
•	Updating requirements for pesticide dealers/distributors (WAC 16-228-1231 and 16-228-1300). Updates include clarifying language to allow pesticide dealers to distribute/sell pesticides to other distributors and increase parameters for pesticide dealers to record during a sale/distribution of a restricted-use pesticide, including pesticide license expiration date, category applicable to the product being purchased/distributed, and, if applicable, Section 18 or special local need registration number.
•	Updating pilot and aircraft requirements for pesticide applicators (WAC 16-228-1330), including updating language so requirements apply to all aerial applicators of pesticides, not just commercial applicators.
•	Updating and clarifying pesticide license examination standards to articulate a waiting period between failures in rule rather just in policy and to specify that exam proctors may not take pesticide license exams during an exam session they are proctoring (WAC 16-228-1540).
•	Updating pesticide licensing requirements to remove allowance for substitutions to meet the core pesticide requirements; add, merge, and remove licensing classifications (categories); and add language to increase and establish competency standards for all licensees (WAC 16-228-1545, 16-228-15451 (new), 16-228-1546, 16-228-15461 (new), and 16-228-1547).
•	Adding a new section outlining the requirements for the direct supervision of noncertified applicators, including specifying responsibilities of both the supervising certified (licensed) applicator and the noncertified applicator and establishing a minimum age of noncertified applicators (WAC 16-228-1548).
•	Updating language in various sections for cleanup and consistency (WAC 16-228-1010, 16-228-1320, and 16-228-1530).

(1) Certified applicators and all persons applying pesticides to more than one acre of agricultural land in a calendar year including public entities engaged in roadside spraying, and all persons making landscape applications of pesticides to types of property listed in RCW 17.21.410 (1)((,)) (b), (c), (d) and (e) shall keep records for each application which shall include the following:

(a) The full name and full address of the person for whom the pesticide was applied.

(b) The address or exact location of the land where the pesticide was applied. If the application is made to one acre or more of agricultural land, the field must be located on the map on the adopted form. Location of agricultural land shall be made using section, township and range, geographical positioning system coordinates, or by irrigation block and farm unit numbers.

(d) The product name used on the registered label and the United States Environmental Protection Agency registration number, if applicable, of the pesticide which was applied.

(e) The direction from which the wind is blowing and estimated velocity of the wind in miles per hour (mph) and the temperature in degrees Fahrenheit at the time the pesticide was applied: Provided that this subsection (e) shall not apply to applications of baits in bait stations, pesticide applications within structures and drip or subsurface irrigation applications. Wind and temperature readings shall be obtained in close proximity to the application site.

(f) The total amount of pesticide applied such as pounds, gallons, ounces, etc.

(g) The amount of pesticide applied per acre or ((one thousand))1,000 square feet or other appropriate measure.

(i) For PCO classification or residential ornamental applications, the amount shall be recorded to the nearest ounce of product or to the nearest gallon of liquid spray per site.

(ii) Fumigation records shall include the pounds of gas released per ((one thousand))1,000 cubic feet of space, the temperature, and the duration of the exposure period.

(h) The concentration of pesticide that was applied. Liquid applications may be recorded as, but are not limited to, amount of product per ((one hundred))100 gallons of liquid spray, gallons per acre of output volume, ppm, percent product in tank mix (e.g., 1%). For chemigation applications record "inches of water applied" or other appropriate measure.

(i) The pests to be controlled (for PCO classification only).

(j) Specific crop or site to which pesticide was applied.

(k) Apparatus license plate number.

(l) The licensed applicator's full name, certified pesticide applicator license number, complete address, telephone number, and the full name of the individual or individuals making the application.

(m) The number of acres or other appropriate measure to which the pesticide was applied.

(n) For commercial applications, the full name and complete address of the commercial firm.

(2) Application records shall be completed and available to the department the same day the pesticides were applied.

(3) Application records shall be kept for a period of seven years from the date of the application of the pesticide to which such records refer. The director shall, upon request in writing, be furnished with a copy of such records immediately by the licensee.

(4) Upon written request, the applicator shall provide the customer with a record of each application of pesticides to his/her land, for the current season, which shall contain the information listed in WAC 16-228-1320(1).

(5) ((Except as stated in subsection (6) of this section, the information required in subsection (1) of this section shall be provided upon request on the appropriate page of the pesticide record form (figures 1-8): Provided that computerized records may be maintained as long as the records can be produced in the form and format prescribed by the department.

(6) The department may allow by written permit the information required in subsection (1) of this section to be kept in a different form and format than that described in figures 1-8: Provided that the following criteria are met:

(a) The pesticide application recordkeeping system is computerized;

(b) The pesticide application recordkeeping system contains all the information required by subsection (1) of this section, and can be produced in a form and format acceptable to the department.

(7)))When requested, the information required by subsection (1) of this section shall be provided using an appropriate Pesticide Application Record. The department may choose to accept pesticide application records on any physical or electronic form, provided the following criteria are met:

(a) The provided pesticide application record contains all the information required by subsection (1) of this section; and

(b) The pesticide application record produced is in a form and format acceptable to the department.

(6) All apparatus shall be kept in good repair and only that apparatus capable of performing all functions necessary to ensure proper and thorough application of pesticides shall be used. Apparatus shall be cleaned so that no residue remains which may cause injury to land, humans, desirable plants and animals, from subsequent applications.

