§ 23-25-10 - Applicator categories for certification – Standards.

SECTION 23-25-10

   § 23-25-10  Applicator categories forcertification – Standards. – (a) The director shall adopt applicator categories established by EPA byregulation and may establish additional categories and subcategories forcertification necessary for the administration and enforcement of this chapter.Separate subcategories may be specified as to ground, aerial, or manual methodsused to apply pesticides or to the use of pesticides to control insects, plantdiseases, rodents, or weeds. Each category or subcategory shall be subject toseparate testing procedures and requirements; provided, that no person shall berequired to pay an additional fee if that person desires to be certified inmore than one category or subcategory.

   (b) The director, in promulgating regulations under thischapter, shall adopt or prescribe standards of competency for the certificationof applicators which are at least equal to those established by EPA. Thosestandards may relate to the use and handling of pesticides or to the use andhandling of the pesticide or class of pesticides covered by the individual'scertification and shall be relative to the hazards involved. In determiningstandards, the director shall consider the characteristics of the pesticideformulation such as: the acute dermal and inhalation toxicity; the persistence,mobility, and susceptibility to biological concentration; the use experiencewhich may reflect an inherent misuse or an unexpected good safety record whichdoes not always follow laboratory toxicological information; the relativehazards of patterns of use such as granular soil applications, ultra low volumeof dust aerial applications, or air blast sprayer applications; and the extentof the intended use.