PESTICIDE LAWS and REGULATIONS for Commercial and Public Applicators

PENNSYLVANIA PESTICIDE LAWS AND REGULATIONS for Commercial and Public Applicators

Pesticide Education Program CONTENTS

Learning Objectives...... 1

Overview of Pennsylvania Pesticide Laws and Regulations...... 2

Pennsylvania Pesticide Control Act of 1973, as Amended...... 3

Section 4 to Section 15.1...... 3

Section 16.1 to Section 37...... 4

Worker Protection Standard for Agricultural Pesticides...... 5

Pennsylvania Title 7 Chapter 128 Pesticide Regulations...... 6

Types of Applicators...... 6

Three Groups of Applicators...... 6

When Commercial and Public Certification Are Required...... 7

Becoming and Maintaining a Commercial or Public Applicator Certification...... 8

Pesticide Application Business Licensing Requirements...... 10

Recordkeeping for Pesticide Applications...... 10

Required Notification of Pesticide Applications...... 11

Notification of Hypersensitive Individuals...... 11

Notification of the Application of a Restricted-Use Pesticide...... 11

Notification of Pesticide Applications on School Property (Act 36)...... 12

Notification of Ornamental or Lawn and Turf-Type Applications...... 12

Additional Laws...... 13

The Label Is the Law and So Are a Few Other Things ...... 14

Handling, Transportation, Storage, Use, and Disposal of Pesticides...... 14

Summary...... 15

Review Questions...... 17

Answers to Review Questions...... 19

Appendix...... 21 Pennsylvania Pesticide Laws and Regulations for Commercial and Public Applicators Compiled by Dave Scott, Chief, Division of Health and Safety, Pennsylvania Department of Agriculture

LEARNING OBJECTIVES

• Understand the requirements for commercial and public applicator certification • Understand the requirements for licensing a pesticide application business • Understand the categories of applicator certification • Know the requirements for maintaining applicator certification • Know the special requirements for pesticide applications in daycares and schools • Know the special notification requirements for persons with a documented “hypersensitivity to pesticides” • Know the application recordkeeping requirements • Understand the requirements for prior notification of restricted-use pesticide applications • Understand the requirements for prior notification of general-use pesticide applications • Understand the activities that are prohibited while making pesticide applications • Understand the impact of the federal Worker Protection Standard (WPS) on your activities

PENNSYLVANIA PESTICIDE LAWS AND REGULATIONS FOR COMMERCIAL AND PUBLIC APPLICATORS 1 OVERVIEW OF PENNSYLVANIA PESTICIDE LAWS AND REGULATIONS

Chemical pesticide use has increased over In order to protect public health and time not only in the United States but welfare and prevent adverse effects on the worldwide. The benefits of pesticides to environment, pesticides must be regulated. humans have been demonstrated. They The purpose of the federal and state pesti- have helped control malaria and other cide acts is regulation in the best interest of insect-vectored diseases; increased the yield the public. These laws regulate the labeling, and quality of numerous crops, resulting in sale and distribution, transportation, use more food and fiber for more people; and and application, storage, and disposal of helped control nuisance pests. However, the pesticides. In essence, pesticides are under widescale use and misuse of pesticides is of regulatory scrutiny from the time of their worldwide concern due to associated human inception in the laboratory to their ultimate health and environmental problems. use in the field or their disposal in an ap- Both the U.S. Congress and the Penn- proved manner. With the possible exception sylvania legislature have enacted legislation of human and veterinary drugs, no other that regulates the production, transporta- class of chemicals receives such extensive tion, sale, use, and disposal of pesticides. testing in the United States prior to being The major federal laws are the Federal registered and marketed. Insecticide, Fungicide, and Rodenticide The following sections provide impor- Act (FIFRA) and the Worker Protection tant details of the Pennsylvania Pesticide Standard (WPS). The major state laws are Control Act of 1973, as Amended; the the Pennsylvania Pesticide Control Act of Worker Protection Standard; the Penn- 1973 (Act 24), which became law on March sylvania Title 7 Chapter 128 Pesticide 1, 1974, and fully operational in October Regulations; and Required Notification of 1977. This statute was amended signifi- Pesticide Applications. Please note that the cantly in December 1986 with the passage entire content of these laws and regulations of Act 167 and the supporting regulations are not covered here. Refer to the actual in Title 7 Chapter 128 as amended. Finally, laws and regulations to answer any ques- Acts 35 and 36 of 2002, the School IPM tions. The laws and regulations discussed in and School Notification Acts, were enacted this chapter can be accessed from the Penn in Pennsylvania to provide additional pro- State Pesticide Education Program website, tection for children. extension.psu.edu/pested/laws.

