pesticides contained herein are classified as
“state limited use”. As such, the following restrictions and/or conditions of use
shall apply:
(1)
Effective January 31, 1987, all uses, distribution and sale of pesticide
products containing Chlordane have been canceled and banned:
(a)
Products containing Chlordane shall not be distributed or used in
the State of Rhode Island
(b)
Products containing Chlordane shall not be distributed or offered
for sale by any person, dealer, store, or company in the State of
Rhode Island.
(2)
The registration of products containing Alar (daminozide) shall be subject
to the requirements “state limited use” effective May 15, 1986.
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(3)
Effective September 1, 2006, the following pesticides shall be classified as
“state limited use” pesticides in the State of Rhode Island due to their
potential as ground water contaminants:
(a) Acetochlor
{2-chloro-N-ethoxymethyl-6’-ethylacet-o-toluidide,
2-chlolo-N-(ethoxymethyl)-N-(2-ethyl-6-
methylphenyl) acetamide, or related compounds.}
(b) Alachlor
{2-Chloro-2,6’-diethyl-N-(methoxymethyl)-
acetanilide or related compounds}
(c) Cyanazine
{2-[[4-chloro-6-(ethylamino)1,3,5-triazin-2-
yl]amino]-2-methylpropionitrile or related
compounds}
(d) Metolachlor
{2-chloro-N-(2-ethyl-6-methylphenyl)-N-(2-
methoxy-1-methylethyl) acetamide or related
compounds}
(e) Simazine
{2-Chloro-4,6-bis(ethlamino)-s-triazine or related
compounds}
(f) Dacthal
DCPA (dimethyl tetrachloroterephthalate)
(4)
All applicators must report annually applications of pesticides containing
wholly or in part any of the chemicals listed in Section B(3) above. At a
minimum the following information must be reported:
(a)
The brand name or trade name of the pesticide;
(b)
The EPA registration number of the pesticide;
(c)
The total amount of pesticide applied;
(d)
The purpose for which the pesticide was applied; including
the target pest(s) and the exact location where the pesticide
was applied on the property.
(e)
The name and address of the place of application;
(f)
The specific field or land area of the application, if
different from item (e) above;
(g)
If applied to a food crop, the crop to which the application
was made; and
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(h)
And the month, day, and year of the application.
(5)
Pesticides listed in Section B(3) above must be applied in accordance with
its EPA approved label and the Pesticide State Management Plan, if the
Department has developed such a plan. A copy of such plans shall be
available for review upon request at the Department’s Bureau of Natural
Resource, Agriculture and Resource Marketing. If a plan is not required,
then the pesticide must be applied in accordance with its approved EPA
label.
RULE 6.
RECORD KEEPING REQUIREMENTS
(A)
Dealer Records – Any person issued a dealer’s license is required to keep, for at
least two full years, true and accurate records containing the following
information:
(1)
The delivery, distribution, movement, storage, or holding of any
“restricted use” or “state limited use” pesticide, including the quantity;
(2)
The date of shipment, sale and receipt;
(3)
The EPA registration number;
(4)
The name of consignor and name and certification number of the
consignee.
(B) Commercial Applicators – Every commercial applicator is required to keep, for
a minimum of two years from the date of application, true and accurate records
containing the following information on his his or her application of G general
use, “restricted use”, and “state-limited use” pesticides:
(1)
The brand names or trade names of the pesticides;
(2)
The formulation used and the quantity of that formulation used at each site
or property, as well as the total amount of the dilution spray applied of
each pesticide product, when listed on the pesticide label.
(3)
The EPA registration number for each pesticide product;
(4)
The purposes for which the pesticides were applied; the target pest(s) and
the exact locations where the pesticide(s) were applied on the property.
For spot treatments, list site (e.g. lawn) and “spot treatment.”
(5)
The month, day, and year of the application;
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(6)
The consignees name and address;
(7)
Upon completion of the application, the applicator shall leave a detailed
invoice at the property treated containing the following information:
(a)
The product name and EPA Registration Number of the
pesticide(s) and the amount applied;
(b)
The name of the persons certified or licensed by the Department as
well as person(s) applying the pesticide under the direct
supervision of a certified or licensed commercial applicator who
participated in the planning and execution of the application;
(c)
The applicators certification and/or license number;
(d)
Any post-application, safety, environment or health instructions
specified on the label for the end use product. This information
may also be provided to the customer prior to the application; and
(e)
In the case of pesticide applications made to rights-of-way owned
by a Public Agency and/or Utility Companies, this notification
shall be made by the applicator(s) to the Utility Company or Public
Agency. When requested by adjacent or abutting property owners
whose lands abuts the right-of-ways, it will be the responsibility of
the Public Agency or Utility Company to provide the information
stated in Section 8 (a) through (d) of Rule 6.
(8)
Termiticide application records shall also include:
(a)
A diagram of the structure depicting the lower level treated and
exterior treatments;
(b)
The location of the active termite infestation(s) or evidence of an
untreated termite infestation, except when applying as a pre-
treatment application; and
(c)
Location of known wells, drainage systems, and any water bodies
such as streams and ponds located within 100 feet from the treated
structure.
(C)
Private Applicators – 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:
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(1)
The brand name or trade name of the pesticide;
(2)
The EPA registration number of the pesticide;
(3)
The amount of pesticide applied;
(4)
The purpose or target pest(s) for which the pesticide was applied;
(5)
If the application is made to a crop, a commodity, stored product or site:
(a)
name and address of the farm;
(b)
the specific field or land area of the application;
(c)
the size of the area treated.
(6)
The month, day, and year of the application;
(7)
Name of the applicator applying or supervising the application and
certification number;
(8)
Application records of restricted use pesticides to a total area of less than
one-tenth (1/10) of an acre (spot treatments) must include:
(a)
the brand name or registered name of the pesticide;
(b)
the EPA Registration Number;
(c)
the total amount applied;
(d)
the field location, which must also be designated as a “spot
treatment.”
(e)
the site, crop or commodity;
(f)
the month, day and year of the application
Greenhouse and Nursery Applications are excluded from the spot
treatment provisions, if treating less than 1/10 acre.
(9)
Applications of restricted use pesticides must be recorded no later than 14
days following pesticide applications and must be maintained for 2 years
following the application.
