OPM LAWS AND REGULATIONS

Transcription

1 OPM LAWS AND REGULATIONS Effective September 13, 2013 Dr. Michael Pfeiffer Originally this publication was a re-write of chapter 12, Pesticides Laws and Regulations in the Arizona Structural Pesticide Training Manual. The intent was to provide a means for people to study for OPM licensing exams. This edition is a means for people to study for the exams and to inform already licensed individuals of new law and rule. This brief is not intended to be a complete listing of all law and regulations governing the use of pesticides in the State of Arizona. Nor, is it to be construed to be any sort of legal opinion. This brief is dated material and therefore subject to change. It is the responsibility of individuals to be fully aware of all current laws and associated regulations governing pesticide use in the State of Arizona. There are specific law and rules regarding inspection and treatment of wood destroying organisms that are NOT included in this brief. Should anyone note any glaring inaccuracies or deficiencies in this brief, please let me know. ' QUICK LIST OF CHANGES: OPM remains under Az. Dept. of Agriculture. Golf moves from OPM jurisdiction to Ag Jurisdiction. Licensed Applicators become Certified Applicators again. New License: QA (Certified Qualified Applicator) allows this individual to be a QP. QAs need 12 hours of CEUs each year. QP are individuals (no longer licenses) that qualify an entity for a Business License. Schools are now required to have a QP (NO Business License). NO enforcement for lack of School QP until January 1, Branch Supervisors are required at Branch Offices who basically have same duties as QPs. ALL applicators must be registered with OPM prior to applying pesticides. Fees are charged. There are no applicator registration fees for political subdivisions. ALL individuals who currently have ACTIVE QP licenses, will be issued a QA License. There are no longer "inactive" licenses. ALL licenses AND registrations (except Temporary QP) expire on May 31. TARF fees if submitted electronically are $2.00 down from $8.00. Devices and what constitutes a device has been rationalized. Laborers have been defined. Branch Offices require a Branch Supervisor. Political subdivisions (except schools) applying pesticides require a "Responsible Individual". Use of certain pesticides needs to be reported as part of programs to protect groundwater in Arizona. Fees went up. ' DEFINITIONS Applicator Means an individual who provides pest management services. Applicator does not include a laborer. Applicator Certification Means a certified applicator license. Applicator Registration An applicator may not provide pest management services on behalf of a business licensee or political subdivision unless the applicator is registered (with OPM) as an applicator of the business licensee or political subdivision. For businesses registering applicators, fees are charged. There is NO fee charged to political subdivisions for registration of applicators. The director shall assess a business licensee with a $150 civil penalty for each unregistered applicator. NOTE: this says shall assess not may assess! Branch Office Means any fixed place of business, other than the primary office, where records are kept, mail is received, statements are rendered, money is collected, requests for service or bids are received, information pertaining to the business of pest management is given or pesticides are stored or disposed of. Branch Supervisor Means a Certified Applicator working at or from a branch office who is responsible for ensuring the training, equipping and supervision of all applicators of the branch office (essentially the same responsibilities as the QA). Certified Applicator Means an individual who is licensed by the OPM to provide pest management services, including a QA. Certified Applicators are required to be registered with OPM each year. A certified applicator must be at least 18 years old. Page 1 of 12

2 Certified Qualified Applicator (QA) An individual who may act as the QP for a business or school. The QA must be registered with OPM and is responsible for ensuring the training, equipping and supervision of all applicators of a business licensee or school district. Device Means any instrument or contrivance that is intended to be used for trapping, destroying, repelling or mitigating any pest or other form of plant or animal life. The director of the Arizona Department of Agriculture may designate (and has designated - Pfeiffer) by rule devices that are exempt from the licensure, certification and registration requirements. Direct Supervision Persons who are applying pesticides and not yet licensed, must work under the Direct Supervision of a Certified Applicator who is certified in the category for which services are being preformed. In addition, the unlicensed individual must be registered as an applicator with OPM. The unlicensed individual must be able to contact an Certified Applicator for consultation or assistance. The Supervising individual need not be on-site. It is a violation of law to allow an unlicensed individual to make an application at a school, child care facility, health care institution, or food-handling establishment. EPA (Environmental Protection Agency) Federal agency that administers laws outlined in FIFRA. FIFRA (Federal Insecticide, Fungicide, and Rodenticide Act) Primary federal law that regulates pesticide use in the United States. Food Handling Establishment means a place, other than a private residence, in which food is received, served, stored, packaged, prepared, or processed. Fumigant means a chemical substance with a vapor pressure greater than five millimeters of mercury at 25 degrees Centigrade that is used to destroy plant or animal life. Hazard Communication Standard Standard under jurisdiction of the Industrial Commission of Arizona (ICA) that guarantees worker s rights to know about hazards in the workplace, including pesticides. Hazardous Materials Regulations Regulations enforced by the Arizona Department of