(((8)))(7) On demand of the director, the applicator shall make immediately available for inspection the pesticides being applied and the apparatus used for the application: Provided that this inspection is made at the site of application or where the apparatus is located.

(((9)))(8) The applicator shall make available necessary safety equipment in proper working order and advise employees on its use to meet the safety requirements of the pesticide label.

(((10)))(9) Maintain a uniform mixture at all times in operating apparatus when applying pesticides.

(((11)))(10) All containers used for pesticide mixtures, other than those in an apparatus, shall have a label identifying the contents as a pesticide, the active ingredient, and appropriate restrictions and precautions.

((State of Washington Department of Agriculture Olympia, Washington 98504		PESTICIDE APPLICATION RECORD (Version 1) NOTE:This form must be completed same day as the application and it must be retained for 7 years (Ref. chapter 17.21 RCW)
1.	Date of Application - Year: . . . .		Month: . . . .	Day: . . . .		Start Time: . . . .
						Stop Time: . . . .
2.	Name of person for whom the pesticide was applied: . . . .
	Firm Name (if applicable): . . . .
	Street Address: . . . .			City: . . . .	State: . . . .	Zip: . . . .
3.	Licensed Applicator's Name (if different from #2 above): . . . . Firm Name (if applicable): . . . .					License No.: . . . .
					Tel No.: . . . .
	Street Address: . . . .			City: . . . .	State: . . . .	Zip: . . . .
4.	Name of person(s) who applied the pesticide (if different from #3 above): . . . .
	. . . .		License No(s). If applicable: . . . .
5.	Application Crop or Site: . . . .
6.	Total Area Treated (acre, sq. ft., etc.): . . . .
7.	Was this application made as a result of a WSDA Permit?			□ No	□ Yes (If yes, give Permit No.) # . . . .
8.	Pesticide Information (please list all information for each pesticide, including adjuvants (buffer, surfactant, etc.), in the tank mix):

a) Full Product Name	b) EPA Reg. No.	c) Total Amount ofPesticide Appliedin Area Treated	d) PesticideApplied/Acre(or other measure)	e) Concentration Applied
			/
			/
			/
			/
			/

9.	Address or exact location of application. NOTE: If the application is made to one acre or more of agricultural land, the field location must be shown on the map on page two of this form.


10.	Wind direction and estimated velocity (mph) during the application: . . . .
11.	Temperature during the application: . . . .
12.	Apparatus license plate number (if applicable): . . . .
13.	□ Air	□ Ground	□ Chemigation
14.	Miscellaneous Information:

AGR 4226 (Rev. 4/07)

Location of Application: If the application covers more than one township or range, please indicate the township & range for the top left section of the map only:

Township: . . . .

Range: E OR W (please indicate:) . . . .

Section(s): . . . .

Block: . . . .

Farm Unit: . . . .

or GPS: . . . .

County: . . . .

PLEASE NOTE:

The map is divided into 4 sections with each section divided into quarter-quarter sections. Please complete it by marking the appropriate section number(s) on the map and indicate as accurately as possible the location of the area treated.

Section: . . . .

↑

│

↑

One

│

Mile

↓

Section: . . . .

Miscellaneous Information:

INSTRUCTIONS

Pesticide Application Record (Version 1) AGR 4226 (Rev. 4/07)

1. Date may be spelled out or indicated numerically. Time must be indicated as start and stop times.

2. Include first and last name.

3. If the person's name is the same as No. 2, write "same" in the space for the licensed applicator's name and include the license number (if applicable) and telephone number.

4. Include first and last name(s).

5. Indicate type of land or site treated, not location. Examples: Wheat, apples, rights of way, lawn, trees and shrubs, crawl space, wall voids, etc.

6. May also be stated in terms such as linear feet, cubic feet, etc. (Specify the term to which the number refers.) If spot treatment, write spot treatment.

7. If the application was made under permit, but no permit number was issued, indicate the date the permit was issued.

8. a) Brand name found on the pesticide label including adjuvants (buffer, spreader, sticker, surfactant, etc.).

b) This number is found on the pesticide container label. If the material is being applied under a federal experimental use permit and no EPA Reg. No. exists, list the federal experimental use permit number. If the material is a spray adjuvant (buffer, spreader, sticker, surfactant, etc.) write "adjuvant" in this space and add the state registration number.

c) Indicate the amount of pesticide formulation (product) applied to the total area listed on line 6.

d) Other measures may include amount/sq. ft., amount/cu. ft., amount/linear ft., etc.

e) This may be listed in various ways, such as: Amount of product/100 gallons water, percent formulation in the tank mix (i.e., 1%), gallons per acre of output volume, ppm (or other measure), or inches of water applied (chemigation). Specify the term to which the number refers.

9. Agricultural land includes such areas as forest lands and range lands. It does not include transportation and utility rights of way.

10. Indicate the direction from which the wind is blowing. Measure wind velocity in mph. If the wind varies in direction and velocity during the application, indicate the range of variance (i.e., S-SW 3-7 mph). Wind readings shall be obtained in close proximity to the application site.

11. Indicate temperature in degrees Fahrenheit. (It may be indicated as the range encountered during application.) Temperature readings shall be obtained in close proximity to the application site.

