| License Description |
Commercial Applicator Certification
The sale and application of certain types of pesticides are restricted by law because of the probability of adverse effects on humans and the environment if these pesticides are improperly used. Pesticides classified as restricted-use may be applied only by or under supervision of applicators certified by the Bureau as competent and knowledgeable. Such applicators must attend training sessions and pass a written examination before they receive certification.
Definitions
200 For the purpose of these regulations, the following words, names and terms shall be construed within the meaning and purpose of Miss. Code Ann. Sections 69-23-101 through 69-23-133
1. "Act" shall mean Miss. Code Ann. Sections 69-23-101 through 69-23-133.
2. "Bureau" shall mean the Bureau of Plant Industry of the Mississippi Department of Agriculture and Commerce created under the provisions of Miss. Code Ann. Section 69-25-3.
3. "Certificate" shall mean a document issued by the Bureau indicating that a person is competent to use or supervise the use of a restricted-use pesticide under the categories listed on said document.
4. "Certification" shall mean the recognition by a certifying agency that a person is competent and thus authorized to use or supervise the use of a restricted-use pesticide.
5. "Certified Applicator" shall mean any person who is certified to use or supervise the use of a restricted-use pesticide covered by certification.
6. "Commissioner" shall mean the Commissioner of the Mississippi Department of Agriculture and Commerce.
7. "Competent" shall mean properly qualified to perform functions associated with pesticide application, with the degree of capability required being directly related to the nature of the activity and the associated responsibility.
8. "Person" shall mean any individual, partnership, corporation, association, company or organized group of individuals whether incorporated or not.
9. "Public Applicator' shall mean any person who applies a restricted-use pesticide as an employee of a state agency, municipal corporation, public utility or other governmental agency. This term does not include employees who work under direct "on-the-job" supervision of a public applicator.
10. "Restricted-Use Pesticide" shall mean any pesticide classified for restricted use by the U.S. Environmental Protection Agency or by the Commissioner.
11. "Under the Direct Supervision of" shall mean the act or process whereby application of a pesticide is made by a competent person acting under the instruction and control of a certified applicator who is responsible for the
actions of that person and who is available if and when needed, even though such certified applicator is not physically present at the time and place the pesticide is applied. Source: Miss. Code Ann. §69-23-109.
Persons Required To Be Certified
201 All persons engaging in the supervision, application or use of any pesticide that is restricted by the U.S. Environmental Protection Agency or the Bureau are required to be certified unless exempt in Section 211 of this chapter.
Source: Miss. Code Ann. §69-23-109.
Certification Application
202 Application for certification shall be submitted on a regular form furnished by the Bureau. All applicants must be at least eighteen (18) years of age. Source: Miss. Code Ann. §69-23-109.
Exemptions and Categories
203.01 Competence in the use and handling of pesticides shall be determined by written examinations. These examinations will be based upon standards as set forth in the U.S. Environmental Protection Agency's Code of Federal Regulations.
203.02 Examination dates and locations shall be specified by the Bureau of Plant Industry, Mississippi State, Mississippi.
203.03 Categories in which examinations are to be given for certification:
1. Agricultural Plant and Animal Pest Control
2. Forest Pest Control
3. Ornamental and Turf Pest Control
4. Seed Treatment
5. Aquatic Pest Control
6. Right-of-Way Pest Control
7. Industrial, Institutional, Structural and Health-Related Pest Control
8. Public Health Pest Control
9. Regulatory Pest Control
10. Demonstration and Research Pest Control
11. Aerial Application
12. Wood Preservation and Products Treatment
13. Antifoulant Paint
14. Metam-Sodium
Source: Miss. Code Ann. §69-23-109.
Certification
204 After all requirements have been met by the applicant, said applicant will then be certified by the Bureau. If the certified applicator changes their mailing address, the Bureau must be notified in writing.
Denial; Suspension; Revocation; and Modification
205.01 The Commissioner with the approval of the advisory board may suspend for not more than thirty (30) days, and then after opportunity for a hearing, may deny, suspend, revoke or modify the certification issued under the act if it is determined that the applicant has committed any of the following offenses,
each of which is declared to be a violation of this act:
9. Convicted of a violation under the Federal Insecticide, Fungicide and Rodenticide Act.
10. Convicted for using any restricted-use pesticide in a manner which is determined to be inconsistent with its labeling.
Reporting
206 Applicators certified under this regulation shall keep complete and accurate records of all work performed for at least two years. Such records shall be available for examination by employees of the Bureau during reasonable business
hours. Such records shall include location, type of service performed, date performed, chemical used if any, strength, amount, pest controlled and such other information as may be necessary for a complete record.
Certification, Expiration and Conditions For Renewal.
209 A certified applicator's certification shall expire thirty-six (36) months from the date that the certificate was issued. To renew the certificate, the certified applicator must submit a request for renewal on a form prescribed by the Bureau and show knowledge of current control recommendations, techniques, and
changing technology and pesticide usage. To meet these requirements, the certified applicator must have attended a training course within the past twelve (12) months that is approved by the Bureau or successfully complete an
examination administered by the Bureau.
Source: Miss. Code Ann. §69-23-109.
Reciprocity
210 The examination for certification may be waived if one of the following conditions are met:
1. The applicant is already certified to perform the same professional services in a state with standards equal to those of Mississippi.
2. A federal employee presents a federal form stating that he or she is competent and certified under the governmental agency plan. Source: Miss. Code Ann. §69-23-109.
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