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(D)
Records Availability – Records required by paragraphs A-C shall be made
promptly available to the Director, or his designee, upon a reasonable demand.
RULE 7.
CATEGORIES FOR COMMERCIAL APPLICATORS
(A)
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 pursuant to Rule 9 of these Regulations 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 “restricted use” or “state limited use”
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.
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c.
Interior scape - Applicators using or supervising the use of
pesticides in the maintenance and production of plants inside
buildings.
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 applicators using or
supervising the use of “restricted use” or “state limited use”
pesticides as stated in the sub-categories below:
a.
Aquatic Weed 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 such as
lakes, ponds, reservoirs, rivers and streams for the purpose
of controlling aquatic weed and insect pests. Applicators
engaged in public health related activities included in
Category 8 are excluded.
b.
Anti-Fouling Paints. This category includes applicators
and/or employees of commercial boatyard facilities
engaged in the construction, storage, maintenance, repair or
refurbishing of vessels who are applying anti-fouling
paints.
c.
Sewer Root Control. Applicators using or supervising the
use of pesticides in the maintenance of sewer line and
wastewater plant systems.
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 power lines, pipelines,
railway rights-of-way of other similar areas.
Category 7.
Industrial, Structural and Health Related Pest Control. This
category includes applicators using or supervising the use of “restricted use” or
“state limited use” 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, rats, mice,
yellow jackets, hornets.
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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 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 such as mosquitoes, and black flies, horseflies.
f.
Food Processing Pest Control – Applicators who use or supervise
the use of pesticides to control pests in, on or around food
processing plants which may include, but not be limited to
bakeries, dairy product processing plants, canning and frozen food
packing, confection manufacturing and meat product processing
plants.
Category 8.
Public Health Pest Control – This category includes State, Federal
or other government employees using or supervising the 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 government 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
demonstrations, including extension specialists and county agents, sales
representatives demonstrating pesticide products, and those individuals
demonstrating methods used in public programs 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
including extension specialists and county agents, State or Federal, commercial
and other persons conducting field research on or utilizing pesticides.
Category 11. Wood Preservation – This category includes applicators using or
supervising the use of “restricted use” or “state limited use”
pesticides as stated in the subcategories below:
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a.
Pole Treatment – Applicators who use or supervise the use
of pesticides for the control of fungi, and insects to utility
poles and posts.
b.
Pressure Treatment – Applicators who use or supervise the
use of pesticides to preserve wood either by utilizing
pressure and non-pressure processes to control fungi and
insects.
(B)
The Director may, after a public hearing, add additional categories or sub-
categories as needed for the certification of commercial applicators.
RULE 8. COMMERCIAL APPLICATOR CERTIFICATION PROCEDURE
(A)
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.
(B). 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.
(C)
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.
(D)
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;
(D)
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
10 and 11. 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 8.
(F)
A person shall not be determined certifiable in any category or sub-category until
such person passes the required examinations as provided by paragraph (E) of this
rule.
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(G)
Any person who has failed to renew their commercial certification within a year
of their certification expiration date shall regain their certification solely by re-
examination. Such re-examination shall include the required core exam plus any
categories for which certification was previously held. Persons who have failed to
renew their commercial certification beyond one year of their certification
expiration date shall regain their certification by attending the training course and
by taking the exam for the commercial core and for any categories for which
certification was previously held.
(H)
Commercial Applicators shall cooperate with the Department requests to observe
spraying operations, to inspect equipment, to inspect pesticide related records, to
inspect business premises and to conduct pesticide related sampling.
(I)
The Director may deny certification or may suspend, revoke, or otherwise modify
a certificate once issued for reasons including any of 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 the
Rhode Island Pest Control Act or 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 22.
(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.
(J)
No person under eighteen (18) years of age shall be eligible for certification as a
commercial applicator or be eligible to apply pesticides under the direct
supervision of a certified applicator.
RULE 9.
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:
(A).
Label and Labeling Comprehension
(1)
General format and terminology;
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(2)
Understanding of instruction, warnings, terms, symbols, and other
information commonly appearing on pesticide labels;
(3)
Classification of the products, general or restricted; and
(4)
Necessity for use consistent with the label, or as otherwise allowed by
interpretation or regulations.
(B)
Safety
(1)
Pesticide toxicity and hazard to human health and common exposure
routes;
(2)
Common types and causes of pesticide accidents;
(3)
Precautions necessary to guard against injury to applicators and other
individuals in or near treated areas;
(4)
Need for and use of protective clothing and equipment;
(5)
Symptoms of Pesticide poisoning;
(6)
First aid and other procedures to be followed in case of a pesticide
accident; and
(7)
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.
(C)
Environment The potential environmental consequences of the use and misuse of
pesticides as may be influenced by such factors as:
(1)
Weather and other climatic conditions;
(2)
Types of terrain, soil or other substrate;
(3)
Presence of fish, wildlife and other non-target organisms; and
(4)
Groundwater and surface water drainage patterns.
(D)
Pests
(1)
Common features of pest organisms and characteristics of damage needed
for pest recognition;
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(2).
Recognition of relevant pests; and
(3).
Pest development and biology as it may be relevant to problem
identification and control.
(4)
Knowledge of Integrated Pest Management (IPM) practices and
procedures.
(5)
Non-chemical procedures or sets of procedures where available that could
substitute for a pesticide or decrease the amount required.
(E)
Pesticides
(1)
Types of pesticides;
(2)
Types of formulations;
(3)
Compatibility, synergism, persistence and animal and plant toxicity of the
formulations;
(4)
Hazards and residues associated with use;
(5)
Factors which influence effectiveness or lead to such problems as
resistance to pesticides; and
(6)
Dilution procedures.
(7)
Residues associated with use.
(F)
Equipment
(1)
Types of equipment and advantages and limitations of each type; and
(2)
Uses, maintenance and calibration.
(G)
Application Techniques
(1)
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;
(2)
Relationship to discharge and placement of pesticides to proper use,
unnecessary use, and misuse; and
(3)
Prevention of drift and pesticide loss into the environment.
Page 14 of 46
(H).
Laws and Regulations
Applicable State and Federal Laws and Regulations.