Transportation (ADOT) that apply to vehicles carrying hazardous materials to include pesticides. Health Care Institution means a health care institution licensed pursuant to title 36, chapter 4 and includes doctor and dental offices. Immediate Supervision Persons who are not yet certified and performing pest management services in the wooddestroying organism, aquatic, or fumigation category, using a restricted use pesticide, or using a pesticide under an experimental use permit require Immediate Supervision. The individual providing immediate supervision must be a certified applicator in the category for which services are being preformed AND must be present on-site and within hearing distance or in the direct line of sight of the unlicensed individual. It is a violation of law to allow an unlicensed individual to make an application at a school, child care facility, health care institution, or food-handling establishment. Joint responsibility An applicator, qualifying party, branch supervisor, or business licensee who supervises another shall ensure that the supervised person is properly trained and equipped and receives the supervision necessary for the supervised person to provide pest management services competently and safely in accordance with the pesticide label and labeling. An applicator, qualifying party, branch supervisor, or business licensee who supervises another person may be held jointly responsible for the acts or omissions of the supervised person. Label means a written, printed, or graphic document that is approved by the EPA and on or attached to a pesticide container, the wrapper of a pesticide container, or a device. Laborer Means an individual who performs physical labor necessary for an applicator to provide pest management services, including drilling and trenching, but who does not handle any pesticide container that has ever been opened, identify infestations, make inspections, make inspection reports or recommendations with respect to infestations, or use any device for the purpose of eliminating, exterminating, controlling or preventing infestations, except that laborer includes an individual who assists with the use of a tarp on a structure for a fumigation performed by an applicator. Notice to Customers Immediately following an application, the applicator shall provide a written notice to a customer for whom the applicator provides a pest management service. Office of Pest Management (OPM) Governs application of pesticides on sites OTHER THAN "agricultural" sites and applications made "in-house" to golf course grounds by resident golf course personnel. "For Hire" applications to golf course grounds and other "non-ag" applications fall under the jurisdiction of OPM. Page 2 of 12

3 OSHA (Occupational Safety and Hazard Administration) Federal agency that enforces rules regarding worker safety on job sites. Pest Management "Means the management of public health related pests, aquatic pests, household pests, wooddestroying insects, fungi organisms or other pests, including weeds, that exist in, near or around structures, in ornamental shrubs and trees, on golf courses, along rights-of-way or in lawns or cemeteries and all pesticide application applications that could be harmful to public health or the environment. Pest Management Services Means identifying infestations or making inspections for the purpose of identifying or attempting to identify infestations, making written or oral inspection reports or recommendations with respect to infestations, and the application of pesticides or the use of devices not exempt, for the purpose of eliminating, exterminating, controlling or preventing infestations. Political Subdivision Means a state agency, county, city, town, municipal corporation or school district or a special district formed pursuant to title 48. QA Means Certified Qualified Applicator. Registration The following require registration with OPM: Applicators (Certified or Not), Branch Offices, Branch Supervisors, QPs and Temporary QPs. Temporary QP are only valid for a period of 90 days. Registration expires on May 31 of the applicable year. Fees may or may not be charged depending on the registration or time of registration. Registration with the exception of Temporary QP can be renewed for one or two years. Responsible Individual A political subdivision (schools need a QP-Pfeiffer) that uses pesticides to conduct pest management on property that is owned, leased or managed by the political subdivision, including easements, shall designate an individual or individuals responsible for the following: Responding to inquiries or concerns by the Director or the Director s designee regarding compliance with A.R.S. Title 32, Chapter 22. Identifying for the Director or the Director s designee where records required by this Chapter are maintained, where personal protection equipment is located, and where pesticides are stored. Demonstrating that all applicators are properly certified. Political subdivisions need to notify OPM at least yearly who the Responsible Individual is on a form supplied by OPM. If the Responsible Individual changes, Political Subdivisions have 30 days to notify OPM. School and Child Care Facility Notification Business licensees or certified applicators must provide notification of pesticide applications to schools and child care facilities. Pre-notification is required at least 72 hours in advance of any application and Immediate notification is required just prior to the application. School means any public or nonpublic institution, other than a child's home, that is established for the purpose of offering instruction to pupils in programs for preschool children with disabilities, kindergarten programs or any combination of grades one through twelve and that qualifies as a school pursuant to section Service Container Means a receptacle that is used to hold, store, or transport a pesticide concentrate or use-dilution preparation other than the original labeled receptacle provided by the manufacturer, a measuring instrument, or application equipment. Service