TITLE 355 STATE CHEMIST OF THE STATE OF INDIANA
Final Rule
LSA Document #06-63(F)
DIGEST
Adds
355 IAC 4-0.5-1.5 to establish a definition of certification for pesticide applicators. Amends
355 IAC 4-1-1.1 concerning commercial applicators and licensing. Amends
355 IAC 4-1-2.1 to clarify the initial pesticide applicator certification requirements for commercial applicators. Amends
355 IAC 4-1-3 to clarify the scope and description of existing commercial applicator certification and licensing categories. Amends
355 IAC 4-1-4 to clarify the initial pesticide applicator certification requirements for private applicators. Effective 30 days after filing with the Publisher.
Authority:
IC 15-3-3.6-4;
IC 15-3-3.6-5
Sec. 1.5. "Certification" means the status achieved by an individual who has demonstrated competency in a particular category by having met the certification requirements established for that category. Certification shall:
(1) be assigned to the individual; and
(2) not be impacted by that individual's employment status.
(State Chemist of the State of Indiana; 355 IAC 4-0.5-1.5; filed Jan 30, 2007, 9:49 a.m.: 20070228-IR-355060063FRA)
355 IAC 4-1-1.1 Commercial applicators; licensing
Authority:
IC 15-3-3.6-4;
IC 15-3-3.6-5
Sec. 1.1. (a) An individual who is employed as a licensed applicator by more than one (1) business or agency at the same time shall hold separate and distinct licenses for each employer and shall pay all applicable license fees.
(b) (a) Completing the certification requirements as a commercial applicator (
IC 15-3-3.6-2(7)) shall be a qualifying requirement for each of the licenses defined in
355 IAC 4-0.5.
(b) An individual who is employed as a licensed applicator at more than one (1) business location or agency at the same time shall:
(1) hold separate and distinct licenses for each employer; and
(2) pay all applicable license fees.
(State Chemist of the State of Indiana; 355 IAC 4-1-1.1; filed Nov 21, 1984, 3:33 p.m.: 8 IR 331; filed Nov 22,1999, 3:39 p.m.: 23 IR 777; readopted filed Nov 21, 2001, 10:17 a.m.: 25 IR 1269; filed Jan 30, 2007, 9:49 a.m.: 20070228-IR-355060063FRA)
355 IAC 4-1-2.1 Commercial applicators; certification standards and procedures
Authority:
IC 15-3-3.6-3;
IC 15-3-3.6-4;
IC 15-3-3.6-5
Sec. 2.1. (a) Initial certification of commercial applicators shall be by written closed book examinations as set forth in subsections (b) and (c). developed by the state chemist. The minimum passing score on all examinations administered by the state chemist shall be seventy-five percent (75%) unless another minimum passing score has been established by the state chemist after consideration of the recommendations of the standards committee described in subsection (d). (c).
(b) Except for applicators in category 12 and category 13, each certified commercial applicator shall have passed a core examination and a category or combined core and category examination. covering, at a minimum, subject matter and standards that have been identified to the state chemist by the standards committee described in subsection (d). These subject matter and standards shall be published as part of the state chemist's plan for certification of applicators that is filed with the United States Environmental Protection Agency.
(c)
For each examination, the state chemist shall
appoint a separate standards committee to develop
the certification
examinations covering subject matter and standards.
identified to the state chemist by the standards committee. Members of this committee shall
be appointed by the state chemist and shall include, at a minimum, individuals representing the following:
(1) The state chemist.
(2) The Purdue University cooperative extension service.
(3) The largest pesticide user groups covered by that category. of commercial applicators who will take the examination.
A separate standards committee shall be assembled for each examination, but an individual shall be allowed to serve on more than one (1) committee.
(d) Initial certification shall remain in force from the date of passing the examination through December 31 of the fourth year following the year during which the examination was passed unless revoked or suspended.
(e) No examination may be attempted more than three (3) times in any twelve (12) month period. The twelve (12) month period shall commence on the date that the first exam examination failure occurs.
(f) The state chemist shall specify examination procedures that must be followed by any individual taking the exam shall not consult notes, training materials, books, or any other prohibited materials during the examining period. There shall be no unauthorized talking during the examining period. All an examination. Materials shall be turned in to the examination proctor following the examining session. Failure to comply with these or other specified examination procedures or any unauthorized assistance provided by or received by an individual during the examining period shall be cause for immediate termination of the examining process for all involved individuals and no additional opportunity to take any examinations shall be provided to the involved individuals for a period of five (5) years.