RULE 10.
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
a.
Plant – Applicators must demonstrate practical knowledge of crops grown
and the specific pests of those crops on which they may be using
“restricted use” or “state limited use” pesticides. The impact of such
competency is amplified by the extensive are areas 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” or “state
limited use” pesticides in agricultural areas.
b.
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 used 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.
2.
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
beneficial insects, fish, birds and wildlife. Proper use of specialized equipment
must be demonstrated, especially as it may relate to meteorological factors and
adjacent land use.
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3.
Ornamental and Turf Pest Control
a.
Shade Tree – Applicators shall demonstrate practical knowledge of
pesticide problems associated with the production and maintenance of
ornamental and shade trees, 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 minimize or prevent hazards to humans, pets, and other
domestic animals, wells and water bodies.
b.
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,
wells and water bodies.
(c) Interior Scape – Applicators shall demonstrate a practical knowledge of
pesticide problems associated with the production and maintenance of
indoor plantings maintained for aesthetic purposes, including cognizance
of potential phytotoxicity due to a wide variety of plant material, drift, &
persistence beyond the intended period of pest control.
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 subcategory.
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.
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5.
Aquatic Pest Control
a.
Aquatic Weed Control – Applicators shall demonstrate practical
knowledge of the secondary effects which can be caused by improper
application rates, incorrect formulations, and faulty application of
“restricted use” or “state limited 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.
b.
Anti-Fouling Paints – Applicators shall demonstrate practical knowledge
of the fouling control mechanism of anti-fouling paints and the various
factors that can affect anti-fouling performance. In addition, applicators
must be familiar with and understand the effect of anti-fouling paints on
non-target organisms and the concept of spill management. Knowledge of
special application practices and understanding of the effects of improper
or unnecessary use of anti-fouling paints are required for the applicator
and are essential for the applicator and the environment.
c. Sewer Root Control – Applicators shall demonstrate practical knowledge
of pesticides used for the maintenance of sewer lines and wastewater plant
systems.
6.
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.
7.
Industrial, Institutional, Structural and Health Related Pest Control
a.
General Pest – Applicators must demonstrate a practical knowledge of a
wide variety of pests, rats and mice, 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
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involve outdoor applications, applicators must also demonstrate practical
knowledge of environmental conditions, particularly related to this
activity.
b.
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 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.
d.
Vertebrate – Applicators must demonstrate a practical knowledge 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, 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.
e.
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
Page 18 of 46
demonstrate practical knowledge of environmental conditions, particularly
related to this activity.
f.
Food Processing Pest Control – Applicators shall demonstrate practical
knowledge of a wide variety of pests, including their life cycles, types of
formulations appropriate for their control and method of application that
avoids contamination of food, food processing equipment and packaging
materials, damage and contamination of the processing area and exposure
to people. Since human exposure, including pregnant women and elderly
people may be a potential problem, applicators must demonstrate practical
knowledge of the specific factors which may lead to a hazardous condition
including any continuous exposure in the various situations encountered in
this subcategory.
8.
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 are 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.
9.
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” or “state
limited 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.
10.
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 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
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particular activity. Persons conducting field research or method improvement
work with “restricted use” or “state limited 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”.
11.
Wood Preservation – Applicators must demonstrate a practical knowledge of a
wide variety of wood destroying organisms such as fungi and insects, including
but not limited to their life cycles, types of formulations appropriate for their
control, and methods of application that avoid contamination of wells or water
bodies, damage and contamination of habitat, and exposure of people and pets.
Because human exposure can be 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:
a.
Pole Treatment – Applicators who use or supervise the use of pesticides
must demonstrate a practical knowledge of the control of fungi, and
insects to utility poles and posts.
b.
Pressure Treatment – Applicators who use or supervise the use of
pesticides in this sub-category must demonstrate a practical knowledge of
wood preservation by either utilizing pressure and non-pressure processes
to control fungi and insects.
RULE 11.
PRIVATE APPLICATOR CERTIFICATION PROCEDURE
(A)
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.
(B)
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.
(C)
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.
(D)
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.
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(E)
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 13
(F)
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.
(G.)
Any person who has failed to renew their private certification within a year of
their certification expiration date shall regain their certification solely by re-
examination. Such re-examination shall include the required core exam and
commodity exams for which certification was previously held. Persons who have
failed to renew their private certification beyond one year of their certification
expiration date shall regain their certification by both attending the private core
training course and taking the exam for the private core and commodity exams for
which certification was previously held.
(H)
No person under eighteen (18) years of age shall be eligible for certification as a
private applicator.
(I)
Private applicators shall cooperate with the Department requests to observe
spraying operations, to inspect equipment, to inspect pesticide related records, to
inspect pesticide storage area and to conduct pesticide related sampling.
(J)
The Director may deny certification or may suspend, revoke, or otherwise modify
a certification 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 provisions of the
Rhode Island Pest Control Act or regulations promulgated thereunder;
(3)
that the applicant or certificate holder uses or applies a pesticide,
excluding pesticides for which an EPA experimental use permit had been
issued, which as not been duly registered under the provisions of §23-25-
6.
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RULE 12.
STANDARDS OF COMPETENCY FOR PRIVATE APPLICATORS
Private applicators must show that he or she possesses a practical knowledge of the pest
problems and pest control practices associated with his or her agricultural operations;
proper storage, use, handling and disposal of the pesticides and containers; and his or her
related legal responsibility appropriate to 40 CFR 171.5(a). This practical knowledge
includes the ability to:
(A)
Recognize common pests to be controlled and damage caused by them.
(B)
Read and understand the label and labeling information including the common
name of pesticides they applied; pest(s) to be controlled, timing and methods of
application; safety precautions; and pre-harvest or re-entry restriction; and any
specific disposal procedures.
(C)
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.
(D)
Recognize local environmental situations that must be considered during
application to avoid contamination.
(E)
Recognize poisoning symptoms and procedures to follow in case of a pesticide
accident.
RULE 13.
PESTICIDE REGISTRATION
(A)
No out-of-state manufacturer, producer, or distributor shall offer a pesticide for
(Retail) sale in Rhode Island through mail order catalogues, direct mail, electronic
or other media or advertising without first registering that pesticide according to
the provisions of Rhode Island General Laws §23-25-6.