2 PENNSYLVANIA PESTICIDE CONTROL ACT OF 1973, AS AMENDED

The amended Pennsylvania Pesticide wildlife, or pollinating insects or pollute Control Act of 1973 is a companion bill to any water supply or waterway. FIFRA. The state act defines how FIFRA • No person shall operate pesticide appli- and the state statute will be administered cation equipment or devices in a faulty, and regulated. The major aspects of the act careless, or negligent manner. include the following sections. • No individual shall purchase or attempt to Section 4. Definitions purchase a pesticide classified for restrict- This section defines the terms used in this ed use, unless the individual is a certified act, including certified applicator, private applicator. applicator, commercial applicator, public • No one shall refuse to keep and maintain applicator, pesticide application technician, required records on the transportation, and “under the direct supervision of a certi- sale, and use of pesticides. fied commercial or public applicator.” • No person shall engage in the business Section 5.1. Registration of applying pesticides on the lands of Every pesticide used in Pennsylvania must another without first obtaining a current, first be registered with the Pennsylvania valid license pursuant to the provisions of Department of Agriculture (PDA). this act.

Section 7. Determinations: Rules Section 9. Denial, Suspension, and and Regulations; Classified for Revocation of Licenses, Permits, Restricted Use; and Uniformity and Certificates The Secretary of Agriculture is authorized Persons found in violation of the act or its to adopt a list of restricted-use pesticides regulations may have their applicator’s cer- for the Commonwealth. This list contains tification suspended or revoked after being all those pesticides classified by the Envi- given an opportunity to present their views ronmental Protection Agency (EPA) for to the secretary. restricted use and those added by the secretary to protect the health and welfare of the Section 10. Stop Sale, Use, or citizens of the Commonwealth. Removal Order If there is reasonable cause to believe that Section 8. Prohibited Acts a pesticide is being used in violation of the • No one shall deliver or transport within act, the secretary is authorized to stop the Pennsylvania any pesticide unless it is in sale and use of such material. a sound original container with a label attached. Section 12. Pesticide Dealer License • No person shall use, or cause to be used, All pesticide dealers who sell restricted-use any pesticide inconsistent with its pesticides must be licensed and maintain labeling. required records of sales. • No person shall handle, transport, store, Section 15.1. Pesticide Application display, or distribute pesticides in such License manner as to endanger persons or the en- Each business, public utility, government vironment or endanger food, feed, or any agency, etc., applying or contracting for other products that may be transported, the application of pesticides, which meets stored, displayed, or distributed with such the definition of a commercial applicator, pesticides. For example, do not transport must obtain a pesticide application license bags of toxic insecticides on top of a load (business license) for those categories in of livestock feed or store pesticides with which it is doing business. A certified ap- bags of feed. plicator must be employed by the business, • No person shall dispose of, discard, or utility, or agency at all times. Furthermore, store any pesticide or pesticide contain- the business, utility, or agency must provide ers in such manner as to cause injury to evidence of financial responsibility to PDA humans, vegetation, crops, livestock, before a license may be issued.

