Section 5E-9.021 - Categories of Licensure for Pesticide Applicators(1) Description of primary categories. (a) Category 1A1 - Agricultural Row Crop Pest Control. This category is applicable to individuals using or supervising the use of restricted use pesticides, or other pesticides requiring licensure, in the production of agricultural crops other than tree crops, including but not limited to tobacco; peanuts; cotton; feed grains; soybeans and forage crops; vegetables; small fruits not produced on trees; grasslands; or non-crop agricultural lands; but not including the use or supervision of restricted use fumigant pesticides. This category is valid for licensure of commercial and public applicators.(b) Category 1A2 - Agricultural Tree Crop Pest Control. This category is applicable to individuals using or supervising the use of restricted use pesticides, or other pesticides requiring licensure, in the production of agricultural tree crops, including but not limited to citrus; pecans; or other fruits, nuts, or agricultural crops grown on trees; but not including the use or supervision of restricted use fumigant pesticides. This category is valid for licensure of commercial and public applicators.(c) Category 1B - Agricultural Animal Pest Control. This category is applicable to individuals using or supervising the use of restricted use pesticides, or other pesticides requiring licensure, in the production of agricultural animals, including but not limited to beef or dairy cattle, swine, sheep, horses, goats, poultry, fish, or other agricultural livestock. Use in the production of agricultural animals means applications of pesticides on or to the animals themselves or in or on places where such animals are kept or confined or places such animals are likely to be kept or confined. Doctors of Veterinary Medicine engaged in the business of applying pesticides for hire, publicly holding themselves out as pesticide applicators, or engaged in large-scale use of pesticides, must be licensed in this category. This category is valid for licensure of commercial and public applicators.(d) Category 1C - Private Applicator Agricultural Pest Control. This category includes individuals using or supervising the use of restricted use pesticides, or other pesticides requiring licensure, in the production of agricultural plants, including but not limited to tobacco, peanuts, cotton, feed grains, soybeans, forage, vegetables, fruits, nuts, forests, ornamental trees, shrubs, flowers, or turf; or in the fumigation of soil, agricultural structures, or raw agricultural commodities; or in the production of agricultural animals, including but not limited to beef or dairy cattle, swine, sheep, horses, goats, poultry, fish, or other agricultural livestock, and including places on or in which animals are kept or confined or places where such animals are likely to be kept or confined; and on grasslands and non-crop agricultural lands. This category is valid solely for licensure of private applicators.(e) Category 1D - Soil and Greenhouse Fumigation. This category is applicable to individuals using or supervising the use of any restricted use fumigant pesticide injected or applied to field soils; to the soils of seed or transplant beds or containerized plants; to potting soil; to lawns, turf, and ornamentals not associated with structures; or within enclosed agricultural structures such as greenhouses where agricultural production is in progress. This category is valid for licensure of public and commercial applicators.(f) Category 1E - Raw Agricultural Commodity Fumigation. This category is applicable to individuals using or supervising the use of any restricted use fumigant pesticide injected or otherwise applied to any post-harvest raw agricultural commodity within any storage facility, during processing or manufacturing procedures, or applied to or within a storage facility prior to the facility receiving a raw agricultural commodity for storage or after a raw agricultural commodity has been removed from such a facility. Storage facilities include but are not limited to corn cribs, grain elevators, tobacco barns, produce trailers, farm vehicles used to store agricultural commodities, processing plant bins or storage rooms for raw commodities, and any other enclosed structure used to contain a harvested raw agricultural commodity. This category is valid for licensure of public and commercial applicators.(g) Category 2 - Forest Pest Control. This category is applicable to individuals using or supervising the use of restricted use pesticides, or other pesticides requiring licensure, in forests, forest nurseries, and forest seed orchards; but not including the use or supervision of restricted use fumigant pesticides. This category is valid for licensure of public and commercial applicators.(h) Category 3 - Ornamental and Turf Pest Control. This category is applicable to individuals using or supervising the use of restricted use pesticides, or other pesticides requiring licensure, in the production of ornamental trees, shrubs, flowers, or turf; or for the maintenance of any such ornamental plants or turf grasses growing in or on cemeteries, golf courses, parks, or athletic fields; but not including the use or supervision of restricted use fumigant pesticides. This category is valid for licensure of commercial and public applicators.(i) Category 4 - Seed Treatment. This category is applicable to individuals using or supervising the use of restricted use pesticides, or other pesticides designated by the Department as requiring licensure, on seeds; but not including the use or supervision of restricted use fumigant pesticides. This category is valid for licensure of commercial and public applicators.(j) Category 5A - Aquatic Pest Control. This category is applicable to individuals using or supervising the use of any restricted use pesticide, or other pesticide requiring licensure, used or applied to any standing or running water, including banks or shorelines, excluding infusion of chlorine gas as described in Category 7B and applicators engaged in public health related activities as defined in Chapter 388, F.S., and the rules thereunder. This category is valid for licensure of commercial and public applicators.(k) Category 5B - Organotin Antifouling Paint Pest Control. This category is applicable to individuals using or supervising the use of organotin antifouling paints classified as restricted use pesticides, or other pesticides requiring licensure, to control or prevent the growth of aquatic or marine organisms on submerged portions of aquatic or marine objects, structures or vessels. This category is valid for licensure of commercial and public applicators.