12. This does not apply to private applicators or public agencies.

13. Check one.

14. Depth of application/inches of water (chemigation).

15. This space is available for any additional information you may wish to include.

Form AGR 4226 (Rev. 4/07) Pg. 2

State of Washington Department of Agriculture Olympia, Washington 98504	PESTICIDE APPLICATION RECORD (Version 2)
	NOTE: Application information must be completed same day as the application and must be retained for seven years (Ref. chapter 17.21 RCW)

1. Name & Address of Person for Whom Pesticide was Applied . . . . . . . . . . . . . . . .					2. Applicator Name and Address (if different from # 1) . . . . . . . . . . . . Tel. No. . . . . . . . . Lic. No. . . . . . . . .
3. Full, complete address or exact location of application (NOTE: If the application is made to one acre or more of agricultural land, the field location must be shown on the map on page two of this form)					4. Misc. Info:
5. Date and Time of Application (Start and Stop)	6. Crop or Site Treated	7. Acres Treated (or other measure)	8. FULL PRODUCT NAME	9. EPA Registration Number		10. Amount of Product Applied		11. Concentration	12. Weather Conditions (wind direction, velocity, temperature). Apparatus License Plate No. and Name and License No. of person(s) who applied pesticide
						Rate per acre (or other measure)	Total Product Applied
	□ Air □ Ground □ Chemigation
	□ Air □ Ground □ Chemigation
	□ Air □ Ground □ Chemigation
	□ Air □ Ground □ Chemigation		. . . . . . . . . . . . . . . . . . . .	. . . . . . . . . . . . . . . . . . . .		. . . . . . . . . . . . . . . . . . . .	. . . . . . . . . . . . . . . . . . . .	. . . . . . . . . . . . . . . . . . . .
AGR 4235 (Rev. 4/07)

Location of Application (If the application covers more than one township or range, please indicate the township & range for the top left section of the map only:

Township: . . . .

Section: . . . .

Range: E OR W (please indicate) . . . .

↑

Section(s): . . . .

One

│

Mile

Block: . . . .

Farm Unit: . . . .

or GPS: . . . .

County: . . . .

↑

│

↓

PLEASE NOTE:

Section: . . . .

AGR 4235 Pg. 2

INSTRUCTIONS

Pesticide Application Record (Version 2) AGR 4235 (Rev. 4/07)

1. Include first and last name.

2. If the person's name is the same as No. 1, write "same" in the space for the licensed applicator's name and include the license number (if applicable) and telephone number.

3. Agricultural land includes such areas as forest lands and range lands. It does not include transportation and utility rights of way.

4. This space is available for any additional information you may wish to include.

5. Date may be spelled out or indicated numerically. Application start and stop times must be indicated.

6. Indicate type of land or site treated, not location. Examples: Wheat, apples, rights of way, lawn, trees and shrubs, crawl space, wall voids, etc.

7. May also be stated in terms such as linear feet, cubic feet, etc. (Specify the term to which the number refers.) If spot treatment, write spot treatment.

8. Brand name found on the pesticide label including adjuvants (buffer, spreader, sticker, surfactant, etc.).

9. This number is found on the pesticide container label. If the material is being applied under a federal experimental use permit and no EPA Reg. No. exists, list the federal experimental use permit number. If the material is a spray adjuvant (buffer, spreader, sticker, surfactant, etc.) write "adjuvant" in this space and add the state registration number.

10. Rate per acre: Other measures may include amount/sq. ft., amount/linear ft., etc. Specify the term to which the number refers. Total product applied is the total product applied between start and stop times.

11. This may be listed in various ways, such as: Amount of product/100 gallons water, percent formulation in the tank mix (i.e., 1%), gallons per acre of output volume, ppm (or other measure), or inches of water applied (chemigation). Specify the term to which the number refers.

12. Weather conditions must include the direction from which the wind is blowing, measure velocity in mph. If the wind varies in direction and velocity during the application, indicate the range of variance (i.e., S-SW 3-7 mph). Temperature must also be indicated in degrees Fahrenheit and may be listed as the range encountered during the application. Wind and temperature readings shall be obtained in close proximity to the application site.

The apparatus license plate number does not apply to private applicators or public agencies.

Include first and last name(s) of person(s) who applied the pesticide. Include license number(s) if applicable.

State of Washington Department of Agriculture Olympia, Washington 98504		PESTICIDE APPLICATION RECORD (Version 3) NOTE: This form must be completed same day as the application and it must be retained for 7 years (Ref. chapter 17.21 RCW)
1.	Date of Application - Year: . . . .		Month: . . . .		Day(s): . . . .
2.	Name of person for whom the pesticide was applied: . . . .
	Firm Name (if applicable): . . . .
	Street Address: . . . .		City: . . . .		State: . . . .	Zip: . . . .
3.	Licensed Applicator's Name (if different from #2 above): . . . .				License No.: . . . .
	Firm Name (if applicable): . . . .			Tel. No.: . . . .
	Street Address: . . . .		City: . . . .		State: . . . .	Zip: . . . .
4.	□ Air	□ Ground	□ Chemigation
5.	Application Crop or Site: . . . .
6.	Total Area Treated (acre. sq. ft., etc.) . . . .
7.	Was this application made as a result of a WSDA Permit?		□ No		□ Yes (If yes, give Permit No.) # . . . .
8.	Pesticide Information (list all information for each pesticide including adjuvants in the tank mix):

Address or exact location of application. NOTE: If the application is made to one acre or more of agricultural land, the field location must be shown on the map on page two of this form.

