Section 18 AAC 90.300 - Certification requirements(a) Certification under 18 AAC 90.300 - 18 AAC 90.315 for the applicable category of use described in (c) of this section is required before an individual may (1) use a restricted-use pesticide;(2) supervise the use of a restricted-use pesticide;(3) purchase a restricted-use pesticide, unless that purchase is authorized in writing by a certified applicator for the applicable category of use;(4) act as a restricted-use pesticide dealer;(5) engage in the custom, commercial, or contract use of a pesticide unless that use is application of a general-use pesticide under the direct, on-the-job supervision of a certified applicator certified in the applicable category of use;(6) supervise the custom, commercial, or contract use of a pesticide;(7) act as a pesticide consultant;(8) use or supervise the use of a pesticide at a school unless the pesticide is (A) a general-use antimicrobial pesticide(B) a rodenticide in a tamper-resistant bait station; or(C) an application of silica eel and other ready-to-use paste, foam, or gel; or(9) use or supervise the use of a pesticide at a public place unless the pesticide is an antimicrobial pesticide. (A) a general-use antimicrobial pesticide(B) a rodenticide in a tamper-resistant bait station; or(C) an application of silica eel and other ready-to-use paste, foam, or gel;(b) An individual certified under (a) of this section may use pesticides only in a category of use for which that individual is certified.(c) The department may certify an applicant who meets the requirements set out under 18 AAC 90.305 for one or more of the following categories of use: (1) regulatory pest control: state, federal, or other government employees, or their agency who use pesticides for the control of, pests that are regulated by state or federal law;(2) pesticide consultation and demonstration: individuals who demonstrate to the public the proper use and techniques of application of restricted-use pesticides; those individuals include government employees, extension specialists, or extension agents who use pesticides or who advise, demonstrate, or make pesticide recommendations;(3) agricultural pest control: individuals who apply pesticides, excluding fumigants, to (A) agricultural commodities or properties including greenhouses and nurseries; or(B) the feed, bedding, or bodies of animals;(4) ornamental and turf pest control: individuals who apply pesticides to control pests in the maintenance and production of landscaping, ornamental plants, lawns, and turf;(5) antifouling paint: individuals who apply EPA-registered antifouling paints;(6) aquatic pest control: individuals who apply pesticides to waters of the state;(7) structural pest control: individuals who apply pesticides, excluding fumigants and general-use antimicrobial pesticides, in, on, and around structures and adjacent areas to control pests;(8) public health pest control: individuals who use pesticides in government-sponsored health programs for the control of pests that are regulated by state or federal law: those individuals include environmental health officers, public health nurses, entomologists, and others in a preventive medicine or health care field who use or recommend pesticides for control of pests with medical or public health importance;(9) right-of-way and industrial grounds pest control: individuals who use pesticides to control pests along the rights-of-way of roads, waysides, railroads, airfields, pipelines, or power lines, or at tank farms or industrial sites;(10) mosquito and biting fly pest control: individuals who apply pesticides, excluding aquatic application, to control mosquitoes or biting flies;(11) aerial pest control: pilots of manned or unmanned aircraft who apply pesticides by air;(12) forest pest control: individuals who use pesticides in forests, forest nurseries, or forest seed production;(13) restricted-use pesticide dealer: individuals who distribute or sell restricted-use pesticides;(14) pesticide research: individuals who conduct field research on pesticide use;(15) soil fumigation: individuals who apply fumigants to soil to control pests;(16) non-soil fumigation: individuals who apply fumigants to fumigate anything other than soil;(17) vertebrate pest control: individuals who apply pesticides to control vertebrate animals within one or more of the following categories:(A) full vertebrate pest control: individuals who apply pesticides to control various species of vertebrate animals, whether indoors or outdoors, excluding the use of sodium cyanide ejectors or sodium fluoroacetate collars for predator control;(B) limited vertebrate pest control - rodents: individuals who apply pesticides to control only rodent populations, whether indoors or outdoors;(C) limited vertebrate pest control - predators: individuals who apply sodium cyanide ejectors or sodium fluoroacetate collars for predator control;(18) oilfield biocides: individuals who apply biocides during the process of oil and gas exploration, production, storage, or transport;(19) pesticide technician: individuals who apply general-use pesticides only under the direction of an applicator certified in the appropriate category under (1) - (17) or (20) of this subsection; the certified applicator shall (A) make all decisions related to pest control;(B) be immediately available for consultation by telephone or other means if needed; and(C) before pesticide application, provide written instructions that identify the(i) complete pesticide product name;(ii) EPA registration number of the pesticide;(iii) date of application;(iv) address of the application;(v) method of application;(vi) rate of application;(vii) dilution of the pesticide;(viii) estimated total amount of pesticide product to be applied;(x) site of the application;(xi) name and current certification number of the pesticide technician to apply the pesticide; and(xii) name and current certification number of the certified applicator directing the pesticide application;(20) seed treatment: individuals who apply pesticides to treat seed or plant parts grown and stored for distribution and planting(d) An individual certified under 18 AAC 90.300 - 18 AAC 90.315 shall have a copy of the certification (1) in that individual's possession when conducting an activity described in (a) of this section; or(2) displayed in that individual's place of business.(e) An individual certified under 18 AAC 90.300 - 18 AAC 90.315 shall notify the department within 30 days after a change in (1) the individual's business name or organization of the individual's business; or(2) other information provided in the certification application.(f) Certification under 18 AAC 90.300 - 18 AAC 90.315 may not be transferred.(g) An individual who uses only a general-use pesticide as part of the individual's workplace activity is exempt from the certification requirements of 18 AAC 90.300 - 18 AAC 90.315 if (1) the use is only on property owned or leased by the individual or the individual's employer;(2) the individual's employer is not engaged in the custom, commercial, or contract use of pesticides; and(3) the use is not in a public place or a school except for applications of (A) general-use antimicrobial pesticides;(B) rodenticides in tamper-resistant bait stations; or(C) applications of silica eels and other ready-to-use pastes, foams, or gels.(h) An individual certified as a pesticide technician under (c)(l 9) of this section shall have a copy of the written instructions provided by the directing certified applicator in that individual's possession when conducting an activity described in (a) of this section.Eff. 2/15/98, Register 145; am 3/31/2002, Register 161; am 11/30/2003, Register 168; am 9/30/2007, Register 183; am 10/27/2017, Register 224, January 2018; am 6/18/2023, Register 246, July 2023Authority:AS 41.17.100
AS 46.03.010
AS 46.03.020
AS 46.03.320
AS 46.03.330
AS 46.03.730