Section 128.61. Determination of competence

(a) Competency in the use and handling of restricted use pesticides by a private applicator will be determined on the basis of a proctored written examination. The examination will include the following:

(1) Areas of knowledge described in section 17.2 of the act (3 P. S. § 111.37b).

(i) Labeling and label comprehension.

(ii) Safety and health.

(iii) Environmental protection.

(iv) Pests.

(v) Pesticides.

(vi) Integrated pest management.

(vii) Equipment.

(viii) Application techniques and technology.

(ix) Laws and regulations.

(2) Transportation, storage, security and disposal.

(b) An opportunity will be provided to retake an examination if a passing grade has not been achieved.

(c) Only reference materials approved by the Department may be used during the examination.

(d) The applicant shall provide to the proctor proof of personal identification by presenting a photo identification document issued by an agency of the United States Government or affiliated jurisdiction (that is, state or territory), such as a driver license, valid passport, military identification card or an immigration card; or at least two nonphoto identification documents one of which must be a United States Government issued document bearing the person’s signature, such as a Social Security card. The other nonphoto identification documents must identify the holder by name and address.

The provisions of this § 128.61 amended December 10, 2010, effective December 11, 2010, 40 Pa.b. 7044. Immediately preceding text appears at serial page (305262).

Notation

Authority

The provisions of this § 128.61 amended under section 7(b)(2) of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. § 111.27(b)(2)).

Cross References

This section cited in 7 Pa. Code § 128.45 (relating to recertification); 7 Pa. Code § 128.62 (relating to eligibility); 7 Pa. Code § 128.63 (relating to recertification); and 7 Pa. Code § 128.64 (relating to fumigation by a private applicator).