10. Date	11. Name of person(s) making the application	12. License No.	13. Apparatus Lic. Plate No.	14. Time		15. Acres Completed	16. Wind		17. Temp
10. Date	11. Name of person(s) making the application	12. License No.	13. Apparatus Lic. Plate No.	Start	Stop	15. Acres Completed	Dir.	Vel. (mph)	17. Temp









AGR 4236 (Rev. 4/07)
10. Date	11. Name of person(s) making the application	12. License No.	13. Apparatus Lic. Plate No.	14. Time		15. Acres Completed	16. Wind		17. Temp
10. Date	11. Name of person(s) making the application	12. License No.	13. Apparatus Lic. Plate No.	Start	Stop	15. Acres Completed	Dir.	Vel. (mph)	17. Temp

Location of Application (If the application covers more than one township or range, please indicate the township & range for the top left section of the map only.

Section: . . . .

↑

Township: . . . .

│

Range: E OR W (please indicate): . . . .

↑

One

│

Mile

Section(s): . . . .

↓

Block: . . . .

Farm Unit: . . . .

or GPS: . . . .

County: . . . .

PLEASE NOTE:

Section: . . . .

Miscellaneous Information:

AGR 4236 Pg. 2

INSTRUCTIONS

Pesticide Application Record (Version 3) AGR 4236 (Rev. 4/07)

1. Date may be spelled out or indicated numerically.

2. Include first and last name.

3. If the person's name is the same as No. 2, write "same" in the space for the licensed applicator's name and include the license number (if applicable) and telephone number.

4. Check one.

5. Indicate type of land or site treated, not location. Examples: Wheat, apples, rights of way, lawn, trees and shrubs, crawl space, wall voids, etc.

6. May also be stated in terms such as linear feet or cubic feet. (Specify the term to which the number refers.) If spot treatment, write spot treatment.

7. If the application was made under permit, but no permit number was issued, indicate the date the permit was issued.

8.a) Brand name found on the pesticide label including adjuvants (buffer, spreader, sticker, surfactant, etc.).

c) Indicate the amount of pesticide formulation (product/adjuvant) applied to the total area listed on line 6.

d) Other measures may include amount/sq. ft., amount/cu. ft., amount/linear ft., etc.

f) Depth of application (chemigation).

9. Agricultural land includes such areas as forest lands and range lands. It does not include transportation and utility rights of way.

10. List the date of application.

11. Indicate first and last name(s).

12. List license number(s) if applicable.

13. This does not apply to private applicators or public agencies.

14. Application start and stop times must be indicated. Indicate a.m. or p.m.

15. The total of all entries in this column should equal the total listed on line 6.

16. Indicate the direction from which the wind is blowing. Measure wind velocity in mph. If the wind varies in direction and velocity during the application, indicate the range of variance (i.e., S-SW 3-7 mph). Wind readings shall be obtained in close proximity to the application site.

17. Indicate temperature in degrees Fahrenheit. (It may be indicated as the range encountered during the application.) Temperature readings shall be obtained in close proximity to the application site.

State of Washington

Department of Agriculture

Olympia, Washington 98504

PESTICIDE APPLICATION RECORD (Version 4)

NOTE:This form must be completed same day as the application and it must be retained for 7 years (Ref. chapter 17.21 RCW)

Date of Application - Year: . . . .

Month: . . . .

Day: . . . .

Firm Name: . . . .

Telephone No.: . . . .

Commercial Applicator's Name: . . . .

License No.: . . . .

Street Address: . . . .

City: . . . .

State: . . . .

Zip: . . . .

Name of person(s) who applied the pesticide: . . . .

License No(s): . . . .

Pesticide Information (list all information for each pesticide including spray adjuvants (buffer, surfactant, dye, etc.) in the tank mix):

Concentration

Amount: (Lbs., Qts., etc.) of brand per 100 gallons

Application crop or site: . . . .

Apparatus License Plate No. . . . .

Record the following information for the specific conditions during each application:

customer

(a) full name (b) complete address

amount applied

(gals. of mix)

area treated

(sq. ft., etc.)

start and stop time

temp

f°

wind

dir vel (mph)

1. a)

2. a)

3. a)

4. a)

5. a)

6. a)

7. a)

8. a)

9. a)

AGR 4234 (Rev. 4/07)

INSTRUCTIONS

Pesticide Application Record (Version 4) AGR 4234 (Rev. 4/07)

This form may only be used for commercial residential ornamental and lawn applications. It may not be used to satisfy the application record requirements for agricultural employers.

A. Date may be spelled out or indicated numerically.

B. Include first and last name of the commercial applicator.

C. Include first and last name(s).

D. Product name: Brand name found on the pesticide label including adjuvants (buffer, spreader, sticker, surfactant, etc.).

E. Indicate type of land treated, not location. Examples: Rights of way, lawn, trees and shrubs, driveways, etc.

F. List the number of the license plate affixed to the apparatus.

G. Customer's name and application information should be listed on line A. Street address should be listed on line B, including city. Additional pages may be added for additional customers on the same day, so long as the information in A through F remains the same.