Vehicle Means a motor vehicle, including a trailer attached to the motor vehicle, used regularly to transport an applicator and equipment or pesticides used to provide pest management services. Termite Action Report Form (TARF) Within thirty calendar days after completion of a pretreatment, a newconstruction treatment, a final grade treatment, an initial corrective treatment or a wood-destroying insect inspection report (WDIIR), a business licensee or certified applicator shall file with the office on a form approved by the director a termite action report form and the prescribed fee. Temporary Qualifying Party A certified applicator who is the representative of a business licensee or school district may register as a Temporary QP if the QP has become disassociated with the business licensee or school district within the last 45 days. A certified applicator may only register as a Temporary QP in the categories for which both the former QP was registered and the certified applicator is certified. Temporary QPs are valid for 90 days and may be renewed once. A Temporary QP may not be used to qualify a business or school district for more than 180 days in any 12 month period. Treatment records Each pest control company must keep accurate treatment records for a period of three years after the treatment. Notification of Treatment required Business licensees or their representatives shall provide written notification regarding pesticide treatments immediately following an application. Page 3 of 12

4 Unlicensed Applicator means an individual performing pest management services who is not a Certified Applicator. This individual needs to be registered with OPM BEFORE providing pest management services and has 90 days to become Certified in the categories they are providing services in. It is a violation of law to allow an unlicensed individual to make an application at a school, child care facility, health care institution, or food-handling establishment Wood Destroying Insect Inspection Form (WDIIR) means wood-destroying insect inspection report, which is a written report on a form approved by the OPM that is prepared in connection with the sale or refinancing of real property regardless of whether the report is used as part of the sale or refinancing. ' FEDERAL REGULATORY AGENCIES There are several agencies at the federal level which have pesticide oversight and are listed below with a brief description. DEPARTMENT OF TRANSPORTATION (DOT) DOT is the federal agency which regulates interstate pesticide shipments, sets standards for warning signs (placarding), and sets standards for materials that can be shipped together. ENVIRONMENTAL PROTECTION AGENCY (EPA) The Environmental Protection Agency (EPA) was created in In 1972, EPA was given jurisdiction over pesticide use in the U.S. Some of the pesticide related responsibilities of EPA are: Assessment of health risks from pesticides Assessment of hazards to the environment from pesticides Setting tolerance levels for pesticides residues on food & feed Enforcement of federal laws governing the use of pesticides Development of criteria for registration of pesticide in the US Development criteria for labeling purposes FEDERAL INSECTICIDE, FUNGICIDE AND RODENTICIDE ACT (FIFRA) The Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) is the primary federal law that regulates pesticide use in the United States. FIFRA was passed in 1947 and has been amended several times. The Environmental Protection Agency (EPA) enforces the standards created by FIFRA. Laws governing pesticides in individual states must meet the minimum standards outlined by federal laws. State law governing the use of pesticides can be more restrictive that federal law but never less restrictive. FIFRA outlines acts which are illegal when handling or using a pesticides. A brief summary is as follows. It is illegal to sell or distribute any pesticide not registered with EPA It is illegal to use a pesticide in a manner inconsistent with labeling. It is illegal to detach, alter, deface or destroy a pesticide label. It is illegal to improperly dispose of pesticides or containers. It is illegal to store a pesticide in a manner contrary to labeling. It is illegal to use a pesticide on a site for which the pesticide is not labeled. Before a pesticide product may be sold or used in the U.S., it must be registered with the EPA. Pesticides are classified as either Restricted Use or General Use. Pesticides which are defined as Restricted Use may only be applied by certified applicators. Before a pesticide can be used in Arizona, it must be registered with both the EPA and Arizona Department of Agriculture. Special Local Needs Registration (SLN) allows individual states to register a pesticide for additional uses not specified on the federal registration. Applicators using a pesticide with a SLN must have in their possession a copy of the SLN label when using these pesticides. Federal fines for violation of FIFRA vary. Civil penalties can be up to $1, for private applicators and $5, for commercial applicators. Criminal penalties are up to $1, plus or minus 30 days in jail for private applicators and $25, plus or minus 1 year in jail for commercial applicators. FOOD AND DRUG ADMINISTRATION (FDA) The 1947 Federal Food, Drug and Cosmetic Act (FFDCA) authorized the FDA to ensure safety of chemicals used in food, drugs, and cosmetics. Every pesticide which has registration on a Page 4 of 12