PENNSYLVANIA PESTICIDE LAWS AND REGULATIONS FOR COMMERCIAL AND PUBLIC APPLICATORS 3 Section 16.1. Standards of on problems relating to the use and applica- Qualifications for Certification of tion of pesticides in the Commonwealth. Commercial Applicators Section 25.1. Additional Regulatory Individuals shall become certified upon the Authority successful completion of a written exami- The secretary shall prepare regulations for nation in basic core knowledge and each the following application situations: category in which the individual desires to become certified. A fee will be charged for • Prior public notification for the aerial the examinations. Attendance at PDA- application of restricted-use pesticides to approved courses will result in the accumu- rights-of-way lation of credits, which will be applied to • Prior notification by commercial applica- recertification requirements. tors to individuals residing in dwellings on lands immediately adjacent to a restricted- Section 16.2. Procedures to use pesticide application site Register Pesticide Application Technicians with PDA • The prohibition of the application of restricted-use pesticides within 100 feet Noncertified employees of any business or of certain publicly owned or designated public agency must be registered as pesticide environmentally sensitive lands application technicians when these employees apply pesticides without a certified Section 29. Criminal Penalties applicator physically present at the application site. This section discusses criminal penalties for unlawful conduct under the act. Section 17.1. Public Applicators Section 30.1. Civil Penalties Persons applying pesticides as employees of any unit of a federal, state, or local govern- This section discusses the civil penalties the ment agency must comply with Sections secretary may assess upon an individual or business. 16.1 and 16.2 of this act. A certification fee will be charged. Section 33. Enforcement Section 20. Reports of Pesticide Pesticide inspectors are authorized to sample Accidents, Incidents, or Loss and examine pesticides or devices on any public or private premises. They may also: Significant pesticide accidents or incidents must be reported. • Have access to inspect pesticide application equipment Section 21. Inspection of Equipment • Inspect lands exposed to pesticides Equipment used for application of pesticides may be inspected. • Inspect storage and disposal areas • Inspect or investigate complaints of injury Section 22. Reciprocal Agreement to humans and land Certification of applicators may be on a • Sample pesticides being applied or to be reciprocal basis with other states. applied

Section 23.1. Temporary Suspensions Section 35. Records The secretary may temporarily suspend a The secretary may require records to be kept license or certificate for just cause. by persons issued a license, certificate, or permit under the act. Section 24. Storage and Disposal of Cancelled Pesticides Section 37. Delegation of Duties Pennsylvania will use the procedures and Exclusion of Local Laws and regulations of the EPA for the safe disposal Regulations or storage of any pesticide that has had its This act and all its various provisions are of registration cancelled. statewide concern and, therefore, involve the whole field of regulation, distribution, Section 25. Pesticide Advisory Board notification of use, and use of pesticides to The governor will appoint members to a Pes- the exclusion of all local regulations and ticide Advisory Board to advise the secretary ordinances.

4 WORKER PROTECTION STANDARD FOR AGRICULTURAL PESTICIDES

The U.S. Environmental Protection • Informing pesticide handlers and early Agency’s (EPA) revised Worker Protection entry workers of pesticide label safety Standard (WPS) establishes regulations information for the protection of agricultural workers • Establishing a centrally located listing from pesticide exposure (40 CFR Part 170). of recent pesticide applications on the The WPS includes requirements designed premises to reduce the risks of illness or injury to agricultural workers and pesticide handlers EPA developed these rules with non- from occupational or accidental exposure to English-speaking workers specifically in pesticides in the production of agricultural mind. Safety warnings, information, and plants on farms, nurseries, greenhouses, and training must be given in “a manner the forests. worker can understand.” The WPS expands the scope of prior Label-specific requirements include worker protection regulations to include statements specifying personal protective workers performing hand labor operations equipment, restricted-entry intervals (REIs), in fields, orchards, nurseries, greenhouses, and (on some pesticide labels) a require- forests, etc., treated with pesticides, as well ment to provide both oral warnings and as employees who handle (mix, load, apply, posting of treated areas. etc.) pesticides for use in these operations. Generic requirements are intended to The WPS rule requires that information eliminate or reduce exposure to pesticides be provided to pesticide handlers and agri- and inform employees about the occupa- cultural workers in the following manner: tional hazards of pesticides. The employer must make sure that employees are provided • Giving notification of a pesticide applica- the following protections: tion and restricted-entry intervals, either orally or by posting or both (All pesticides • Decontamination facilities used on farms, nurseries, greenhouses, • Pesticide safety training and information and forests must have at least a 4-hour restricted-entry interval (REI); others • Notification of pesticide applications and could have up to 48 hours or longer.) information about the pesticide(s) used • Providing pesticide safety training • Clean and maintained personal protective equipment • Placing a pesticide safety poster in an area where it can be easily seen by all workers • Emergency assistance when required and handlers