(B)
Pesticide products which have the same formula, the same EPA registration
number, are manufactured and distributed 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.
(C)
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, they must register the pesticide product as a new product
whether or not it receives a new EPA registration number.
Page 22 of 46
RULE 14
EXPERIMENTAL USE PERMITS
(A)
Any person who intends to use a pesticide, for which an experimental use permit
had been issued by EPA pursuant to Section 5(a) or FIFRA, in Rhode Island,
shall, prior to its shipment to and/or use in Rhode Island notify the Director of
their intent and shall apply for permission to do so. The applicant shall supply the
Director with the following information:
(1)
Type of product
(2)
Name of product
(3)
Name and address of permittee
(4)
Active ingredient name and percentage
(5)
Inert ingredient percentage
(6)
Experimental permit no.
(7)
Complete label and labeling
(8)
Amount to be used
(9)
Names and addresses of applicators involved
(10)
Application sites or locations
(11)
Efficacy, and/or toxicological studies or data
(12)
Such other information as the Director deems necessary to protect public
and the environment
(B)
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 15.
CERTIFICATION DOCUMENTS
(A)
Certified Commercial Applicators
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(1)
Commercial applicators may be issued certification documents only after
they have paid the required fee and successfully complied with the
procedure set forth in RULE 9.
(2)
The Director shall issue a wallet size certification document with the
following information:
(a)
applicator’s name,
(b)
address,
(c)
certification number,
(d)
expiration date,
(e)
categories of certification,
(f)
place for applicator’s signature.
(3)
The wallet size document shall be on the applicator’s person at all times
when applying a general use, “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.
(B)
Certified Private Applicators
(1)
Private applicators may be issued certification documents only after they
have paid the required fee and have successfully completed the procedure
set forth in RULE 12
(2)
The Director shall issue a wallet size certification document with the
following information:
(a)
applicator’s name,
(b)
address,
(c)
certification number,
(g)
expiration date,
(h)
categories or certification,
(i)
limitations,
Page 24 of 46
(j)
place for applicator’s signature.
(3)
The wallet size document shall be on the applicator’s person at all times
they are using a general use, “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.
(C)
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 “restricted use pesticides” 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 16.
MAINTENANCE OF PESTICIDE CERTIFICATION AND
LICENSING
(A)
All licensed and certified pesticide applicators are required to maintain
competency in the use and application of pesticides. Every five years from the
date of their license or certification, licensed and certified applicators must
demonstrate competency by either re-examination, or by accruing the required
number of credit hours through continuing education as specified for each license
and certification in Section B of this Rule in order to:
(1)
ensure that they continue to meet the requirements of changing
technology, covering uses for which they are certified or licensed;
(2)
assure that they maintain a continuing level of competence and ability to
use pesticides safely and properly covering uses for which they are
certified or licensed; and
(3)
acquaint them with changes in Federal and State regulations.
(B)
Credit Hours – A standard number of credit hours will be required within every
five years beginning from the date the applicators receive their initial license or
certification in order for an applicator to maintain their license or certification as
an applicator of pesticides. Recertification credits must be obtained by attendance
at a Department approved training program. The total number of recertification
credits required for each license or certification category are as follows:
(1)
Private Certification – Six (6) Credit Hours every five years.
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(2)
Commercial License – Eight (8) Credit Hours every five years.
(3)
Commercial Certification – Eight (8) Credit Hours Per Category every
five years.
One credit hour equals fifty (50) consecutive minutes of continuing education
training.
(C)
Standard for Continuing Education – The following standards will assist the
licensed or certified pesticide applicator in selecting an appropriate program and
the provider of education in planning and implementing continuing education
programs. The over-riding consideration in determining whether a specific
program qualifies as acceptable continuing education is that it be a planned
program of learning which contributes directly to the professional competence of
a licensed pesticide applicator.
(1)
Amount
(a)
Fifty (50) consecutive clock minutes is equivalent to one credit
hour.
(b)
One continuing education credit unit (CEU) equals ten credit
hours.
(c)
One semester hour equals fifteen (15) credit hours.
(2)
Continuing Education Provider Standards
(a)
Course Objectives: Objectives shall be written and be the basis for
determining content, learning experience, teaching methodologies,
and evaluation.
(b)
Subject Matter: Appropriate subject matter for continuing
education purposes shall include, but not be limited to, one or more
of the following:
(i)
Applicable State and Federal Laws and Regulations;
(ii)
Integrated Pest Management;
(iii)
Non-chemical Alternatives;
(iv)
Ground Water or Surface Water Protection;
(v)
Endangered Species;
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(vi)
Pesticide Impact on Human Health;
(vii)
Pesticide Impact on beneficial insects, fish, birds and
wildlife
(viii) Label and Labeling Comprehension;
(ix)
Acute and Chronic Toxicity;
(x)
Biological Control;
(xi)
Subject matter which improves competency and is not
specified on the foregoing list.
(c)
Employees orientation or in-service presentations concerning
standard operating procedures specific to the employing agency
shall not be accepted for continuing education purposes.
(d)
Subject matter shall be described in outline form and shall include
course objectives, content, time allotment, faculty and evaluation
format.
(e)
Continuing Education providers must notify the Department a
minimum of fourteen (14) days in advance of offering credit hours,
location(s) and contact persons.
(3)
Method of Obtaining Credit Hours: workshops, lectures and seminars
provided by trade associates, companies, and educational institutes are
acceptable for obtaining continuing education credit hours. Continuing
education credit hours may also be obtained from an academic institution,
a self-study or correspondence course, and for teaching and/or publishing
activities provided the following standards are adhered to:
(a)
Academic Course: The course must be within the framework of a
curriculum that leads to an academic degree in entomology,
botany, plant pathology, agriculture, pest control, toxicology,
public health or is relevant to pesticide use, or any course within
that curriculum that is necessary to an individual’s professional
growth and development.
(b)
Self-Study or Correspondence Course: The course must:
(i)
be developed by a professional group which is a pesticide
related educational corporation or professional association;
Page 27 of 46
(ii)
follow a logical sequence;
(iii)
involve the student by requiring active response to module
materials and providing feedback;
(iv)
contain a test to indicate progress and verify completion of
module; and
(v)
supply a bibliography for continued study.