5 food crop or feed crop has a tolerance established for that pesticide. At harvest you may not exceed that tolerance level. The tolerance levels are established by EPA. FDA is responsible for testing crops to see that tolerance levels have not been exceeded and determining if pesticides have been used which do not have registration on a commodity. All food or feed entering the United States from other countries has to meet the same residue standards. OCCUPATIONAL SAFETY AND HAZARD ADMINISTRATION (OSHA) The Occupational Safety and Health Administration (OSHA) is charged with establishing laws and enforcing laws relating to safety in the workplace. The standards that OSHA enforces are outlined in two manuals: General Industry Standards and Construction Industry Standards. OSHA jurisdiction as it relates to pesticide is in areas such as: Proper training and use of personal protective equipment Requirements for hazardous materials used in confined spaces Implementation of the Hazard Communication Standard OSHA cooperates with state agencies such as the Arizona Industrial Commission for inspection and enforcement of the federal standards 'ARIZONA REGULATORY AGENCIES Various State Agencies have pesticide oversight and they are listed below with a brief description. Arizona Department of Agriculture (ADA) The Arizona Department of Agriculture (ADA) is the state agency that regulates pesticide registration and use in the state of Arizona. There are two divisions within ADA which have different responsibilities in regard to oversight of pesticides. The Environmental Services Division of ADA has jurisdiction over licensing of Ag applicators and applications of pesticides on Agricultural sites to include sod farms and golf courses when personnel of the golf course preform "inhouse" applications. The Environmental Services Division is also responsible for these activities: Registration of pesticides for use in Arizona Registering and licensing companies which sell or distribute pesticide products in Arizona Issuing licenses to individuals who make pesticide recommendations in agricultural settings - PCAs Providing WPS training that helps ensure protection to farm workers from hazards of pesticides Require reporting of pesticide used which have been shown to be potential groundwater contaminants The Office of Pest Management (OPM) has jurisdiction of over licensing and applications of pesticides for management of health-related pests, aquatic pests, household pests, wood-destroying organisms or other pests, including weeds, that exist in, near or around structures, in ornamental shrubs and trees, along rights-of-way or in lawns or cemeteries and all pesticide applications that could be harmful to public health or the environment. OPM also has jurisdiction of application of pesticides to golf courses IF the application is classified as a "For-Hire" application. Some of the duties which OPM preforms are: Enforcing laws governing pest management. Adopting rules for regulating the industry. Establishing fees for licensing and registration. Issuing and revocation of licenses. Maintenance of a termite treatment database. Arizona Department of Environmental Quality (ADEQ) The Arizona Department of Environmental Quality (ADEQ) mission is to protect and enhance public health and the environment in Arizona. ADEQ assesses and monitors pollutants in Arizona. Since pesticides may be pollutants, ADEQ may be involved in situations where pesticides are potential or actual pollutants. Some of the functions of ADEQ are list below. Evaluate active ingredients in pesticides for potential groundwater problems to assist in making decision on registration of specific pesticides in Arizona. Monitor groundwater and surface water for pollutants. Oversee cleanup operations at sites contaminated with pesticides. Assure proper handling, storage and disposal of waste. Page 5 of 12

6 Arizona Department of Health Services (ADHS) By law, all pesticide related illnesses or suspected illnesses in Arizona are to be documented and reported to the Office of Environmental Health. The Office of Environmental Health is a subdivision within the Arizona Department of Health Services (ADHS). Arizona Department of Transportation (ADOT) The Arizona Department of Transportation (ADOT) has the responsibility of enforcing state and federal law that apply to motor vehicles carrying hazardous materials to include pesticides. ADOT has many responsibilities but the following is a summary of ADOT's responsibilities regarding transport of hazardous materials in Arizona. Ensure that placarding requirements are met. Ensure that proper shipping papers accompany loads. Ensure that shipping containers are properly marked and/or labeled. Ensure that vehicles transporting loads are in good mechanical condition. Ensure that loads are properly secured. Ensure that adequate background and character checks have been preformed for commercial truck drivers hauling hazardous materials. Industrial Commission of Arizona (ICA) Under the Arizona Occupational Safety and Health Act of 1972, the Industrial Commission of Arizona (ICA) has jurisdiction over employee safety and health in all industries within the state. One branch within the ICA is the Arizona Division of Occupational Safety and Health (ADOSH). ADOSH is the state equivalent of OSHA and is responsible for enforcement of both Arizona and federal law governing safety in the workplace. ' OPM LAWS AND REGULATIONS State governments have the authority to enact laws on pesticide use that are more strict than federal law. In Arizona laws governing pest management meet all minimum federal standards but are more restrictive in nature that federal law in many cases. The following is a summary of the Arizona Office of Pest Management's statutes and rules. This is not intended to be a complete listing of all law and regulations governing the use of pesticides in the State of Arizona. Pest Management Services Means identifying infestations or making inspections for the purpose of identifying or attempting to identify infestations, making written or oral inspection reports or recommendations with respect to infestations and the application of pesticides or the use of devices not exempt for the purpose of eliminating, exterminating, controlling or preventing infestations. Licensing A person who wishes to engage in the business of pest management shall first obtain a license from the Office of Pest Management. Business license means a license that is issued to a person and that entitles that person and the person's employees to engage in the business of pest management. Business License It is illegal in Arizona to preform pest management without a