206.5 CERTIFICATION REQUIREMENTS -- RULES.
1. A commercial or public applicator shall not apply any
pesticide and a person shall not apply any restricted use pesticide
without first complying with the certification requirements of this
chapter and such other restrictions as determined by the secretary.
2. a. A commercial applicator shall choose between a one-year
certification for which the applicator shall pay a thirty dollar fee
or a three-year certification for which the applicator shall pay a
seventy-five dollar fee. A public applicator shall choose between a
one-year certification for which the applicator shall pay a ten
dollar fee or a three-year certification for which the applicator
shall pay a fifteen dollar fee. A private applicator shall pay a
fifteen dollar fee for a three-year certification.
b. To be initially certified as a commercial, public, or
private applicator, a person must complete an educational program
which shall consist of an examination required to be passed by the
person. After initial certification the commercial, public, or
private applicator must renew the certification by completing the
educational program which shall consist of either an examination or
continuing instructional courses. The commercial, public, or private
applicator must pass the examination each third year following
initial certification or may elect to attend two hours of continuing
instructional courses each year.
3. A commercial, public, or private applicator is not required to
be certified to apply pesticides for a period of twenty-one days from
the date of initial employment if the commercial, public, or private
applicator is under the direct supervision of a certified applicator.
For the purposes of this section, "under the direct supervision
of" means that the application of a pesticide is made by a
competent person acting under the instructions and control of a
certified applicator who is physically present, by being in sight or
hearing distance of the supervised person.
4. A commercial applicator who applies pesticides to agricultural
land may, in lieu of the requirement of direct supervision, elect to
be exempt from the certification requirements for a commercial
applicator for a period of twenty-one days, if the applicator meets
the requirements of a private applicator.
5. A person employed by a farmer not solely as a pesticide
applicator who applies restricted use pesticides as an incidental
part of the person's general duties or a person who applies
restricted use pesticides as an incidental part of a custom farming
operation is required to meet the certification requirements of a
private applicator.
6. An employee of a food processing and distribution
establishment is exempt from the certification requirements of this
section provided that at least one person holding a supervisory
position is certified and provided that the employer provides a
program, approved by the department, for training, testing, and
certification of personnel who apply, as an incidental part of their
duties, any pesticide on property owned or rented by the employer.
The secretary shall adopt rules to administer the provisions of this
paragraph.
7. a. The secretary shall adopt, by rule, requirements for
the examination, reexamination, and certification of applicants.
b. The department shall adopt rules providing for the program
requirements which shall at least include the safe handling,
application, and storage of pesticides, the correct calibration of
equipment used for the application of pesticides, and the effects of
pesticides upon the groundwater.
(1) The department shall adopt by rule criteria for allowing a
person required to be certified to complete either a written or oral
examination.
(2) The department shall administer the instructional courses, by
either teaching the courses or selecting persons to teach the
courses, according to criteria as provided by rules adopted by the
department. The department shall, to the extent possible, select
persons to teach the courses in each county. The department is not
required to compensate persons selected to teach the courses. In
selecting persons, the department shall rely upon organizations
interested in the application of pesticides, including associations
representing pesticide applicators and associations representing
agricultural producers.
(3) The Iowa cooperative extension service in agriculture and
home economics of Iowa state university of science and technology
shall cooperate with the department in administering the
instructional courses. The Iowa cooperative extension service may
teach courses, train persons selected to teach courses, or distribute
informational materials to persons teaching the courses.
c. The secretary may adopt rules to provide for license and
certification adjustments, including fees, which may be necessary to
provide for an equitable transition for licenses and certifications
issued prior to January 1, 1989. The rules shall also include a
provision for renewal of certification and for a thirty-day renewal
grace period.
d. The secretary shall also adopt rules which allow for an
exemption from certification for a person who uses certain services
and is not solely a pesticide applicator, but who uses the services
as an incidental part of the person's duties.