(c)
Teaching or Publication: Continuing education hours may be
earned by teaching a particular course, seminar series, or workshop
for the first time, delivering a paper or lecture, or publishing an
article or book in pesticide use. As provided above, a course,
seminar, or book may be considered for up to nine (9) continuing
education hours; a published article may be considered the
equivalent of up to five (5) credit hours; and a lecture or paper may
be considered the equivalent of up to three (3) credit hours.
(4)
Education Methods
(a)
Learning experiences and teaching methods should be appropriate
to achieve the objectives of the program.
(b)
Principles of adult education should be considered in the design of
the program.
(c)
Time allotted for each activity should be sufficient for the student
to meet the objectives of the program.
(5)
Faculty Qualifications – Faculty should be familiar with the principles of
adult education and should provide documentation to the provider/student
illustrating competency in the content of the planned learning experience.
(6)
Evaluation
(a)
Provision may be made for evaluating the participant’s attainment
of the stated student objectives/outcomes.
(b)
Participants may be given the opportunity to evaluate faculty,
learning experiences, instructional methods, facilities and
educational resources used for the offerings/programs.
Page 28 of 46
(7)
Specific Conditions Regarding Continuing Education Requirements
Certified or Licensed applicators taking courses for the purposes of obtaining a
baccalaureate or higher degree in the biological sciences may meet the continuing
education requirements specified in this section provided such courses equal at
least the required number of hours and content of course(s) be related to pesticide
or pest management topics. Other academic degree programs may qualify at the
discretion of the Department. Individuals must submit copies of course transcripts
to the Department to verify proof of attendance before continuing education credit
is granted.
(D)
Licensed and certified applicators who successfully complete such a training
program, as outlined in paragraph (A), shall be issued a certificate of attendance, a
copy of which will be filed with the applicators records.
(E)
Licensed and certified applicators who fail to satisfy the continuing education
requirements as required in paragraph (A), shall be required to attend the
appropriate core and/or category training sessions, and re-take another
examination before their certification or license may be renewed.
RULE 17.
COMMERCIAL APPLICATOR LICENSES
(A)
1.
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.
2.
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 commercial applicator’s license or certification, except that person
shall not be required to provide separate financial responsibility as
specified in RULE 22.
(B).
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,
including but not limited to storage and disposal procedures for pesticides and
pesticide containers.
(C)
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.
Page 29 of 46
(D)
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;
(E)
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 10.
(F).
A person shall not be determined qualified for licensing until such person passes
the required examinations as provided by paragraph (E) of this Rule.
(G)
No person under eighteen (18) years of age shall be eligible for licensing or
eligible to apply pesticides under the direct supervision of a licensed or certified
applicator.
(H)
Licensed Commercial applicators shall cooperate with the Department requests to
observe spraying operations, to inspect equipment, to inspect pesticide related
records, to inspect business premises and to conduct pesticide related sampling.
(I).
The Director may deny licensing or may suspend, revoke, or otherwise modify a
license once issued for reasons including the following:
(1).
That the applicant made a false or misleading statement in the application
for licensing;
(2)
That the applicant or license holder has violated any provisions of the
Rhode Island Pest Control Act or regulations promulgated thereunder;
(3)
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 22.
(4).
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.
(J)
Commercial applicators who, in any year, fail to file a renewal application, even
though they did not receive a mailed renewal application, prior to their license
expiration date, shall lose their commercial license as of sixty (60) days after the
date of expiration, and prior to the sixty (60) day date shall be notified in writing
of impending license loss. Applicators losing their licenses due to failure to renew
shall regain licensing under these regulations by:
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(1.)
Re-examination within a year of their license expiration date. Such re-
examination shall include the required core exam and if deemed necessary
the practical exam for which their license was previously held, or
(2.)
Attending the training course(s) and taking the exam for the commercial
core and any practical exams for which their license was previously held,
if they have failed to renew their license beyond one year of their license
expiration date.
RULE 18.
DEALER LICENSES
(A)
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.
(B)
Application for licensing shall be filed with the Department, and shall contain
such information as the Director may require.
(C)
A fee of $30.00 shall be charged to the issuance of the initial license and at the
time of each annual renewal.
(D)
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.
(E)
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 the State and Federal laws governing his sale, storage and distribution of
“state limited use” and “restricted use” pesticides.
(F)
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 (E) of this rule.
(G)
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.
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(H)
No person under eighteen (18) years of age shall be eligible for licensing as a
dealer, nor shall they be engaged in the sale and distribution of “restricted use” or
“state limited use” pesticides.
(I)
Licensed Dealers shall cooperate with the Department requests to inspect
pesticide related records, to inspect business premises and to conduct pesticide
related sampling.
(J)
The Director may deny licensing or may suspend, revoke or otherwise modify a
license once issued for reasons including the following:
(1)
That the applicant made a false or misleading statement in the application
for licensing.
(2)
That the applicant or license holder has violated any provision of the
Rhode Island Pest Control Act, any applicable Federal Statues, or
regulations promulgated thereunder.
RULE 19.
GENERAL RULES
(A)
Pesticide Anti-Siphon. All pest control equipment using pesticides and drawing
water from the surface waters of the State or from potable water supplies shall
have an effective anti-siphon device approved by the Director to prevent back
flow.
(B)
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.
(C)
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.
(D)
No restricted use or “state limited use” pesticide shall be applied to woodland
areas exceeding 25 acres without the prior approval of the Director.
(E)
Pesticide applications to areas adjacent to crops or pasturage shall be such that
contamination of crops or pasturage does not occur.
(F)
Pesticide application for agricultural purposes shall be such that contamination to
adjacent lands does not occur.
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(G)
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.
(H)
No application of pesticides by means of aircraft shall be made within the State
without prior approval of the Director or his designated representative.
(I).
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.
(J).
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.
(K).
Pesticide dealers displaying “restricted use” or “state limited use” pesticides, shall
display such pesticides in an area separate from general use pesticides.
(L).
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.
(M).
No pesticide may be distributed if part or all of the label is missing, unreadable, or
otherwise damaged beyond recognition.