Business License issued by OPM unless the entity performing pest management is a Political Subdivision or operating under the "Landscaper" or University exemption. In order to obtain a business License with OPM, the following is needed: A QA to act as the Qualifying Party (QP) A business name registered with the Secretary or State or filed with the Corporation Commission Proof of financial security (liability insurance or bond) If a Business License has branch offices, these branch offices need to be registered with the OPM. Each Branch Office is required to have a Branch Supervisor. Branch Supervisors must also be registered with OPM. Business Licenses, Branch Offices and Branch Supervisors registrations expire on May 31 of each year and are renewable for one or two years.. Qualifying Party A Qualifying Party (QP) is an individual. A Qualifying Party?qualifies a business to obtain a Business License with OPM. Schools now also need a QP but no business license. The QP must be a Certified Qualified Applicator (QA) licensed in each category that the business or school provides services in. It is the responsibility of the QP to train and properly equip applicators. The QP must be involved in active management of the business engage in pest management and available for consultation with applicators during normal business hours. An applicant wishing Page 6 of 12

7 to become a QP, must first become a Certified Qualified Applicator (QA). The QP must register each year with OPM by May 31 and the registration can be renewed for one or two years. Certified Qualified Applicator (QA) An individual that can act as a QP for the Business of School. To become a Certified Qualified Applicator, an individual must first be a Certified Applicator, must have the qualifications below and must pass exams in the category for which they are seeking to be licensed as a QA. QA qualifications: Certification as an applicator for 24 months within the ten years preceding the application in the category applied for. Certification as an applicator for 12 months within the ten years preceding the application and either: a. Successful completion of 12 semester hours or its equivalent within the 10 years preceding the application in pest management courses directly related to each category applied for; or b. A Bachelor s degree in agricultural sciences, biological sciences, or pest management with 12 semester hours or its equivalent in pest management courses directly related to each category applied for. Twenty four months of experience in the business of pest management, in another State where licensure was not required, within the ten years preceding application directly related to the category applied for. The OPM issues an QA License after an applicant passes the QA CORE exam and at least one QA category specific exam. SEE EXAMS BELOW. Certified Applicator Means an individual who is licensed by the office (OPM) to provide pest management services. Certified Applicators are required to be registered with OPM each year. To determine whether a person is qualified to become a Certified Applicator, OPM administers exams to applicants. A certified applicator must be at least 18 years old. An applicator shall be of good moral character. A conviction for a felony or a misdemeanor involving moral turpitude may demonstrate a lack of good moral character. A conviction for any of the following offenses shall be considered to demonstrate a lack of good moral character: Murder involving the death of a law enforcement officer. An offense described in A.R.S related to terrorism. A sexual offense of any type where the victim is a minor that is a class 4 or higher felony. Certification Categories To become a Certified Applicator or a QA, applicants must pass the CORE exam and at least one Category Specific Exam. The categories for which individuals can become Certified are listed below. Industrial and Institutional: pest management in or about a residential or other structure excluding antimicrobial pest management, fungi inspection, or pest management covered by another certification category. Wood-Destroying Organism Management. a.wood-destroying organism treatment: inspecting for the presence or absence of wood-destroying organisms and managing wood-destroying organisms in or about a residential or other structure by a means other than use of a fumigant. b.wood-destroying insect inspection: inspecting for the presence or absence of wood-destroying insects only. Ornamental and Turf: pest management, including weeds, in the maintenance of ornamental trees, shrubs, flowers, and turf by a means other than use of a fumigant. Right-of-Way: pest management of invertebrate pests, including weeds, in the maintenance of public roads, electric power lines, pipelines, railway rights-of-way or other similar areas. Aquatic: pest management, including weeds, in standing or running water. Fumigation: pest management using fumigants. Wood Preservation: application of pesticides directly to structural components of wood or wood products, which are not part of an existing structure normally habitable by persons, to prevent or manage wood degradation by wood-destroying organisms including fungi and bacteria. Certification Categories are now similar to "sites" on pesticides labels. For example, possession of the new Ornamental and Turf certification allows for treatment of insects, plant pathogens, vertebrate pests and weeds in turf and Page 7 of 12

