P.R. Laws tit. 5, § 1005a

2019-02-20 00:00:00+00
§ 1005a. Plan of certification of appliers

The Department of Agriculture is hereby authorized to administer and enforce compliance in Puerto Rico with the plan to certify pesticide appliers that it adopts by virtue of the provisions of this chapter and of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), as amended.

To adopt said plan, the Secretary is empowered to:

(a) Establish standards for the certification of pesticide appliers by type of certificate, categories and subcategories.

(b) Require that the persons who apply to operate as pesticide appliers pass written and/or practical oral examinations in the use and handling of pesticides in order to determine their aptitude and capability to operate as such.

(c) Certify pesticide appliers as commercial appliers under a category, or as private appliers, according to the type of activity they perform, and issue the corresponding certification after they have met the requirements established in this chapter and the regulations promulgated by virtue thereof.

(d) Refuse to certify any applicant as a pesticides applier who fails to fulfill, to the satisfaction of the Secretary, the practical requirements on the use and handling of pesticides in order to determine their aptitude or capability to operate as such.

(e) Deny, suspend, or revoke the certification granted to any applier pursuant to the procedure established in § 1005b of this title, when:

(1) The applicator has used a pesticide the registration of which has been denied, revoked or suspended by the Secretary or by the United States Environmental Protection Agency.

(2) The applier is operating under a type of certification, category or subcategory [for] which he/she has not been certified by the Secretary.

(3) The applier has been convicted of any violation of this chapter or of the said Federal Insecticide, Fungicide and Rodenticide Act.

(4) The applicator is using a pesticide for a use not approved or allowed by the Secretary or by the United States Environmental Protection Agency.

(5) The applier does not keep or maintain the records required under this chapter.

(6) The applier has made some false or deceitful statement in the records that he shall keep or maintain under subsection (f) of this section.

(7) The applier has submitted false or fraudulent information in an application to obtain or renew a certification to operate as pesticide applier.

(f) Require that every pesticide applier keep or maintain records regarding, among other things, the classes, amounts, application doses, dates and places where such pesticides are applied.

(g) Conduct programs for training and certifying pesticide appliers.

(h) Require that every pesticide applier immediately report to the Department of Agriculture immediately after any accident that occurs which involves any pesticide under his responsibility.

History —June 10, 1953, No. 49, p. 120, added as § 5-A on Apr. 13, 1955, No. 15, p. 60, § 3; Oct. 30, 1975, No. 16, p. 804, § 4; Apr. 29, 1976, No. 25, p. 61, § 1; Aug. 21, 1999, No. 278, § 5.