(N)
No pesticide may be distributed in containers which are unsafe due to corrosion,
leakage, spillage, or other damage.
(O)
No person(s) under the age of eighteen (18) years of age shall apply “restricted
use” or “state limited use” pesticides as a private or commercial applicator.
Except that; farms that can demonstrate and provide written documentation of a
hardship situation acceptable to the Department will allow an immediate family
member between the ages of sixteen (16) and eighteen (18) years to obtain a
private certification as long as the member has attended the required pesticide
applicator training; passes the required examinations and satisfies the private
certification licensing requirements.
(P)
No person under the age of eighteen (18) shall apply general use pesticides as a
commercial or private applicator except:
1.
Farm employees sixteen (16) years of age or older may apply general use
pesticides only under the direct supervision of a private applicator.
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2.
Immediate farm family members sixteen (16) years or older may apply
general use pesticides only on their parents farm without the supervision
of a private applicator.
(Q)
No person other than a licensed or certified commercial applicator shall apply
pesticide within any building or on the grounds of any school, and no pesticide
shall be applied in any building or on the grounds of any school during regular
school hours or during planned activities at any school. This subsection shall not
apply to the use of germicides, disinfectants, sanitizers, deodorizers, antimicrobial
agents, insecticidal gels, non-volatile insect or rodent bait in a tamper resistant
container, insect repellants, the application of a pesticide classified by the United
States Environmental Protection Agency as an exempt material under 40 CFR
part 152.25, a pesticide application by public health officials during a state public
health emergency or the emergency application of a pesticide to eliminate an
immediate threat to human health, where it is impractical to obtain the services of
a licensed or certified applicator; provided the application does not involve a
restricted use or state limited use pesticide.
(R)
No person shall apply “restricted use” pesticides or “state limited use” pesticides
in or around school property of grades preschool through twelve (12) at any time
(without prior written approval from the school administration and Department of
Environmental Management.)
This subsection is not applicable to pesticide applications by public health officials during a state
public health emergency. In addition this subsection shall not apply to emergency situations
where children’s health and well being are at risk, such as stinging insects, poisonous plants or
other known life or health threatening pests.
(S)
No person shall make an application of Tributyltin antifouling paint unless
applied:
(1)
by a commercial applicator certified in category 5B.
(2)
within a commercial boatyard; and
(3)
to vessels which exceed twenty-five meters (82.02 feet) in length or which
have aluminum hulls.
(T) No person shall use or otherwise possess any pesticide in any rodent control bait
box unless:
(1)
The bait box is secured against tampering when placed in areas accessible
to pets or persons under eighteen (18) years of age; and
(2)
The bait box has attached to it or contained therein a readable label with
the following information about the pesticide contained therein:
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(i)
Brand or trade name;
(ii)
EPA registration number;
(iii)
Name and percentage of active ingredients in the bait box; and
(iv)
Appropriate signal word; that is, “Danger-Poison”, “Warning”, or
“Caution”, as stated on the pesticide label.
(v)
Name, address, and phone number of the pest control company
placing the bait box.
(3)
For the purposes of interpretation of (1) above, a bait box shall be
considered secured against tampering when:
(i)
It has met the standards for tamper proof/tamper resistant bait
boxes as outlined by EPA; or
(ii)
The bait box containing the pesticide is in a secure storage area; or
(iii)
The bait box is at the actual physical location and under the direct
observation of a pesticide applicator.
RULE 20.
RECIPROCITY
(A)
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.
(B)
Applicants for reciprocal certification must complete all requirements of
the Director relative to certification with the exception of taking the written
examination.
(C)
All grantees of reciprocal certification shall be responsible for and bound by the
provisions of the Rhode Island Pest Control Act, the rules and regulations adopted
thereunder, and of any lawful order of the Director.
(D)
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.
(E)
Reciprocal certification shall only remain in effect as long as certification is
maintained in the resident state.
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(F)
Reciprocal certification documents shall bear a notation distinguishing them from
other certification documents.
RULE 21.
FINANCIAL RESPONSIBILITY
(A)
Each applicant for commercial applicator licensing shall show proof of financial
responsibility to consist of either:
(1)
A performance bond drawn payable to the State of Rhode Island in the
amount of $20,000 per job, or
(2)
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 or pollution liability) - $25,000
(B)
Each applicant for commercial applicator certification shall show proof of
financial responsibility to consist of either:
(1)
A performance bond drawn payable to the State of Rhode Island in the
amount of $50,000 per job, or
(2)
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 or pollution liability) - $50,000
(C)
Each applicant for commercial applicator certification in Category 7(c)
Fumigation shall show proof of financial responsibility to consist of either:
(1)
A performance bond drawn payable to the State of Rhode Island in the
amount of $100,000 or
(2)
The following minimum insurance coverage:
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Comprehensive General Liability:
Bodily Injury Liability - $100,000 each occurrence
- $300,000 Aggregate
Property Damage Liability (Including completed operations and
chemical or pollution liability) - $100,000
(D)
Each applicant for commercial applicator licensing or certification, who applies
pesticides aerially, shall show proof of financial responsibility to consist of either:
(1)
A performance bond drawn payable to the State of Rhode Island in the
amount of $100,000, or
(2)
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 or pollution liability) - $100,000
(E)
Financial responsibility required by paragraphs (A) – (D), where appropriate,
shall not be required of persons whose pesticide application activities are part of
their duties as governmental employees.
RULE 22.
STANDARDS FOR SUPERVISION OF NON-CERTIFIED
APPLICATORS BY CERTIFIED PRIVATE AND COMMERCIAL
APPLICATORS
(A)
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.
(B)
The availability of certified applicators must be directly related to the hazard of
the situation.
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(1)
No general-use pesticide shall be applied by non-certified or un-licensed
applicators for hire without the direct supervision of a certified or licensed
commercial applicator. No restricted use pesticide shall be applied by an
un-licensed or non-certified applicator without the direct supervision of a
certified private or commercial applicator. Direct supervision means the
on-site supervision of any pesticide application by an appropriately
certified or licensed applicator who is responsible for such application and
is capable of dealing with emergency situations which might occur,
pursuant to the provisions of these regulations.
(2)
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.
(3)
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.
Synthetic Pyrethoids
RULE 23.
