[Code of Federal Regulations]
[Title 40, Volume 20]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR171.5]

[Page 241-242]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 171--CERTIFICATION OF PESTICIDE APPLICATORS--Table of Contents
 
Sec. 171.5  Standards for certification of private applicators.

    (a) Competence in the use and handling of pesticides by a private 
applicator will be determined by procedures set forth below. State 
standards must conform and be at least equal to those prescribed herein. 
As a minimum requirement for certification, a private applicator must 
show that he possesses a practical knowledge of the pest problems and 
pest control practices associated with his agricultural operations; 
proper storage, use, handling and disposal of the pesticides and 
containers; and his related legal responsibility.

[[Page 242]]

This practical knowledge includes ability to:
    (1) Recognize common pests to be controlled and damage caused by 
them.
    (2) Read and understand the label and labeling information--
including the common name of pesticides he applied; pest(s) to be 
controlled, timing and methods of application; safety precautions; any 
pre-harvest or re-entry restrictions; and any specific disposal 
procedures.
    (3) Apply pesticides in accordance with label instructions and 
warnings, including the ability to prepare the proper concentration of 
pesticide to be used under particular circumstances taking into account 
such factors as area to be covered, speed at which application equipment 
will be driven, and the quantity dispersed in a given period of 
operation.
    (4) Recognize local environmental situations that must be considered 
during application to avoid contamination.
    (5) Recognize poisoning symptoms and procedures to follow in case of 
a pesticide accident.
    (b) Such competence of each private applicator shall be verified by 
the responsible State agency through the administration of a private 
applicator certification system which ensures that the private 
applicator is competent, based upon the standards set forth above, to 
use the restricted use pesticides under limitations of applicable State 
and Federal laws and regulations. A certification system shall employ a 
written or oral testing procedure, or such other equivalent system as 
may be approved as part of a State plan.
    (1) In any case where a person, at the time of testing for 
certification, is unable to read a label, the responsible State agency 
may employ a testing procedure, previously approved by the 
Administrator, which can adequately assess the competence of such person 
with regard to all of the above standards. Certification must be related 
and limited to the use and handling of each individual pesticide for 
which he desires certification at any time. Therefore, the applicator 
will be authorized to use only the pesticide(s) for which he has 
demonstrated competence. A specific procedure is required for 
Sec. 171.5(a)(2) relating to label comprehension, with testing designed 
to assure his knowledge of the following:
    (i) Understanding of the label and labeling information including 
those items indicated in that subsection.
    (ii) Sources of advice and guidance necessary for the safe and 
proper use of each pesticide related to his certification.
    (2) [Reserved]