206.5 CERTIFICATION REQUIREMENTS -- RULES.
1. A commercial or public applicator shall not apply any
pesticide and a person shall not apply any restricted use pesticide
without first complying with the certification requirements of this
chapter and such other restrictions as determined by the secretary.
2. a. A commercial applicator shall choose between a one-year
certification for which the applicator shall pay a thirty dollar fee
or a three-year certification for which the applicator shall pay a
seventy-five dollar fee. A public applicator shall choose between a
one-year certification for which the applicator shall pay a ten
dollar fee or a three-year certification for which the applicator
shall pay a fifteen dollar fee. A private applicator shall pay a
fifteen dollar fee for a three-year certification.
b. To be initially certified as a commercial, public, or
private applicator, a person must complete an educational program
which shall consist of an examination required to be passed by the
person. After initial certification the commercial, public, or
private applicator must renew the certification by completing the
educational program which shall consist of either an examination or
continuing instructional courses. The commercial, public, or private
applicator must pass the examination each third year following
initial certification or may elect to attend two hours of continuing
instructional courses each year.
3. A commercial, public, or private applicator is not required to
be certified to apply pesticides for a period of twenty-one days from
the date of initial employment if the commercial, public, or private
applicator is under the direct supervision of a certified applicator.
For the purposes of this section, "under the direct supervision
of" means that the application of a pesticide is made by a
competent person acting under the instructions and control of a
certified applicator who is physically present, by being in sight or
hearing distance of the supervised person.
4. A commercial applicator who applies pesticides to agricultural
land may, in lieu of the requirement of direct supervision, elect to
be exempt from the certification requirements for a commercial
applicator for a period of twenty-one days, if the applicator meets
the requirements of a private applicator.
5. A person employed by a farmer not solely as a pesticide
applicator who applies restricted use pesticides as an incidental
part of the person's general duties or a person who applies
restricted use pesticides as an incidental part of a custom farming
operation is required to meet the certification requirements of a
private applicator.
6. An employee of a food processing and distribution
establishment is exempt from the certification requirements of this
section provided that at least one person holding a supervisory
position is certified and provided that the employer provides a
program, approved by the department, for training, testing, and
certification of personnel who apply, as an incidental part of their
duties, any pesticide on property owned or rented by the employer.
The secretary shall adopt rules to administer the provisions of this
paragraph.
7. a. The secretary shall adopt, by rule, requirements for
the examination, reexamination, and certification of applicants.
b. The department shall adopt rules providing for the program
requirements which shall at least include the safe handling,
application, and storage of pesticides, the correct calibration of
equipment used for the application of pesticides, and the effects of
pesticides upon the groundwater.
(1) The department shall adopt by rule criteria for allowing a
person required to be certified to complete either a written or oral
examination.
(2) The department shall administer the instructional courses, by
either teaching the courses or selecting persons to teach the
courses, according to criteria as provided by rules adopted by the
department. The department shall, to the extent possible, select
persons to teach the courses in each county. The department is not
required to compensate persons selected to teach the courses. In
selecting persons, the department shall rely upon organizations
interested in the application of pesticides, including associations
representing pesticide applicators and associations representing
agricultural producers.
(3) The Iowa cooperative extension service in agriculture and
home economics of Iowa state university of science and technology
shall cooperate with the department in administering the
instructional courses. The Iowa cooperative extension service may
teach courses, train persons selected to teach courses, or distribute
informational materials to persons teaching the courses.
c. The secretary may adopt rules to provide for license and
certification adjustments, including fees, which may be necessary to
provide for an equitable transition for licenses and certifications
issued prior to January 1, 1989. The rules shall also include a
provision for renewal of certification and for a thirty-day renewal
grace period.
d. The secretary shall also adopt rules which allow for an
exemption from certification for a person who uses certain services
and is not solely a pesticide applicator, but who uses the services
as an incidental part of the person's duties.
