W. Va. Code R. § 61-12B-4

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

Section 61-12B-4 - Requirements for Pesticide Application Business

4.1. General.

4.1.a. Any person who owns or manages a pesticide application business, which is engaged in the business of applying pesticides upon the lands of another must qualify as either a Licensed Pesticide Application Business or a Regulated Pesticide Application Business.

4.1.b. All pesticide application businesses shall employ certified commercial applicators or certified public applicators for the various categories or subcategories of their operation. The categories or subcategories as detailed in the Certified Pesticide Applicator Rules (61 CSR 12A) are used for determining the areas in which a pesticide application business operates.

4.1.c. All pesticide applications made by pesticide application businesses shall be made by certified commercial applicators, certified public applicators or registered technicians who have completed a training program approved by the commissioner as described in 61 CSR 12A.

4.1.d. Each location of the pesticide application business shall be licensed. Locations requiring a separate license include each branch office, franchise location, sub-office or worker location of a pesticide application business.

4.2. Licensed Pesticide Application Business.

4.2.a. A Licensed Pesticide Application Business is a pesticide business commercially applying pesticides for hire.

4.3. Regulated Pesticide Application Business

4.3.a. A Regulated Pesticide Application Business is a pesticide business commercially applying pesticides not for hire. Examples of such businesses include, but are not limited to, apartment complexes, office buildings, educational facilities, golf courses, right of way maintenance, etc.

4.3.b. Persons doing limited applications of pesticides are exempt from the licensing requirements in this sub-section if:

4.3.b.A. the applicator is performing general pest control on his or her own rental property of four rental units or less, and is applying only generally available, ready to use pesticide products such as prepared baits, aerosols or foggers, and the applicator only uses non-pressurized pump sprayers or dusters;

4.3.b.B. the applicator is engaged in applying disinfectants in the routine performance of his or her employment in the medical profession or in janitorial duties; or

4.3.b.C. the applicator uses non-restricted use pesticides and assists in applying pesticides for the production of an agricultural commodity.

W. Va. Code R. § 61-12B-4