(State Chemist of the State of Indiana; 355 IAC 4-1-2.1; filed Nov 21, 1984, 3:33 p.m.: 8 IR 331; filed Nov 22, 1999, 3:39 p.m.: 23 IR 777; readopted filed Nov 21, 2001, 10:17 a.m.: 25 IR 1269; filed Jan 30, 2007, 9:49 a.m.: 20070228-IR-355060063FRA)
355 IAC 4-1-3 Commercial applicators; categories of certification and licenses
Authority:
IC 15-3-3.6-4;
IC 15-3-3.6-5
Sec. 3. Commercial applicators shall be certified and licensed in one (1) or more of the following categories:
(1) Category
1a. 1. Agricultural pest
control (plant). management. This category includes individuals using or supervising the use of pesticides
on noncrop agricultural lands, such as pastures, or in production of agricultural crops, including, but not limited to,
the following:
(A) feed Grains.
(B) corn;
(C) (B) Soybeans and oil seed. and
(D) (C) Forage. as well as on grasslands and noncrop agricultural lands;
(D) Vegetables.
(E) Fruits.
(F) Nuts.
(2) Category 1b. Agricultural pest control (animal). This category includes individuals using or supervising the use of pesticides other than fumigants and pesticides for the control of wood destroying pests on livestock as defined in IC 15-2.1-2-27 and IC 15-2.1-2-15, and poultry or structures on or in which these animals are confined.
(3) Category 1c. Vegetable, fruit, and nut production pest control. This category includes individuals using or supervising the use of pesticides in production of:
(A) vegetables;
(B) fruits; and
(C) nuts.
(4) (2) Category 2. Forest pest control. management. This category includes individuals using or supervising the use of pesticides in forests or forest nurseries.
(5) (3) Category 3a. Ornamental pest
control. management. This category includes individuals using or supervising the use of pesticides
in the maintenance and production of on ornamental plants
and related areas such as the following:
(A) Driveways.
(B) Sidewalks.
(C) Residential parking areas.
(D) Landscape beds.
(E) Fence lines.
(6) (4) Category 3b. Turf pest
control. management. This category includes individuals using or supervising the use of pesticides
in the maintenance and production of on turf and
turf related areas such as
the following:
(A) Driveways. and
(B) Sidewalks.
(C) Residential parking areas.
(D) Landscape beds but not ornamental plantings within the beds.
(E) Fence lines.
(F) Riprap.
This category does not include the use of pesticides applied for the purpose of managing pests to prevent infestation of a structure.
(7) (5) Category 4. Seed treatment. This category includes individuals using or supervising the use of pesticides on seed stocks for the purpose of controlling managing pest organisms that are anticipated to attack the plant or germinating seed.
(8) (6) Category 5. Aquatic pest
control. management. This category includes individuals using or supervising the use of pesticides purposefully applied to
any of the following:
(A) Standing or running water. or
(B) Wetlands.
(C) Related areas such as riprap.
(9) (7) Category 6.
Right-of-way pest control. Industrial weed management. This category includes individuals using or supervising the use of pesticides in the maintenance of
public or private:
(A) public roads;
(B) utility rights-of-way;
(C) pipelines;
(D) railway rights-of-way;
(E) parking lots;
(F) ditch banks; or
(G) riprap;
(H) fence lines;
(I) restoration areas; and
(J) substations;
(G) and other similar areas.
(10) (8) Category 7a.
Residential and Industrial, institutional,
structural, and health related pest
control. management. This category includes individuals using or supervising the use of pesticides
other than fumigants and pesticides for
the control management of
wood destroying pests
other than termites in or around
structures such as any of the following:
(A) Human dwellings.
(B) Offices.
(C) Retail establishments.
(B) (D) Farm structures.
(C) (E) Restaurants.
(D) (F) Warehouses.
(E) (G) Institutional establishments. or
(F) (H) Industrial plants; facilities.
(I) Food processing facilities.
except those engaged in the manufacture or processing of food products or ingredients.
(11) (9) Category 7b. Wood destroying pest Termite control. This category includes individuals using or supervising the use of pesticides other than fumigants, in or around structures for the prevention, suppression, or control management of termites and other wood destroying organisms. Certification in this category can also include qualifies individuals who to inspect structures for the purpose of determining the presence or absence of evidence of termites or other wood destroying organisms.