DAILY PESTICIDE APPLICATION RECORD (Version 5)

For Commercial Pest Control Operators Only

NOTE: This form must be completed same day as the application and retained for seven years (Ref. chapter 17.21 RCW)

firm name and address: . . . .

. . . .

telephone number: . . . .

applicator name: . . . .

license no. . . . .

person making application: . . . .

license no. . . . .

date: . . . .

E. apparatus license no: . . . .

customer

(a) full name

(b) full address or location of application

(a) epa reg. no./full product name(s)

(b) concentration

(a) time (in/out)

(b) temp.

application site

(c&c, spot, void, injections, etc.)

pesticide

applied/acre or other measure

1. a)

2. a)

3. a)

4. a)

5. a)

6. a)

7. a)

AGR 4237 (Rev. 4/07)

optional: mileage start

mileage end))

AMENDATORY SECTION(Amending WSR 03-22-029, filed 10/28/03, effective 11/28/03)

WAC 16-228-1330((What are the))Pilot and aircraft requirements for pesticide applicators((?)).

(1) All pilots and aircraft((,)) used for or engaged in the ((commercial)) application of pesticides shall comply fully with the appropriate rules and regulations of the Federal Aviation Administration.

(2) All applicants for ((an))the aerial ((applicators license))pest control classification shall comply with FAA certification requirements. The department may require a current copy of the FAA operating certificate prior to issuance of a license.

AMENDATORY SECTION(Amending WSR 03-22-029, filed 10/28/03, effective 11/28/03)

WAC 16-228-1500((When can a pesticide license be denied, revoked or suspended?))Denial, suspension, revocation of a pesticide license.

(1) The director may deny, suspend, or revoke any provision of a license, registration, permit, or certification issued under chapters 17.21 and 15.58 RCW if it is found that the applicant or the holder of the license, permit, or certification has committed any of the following acts each of which is declared to be a violation:

(a) Made false or fraudulent claims through any media misrepresenting the effect of materials or methods to be utilized;

(b) Made a pesticide recommendation or gave advice or used a pesticide inconsistent with the labeling, the EPA or Washington state registration for that pesticide, an EPA or Washington state experimental use permit for that pesticide, an exemption from registration under provisions of section 18 of FIFRA, or in violation of the EPA or Washington state restrictions on the use of that pesticide;

(d) Operated a faulty or unsafe apparatus;

(e) Operated in a faulty, careless, or negligent manner;

(f) Refused or neglected to comply with the provisions of the applicable sections of chapters 15.58 and 17.21 RCW, the rules adopted thereunder, or of any lawful order of the director;

(g) Refused or neglected to keep and maintain records required by chapters 15.58, 17.21 RCW, and rules adopted thereunder, or to make reports when and as required;

(h) Made false or fraudulent records, invoices, reports, ((and/))or recommendations;

(i) Caused the application of a pesticide without having a licensed or certified applicator ((or operator)) in direct supervision as applicable;

(j) Operated an unlicensed apparatus or an apparatus without a license plate issued for that particular apparatus as provided for in chapter 17.21 RCW or failed to locate the apparatus license plate on the apparatus in a manner required by the department;

(k) ((Failed to properly display, when required, a department issued certified commercial ground applicator vehicle sticker;

(l))) Used((,)) or supervised the use of a pesticide which is restricted to use by certified applicators without having qualified as a certified applicator;

(((m)))(l) Used fraud or misrepresentation in making an application for a license, permit, or certification or renewal of a license, permit, or certification;

(((n)))(m) Refused or neglected to comply with any limitations or restrictions on or in a duly issued license, permit, or certification;

(((o)))(n) Aided or abetted a certified applicator, ((or)) licensed person, or an uncertified or unlicensed person to evade the provisions of chapters 17.21 and 15.58 RCW, conspired with such a certified applicator or licensed person or an uncertified or unlicensed person to evade the provisions of chapters 17.21 and 15.58 RCW or allowed one's license, permit, or certification to be used by another person;

(((p)))(o) Made false, misleading, or erroneous statements or reports during or after an inspection concerning any infestation or infection of pests found on land or in connection with any pesticide complaint or department investigation;

(((q)))(p) Impersonated any state, county, or city inspector or official;

(((r)))(q) Is not qualified to perform as a pest control consultant or pesticide dealer manager or certified applicator in the classifications in which ((he/she is))they are licensed to operate or ((has))have operated, regardless of whether or not ((he/she has))they have previously passed an examination provided for in chapter 15.58 RCW;

(((s)))(r) To have in ((his/her))their possession a department pesticide licensing examination or to remove or cause to remove any said examination or its contents from the department without expressed consent from the department;

(((t)))(s) To violate the testing policies set forth by department representatives prior to the start of an examination session; ((or

(u)))(t) Made or failed to make an inspection, statement, or report in violation of WAC 16-228-2005 through 16-228-2060;

(u) Received a criminal conviction under section 14(b) of FIFRA; or

(v) Received a final order imposing a civil penalty under section 14(a) of FIFRA.

(2) A penalty fee assessed ((as a result of))because of a late license or registration renewal does not prevent the department from taking additional regulatory action against the violator.

(3) No pesticide dealer or dealer manager license shall be denied, suspended, or revoked((,)) simply because a pesticide purchased from that dealer was applied in violation of chapters 15.58, 17.21 RCW or rules adopted thereunder, unless the department finds the dealer or dealer manager in violation of chapters 15.58, 17.21 RCW or rules adopted thereunder.

