W. Va. Code R. § 61-12A-4

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 61-12A-4 - Categorization of Commercial Applicators

4.1. Commercial pesticide applicators who are required to be certified applicators are classified in the categories and subcategories set forth in this section. Public employees required to be certified applicators in the categories and subcategories listed in this section are categorized as commercial applicators with respect to the application of RUPs.

4.2. Commercial Applicator Categories

4.2.a. Agricultural Plant Pest Control. This category includes commercial applicators using or supervising the use of RUPs in the production of agricultural crops, including but not limited to tobacco, peanuts, cotton, feed grains, soybeans, and forage; vegetables; small fruits; and tree fruits and nuts; as well as on grasslands and non-crop agricultural lands.

4.2.b. Agricultural Animal Pest Control. This category includes commercial applicators using or supervising the use of RUPs on animals, including but not limited to beef cattle, dairy cattle, swine, sheep, horses, goats, poultry, and livestock, and to places on or in which animals are confined. Certification in this category alone is not sufficient to authorize the purchase, use, or supervision of use of products for predator control listed in subdivision 4.2.m of this rule.

4.2.c. Forest Pest Control. This category includes commercial applicators using or supervising the use of RUPs in forests, forest nurseries and forest seed producing areas.

4.2.d. Ornamental and Turf. This category includes commercial applicators using or supervising the use of RUPs to control pests in the maintenance and production of ornamental trees, shrubs, flowers, and turf.

4.2.e. Seed Treatment. This category includes commercial applicators using or supervising the use of RUPs on seeds.

4.2.f. Aquatic Pest Control. This category includes commercial applicators using or supervising the use of any RUP purposefully applied to standing or running water and excludes public health applicators as defined in sub-division 4.2.i of this rule.

4.2.g. Right-of-Way/Industrial Weed Control. This category includes commercial applicators using or supervising the use of RUPs in the maintenance of public roads, electric power lines, pipelines, railway rights-of-way, fence lines, structural perimeters, or other similar areas.

4.2.h. Industrial, Institutional, Structural and Health Related Pest Control. Commercial applicators in this category are subcategorized as follows:

4.2.h.A. General. This subcategory includes commercial applicators using or supervising the use of RUPs in and around residential, commercial, institutional, or industrial facilities, including food preparation areas such as kitchens, cafeterias, or snack shops. When requested, persons certified in this subcategory may perform incidental treatment to indoor plants in small areas not to exceed 10 square feet.

4.2.h.B. Structural. This subcategory includes commercial applicators using or supervising the use of RUPs to control wood destroying pests in structures.

4.2.h.C. General Fumigation. This subcategory includes commercial applicators using or supervising the use of RUPs, in gaseous form, within enclosed gas tight spaces such as tarps, tents, structures, vehicles or vessels, or for soil fumigation for a wide range of commodities and conditions.

4.2.h.D. Wood Preservation and Wood Product Treatment. This subcategory includes commercial applicators using or supervising the use of RUPs, at treating plants and sawmills, for preservative treatment of wood by pressure, dipping, soaking and diffusion processes to produce a commodity for sale and/or installation. This subcategory also includes the handling and topical application and injection of wood preservatives, for operations such as, groundline pole treatment, waterproofing, millwork cutoffs, or supplemental field treatment.

4.2.h.E. Urban Integrated Pest Management. This subcategory includes commercial applicators using or supervising the use of RUPs in integrated pest management programs in and around commercial, institutional, or industrial facilities, including food preparation areas such as kitchens, cafeterias, or snack shops.

4.2.i. Public Health. This category includes certified public applicators using or supervising the use of RUPs for federal, state, or other governmental units in public health programs for the management and control of pests having medical and public health importance.

4.2.j. Regulatory. This category includes commercial applicators using or supervising the use of RUPs for federal, state, or other governmental units in the control of regulated pests. Certification in this category does not authorize the purchase, use, or supervision of use of products for predator control listed in subdivision 4.2.m of this rule.

4.2.k. Demonstration and Research. This category includes commercial applicators who demonstrate to the public the proper use and techniques of application of RUPs or supervise the demonstrations. Examples of such persons are extension specialists and county agents, commercial representatives demonstrating pesticide products, and individuals demonstrating methods used in public programs. Also included in this category are commercial applicators conducting field research who use or supervise the use of RUPs. Examples of such persons are state, federal, and others conducting field research utilizing RUPs.

4.2.l. Pesticide Storage and Distribution (Excluding application). This category includes those persons who store, display, and distribute RUPs in the operation of a business selling or distributing pesticides. Certification in this category does not permit the application of pesticides for hire.

4.2.m. Predator Control. This category applies to United States Department of Agriculture, Animal and Plant Health Inspection Service, Wildlife Services certified public applicators who use sodium cyanide in a mechanical ejection device to control regulated predators or who use sodium fluoroacetate in a protective collar to control regulated predators.

4.2.n. Aerial Pest Control. This category applies to commercial applicators who use or supervise the use of RUPs applied by fixed or rotary wing aircraft. In addition to demonstrating a knowledge of the specific standards for the applicable categories or subcategories in subdivisions 6.3.a through 6.3.k of this rule, persons desiring to apply pesticides by aircraft shall hold a valid Agricultural Applicator Certification from the Federal Aviation Administration.

4.2.o. Sewer root control. This category includes commercial applicators using or supervising the use of metam sodium to control roots in sewer lines.

W. Va. Code R. § 61-12A-4