8 ornamentals. Before, if you wanted to treat weeds, you had to possess the Right of Way & Weeds category. Persons possessing the new Aquatic Certification could treat for fish, mosquito larvae, weeds and other pests in an aquatic environment. Anyone possessing an old certification will be issued the corresponding new certification category(ies). If for example an individual possessed the old Right of Way & Weed certification, they will be awarded the new Right of Way plus the Ornamental & Turf category. This applies to old QP Licenses which will automatically become new QA Licenses. Persons who possessed the old B1 and were treating mosquito larvae in an aquatic environment will now need to become certified in the new Aquatic category to treat mosquito larvae. Unlicensed Applicator means an individual performing pest management services who is not a Certified Applicator. This individual needs to be registered with OPM BEFORE providing pest management services and has 90 days to become certified in the categories they are providing services in. It is a violation of law to allow an unlicensed individual to make an application at a school, child care facility, health care institution, or food-handling establishment Direct Supervision Persons who are applying pesticides and not yet licensed, must work under the Direct Supervision of a Certified Applicator or Qualifying Party. The unlicensed individual must be able to contact a Certified Applicator or Qualifying Party for consultation or assistance. The supervising individual does NOT need to be present on-site. Immediate Supervision Is required when persons who are not yet licensed and performing pest management services in the wood-destroying organism treatment, aquatic, or fumigation category, using a restricted use pesticide, or using a pesticide under an experimental use permit. The Immediate Supervisor must be present on-site and within hearing distance or in the direct line of sight of the unlicensed individual. It is illegal for an unlicensed individual to make an application of a pesticide at a school, child care facility, health care institution, or food-handling establishment unless the individual is a certified applicator in the certification category for which services are being provided. Applicator Registration Every applicator (Certified or Not) of a business licensee or political subdivision shall be registered with the OPM as an applicator for that business licensee or political subdivision before providing pest management services for the business licensee or political subdivision. This requirement is in addition to applicator certification requirements. To register an applicator, a person shall submit the fee specified in R and the following information about the applicator on a form obtained from the OPM: The fine is $ per non-registered applicator Applicator Requirements An applicator shall use only a pesticide that is currently registered for use by the Department (ADA) or was registered by the Department and does not have a passed EPA end use date. An applicator shall not misuse a pesticide or device. It is misuse of a pesticide or device if: An applicator applies, handles, stores, or disposes of a pesticide or device in a manner that is inconsistent with the label or labeling; Provides a pest management service or handles a pesticide without wearing clothing and using the personal protective equipment required by the label or labeling to protect the applicator from pesticide exposure; Uses a pesticide in a manner that causes the pesticide to come into contact with a person, other than the applicator, animal, or property, other than the property receiving the pest management service, unless the contact results from an accident beyond the reasonable control of the applicator; Uses a pesticide in a food-handling establishment that the label or labeling recommends not be used in a food-handling establishment; and Uses a pesticide in a manner that contaminates food, feed, or drugs or equipment used to prepare or serve food, feed, or drugs.?while mixing a pesticide with water, an applicator shall protect the water supply from back-siphoning of the pesticide mixture. An applicator shall not add water to a tank in which a pesticide is mixed or from which a pesticide is dispensed by protruding a fill-pipe or hose connection into the tank. An applicator shall ensure that a fill-pipe or hose connection terminates at least two inches above the tank fill opening or is equipped with an effective anti-siphoning device. An applicator shall ensure that all equipment, including auxiliary equipment such as a hose or metering device, used for mixing or applying a pesticide is in good repair and operating properly. Page 8 of 12

9 An applicator shall apply, store, or dispose of a pesticide designated by the EPA as restricted use only if the applicator is certified or working under the immediate supervision of an applicator certified in the category for which the restricted-use pesticide is applicable. An applicator shall clean a pesticide spill in accordance with the pesticide label and labeling directions and in a manner that minimizes exposure to humans and other nontarget organisms. If a pesticide spill may endanger humans, an applicator shall clean the pesticide spill in accordance with recommendations by health and medical personnel and local authorities. An applicator shall apply a pesticide at a rate provided by a Special Local Need registration issued by the Department and the pesticide labeling. The applicator shall have in the applicator s possession at the time of the application both the Special Local Need labeling and the EPA section 3 label and labeling. If information regarding provision of a particular pest management service is not available on the pesticide label or labeling or addressed in the OPM s statutes or this Chapter, an applicator shall comply with the pesticide manufacturer s recommendation and the general industry practice prevailing in the community at the time the pest management service is provided. If there is a conflict between any provision in this Section and labeling instructions, an applicator shall follow the more specific instruction. Applicator Record Keeping An applicator shall timely make all records required by law and provide the records to the business licensee or political subdivision that employs the applicator within five business days. Under A.R.S (B)(2), making a false or fraudulent record or report is grounds for disciplinary action. Service Records An applicator shall make a record of each pest management service provided. The applicator shall include the following information in the service record: Name and