TURF MANAGEMENT AND LAWN CARE
(A)
Definitions – Unless defined in Rule 4 or the context clearly indicates otherwise,
the following terms shall have the following meanings as they are applied to turf
management and lawn care:
(1)
Homeowner shall mean the owner or occupant of a private single family
residence or the manager of a multi-unit dwelling.
(2)
Applicator shall mean the individual or company providing lawn care
services.
(3)
Immediate Service Call shall include: 1) customer complaints, 2) lawn
threatening pests – but shall not include regularly scheduled treatments.
(4)
End Use Product shall mean the pesticide(s) as applied and shall not mean
the concentrate.
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(5)
Public Recreation Facilities shall include golf courses, playgrounds,
athletic facilities, school grounds, and parks.
(B)
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 written 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 safety data 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.
(C)
Any contiguous neighbor to a property under an agreement in (B) 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.
(D)
Upon completion of each application, the applicator shall leave written notice at
the property treated containing the following information:
(1)
the product name of the pesticide(s) that were applied to the property and
EPA registration Number.
(2)
a telephone number of the applicator or applicators company.
(3)
the telephone number of the Department of Environmental Management.
(4)
the name of the person(s) certified or licensed by the Department as well
as person(s) applying the pesticide if under the direct supervision of a
certified or licensed commercial applicator who participated in the
planning and execution of the application.
(5)
the applicators certification and/or license number.
(E)
At the time of each application, the applicator shall post signs, as prescribed in (F)
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.
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(F)
Prior to commencing each application of a pesticide, the manager of a public
recreation facility 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 48 hours after
completion of the application. The notice shall list “that pesticides were applied,”
the date of chemical application, contact person and phone number and the areas
treated.
(G)
Signs posted by Commercial Companies 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 ½” high)
Applicator or Company Name
Phone Number of Applicator or Company
Date of Chemical Application
Keep Posted for 48 Hours, or as specified by the label, if more than 48
hours
(no smaller than ¼” letters)
(H)
Each applicator shall make any written material required in this rule readily
available to the Department upon request.
RULE 24.
PESTICIDE AND PESTICIDE RESIDUE STORAGE AND DISPLAY
REQUIREMENTS
The following rules apply to the storage and the display for retail sale and use by private and
commercial applicators of “general use” and “restricted use” pesticides.
(A)
Storage
(1)
When not on display for sale, or in use, all pesticides must be securely stored with
access limited to authorized personnel/individuals only.
(2)
Pesticide storage areas must be identified with appropriate pesticide storage
warning signs.
(3)
Pesticides shall be stored in cool, dry, well ventilated and well-lit rooms or
building insulated to prevent freezing or overheating as well as protection from
direct rainfall and flooding. The area shall be locked to prevent entry by children
or unauthorized persons. The storage area shall have lighting so that labels can be
easily read and any leaks quickly detected.
(4)
Pesticide storage areas shall be constructed of rigid materials, shall have no
bottom drains or openings, be impervious to seepage through or leakage to the
surrounding environment so as to prevent contamination to groundwater or
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surface water or to the surrounding environment and capable of containing a
pesticide spill 100% of the largest liquid pesticide container volume.
(5)
Pesticides for sale or distribution, or for use by private or commercial applicators,
as defined in these rules and regulations, in their respective operations shall not be
stored in buildings wholly or partially occupied as private residences, unless that
actual storage area, such as a garage, is structurally separate from that portion of
the building in use as a living area or the location of the storage area does not
present a potential risk of harm, injury, or damage to occupants or the residence(s)
in the building; and the ventilation in the storage area is sufficient to keep fumes
and/or any potential fumes from intruding into the living areas.
In the case of multi-family residences, the location of the storage area must not
present a potential risk of harm, injury, or damage to occupants or the residence(s)
in the building; and the ventilation in the storage area must be sufficient to keep
fumes and/or any potential fumes from intruding into living areas.
(6)
Pesticides may not be stored in buildings used for commercial or industrial
businesses, unless:
(a)
the building meets the requirements for storage of pesticides by the
Director; and
(b)
the storage area is a structurally separate room from those occupied as
routine office work areas, and the ventilation in the storage area is
sufficient to keep fumes and/or any potential fumes from intruding into
occupied areas of the building; or
(c)
in multi-unit commercial establishment or institutions, the location of the
storage area must be structurally separate from other business and must
not present a significant risk of harm, injury, or damage to occupants,
employees, or facilities in the building. The ventilation in the storage area
must also be sufficient to keep fumes and/or any potential fumes from
intruding into occupied areas.
(7)
Pesticides shall not be stored and/or displayed over or adjacent to meat or
vegetable case, other human foods, animal feed or drugs, or in any manner that
may result in contamination of food, feed or clothing. Pesticides intended for sale
or distribution shall only be stored and displayed within a building or fence and
shall not be displayed on sidewalks.
(8)
Pesticides when stored must be separated by type insecticide, herbicide,
fungicide, etc., and in such a manner, which prevents cross contamination. It is
prohibited to offer for sale or distribution pesticide packages and containers that
are torn, punctured, rusted or leaking.
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(9)
“Restricted Use” pesticides must be stored separately from other general use
pesticides or fertilizers to prevent distribution to a non-certified applicator.
(10)
Pesticides must be clearly labeled at all times during storage.
(11)
Pesticides may not be stored with other combustible materials such as gasoline,
kerosene, petroleum products, solvents, or other fuels.
(12)
Pesticides must be stored away from sources of ignition or fire hazard such as
heating equipment, burning, welding, etc.
(13)
Containers of pesticide which have been opened must be properly sealed when
stored.
(14)
Storage of discontinued, banned, or unregistered pesticides:
(a)
Unregistered or banned pesticides, unless subject to federal recall notice
issued by the United States Environmental Protection Agency, must be
returned to the manufacturer, if said manufacturer will accept them, or
disposed of in accordance with the Department’s Rules and Regulations
for Hazardous Waste Management upon cancellation of the state and/or
federal registration or imposition of the ban.