AMENDATORY SECTION(Amending WSR 03-22-029, filed 10/28/03, effective 11/28/03)

WAC 16-228-1530((What are the requirements for))Pesticide license renewals and penalties((?)).

(1) Except for the pesticide dealer license required under RCW ((15-58-180))15.58.180 and limited private applicator and rancher private applicator licenses, all pesticide licenses shall expire on the December 31st following their issuance:

(2) Pesticide renewal applications for licenses issued under the authority of chapter 17.21 RCW shall be filed on or before January 1st of the appropriate year.

(3) If an application for renewal of any pesticide license issued under the authority of chapter 17.21 RCW is not filed on or prior to January 1st following the expiration date of the license, a penalty shall be assessed as provided in RCW 17.21.140 and added to the original fee((,)) and shall be paid by the applicant before the renewal license is issued.

(4) If an application for renewal of a pesticide dealer license issued under the authority of chapter 15.58 RCW is not filed on or before the master license expiration date, the master license delinquency fee shall be assessed under chapter 19.02 RCW and shall be paid by the applicant before the renewal license is issued.

(5) If an application for renewal of any license issued under the authority of chapter 15.58 RCW, other than the pesticide dealer license, is not filed on or before the expiration date of the license, penalty equivalent to the license fee shall be assessed and added to the original fee((,)) and shall be paid by the applicant before the renewal license is issued.

(6) Nothing herein shall be construed to limit the department's ability, as otherwise provided by law, to deny a license, to condition license renewal, or to enforce violations of applicable laws, subsequent to the expiration of a license.

AMENDATORY SECTION(Amending WSR 22-17-020, filed 8/4/22, effective 9/4/22)

WAC 16-228-1540((What are the requirements for))Pesticide examination((s?))requirements.

(1) An examination fee of $25 shall be paid prior to administration of any paper-based pesticide or structural pest inspector license examination((s)).

(2) An examination fee of not more than $65 shall be paid prior to the administration of each computer-based pesticide or structural pest inspector license examination. If a third-party entity administers a computer-based licensing exam, an applicant shall pay the exam cost established in the vendor's contract with the department, not to exceed the amount set in this section. The department will post this exam fee to its website.

(3) The director may administer the pesticide exams, may contract with an examination or testing vendor to administer the exams, or both.

(4) The department reserves the right to restrict the number of applicants taking examinations at any given time.

(5) Any individual who fails any pesticide licensing examination ((twice))a second, third, or fourth time shall be required to wait at least 14 days before retaking that examination ((a third time. Subsequent testing shall be at the director's discretion)). Individuals who fail a pesticide licensing examination five or more times must wait 60 calendar days before retaking that examination.

(6) An applicant shall complete the application form for a pesticide or structural pest inspector license and pay the required license application fee and testing fee at the time of or prior to administration of the pesticide or structural pest inspector examination((s are given, unless prior arrangements have been made)).

(7) Exam proctors must be designated by the department and may not seek certification at any examination session that they are proctoring.

(8) Pesticide and structural pest inspector examination scores shall not be released by the department until the license application fee and testing fee have been paid.

AMENDATORY SECTION(Amending WSR 16-24-052, filed 12/2/16, effective 1/2/17)

WAC 16-228-1545((What are the))Pesticide licensing requirements((?))for all certified applicators except private applicators, limited private applicators, and rancher private applicators.

(1) All individuals licensed or required to be licensed as commercial pesticide applicators, commercial pesticide operators, private-commercial applicators, demonstration and research applicators, public operators, structural pest inspectors, pest control consultants, and public pest control consultants must be certified, through examination, in all pest control classifications defined in subsection (3)(a) and (b) of this section in which they operate, inspect, or consult. Additionally, commercial pesticide applicators must be licensed in all classifications that the business operates. Licensed applicators may directly supervise unlicensed applicators only in those classifications in which they have a valid certification.

(2) To qualify for any pesticide license listed in subsection (1) of this section, applicants, except the structural pest inspector, must ((pass))demonstrate practical knowledge of the principles and practices of proper and effective use of pesticides by passing a (("))laws and safety((")) examination ((or equivalent,)) that ((includes, but is not limited to, the following: The state and federal laws governing pesticide use and the regulating agencies; general pesticide uses and application techniques; safe use of pesticides; general pesticide labeling comprehension; environmental fate of pesticides, and appropriate storage and disposal of pesticides and their containers. Individuals holding valid, passing scores on the private applicator or dealer manager exam are exempt from this examination requirement))addresses areas of competency described in WAC 16-228-15451(1). Structural pest inspectors conducting complete wood destroying organism inspections must pass a (("))structural pest inspector laws and standards((")) examination or equivalent that includes, but is not limited to, the legal requirements governing structural pest inspectors and the standards for conducting complete wood destroying organism inspections.

(3) Applicator license classifications.

(a) License classifications:

(i) ((Aquatic: The control of aquatic pests in water areas including, but not limited to, canals, rivers, streams, lakes, ponds, marshes and pipe lines.))Aerial pest control: The use of a pesticide by fixed or rotary wing aircraft.

(ii) Aquatic antifouling: The use of antifouling paints to control fouling organisms on the bottom of marine vessels.

