Section 128.64. Fumigation by a private applicator

(a) A private applicator shall hold a permit in the proper fumigation category to purchase or attempt to purchase or use a restricted use fumigant product.

(b) In addition to the requirements in § 128.61 (relating to determination of competence), a private applicator using commodity and space, or soil fumigants shall demonstrate competence in the proper and safe use of these pesticides. Competency shall be demonstrated by passing a proctored written examination specifically relating to each type of fumigant the applicator intends to use. Only reference materials approved by the Department may be used during the examination. 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.

(c) A special permit will be issued, relating to fumigation, and will be valid for a 3-year period. A fee will not be charged for this special permit. A special permit will not be issued for the use of a fumigant unless the applicant has a private applicator’s permit.

(d) Recertification requirements shall be met through attendance at approved meetings and consist of at least two credits of category specific education relating to the appropriate area of fumigation in which the applicator is certified. The credits obtained by a private applicator to meet the requirements of this subsection may also be used to meet the requirements of § 128.63 (relating to recertification).

The provisions of this § 128.64 amended December 10, 2010, effective December 11, 2010, 40 Pa.B. 7044. Immediately preceding text appears at serial page (305264).

Notation

Authority

The provisions of this § 128.64 amended under section 7(b)(2) of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. § 111.27(b)(2)).