(b)
However, in the event that a manufacturer fails to annually re-register or
voluntarily discontinues the manufacture, distribution and sale of a
pesticide for any reason other than paragraph (14)(a); and the Director has
determined that the pesticide poses no threat to public health or the
environment if used according to label instructions, then said pesticide
may be stored, distributed, or used up within two years from the date of
expiration of it’s state registration. After two years, any remaining stocks
and residues of said pesticide must be disposed of in accordance with
paragraph (14)(a).
(c)
Receipt and storage of unregistered or banned pesticides is prohibited.
(15)
Pesticides may not be stored outdoors except if they are:
(a)
Covered by a roof or tarpaulin, which will keep precipitation off the
pesticides, and placed on pallets or a raised concrete platform above an
impervious surface (e.g. concrete) so as to prevent direct contact with the
soil and stormwater runoff.
(b)
Stored in a manner to prevent freezing and overheating.
(c)
Stored in well-lit areas to provide for easy reading of labels and detection
of leaks or other accidental releases.
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(d)
Secured against entry by an unauthorized person, livestock or wildlife.
(e)
Stored in a manner that prevents damage to packaging or containment
structures from vehicles, and in a manner that prevents access by
unauthorized vehicles.
Pesticides shall be moved indoors in the event of conditions that may result in
freezing, overheating, or incidental exposure to precipitation.
(16)
Spill Response
(a)
Spill containment and clean-up materials shall be furnished at all pesticide
storage areas.
(b)
Spills shall be cleaned upon discovery.
(c)
Spilled materials and migrating materials shall be immediately and
properly contained and disposed of in accordance with pesticide label and
federal and State hazardous waste disposal regulations.
(B)
Display for Sale
Pesticides held for retail sale shall comply with Section (A) and the following requirements:
(1)
Pesticides shall not be displayed or stored with, or in such a manner which could
result, in the event of a spill or leak, in the contamination of food, beverages,
medical supplies or containers, other pesticides, tobacco and its products,
fertilizers, or eating utensils.
(2)
Pesticides must be clearly labeled at all times during display. Unlabeled
pesticides, pesticides without the original label, or pesticides whose labels are
illegible or whose contents have been damaged may not be displayed or offered
for sale.
(3)
General use pesticides on display for retail sale to the general public are exempt
from Section (A)(1) of this rule entitled “Storage” when on retail sales display
shelves or held for sale in a storage area.
RULE 25
TRANSPORTATION OF PESTICIDES
(A)
General Requirements: Accidental spills of pesticides may occur during their
transportation because damage to containers most often occurs during times of loading
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and transport. In order to reduce the risk of such incidents, the following minimum safety
precautions must be used at all times:
(1)
Vehicles transporting pesticides shall comply with United States Department of
Transportation (DOT) regulations for the transportation of hazardous materials
and hazardous wastes, 49 CFR Part 171, at all times.
(2)
Transport from storage and/or mixing areas only the quantity and amounts of
pesticides or tank mixes which may be commonly used during the day’s
operations. Left over or unused pesticides shall be kept secured and locked at all
times or returned to storage facilities at the end of each day.
(3)
Pesticides shall be transported in truck beds, trailers, or vehicle compartments,
which are isolated from drivers and passengers.
(4)
Pesticides shall be transported in their original containers, with the EPA registered
label intact, except that service containers or application equipment are exempt
from this provision. Service containers must be transported as outlined in Section
7 of this rule.
(5)
During transportation, pesticides and their mixes, shall be stored in tightly closed
containers, secured to prevent tipping over or shifting. Pesticides shall not be
transported in open containers.
(6)
Pesticides must not be transported in the same cargo area as food, animal feeds
and food, clothing, or potable water.
(7)
No person shall transport or otherwise possess any pesticide in any service
container, except when in application equipment, unless the service container has
attached to it a readable label with the following information:
(a)
Brand or Trade Name;
(b)
EPA Registration Number;
(c)
Name and Percentage of Active Ingredient(s) in the service container; if a
concentrate, or if the service container contains a dilution, a statement
identifying it as a diluted pesticide and the percentage of the Active
Ingredient.
(d)
Appropriate signal word as stated on the EPA registered label; that is,
Danger-Poison, Warning, or Caution; and
(e)
Name, address, and phone number of the pest control company and/or its
owner.
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(8)
No person shall place or keep any pesticide in any container commonly used for
food, drink, or household products.
(B)
Spill Containment During Transportation:
(1)
Pesticide Applicators shall secure pesticides during transportation to prevent
spillage.
(2)
Each vehicle used to transport pesticides and tank mixes shall have spill
containment materials such as absorptive clay, sand, sawdust or other similar
materials and tools to absorb, remove and clean up spills and leaks. If not required
or stated on the label, any person cleaning up spills shall wear appropriate
personal protective clothing to prevent direct exposure.
(3)
Spilled materials and/or contamination mitigation materials must be properly
contained and secured during transport and must be disposed of in accordance
with the pesticide label and/or Federal and State hazardous wastes disposal
regulations.
RULE 26.
SEVERABILITY
If any provision of these Rules and Regulations, or the application thereof to any person or
circumstances, is held invalid by a court of competent jurisdiction, the validity of the remainder
of the Rules and Regulations shall not be affected thereby.
RULE 27.
SUPERSEDED RULES AND REGULATIONS
On the effective date of these Rules and Regulations, all previous Rules and Regulations, and
any policies regarding the administration and enforcement of Chapter 23-25, known as the
“Pesticide Control Act of 1976” shall be superseded. However, any enforcement action taken by,
or application submitted to, the Department prior to the effective date of these Rules and
Regulations shall be governed by the Rules and Regulations in effect at the time the enforcement
action was taken, or application filed.
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RULE 28.
EFFECTIVE DATE
The foregoing “Rules and Regulations Relating to Pesticides”, after due notice, are hereby
adopted and filed with the Secretary of State this __________ day of _________, 2006 to
become effective twenty (20) days thereafter, in accordance with the provisions of Chapters 23-
25, 42-35, 42-17.1, 42-17.6 of the General Laws of Rhode Island of 1956, as amended.
__________________________________
_____________________
W. Michael Sullivan, Ph.D, Director
Date
Department of Environmental Management
NOTICE OF PUBLIC HEARING __________________________________
PUBLIC HEARING HELD
__________________________________
FILING DATE
__________________________________
EFFECTIVE DATE
__________________________________
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