(12) Category 7c. Food processing industry pest control. This category includes individuals using or supervising the use of pesticides, other than fumigants, in or around structures or portions thereof in which food products are manufactured or processed.
(13) (10) Category 7d. Fumigation. Certification in this category includes is required for all individuals using or supervising the use of pesticides that in the gaseous state are designed to kill or repel pests.
(14) (11) Category 8.
Public health pest control Community-wide mosquito management. This category includes governmental employees or other individuals using or supervising the use of pesticides
in public health programs such as: (A) for community-wide mosquito abatement
operations; as defined in 357 IAC 1-11-1(3).
(B) area vertebrate control programs; and
(C) similar area pest control activities;
having health or nuisance significance.
(15) (12) Category 11. Aerial application.
Certification in this category
includes those is required for all individuals who apply pesticides by means of:
(A) fixed wing;
(B) rotary wing;
(C) ultralight aircraft; or
(D) lighter-than-air aircraft.
(13) Category 12. Wood destroying pest inspection. Certification in this category limits individuals to the inspection of structures for the purpose of determining evidence of the presence or absence of termites or other wood destroying organisms. It does not permit these individuals to use or supervise the use of pesticides for hire. The certification requirements for this category shall be determined by the state chemist.
(16) (14) Category LC. 13. Limited certification. This category includes individuals using or supervising the use of a very limited number of specialized pesticides in or on a very limited number of types of sites and situations not adequately covered by other categories listed in this section. This category also can include individuals who only inspect for the purpose of determining the presence or absence of a particular pest or group of pests and the damage caused by those pests, but who neither use nor supervise the use of pesticides nor prescribe or recommend steps for prevention or control of such pests. The requirements for these limited certifications shall be determined by the state chemist. as the state chemist determines to be necessary.
355 IAC 4-1-4 Private applicators; certification requirements
Authority:
IC 15-3-3.6-4;
IC 15-3-3.6-5
Sec. 4.
(a) The requirements for initial certification of private applicators (
IC 15-3-3.5-1(6)) shall be
by written examination as set forth in subsection (b). Minimum passing score on all examinations administered by the state chemist shall be seventy-five percent (75%) unless another minimum passing score has been established by the state chemist after consideration of the recommendations of the standards committee described in subsection (c).
(b) Each certified private applicator shall have passed a private applicator examination or an appropriate commercial applicator examination covering, at a minimum, subject matter and standards that have been identified to the state chemist by the standards committee described in subsection (c) or section 2.1(d) of this rule. the same as those described for commercial applicators in section 2.1 of this rule except that the state chemist shall determine which commercial applicator examination will be considered appropriate for the private applicator's proposed use of pesticides.
(c) The state chemist shall develop the certification examinations covering subject matter and standards identified to the state chemist by the standards committee. Members of this committee shall be appointed by the state chemist and shall include, at a minimum, individuals representing the following:
(1) The state chemist.
(2) The Purdue University cooperative extension service.
(3) The largest pesticide user groups covered by that category of private applicators who will take the examination.
(d) Certification and the permit for private applicators shall remain valid from the date of passing the examination and paying the permit fee through December 31 of the fourth year following the year during which the examination was passed.
(State Chemist of the State of Indiana; 355 IAC 4-1-4; filed Nov 21, 1984, 3:33 p.m.: 8 IR 334; filed Nov 22, 1999, 3:39 p.m.: 23 IR 780; readopted filed Nov 21, 2001, 10:17 a.m.: 25 IR 1269; filed Jan 30, 2007, 9:49 a.m.: 20070228-IR-355060063FRA)
Notice of Intent: April 1, 2006; 29 IR 2254
Proposed Rule: July 1, 2006; 29 IR 3414
Hearing Held: December 20, 2006
Approved by Attorney General: January 21, 2007
Approved by Governor: January 29, 2007
Filed with Publisher: January 30, 2007, 9:49 a.m.
Documents Incorporated by Reference: None Received by Publisher
Small Business Regulatory Coordinator: David E. Scott, State Chemist of the State of Indiana, 175 South University Street, Room A151, West Lafayette, Indiana 47907, (765) 494-1593, scottde@purdue.edu
Posted: 02/28/2007 by Legislative Services Agency
DIN: 20070228-IR-355060063FRA
Composed: May 01,2024 6:10:18PM EDT
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