206.5 CERTIFICATION REQUIREMENTS -- RULES.
1. A commercial or public applicator shall not apply any
pesticide and a person shall not apply any restricted use pesticide
without first complying with the certification requirements of this
chapter and such other restrictions as determined by the secretary.
2. a. A commercial applicator shall choose between a one-year
certification for which the applicator shall pay a thirty dollar fee
or a three-year certification for which the applicator shall pay a
seventy-five dollar fee. A public applicator shall choose between a
one-year certification for which the applicator shall pay a ten
dollar fee or a three-year certification for which the applicator
shall pay a fifteen dollar fee. A private applicator shall pay a
fifteen dollar fee for a three-year certification.
b. To be initially certified as a commercial, public, or
private applicator, a person must complete an educational program
which shall consist of an examination required to be passed by the
person. After initial certification the commercial, public, or
private applicator must renew the certification by completing the
educational program which shall consist of either an examination or
continuing instructional courses. The commercial, public, or private
applicator must pass the examination each third year following
initial certification or may elect to attend two hours of continuing
instructional courses each year.
3. A commercial, public, or private applicator is not required to
be certified to apply pesticides for a period of twenty-one days from
the date of initial employment if the commercial, public, or private
applicator is under the direct supervision of a certified applicator.
For the purposes of this section, "under the direct supervision
of" means that the application of a pesticide is made by a
competent person acting under the instructions and control of a
certified applicator who is physically present, by being in sight or
hearing distance of the supervised person.
4. A commercial applicator who applies pesticides to agricultural
land may, in lieu of the requirement of direct supervision, elect to
be exempt from the certification requirements for a commercial
applicator for a period of twenty-one days, if the applicator meets
the requirements of a private applicator.
5. A person employed by a farmer not solely as a pesticide
applicator who applies restricted use pesticides as an incidental
part of the person's general duties or a person who applies
restricted use pesticides as an incidental part of a custom farming
operation is required to meet the certification requirements of a
private applicator.
6. An employee of a food processing and distribution
establishment is exempt from the certification requirements of this
section provided that at least one person holding a supervisory
position is certified and provided that the employer provides a
program, approved by the department, for training, testing, and
certification of personnel who apply, as an incidental part of their
duties, any pesticide on property owned or rented by the employer.
The secretary shall adopt rules to administer the provisions of this
paragraph.
7. a. The secretary shall adopt, by rule, requirements for
the examination, reexamination, and certification of applicants.
b. The department shall adopt rules providing for the program
requirements which shall at least include the safe handling,
application, and storage of pesticides, the correct calibration of
equipment used for the application of pesticides, and the effects of
pesticides upon the groundwater.
(1) The department shall adopt by rule criteria for allowing a
person required to be certified to complete either a written or oral
examination.
(2) The department shall administer the instructional courses, by
either teaching the courses or selecting persons to teach the
courses, according to criteria as provided by rules adopted by the
department. The department shall, to the extent possible, select
persons to teach the courses in each county. The department is not
required to compensate persons selected to teach the courses. In
selecting persons, the department shall rely upon organizations
interested in the application of pesticides, including associations
representing pesticide applicators and associations representing
agricultural producers.
(3) The Iowa cooperative extension service in agriculture and
home economics of Iowa state university of science and technology
shall cooperate with the department in administering the
instructional courses. The Iowa cooperative extension service may
teach courses, train persons selected to teach courses, or distribute
informational materials to persons teaching the courses.
c. The secretary may adopt rules to provide for license and
certification adjustments, including fees, which may be necessary to
provide for an equitable transition for licenses and certifications
issued prior to January 1, 1989. The rules shall also include a
provision for renewal of certification and for a thirty-day renewal
grace period.
d. The secretary shall also adopt rules which allow for an
exemption from certification for a person who uses certain services
and is not solely a pesticide applicator, but who uses the services
as an incidental part of the person's duties.