PENNSYLVANIA PESTICIDE LAWS AND REGULATIONS FOR COMMERCIAL AND PUBLIC APPLICATORS 5 PENNSYLVANIA TITLE 7 CHAPTER 128 PESTICIDE REGULATIONS

As provided for in the amended Pennsyl- Three Groups of Applicators vania Pesticide Control Act of 1973, the • Certified applicator: An individual who Pennsylvania Department of Agriculture has passed the certification examination (PDA or the department) has promulgated and is employed by a licensed application regulations through the years to provide business. A certified applicator can apply for the protection of the public and envi- any time, anywhere in the categories ronment and provide direction to applica- they are certified while working for that tors. These regulations are founded in the business. act and are enforceable. This section will provide a basic review of the regulations, • Registered technician: An individual including the areas where the majority of who has registered with the PDA, the enforcement actions have occurred, but completed required training given by the entire requirements will not be covered. a certified applicator with at least one year of certification, and is employed Types of Applicators by the business requesting registration. The only differences between commercial They can apply pesticides only using the and public applicators are who you work products, methods, and equipment that for and the fee charged. To qualify as a was included in the training and when a public applicator, you must work for the certified applicator is available for routine federal or state government, one of the 14 supervision and can be onsite within five state-owned universities, The Pennsylvania hours or in the case of an emergency. State University, or a county or municipal • Noncertified nonregistered person: government agency. Generally, if the work This individual may participate in appli- vehicle you drive has a blue and white “Of- cations only when a certified applicator is ficial Use” or “Municipal” license plate, you physically present and in visual and voice will qualify as a public applicator. control of the application.

6 WHEN COMMERCIAL AND PUBLIC CERTIFICATION ARE REQUIRED

A person is considered a commercial or pub- • Apartment dwellings: Includes an owner lic applicator who applies or supervises the of an apartment building or an employee use of a restricted-use pesticide on a prop- of an owner who applies a pesticide other erty owned by them or their employer when than a disinfectant to an apartment struc- not applied for the purpose of producing an ture of four or more units. Commercial agricultural product (private applicator) or certification is not required if the owner or who applies or supervises the application employee resides in the apartment struc- of any pesticide on an easement or on the ture and applies general-use pesticides to property or premises of another (other than the unit in which they reside. their employer). This includes the use of a • Schools: Includes a person who uses a pes- pesticide exempted from federal registration. ticide on school property, except for the For the following types or sites of pesti- use of disinfectants and sanitizers within cide applications, certification is required the school building. (School includes for any person who applies or supervises licensed daycare facilities and all K–12 the application of any pesticide (including institutions.) general-use products), even if they own the property where the pesticide is being used: • Swimming pools: Includes a person who uses a pesticide in the care and mainte- • Fumigation: Includes a person who uses a nance of treated spas, swimming pools, fumigant except a person who meets the or water recreation facilities open to the definition of a private applicator. public such as those associated with a • Golf courses: Includes a person who uses public or private park, lodging facilities, a pesticide in the establishment or main- apartments, homeowner associations, etc. tenance of a golf course. The term “swimming pool” excludes the • Public and private parks: Includes a per- following: son who uses a pesticide in a recreational – Disinfectants and sanitizers that are not or campground area of a public or private used for water treatment park. – Bodies of water, such as lakes, ponds, • Educational and research institutions: rivers, or streams Includes a person employed by a public or – The use of a general-use pesticide in the private educational and research facility care and maintenance of a swimming that uses a pesticide in its educational or pool at a private single-family residence research programs. – The use of a general-use pesticide by • Playgrounds and athletic fields: Includes an owner or employee in the care or a person who applies a pesticide to a pub- maintenance of a pool used solely as a lic playground or an athletic field. therapeutic swimming pool