(iii) Aquatic irrigation: Limited to the control of aquatic pests in irrigation district water delivery systems where the pesticide is applied directly into the water or enters the water due to the application of the pesticide. Pests include, but are not limited to, moss, algae, cattails, pond weeds, and other emersed and submersed aquatic weeds.

(((iii)))(iv) Aquatic pest control: The control of aquatic pests in water areas including, but not limited to, canals, rivers, streams, lakes, ponds, marshes, and pipelines.

(v) Demonstration and research: The application of pesticides by individuals who demonstrate to the public the proper use and techniques of application of experimental or restricted use pesticides or by individuals who conduct field research with experimental or restricted use pesticides.

(vi) Insect and disease ((- Agricultural))control: The control of insects and diseases((, except with soil fumigants,)) in agricultural crops including forest environments((.

(iv) Insect and disease - Ornamental: The control of insects and diseases))and in ornamental, turf, and right((s))-of-way situations including, but not limited to, golf courses, parks, schools, lawns, yards, gardens, greenhouses, hospitals, and rest homes. This includes, but is not limited to, the use of insecticides (including mosquito adulticides), miticides, fungicides, bacteriocides, ((molluscides and nematocides))molluscicides, and nematicides. This classification does not include the use of fumigants.

(((v) Pest animal: The control of pest animals in agricultural situations.

(vi)))(vii) Livestock pest control: The control of external and internal pests of animals, except viruses, in livestock and livestock premises.

(viii) Pest control operator (PCO) - General: The control of in-sects, spiders, birds, rodents, and animal pests in and around, but not limited to, the following situations: Residences, public buildings and grounds, commercial buildings and grounds, disposal sites, animal feed lots, and farmsteads, including buildings and transportation equipment. This classification does not include the use of fumigants.

(((vii)))(ix) Pest control operator (PCO) - Structural: The control of structurally destructive pests including, but not limited to, fungus, termites, carpenter ants, carpenter bees, and wood-boring beetles. This classification allows a licensee to perform specific wood destroying organism inspections. This classification does not include the use of fumigants. Licensed applicators with this classification are not required to obtain the structural pest inspector license to conduct specific wood destroying organism inspections.

(((viii)))(x) Public health pest control: Application of pesticides by governmental employees and certain others in government-sponsored public health programs such as, but not limited to, mosquito control, rodent control, and insect control in situations having medical and public health importance.

(((ix)))(xi) Seed treatment: The application of pesticides to seeds to control destructive insects and diseases in the production of treated seed as a commodity.

(((x)))(xii) Soil fumigation ((- Risk mitigation measures (RMM))): The use of soil fumigants to control pests including weeds, insects, and diseases. ((This category addresses risk mitigation measures on soil fumigant labels as a result of EPA's reregistration eligibility decision process.

(xi) Stored grain: The use of pesticides (including fumigants and rodenticides) in grain storing facilities and railcars.

(xii)))(xiii) Space (nonsoil) fumigation: The use of fumigants to control pests including, but not limited to, insects, weeds, pathogens, rodents, or any other pest in anything other than soil.

(xiv) Structural pest inspector: Allows for the commercial inspection of buildings for structurally destructive pests, their damage, and conditions conducive to their development. This classification is required to perform complete wood destroying organism inspections.

(((xiii) Stump treatment: The use of herbicides on cut stumps to control resprouting.

(xiv)))(xv) Vertebrate pest control: The outdoor control of vertebrate pests in situations including agricultural and residential areas. This classification does not include the use of fumigants.

(xvi) Weed((s - Agricultural))control: The control of weeds((, except with soil fumigants,)) in all agricultural crops including forest environments((,)) and in former agricultural lands now in a noncrop status((.

(xv) Weeds - Rights of way: The control of weeds, including cut stumps on, but not limited to, terrestrial rights of way locations such as roads and/or highways, railroads, power lines and irrigation ditches and to industrial sites including, but not limited to, airports, industrial parks, and large parking areas.

(xvi) Weeds - Turf and ornamental: The control of weeds (and moss), including cut stumps)), terrestrial right-of-way locations, and in ornamental and turf situations((, which includes)). Right-of-way locations include, but are not limited to, roads, highways, railroads, power lines, and irrigation ditches, and industrial sites including, but not limited to, airports, industrial parks, and large parking areas. Ornamental and turf situations include, but ((is))are not limited to, golf courses, parks, schools, lawns, yards, gardens, hospitals, vacant lots, and open noncrop waste areas. This classification does not include the use of fumigants.

(xvii) Wood treatment: The use of wood preservatives for the control of wood damaging pests.

(b) ((Limited-specialty))Limited specialty: Pest control classification made available by the department for certain pest control activities not included in one of the defined license classifications specified in (a) of this subsection. Limited specialty classifications are limited to the use of general use pesticides. The department may maintain a list of currently available ((limited-specialty))limited specialty subclassifications on the department website. The department at its discretion may, by rule, recategorize a ((limited-specialty))limited specialty subclassification under (b) of this subsection as a license classification under (a) of this subsection.

(4) All examinations required under this section shall be written and taken without the aid of any materials that contain information relevant to the exam content. ((Reading of exams by an individual other than the applicant is not permitted.))Individuals must be capable of independently reading and interpreting exam content.

