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 secre- tary 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,