PENNSYLVANIA PESTICIDE LAWS AND REGULATIONS FOR COMMERCIAL AND PUBLIC APPLICATORS 7 BECOMING AND MAINTAINING A COMMERCIAL OR PUBLIC APPLICATOR CERTIFICATION

To become certified, an individual must 5. Forest pest control: The use of a pesti- successfully complete a written, proctored, cide in a forest, forest nursery, or forest closed-book core certification examination. seed producing area. This exam will cover topics of pesticide application that are common to most all types 6. Ornamental and shade trees: The use of pesticide applications: of a pesticide in the maintenance of an ornamental tree, shrub, flower, or other • The appropriate control measures to be ornamental. used, including pesticides 7. Lawn and turf: The use of a pesticide • The hazards that may be involved in in the maintenance or production of applying pesticides so as to protect people lawn and turf. and the environment • Protective clothing and respiratory 8. Seed treatment: The use of a pesticide equipment required during application on seed. and handling of pesticides 9. Aquatic pest control: The use of a • General precautions to be followed in pesticide on standing or running water, cleaning and maintaining of equipment excluding the use of a pesticide in a public-health-related activity described • Transportation, storage, security, and in category 16. disposal of pesticides • Applicable federal and state pesticide laws 10. Right-of-way and weeds: The use of and regulations a pesticide to maintain a public road, an electrical power line, a pipeline, a • Safety requirements when applying railway right-of-way, or a similar type pesticides of area; to control vegetation around a • Labeling and label comprehension structure, such as an oil tank, utility sub stations, an industrial railway siding, Additionally, the individual must an airport, a parking lot, a fence, or an complete at least one additional category industrial building; or for the control of examination that covers the type of an invasive weed species in other areas. applications they will be making: 11. Household and health related: The 1. Agronomic crops: The use of a pesti- use of a pesticide in, on, or around a cide in the production of an agricultural food-handling establishment, a human crop, including tobacco, grain, soy- or nonagricultural animal dwelling, an beans, and forages, and the application institution such as a school or hospital, of a pesticide to noncrop agricultural an industrial establishment, a ware- land. house, a grain elevator, and other types 2. Fruits and nuts: The use of a pesticide of structures whether public or private. in the production of tree fruits, nuts, The application of a pesticide to protect and berries. a stored, processed, or manufactured product is also included. The use of a 3. Vegetable crops: The use of a pesticide rodenticide or avicide is permitted in in the production of vegetables, includ- this category. The use of a pesticide in ing, tomatoes, cabbage, and celery. outdoor perimeter treatments to control 4. Agricultural animals: The use of a pes- pests that may infest the structure is ticide on animals, including beef cattle, included. dairy cattle, swine, sheep, horses, goats, poultry, or other livestock, and to premises where these animals are confined.

