Md. Code Regs. 15.05.01.08

Current through Register Vol. 51, No. 25, December 13, 2024

Section 15.05.01.08 - Pest Control Applicator, Pest Control Consultant, and Public Agency Applicator Certification, and Categories of Pest Control

A. Certification. A person shall apply to the Department, using Departmental forms, for certification as a pest control applicator, pest control consultant, or public agency applicator in any of the following categories or subcategories of pest control:

(1) Agricultural. This category consists of the following subcategories:

(a) Plant. This subcategory authorizes a pest control applicator, public agency applicator, or pest control consultant to perform pest control:

(i) In the production of agricultural crops including, but not limited to, small grains, soybeans, forage, tobacco, vegetables, small fruits, and tree fruits; and

(ii) On grasslands and noncrop agricultural lands.

(b) Animal.

(i) This subcategory authorizes a pest control applicator, public agency applicator, or pest control consultant to perform pest control on livestock or poultry, including, but not limited to swine, sheep, horses, goats, chickens, and turkeys, where such animals are housed or otherwise confined.

(ii) A veterinary practitioner is not required to be certified under this chapter unless that person is a pest control applicator or pest control consultant.

(c) Grain Treatment. This subcategory authorizes a pest control applicator, public agency applicator, or pest control consultant to perform pest control on, in, or around stored grain to prevent insect and rodent damage, including the use of a fumigant for this purpose.

(2) Forest. This category authorizes a pest control applicator, public agency applicator, or pest control consultant to perform pest control in forests, forest nurseries, reforestation projects, or forest-seed producing areas.

(3) Ornamental or Turf. This category authorizes a pest control applicator, public agency applicator, or pest control consultant to perform pest control in the maintenance and production of ornamental trees, shrubs, flowers, and turf. Subcategories are:

(a) Ornamental plants and shade trees-exterior;

(b) Ornamental plants-interior; and

(c) Turf and lawn pest control.

(4) Seed Treatment. This category authorizes a pest control applicator, public agency applicator, or pest control consultant to perform pest control on seed.

(5) Aquatic. This category authorizes a pest control applicator, public agency applicator, or pest control consultant to perform pest control in or on standing or running water, wetland areas, or within tidal areas. This category does not include applicators engaged in public health pest control listed below.

(6) Right-of-Way and Weed. This category authorizes a pest control applicator, public agency applicator, or pest control consultant to perform pest control in the maintenance of:

(a) Any public road, electric powerline, pipeline, railway right of way, or similar area; and

(b) Noncropland, fence lines, structural perimeters, or similar area.

(7) Industrial, Institutional, Structural, and Health Related Pest Control. This category authorizes a pest control applicator, public agency applicator, or pest control consultant to perform pest control in, on, or around any food handling establishment, dwelling, business, or institution, such as schools, hospitals, industrial establishments, boxcars, ships, and airplanes. Subcategories are:

(a) General pest control-pest control of household pests within or adjacent to a structure of any kind. This subcategory does not include any subcategory indicated below.

(b) Wood destroying insects-pest control involving termites and other wood destroying insects in or on a structure of any kind. This subcategory includes pretreating areas before completion of a structure.

(c) Wildlife control-pest control involving birds, mammals, reptiles, and other wildlife not covered by the rodent control category. A person who holds a current Wildlife Damage Control Permit, as required by the Maryland Department of Natural Resources under COMAR 08.03.15, is not required to hold a license, permit, or certificate for wildlife pest control under the Maryland Pesticide Applicators Law, if that person does not:

(i) Provide damage control services for European starlings, feral pigeons, and house sparrows; or

(ii) Use pesticides, including repellants, in the course of that person's operations.

(d) Rodent control-pest control involving rodents found in or around structures.

(e) Fumigation-pest control involving the use of a fumigant to treat structures or commodities.

(8) Public Health. This category authorizes a pest control applicator, public agency applicator, or pest control consultant to perform pest control in public health programs for the management and control of pests having medical and public health importance including, but not limited to, the management and control of mosquitoes.

(9) Regulatory. This category authorizes a public agency applicator to perform pest control of regulated pests.

(10) Demonstration and Research. This category authorizes a person to demonstrate pesticide and pest control application techniques or to supervise these demonstrations. Examples of individuals in this category are extension specialists, county agents, teachers, and commercial representatives demonstrating pesticide products, and those individuals demonstrating methods used in public programs. This category also includes a person who conducts research with pesticides and, in doing so, uses or supervises the use of pesticides.

(11) Miscellaneous. This category authorizes a pest control applicator, pest control consultant, or public agency applicator to perform pest control in a category not included above. Subcategories are:

(a) Wood treatment-pest control for the preservation of wood or wood products, including utility pole maintenance, and includes, but is not limited to, pressure treatments, dipping, soaking, diffusion, injection, and topical applications;

(b) Tributyltin (TBT) antifoulant paint-pest control involving the use of marine antifoulant paints containing tributyltin;

(c) Sewer root control-pest control involving the control of roots in sewer lines.

(12) Consultant. This category authorizes a pest control consultant to perform pest identification, provide technical advice on pest control procedures, and make pesticide recommendations.

(13) Aerial. This category authorizes a pest control applicator or public agency applicator to perform pest control by fixed-wing or rotary aircraft to any crop or land area.

B. Certification Requirements.

(1) Pest Control Applicator, Pest Control Consultant, and Public Agency Applicator. Each applicant for a pest control applicator certificate, pest control consultant certificate, or public agency applicator certificate shall be 18 years old or older, demonstrate proof of practical and scientific knowledge of pest control and meet the following requirements:

(a) Pay an annual fee of $75 plus $25 for each category in excess of one (public agency applicators are exempt from the fee);

(b) Pass an examination given by the Department; and

(c) Have one of the following:

(i) One year of experience acceptable to the Department as a full-time registered employee engaged in those categories in which the applicant seeks to be certified (proof of experience may include affidavits from former employers, certification or licensure from other states or the federal government);

(ii) A degree or academic certificate acceptable to the Department;

(iii) A combination of education and experience acceptable to the Department.

(2) Recertification. A certificate shall be renewed annually by:

(a) Applying to the Department;

(b) Demonstrating satisfactory knowledge of pesticide use by attending a training course approved by the Department, or by reexamination; and

(c) Paying the annual certification fee.

C. Duration.

(1) A pest control applicator certificate is valid beginning July 1, or whenever obtained, until June 30.

(2) A pest control consultant certificate is valid beginning January 1, or whenever obtained, until December 31.

D. If an application for renewal of a Pest Control Applicator or Pest Control Consultant Certificate is received by the Department more than 30 days after the expiration date of the certificate, the applicant is subject to a $30 late fee.

Md. Code Regs. 15.05.01.08

Regulation .08 amended effective July 25, 1988 (15:15 Md. R. 1810)
Regulation .08A amended effective April 10, 2006 (33:7 Md. R. 674); November 16, 2009 (36:23 Md. R. 1818)
Regulation .08B amended effective August 18, 2003 (30:16 Md. R. 1076); April 10, 2006 (33:7 Md. R. 674)
Regulation .08D adopted as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)