Certification and Licensing
Types of Applicator Certification
Pesticide Business Licenses
How to Obtain Certification and
Licensing
Fees
Financial Security Requirement
The West Virginia Pesticide Control Act of 1990 was created to regulate and control pesticides in the public interest by their registration, use and application. Under this law, anyone who applies restricted-use pesticides and businesses commercially applying any pesticide must be certified and licensed to do so.
The Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) requires pesticides to be classified as either for general use or restricted use. FIFRA also requires that anyone applying restricted-use pesticides be certified as a pesticide applicator by his/her state pesticide agency.
A restricted-use pesticide refers to any pesticide that is classified for restricted use by the United States Environmental Protection Agency, or any pesticide declared to be state restricted by the Commissioner of Agriculture.
A general-use pesticide refers to any pesticide that is not classified for restricted use.
The classification of a pesticide depends mainly upon the toxicity and potential hazard of the pesticide to humans, animals and the environment.
Restricted-use pesticides are for sale to and use by certified applicators or registered technicians who are under the direct supervision of certified applicators.
Certification of a pesticide applicator in West Virginia means that the applicator has met the standards of competency on the handling and use of restricted-use pesticides as determined by the West Virginia Department of Agriculture (WVDA). Competency is determined by the passing of a written examination. Certification is valid for a period of three years. During this time, approved pesticide update training must be attended.
Recertification refers to the completion of update training required over a three-year period.
A license is not the same thing as certification. A pesticide license is a permit that allows a pesticide applicator to purchase and use restricted-use pesticides. Every type of license does not expire at the same time. The commercial applicator license, for example, must be renewed annually, while the private applicator license is valid for three years.
All certified pesticide applicators must show a practical knowledge of pest control practices. He or she must be able to recognize common pests and the damage they cause, read and understand the labeling on pesticide containers and have basic knowledge of pesticide safety precautions, disposal procedures and related information.
There are different categories of certified pesticide applicators. The following information describes the different types of applicator certification.
A private applicator is a certified applicator who uses restricted-use pesticides for the purpose of producing an agricultural commodity, as well as on grasslands and noncrop agricultural lands. An agricultural commodity is any plant, plant product, animal or animal product produced mainly for sale, consumption, propagation or use. Examples of private applicators include farmers, ranchers, nurserymen, sod producers, tree growers and so forth.
A certified public applicator is a certified applicator who uses or supervises the use of restricted-use pesticides as a part of his or her work for a governmental agency, such as the Health Department, Department of Highways, Department of Agriculture or county extension service.
A commercial applicator is a certified applicator who uses or supervises the use of restricted-use or general-use pesticides for a licensed pesticide application business, for a purpose or on property other than as defined in the private applicator or certified public applicator sections. Examples of commercial applicators include pest control operators, aerial applicators, golf course superintendents and so forth.
A registered technician is an employee of a pesticide application business who has not completed all of the requirements of a commercial applicator, and is therefore limited to applying general-use pesticides. The registered technician may, however, apply restricted-use pesticides under the direct supervision of a licensed, certified applicator. Within 30 days of hire, any employee who is not a certified applicator, but will be applying pesticides, must complete a registered technician training program provided by the employer.
Any business operating in West Virginia which sells, stores, recommends for use, mixes or applies pesticides must have a pesticide business license in at least one of these categories:
A licensed pesticide application business is a business that commercially applies pesticides for hire. Examples include pest exterminating businesses, lawn care businesses and so forth.
A regulated pesticide application business is a business that commercially applies pesticides, but is not for hire. Examples include schools, golf courses and office buildings.
A restriced-use pesticide dealer is a business which sells, distributes, stores or offers restricted-use pesticides for sale to certified applicators. Each business operating as a restricted-use pesticide dealer must employ commercial applicators who are certified in the category of pesticide storage and distribution (West Virginia Category 12).
A regulated pesticide dealer is a business which sells, distributes, stores or offers general-use pesticides for sale.
A pesticide consultant is a person who commercially recommends the use of pesticides to others. He or she must be a certified commercial applicator and licensed in the specific category in which recommendations for pesticide use are being made.
How To
Obtain Certification and Licensing
There are study materials available for preparation in taking pesticide licensing examinations. These materials can be sent upon request by calling or writing WVDA, Pesticide Regulatory Programs, 1900 Kanawha Blvd., E., Charleston, WV 25305-01900, (304) 558-2209 or the West Virginia University Extension Service at 414 Brooks Hall, Morgantown, WV 26506, (304) 293-3911.
When ready to take the exam(s), call WVDA's Pesticide Regulatory Programs. A time will be scheduled for taking the exam. A score of 70 percent or higher must be made in order to pass each exam. Those who fail an exam on the first try may retake the exam after 28 days from the date of the first try. Those who fail an exam two or more times must wait 56 days from the date of the last try to retake the exam.
To maintain certification, each commercial applicator, certified public applicator or private applicator must attend workshops or training sessions which have been approved for West Virginia pesticide recertification credit. Commercial and certified public applicators must attend programs totaling at least 10 hours of credit, which is equal to 20 Continuing Certification Units (CCUs), every three years. Private applicators must attend programs totaling at least 5 hours of credit, which is equal to 10 CCUs, every three years.
Each person taking a pesticide examination will be assessed a fee of $10 per examination session. This fee is for one or more examinations taken at the same time.
There is also a fee assessed for each license application. All licensed pesticide application business and pesticide consultant licenses are $50 each. All other licenses are $10 each, except for certified public applicators, for whom the fee is waived.
All fees are payable to WVDA.
Financial
Security Requirement
All licensed pesticide application businesses are required to furnish evidence of financial security to the Commissioner prior to the issuance of a pesticide application business license. This evidence may be in any of the following forms: surety bond, comprehensive general liability insurance policy or certification thereof from an insurance company authorized to do business in West Virginia. Financial security must be shown to be no less than the minimum amount of three hundred thousand dollars ($300,000) for bodily injury or death and one hundred thousand dollars ($100,000) for property damage.
If you have any further questions about becoming licensed, contact:
West Virginia Department of Agriculture
Plant Industries Division
Pesticide Regulatory Programs
1900 Kanawha Blvd., E.
Charleston, WV 25305-01900
(304) 558-2209
FAX (304) 558-2228