address of the customer; Specific site at which a pesticide was applied; Date of service; Target pest or purpose of service; Trade name of pesticide applied; EPA registration number of pesticide applied; Amount of pesticide applied, in terms of percent active ingredient and volume of diluted mixture or in terms of total amount of liquid concentrate, ready to use product, granular material, or bait stations; Amount of pesticide applied in volume of granular material, volume of liquid mixture, or number of traps; Name and license certification number of the applicator or if the applicator is unlicensed uncertified, name of the unlicensed uncertified applicator and the name and license certification number of the applicator providing supervision. Responsible Individuals?A political subdivision that uses pesticides to conduct pest management on property that is owned, leased or managed by the political subdivision, including easements, shall designate an individual or individuals responsible for the following: Responding to inquiries or concerns by the Director or the Director s designee regarding pest management Identifying for the Director or the Director s designee where records required are maintained, where personal protection equipment is located, and where pesticides are stored. The political subdivision shall annually submit the following information about the responsible individual(s) during the month of May on a form obtained from the Director or the Director s designee. If the political subdivision changes its responsible individual(s), the political subdivision shall provide the information about the new responsible individual(s) listed in subsection (B) to the Director within 30 days. Renewal of Licenses/Registrations All licenses and registrations expire on May 31. The exception being a Temporary QP License which is valid for 90 days. Continuing Education Units (CEUs) In order to renew a Certified Applicator or QA license, the individual must have received a specified amount of Continuing Education the proceeding calendar year: June 1 to May 31. Certified applicators are required to obtain a minimum of six (6) CEUs and QAs are required to obtain a minimum of twelve (12) CEUs. Page 9 of 12

10 Joint Responsibility A Business licensee, Qualifying Party, Branch Supervisor or Applicator, may be held jointly responsible for acts, omissions, and compliance with law and other lawful orders of the OPM by persons under their supervision. School and Child Care Facility Applications Business licensees and Certified Applicators must provide notification of pesticide applications to schools and child care facilities:72 hours advance notification and an immediate notification. The notifications (72 hrs prior and the immediate) must include: Date and time of applications Pesticide brand name Concentration and rate of application, Copies of pesticide labels and associated Material Safety Data Sheets (SDS) Any use restrictions required by pesticide labels. º In addition, areas to be treated are required with the immediate notification., Inspections The OPM is authorized to have access to premises, service vehicles and lands for the purpose of conducting inspections. Notice to Customers Immediately following an application, the applicator shall provide a written notice to a customer for whom the applicator provides a pest management service that contains the: Name and address of the customer Specific site to which a pesticide was applied Date of service Target pest or category of service Trade name of pesticide applied EPA registration number of restricted use pesticide applied Amount of pesticide applied, in terms of percent active ingredient and volume of diluted mixture or in terms of total amount of liquid concentrate, ready-to use product, granular material, or bait stations; Name and certification number of the applicator or if the applicator is uncertified, the name of the uncertified applicator and the name and certification number of the applicator providing supervision; and The OPM warning statement as below to be printed on all notices to customers in at least 8 point font Warning Pesticides can be harmful. Keep children and pets away from pesticide applications until dry, dissipated, or aerated. For more information, contact [business license name and business license number] at [telephone number]. The applicator may provide the notice required by this subsection electronically. If the treatments are performed in the interior of residential units, notification of treatment is required to be left in each unit treated. Maintenance of Records Treatment records and wood-destroying insect inspection reports are to be maintained for three years from the date of the service. Records of training for individuals are to be maintained for 3 years after employment ends. Groundwater Protection List Reporting?For each application of a soil-applied pesticide containing an active ingredient that appears on the Arizona Department of Environmental Quality groundwater protection list and has been detected in Arizona groundwater within the last five years, the QP or political subdivision applicator shall submit the following information on a quarterly basis on a form approved by the OPM: 1. The county of use, 2. The name of product used and the EPA registration number, 3. The amount applied, 4. The dates covered by the report, and 5. Business license number. For the purposes of this Section, soil-applied pesticide means a pesticide intended for application to or injection into the soil or for which the label requires or recommends that the application be followed within seventy-two hours by irrigation. Soil-applied pesticides include pesticides applied for final grade treatment, post-construction exterior trench Page 10 of 12

