PRINTER'S NO. 2137
No. 1713 Session of 1997
INTRODUCED BY NICKOL, JULY 11, 1997
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
JULY 11, 1997
AN ACT
1 Amending the act of March 1, 1974 (P.L.90, No.24), entitled "An
2 act relating to the labeling, distribution, storage,
3 transportation, use, application and disposal of pesticides
4 and devices; providing for registration and examination of
5 such materials; the licensing of pesticide dealers and pest
6 management consultants and imposing penalties," further
7 providing for the exemption from certain regulation and
8 certification requirements for persons using or applying
9 antimicrobial pesticides.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 4(6)(C) of the act of March 1, 1974
13 (P.L.90, No.24), known as the Pennsylvania Pesticide Control Act
14 of 1973, amended December 12, 1986 (P.L.1542, No.167), is
15 amended and the section is amended by adding a clause to read:
16 Section 4. Definitions.--As used in this act:
17 * * *
18 (5.1) "Antimicrobial pesticide":
19 (i) includes a pesticide that is intended to:
20 (A) disinfect, sanitize, reduce or mitigate the growth or
21 development of microbiological organisms; or
1 (B) protect inanimate objects, industrial processes or
2 systems, surfaces, water or other chemical substances from
3 contamination, fouling or other deterioration caused by
4 bacteria, viruses, fungi, protozoa, algae or slime;
5 (ii) does not include:
6 (A) a wood preservative or antifouling paint product for
7 which a claim of pesticidal activity other than or in addition
8 to an activity described in subclause (i)(A) is made; or
9 (B) an agricultural fungicide product; or
10 (C) an aquatic herbicide product; and
11 (iii) includes any other chemical sterilant product, any
12 other disinfectant product, any other industrial microbiocide
13 product and any other preservative product that is not excluded
14 by subclause (ii).
15 * * *
16 (6)(C) "Commercial applicator" means a certified applicator
17 (whether or not he is a private applicator with respect to some
18 uses) who uses or supervises the use of any pesticide on the
19 property or premises of another, or on easements granted under
20 State law, or any applicator who uses or supervises the use of
21 any restricted use pesticide on property owned or rented by him
22 or his employer, when not for purposes of producing an
23 agricultural product. The secretary may be regulation deem
24 certain types of applicator using any pesticide on their own
25 property or that of his employer as commercial applicators.
26 "Commercial applicator" does not include any individual who uses
27 exclusively antimicrobial pesticides, sanitizers or
28 disinfectants.
29 * * *
30 Section 2. Section 16.1 of the act, added December 12, 1986
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1 (P.L.1542, No.167), is amended to read:
2 Section 16.1. Standards of Qualification for Certification
3 of Commercial Applicators.--No individual shall be certified
4 competent to apply or supervise the application of any pesticide
5 for any purpose, unless he has demonstrated his competence to
6 apply pesticides in the proper certification category with the
7 exception that no certification shall be required for any
8 individual who applies exclusively antimicrobial pesticides.
9 Each category shall be subject to separate written testing
10 procedures, requirements and examination fees and shall
11 demonstrate minimum standard proficiency on the basis of a
12 written examination conducted at an approved test site under
13 direction of the department or its designated agents. The
14 secretary shall require a fee not to exceed fifty dollars ($50)
15 for the basic core examination for certified applicators, and an
16 additional fee not to exceed ten dollars ($10) shall be charged
17 for each additional category in which the applicant desires to
18 be certified. An annual fee of thirty dollars ($30) shall be
19 charged when the certification does not require an examination.
20 Certifications shall be valid for one calendar year. The
21 secretary shall promulgate rules and regulations pertaining to:
22 (1) Written examination requirements for obtaining an
23 applicator's certification. Each applicant for certification
24 shall demonstrate knowledge and competence as to:
25 (i) Identification of pests to be controlled and the damages
26 caused by such pests.
27 (ii) The appropriate control measures to be used, including
28 pesticides.
29 (iii) The hazards that may be involved in applying
30 pesticides, so as to protect people and the environment.
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1 (iv) The proper use of pesticide application equipment,
2 including calibration and dosage calculations.
3 (v) Protective clothing and respiratory equipment required
4 during application and handling of pesticides.
5 (vi) General precautions to be followed in cleaning and
6 maintaining equipment used.
7 (vii) Transportation, storage and disposal of pesticides.
8 (viii) Applicable Federal and State pesticide laws and
9 regulations.
10 (2) Renewal of applicator's certificates shall be on the
11 basis of attendance at approved courses. Such courses shall
12 include, at a minimum, a review of certification course subject
13 matter, but shall not include a written examination.
14 Section 3. This act shall take effect in 60 days.
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