8 12. Wood-destroying pests: The use of a 21. Soil fumigation: The application of a pesticide to control or prevent termites, fumigant to a soil environment. powder post beetles, or other wood- destroying pests infesting a residence, 22. Interior plantscape: The use of a pesti- school, hospital, store, warehouse, or cide to control plant pests when the soil other structures; or structural com- or plant to be treated is located within ponents, including wooden objects an enclosed structure. contained in or associated with the 23. Park or school pest control: The use of structure and the area adjacent to those a pesticide in a campground or recre- structures. ational area of a public or private park 13. Structural fumigation: The use of a or on school property. fumigant in or to a structure for the 24. Swimming pools: The use of a pesticide control of pests affecting the structure in the care and maintenance of or its fixtures or inhabitants. swimming pools. 14. Reserved. 25. Aerial applicator: The use of a pesticide 15. Public health vertebrate pest con- applied by aircraft to any crop or land trol: The use of a pesticide to manage area. and control a vertebrate pest, such as 26. Sewer root control: The use of a rodents or birds, affecting public health. pesticide to control vegetative growth 16. Public health invertebrate pest con- in public and private sewage collection trol: The use of a pesticide to manage and distribution lines. and control an invertebrate pest affect- Once certified, applicators are required ing public health. to complete continuing education classes 17. Regulatory pest control: The use of every three years. All applicators must a pesticide to control an organism obtain three hours or six credits of core designated by the Commonwealth or training and a varying number of hours/ the federal government to be a pest re- credits for each category they hold ranging quiring regulatory restrictions or control from two to five hours or four to ten credits. procedures to protect humans or the For certifications to remain valid, the environment. applicator also must be employed by a currently licensed and insured pesticide ap- 18. Demonstration and research pest con- plication business. If the applicator termi- trol: The use of a pesticide to demon- nates employment, they should contact the strate to the public the proper method Pennsylvania Department of Agriculture of application for a pesticide and the and provide information about their new use of a pesticide in research such as employer or request their certification be that undertaken by an extension spe- placed in “escrow” where it can be held cialist, county educator, or vocational indefinitely as long as the certification re- agriculture teacher. quirements are met. Applicators with their certifications in escrow are not permitted 19. Wood preservation: The use of a pesti- to make any pesticide applications where cide in wood impregnation to control or certification would be required. prevent fungi, insects, bacteria, marine Should a certification lapse due to a borers, and other wood-destroying pests nonpayment of fees or lack of recertifica- and includes pole treating or restoration tion credits, the applicator will be given a and the use of a fumigant for in-place one-year grace period to correct the defi- treatment of utility poles. ciency and have their affected certification 20. Commodity and space fumigation: The reinstated. Pesticide applications are not use of a fumigant in or to a structure, permitted with a lapsed certification. If the trailer, railcar, onboard ship, or in any deficiency is not corrected within one year, type of fumigation chamber, such as un- the certification will expire and retesting der a tarpaulin for the control of pests will be required to reactivate the expired in stored or in-transit commodities. category or certification.

PENNSYLVANIA PESTICIDE LAWS AND REGULATIONS FOR COMMERCIAL AND PUBLIC APPLICATORS 9 PESTICIDE APPLICATION BUSINESS LICENSING REQUIREMENTS

Businesses are required to be licensed is required for each commercial business whether the applications requiring certifica- that operates under a different name and at tion are made for profit or not. A pesticide each location they operate. If the business application business is required to maintain allows the certificate of financial security to an active license with PDA. The license lapse or the license to expire for any reason, expires annually on December 31. The busi- then the business must cease all application ness must submit an application to PDA, activities. Businesses must also notify PDA employ at least one currently certified appli- in writing within 15 days of any changes in cator, provide proof of current financial se- their license application, such as hiring or curity (usually a certificate of insurance that termination of an applicator or registered includes “pesticide application coverage”), technician, ownership, name, location, and pay the annual fee. A separate license address, or insurance coverage.

RECORDKEEPING FOR PESTICIDE APPLICATIONS

Businesses and their applicators are required Additional recordkeeping is required to keep records of all pesticide applications for pesticides used in the production of an they make. This record must be completed agricultural commodity: within 24 hours of the application and • Specified field or land area maintained for at least three years. These records must be made immediately avail- • Crop able to the PDA on request and to medical • Size of the treated area personnel in an emergency. The application records must include • For restricted-use pesticides: a copy of the the following information (see the record- record must be provided to the customer keeping sample form in the Appendix). within 30 days • Date of the application and the time • For all applications covered by Worker completed if a there is a reentry time on Protection Standard requirements, the product label customer/applicator information transfer must take place • Name and address of the application site and the name of the customer if it differs from the application site • Brand name, EPA registration number, amount, and rate or dosage of each pesticide used • The names of all persons involved with the application and their certification/ registration numbers

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