7 U.S.C. § 136i : US Code - Section 136I: Use of restricted use pesticides; applicators

Search 7 U.S.C. § 136i : US Code - Section 136I: Use of restricted use pesticides; applicators

(a) Certification procedure
(1) Federal certification
In any State for which a State plan for applicator
certification has not been approved by the Administrator, the
Administrator, in consultation with the Governor of such State,
shall conduct a program for the certification of applicators of
pesticides. Such program shall conform to the requirements
imposed upon the States under the provisions of subsection (a)(2)
of this section and shall not require private applicators to take
any examination to establish competency in the use of pesticides.
Prior to the implementation of the program, the Administrator
shall publish in the Federal Register for review and comment a
summary of the Federal plan for applicator certification and
shall make generally available within the State copies of the
plan. The Administrator shall hold public hearings at one or more
locations within the State if so requested by the Governor of
such State during the thirty days following publication of the
Federal Register notice inviting comment on the Federal plan. The
hearings shall be held within thirty days following receipt of
the request from the Governor. In any State in which the
Administrator conducts a certification program, the Administrator
may require any person engaging in the commercial application,
sale, offering for sale, holding for sale, or distribution of any
pesticide one or more uses of which have been classified for
restricted use to maintain such records and submit such reports
concerning the commercial application, sale, or distribution of
such pesticide as the Administrator may by regulation prescribe.
Subject to paragraph (2), the Administrator shall prescribe
standards for the certification of applicators of pesticides.
Such standards shall provide that to be certified, an individual
must be determined to be competent with respect to the use and
handling of the pesticides, or to the use and handling of the
pesticide or class of pesticides covered by such individual's
certification. The certification standard for a private
applicator shall, under a State plan submitted for approval, be
deemed fulfilled by the applicator completing a certification
form. The Administrator shall further assure that such form
contains adequate information and affirmations to carry out the
intent of this subchapter, and may include in the form an
affirmation that the private applicator has completed a training
program approved by the Administrator so long as the program does
not require the private applicator to take, pursuant to a
requirement prescribed by the Administrator, any examination to
establish competency in the use of the pesticide. The
Administrator may require any pesticide dealer participating in a
certification program to be licensed under a State licensing
program approved by the Administrator.
(2) State certification
If any State, at any time, desires to certify applicators of
pesticides, the Governor of such State shall submit a State plan
for such purpose. The Administrator shall approve the plan
submitted by any State, or any modification thereof, if such plan
in the Administrator's judgment - 
(A) designates a State agency as the agency responsible for
administering the plan throughout the State;
(B) contains satisfactory assurances that such agency has or
will have the legal authority and qualified personnel necessary
to carry out the plan;
(C) gives satisfactory assurances that the State will devote
adequate funds to the administration of the plan;
(D) provides that the State agency will make such reports to
the Administrator in such form and containing such information
as the Administrator may from time to time require; and
(E) contains satisfactory assurances that State standards for
the certification of applicators of pesticides conform with
those standards prescribed by the Administrator under paragraph
(1).
Any State certification program under this section shall be
maintained in accordance with the State plan approved under this
section.
(b) State plans
If the Administrator rejects a plan submitted under subsection
(a)(2) of this section, the Administrator shall afford the State
submitting the plan due notice and opportunity for hearing before
so doing. If the Administrator approves a plan submitted under
subsection (a)(2) of this section, then such State shall certify
applicators of pesticides with respect to such State. Whenever the
Administrator determines that a State is not administering the
certification program in accordance with the plan approved under
this section, the Administrator shall so notify the State and
provide for a hearing at the request of the State, and, if
appropriate corrective action is not taken within a reasonable
time, not to exceed ninety days, the Administrator shall withdraw
approval of such plan.
(c) Instruction in integrated pest management techniques
Standards prescribed by the Administrator for the certification
of applicators of pesticides under subsection (a) of this section,
and State plans submitted to the Administrator under subsection (a)
of this section, shall include provisions for making instructional
materials concerning integrated pest management techniques
available to individuals at their request in accordance with the
provisions of section 136u(c) of this title, but such plans may not
require that any individual receive instruction concerning such
techniques or to be shown to be competent with respect to the use
of such techniques. The Administrator and States implementing such
plans shall provide that all interested individuals are notified on
the availability of such instructional materials.
(d) In general
No regulations prescribed by the Administrator for carrying out
the provisions of this subchapter shall require any private
applicator to maintain any records or file any reports or other
documents.
(e) Separate standards
When establishing or approving standards for licensing or
certification, the Administrator shall establish separate standards
for commercial and private applicators.