11 or rod treatment, or pre-emergent weed control, but exclude pesticides applied at or above grade or within the stem wall or footer of a structure. Pesticide Storage, Disposal and Devices An applicator shall store and dispose of a pesticide or device in a manner consistent with its label and labeling. An applicator shall store a pesticide in a closed container that is free from corrosion, leakage, or pesticide contamination on the outside of the container and properly labeled. An applicator shall ensure that a service container bears a durable and legible specimen label with the following information: The name, address, and telephone number of the business licensee or political subdivision; The common chemical or trade name of the principal active ingredients; The EPA registration number; The strength of the concentrate or dilution expressed as a percentage of active ingredients; Any signal word required on the label; and The phrase KEEP OUT OF REACH OF CHILDREN. An applicator shall not place words or markings on a service container or on the label affixed to the service container that are unrelated to the pesticide in the service container, except for markings related to a method of tracking the product. If the label affixed to a pesticide container becomes lost or damaged, an applicator shall attach a specimen label to the pesticide container. An applicator shall replace a damaged container, other than a fumigant container, with an identically labeled container or a properly labeled service container. Application equipment from which a pesticide is directly discharged and in which the pesticide is not stored is not subject to the labeling requirements of this Section. An applicator shall not store a pesticide in a manner which food, beverage, feed, drugs, cosmetics, eating utensils, or tobacco products can be contaminated. An applicator shall not store a pesticide in a container that was used for food, beverage, feed, drugs, or cosmetics, or which by size, shape, or marking could be confused as being a food, beverage, feed, drug, or cosmetic. An applicator shall not store a fumigant within a residence, office or cab of a vehicle. An applicator shall ensure that a pesticide in an original or service container, an empty pesticide container that has not been prepared for disposal in accordance with its label, or a returnable or reusable pesticide container is kept in a locked storage space when on an unattended service vehicle or is within view and under the supervision of the applicator responsible for the service vehicle. An applicator shall ensure that a pesticide in portable application equipment is kept locked when on an unattended service vehicle or is within view and under the supervision of the applicator responsible for the service vehicle. To prevent damage during transit, an applicator shall ensure that a pesticide container is secured in a locked storage space while the pesticide container is transported on a service vehicle. Storage Facility Each company or political subdivision must provide a storage area for pesticides and devices, which complies with all federal, state and local laws. This can be a service vehicle. The facility must have a locked entrance, be secure from unauthorized entry, have a sign indicating that pesticides are stored inside, and be ventilated to prevent buildup of chemical odors. In or about the storage facility, business licensees must provide the following: Adequate lighting to read pesticide labels Charged and working fire extinguisher or fire suppression system that is appropriate for pesticides stored First aid kit Emergency medical information, including telephone numbers for poison control centers Absorbent materials capable of absorbing a leak or spill of at least one gallon; Specimen labels and Safety Data Sheets (SDS) for each pesticide stored in the facility Soap, fresh water of at least 1 gallon, and towels for washing Storage on Service Vehicles Storage of pesticides on service vehicles must meet all the requirements as above under Storage Facility. Pesticides stored on service vehicles must be kept under locked storage. To prevent damage during transit, an applicator shall ensure that a pesticide container is secured in a locked storage space while the pesticide container is transported on a service vehicle. Pesticide solutions left in containers such as spray tanks, must be placed in locked storage when unattended. Service vehicles must conform to all state and federal regulations. Page 11 of 12

12 Groundwater Protection List Reporting For each application of a soil-applied pesticide containing an active ingredient that appears on the Arizona Department of Environmental Quality groundwater protection list and has been detected in Arizona groundwater within the last five years, the QP or political subdivision applicator shall submit the following information on a quarterly basis on a form approved by the OPM: The county of use, The name of product used and the EPA registration number The amount applied, The dates covered by the report, Business license number. The common name of the active ingredients that need reporting are available on OPMs web page ( ' EXAMS In order to become a Certified Applicator or Certified Qualified Applicator (QA) individuals must pass the CORE exam and at least one Category Specific exam. The following is a brief description of the concepts tested for in the exams: Pesticide label and labeling and pesticide types and formulations; Pest identification, life cycles, and habits; Safety and environmental factors relating to the use, handling, storage, and disposal of pesticides; Application techniques, calibration and dilution, and equipment types, uses, and maintenance; and Laws and rules. Applicants must pass each exam with a minimum of 75% correct. An applicant who fails an examination may not retake the examination for at least seven days or more than two times in a 6-month period. This brief is not intended to be a complete listing of all law and regulations governing the use of pesticides in the State of Arizona. Nor, is it to be construed to be any sort of legal opinion. This brief is dated material and therefore subject to change. It is the responsibility of individuals to be fully aware of all current laws and associated regulations governing pesticide use in the State of Arizona Page 12 of 12