(l) Category 6 - Right-of-Way Pest Control. This category is applicable to individuals using or supervising the use of restricted use pesticides, or other pesticides requiring licensure, in the maintenance of right-of-way areas associated with public roads, electric power lines, pipelines, railroads, and other similar areas; but not including the use or supervision of restricted use fumigant pesticides. This category is valid for licensure of commercial and public applicators.(m) Category 7A - Wood Treatment. This category is applicable to individuals using or supervising the use of restricted use wood preservative pesticides, or other pesticides requiring licensure, in wood treatment facilities in the production of treated wood products; but not including the use or supervision of restricted use fumigant pesticides. This category is valid for licensure of commercial and public applicators.(n) Category 7B - Chlorine Gas Infusion. This category is applicable to individuals using or supervising the use of chlorine gas to treat water in residential swimming pools by means of a portable system. Persons licensed in this category are authorized to use only those chlorine gas products specifically registered by the U.S. Environmental Protection Agency and the department with label directions for application to residential swimming pools. Individuals who conduct or supervise water treatment through the use of machinery permanently attached to all pools are exempt from this licensure requirement. This category is valid for licensure of commercial applicators.(o) Category 7C - Sewer Root Control. This category is applicable to individuals using or supervising the use of restricted use pesticides to control or prevent the growth of roots in sewer lines or pipes. This category is valid for licensure of commercial and public applicators.(p) Category 9 - Regulatory Pest Control. This category is applicable to state, federal, and other government employees who use or supervise the use of restricted use pesticides, or other pesticides requiring licensure, in the control of regulated pests, including the use or supervision of restricted use fumigant pesticides. This category is valid for licensure of public applicators.(q) Category 11 - Aerial Application. This category is applicable to individuals who apply any pesticide from an aircraft. This category is valid for licensure of public and commercial applicators for treatment sites that may legally (according to product label direction) be treated by aerial application under Chapter 487, F.S.(r) Category 20 - Regulatory Inspection and Sampling. This category is applicable to government employees who collect regulatory samples of restricted use pesticides or conduct inspections involving the handling of opened containers of restricted use pesticides to determine compliance with applicable laws and regulations. Licensure in this category shall not be required of government inspection or sampling employees licensed in another public or commercial pesticide applicator category in accordance with this chapter, Chapters 388 or 482, F.S. This category is valid solely for licensure of public applicators. Licensure in this category does not authorize the application of restricted use pesticides.(s) Category 21 - Natural Areas Weed Management. This category is applicable to individuals who use or supervise the use of restricted use herbicides to control unwanted vegetation to protect natural communities of conservation and recreation lands and natural areas. This category is valid for licensure of commercial and public applicators. Applicators acting under the authority of another license category prior to this category being established may continue activities under the alternate category until license renewal or expiration.(2) Description of secondary category. Category 10 - Demonstration and Research. This category is applicable to the following:
1) individuals who publicly demonstrate or supervise the demonstration of the proper use and application techniques of restricted use pesticides or other pesticides requiring licensure. Such individuals may include but are not limited to extension specialists, county agents, commercial industry representatives, and other individuals who demonstrate pesticide handling procedures used in public programs; and2) individuals who conduct or supervise field research that utilizes restricted use pesticides or other pesticides requiring licensure. Licensure in this category authorizes pesticide demonstration and research only in accordance with other categories in which licensure is held. This category is valid for licensure of commercial and public applicators.(3) Requirements and restrictions on category licensure. (a) Private applicators who apply restricted use pesticides by ground application must be licensed in Category 1C - Private Applicator Agricultural Pest Control. No other primary or secondary categories are available for licensure of private applicators.(b) Public and commercial applicators must be licensed in a minimum of one primary category, exclusive of Category 1C - Private Applicator Agricultural Pest Control. The latter category is not valid for licensure of public or commercial applicators.(c) Public and commercial applicators must be licensed in all primary and secondary categories applicable to the types of pesticide applications to be made. Exceptions: 1) Category 1C does not apply to public or commercial applicators;2) Individuals licensed in Category 9 need not be licensed in Category 1D or 1E;3) Aerial applicators who make no ground applications and no pest management decisions, but only apply pesticides aerially at the request of another party who has made the necessary determinations regarding pest management and pesticide application, do not need to be licensed in any category except Category 11. Aerial applicators who make determinations regarding pest management and pesticide application must be licensed in the aerial category and all other categories applicable to the treatment site(s).Fla. Admin. Code Ann. R. 5E-9.021
Rulemaking Authority 487.0435, 570.07(23) FS. Law Implemented 487.0435 FS.
New 6-9-94, Amended 7-2-95, 9-24-98, 6-27-99, 2-21-02, 9-16-04.New 6-9-94, Amended 7-2-95, 9-24-98, 6-27-99, 2-21-02, 9-16-04.