(5) A passing score of ((seventy))70 percent is established for all the examinations required under this section. The department may establish separate passing scores for the examinations if a validated process is used. Passing scores are valid for obtaining a license in the calendar year in which the examination is taken plus the following calendar year.

(6) The department may waive any of the examination requirements contained in this section for any person holding a valid certification with similar classifications from an EPA or Canadian approved federal, state, or provincial certification program with comparable examination and recertification standards.

NEW SECTION

WAC 16-228-15451Standards for certification of commercial pesticide applicators, commercial pesticide operators, demonstration and research applicators, public operators, pest control consultants, and public pest control consultants.

(1) Individuals seeking certification as commercial pesticide applicators, commercial pesticide operators, demonstration and research applicators, public operators, pest control consultants, and public pest control consultants must demonstrate practical knowledge of the principles and practices of pest control and proper and effective use of pesticides by passing a laws and safety exam that may include the following:

(a) Knowledge of the state and federal laws governing pesticide use;

(b) General pesticide label comprehension to include:

(i) General format and terminology of pesticide labels and labeling;

(ii) Understanding instructions, warnings, terms, symbols, and other information commonly appearing on pesticide labels and labeling;

(iii) Understanding that it is a violation of state and federal law to use any pesticide in a manner inconsistent with its labeling;

(iv) Understanding labeling requirements that a certified applicator must be physically present at the site of application;

(v) Understanding labeling requirements for supervising noncertified applicators working under the direct supervision of a certified applicator;

(vi) Understanding that applicators must comply with all use restrictions and directions for use listed on the pesticide label and labeling, including being certified in the appropriate license classification;

(vii) Understanding the meaning of product classification as either general or restricted use;

(viii) Understanding and complying with notification requirements specific to the product;

(ix) Recognizing and understanding the difference between mandatory and advisory labeling language.

(i) Understanding the difference between acute and chronic toxicity;

(ii) Understanding that a pesticide's risk is a function of exposure and the pesticide's toxicity;

(iii) Understanding the different routes of exposure and how they may occur;

(iv) Common types and causes of pesticide mishaps;

(v) Precautions to prevent injury to applicators and other individuals in or near treated areas;

(vi) The need for, and proper use of, protective clothing and personal protective equipment;

(vii) Symptoms of pesticide poisoning;

(viii) First aid and other procedures to be followed in case of a pesticide mishap;

(ix) Proper identification, storage, transport, handling, mixing procedures, and disposal methods for pesticides and used pesticide containers, including precautions to be taken to prevent children from having access to pesticides and pesticide containers.

(d) Environmental fate of pesticides and the potential consequences of the use and misuse of pesticides including the influence of the following:

(i) Weather and other climatic conditions;

(ii) Types of terrain, soil, or other substrate;

(iii) Presence of fish, wildlife, and other nontarget organisms;

(iv) Drainage patterns.

(e) Proper identification and effective control of pests including the following:

(i) Importance of correctly identifying target pests and selecting the proper pesticide product for effective pest control;

(ii) Verifying that the label does not prohibit the use of the product to control the target pest.

(f) Characteristics of pesticides including the following:

(i) Types of pesticides and pesticide formulations;

(ii) Compatibility, synergism, persistence, and animal and plant toxicity of the formulations;

(iii) Hazards and residue associated with use;

(iv) Factors that influence effectiveness or lead to problems such as pesticide resistance;

(v) Dilution procedures.

(g) Application equipment including the following:

(i) Types of equipment and advantages and limitations of each;

(ii) Use, maintenance, and calibration procedures.

(h) Selecting appropriate application methods including the following:

(i) Methods to apply various forms and formulations of pesticides;

(ii) Knowledge of which application method to use in a given situation and that certain uses require additional certification;

(iii) How selection of application method and use of a pesticide may or may not result in proper use;

(iv) Prevention of drift and pesticide loss into the environment.

(i) Knowledge of the responsibilities of certified applicators supervising noncertified applicators including the following:

(i) Understanding and complying with requirements in WAC 16-228-1548 for certified applicators who supervise noncertified applicators using pesticides for those pesticide licenses listed in this subsection;

(ii) Recordkeeping requirements of pesticide safety training for noncertified applicators who use pesticides under the direct supervision of a certified applicator;

(iii) Providing use-specific instructions to noncertified applicators using pesticides under the direct supervision of a certified applicator;

(iv) Explaining pertinent state, tribal, and federal laws and regulations to noncertified applicators who use pesticides under the direct supervision of a certified applicator.

(j) Understanding the importance of professionalism including the following:

(i) Maintaining chemical security for pesticides;

(ii) How to communicate information about pesticide exposure and risks with customers and the public;

(iii) Appropriate product stewardship for certified applicators.

(2) In addition to satisfying the requirements of subsection (1) of this section, all applicators listed in subsection (1) of this section must demonstrate through written examination practical knowledge of the principles and practices of pest control and proper and effective use of pesticides for each classification in which they intend to operate or consult. Minimum competency standards for each classification are listed in (a) through (o) of this subsection.

(a) Aerial pest control - Individuals must demonstrate practical knowledge of the pest problems and pest control practices associated with performing aerial application of pesticides including:

(i) Labeling requirements and restrictions specific to aerial application of pesticides including:

(A) Spray volumes;

(B) Buffers and no-spray zones;

(D) Label-mandated recordkeeping requirements for aerial pesticide applications including application conditions, if applicable.

(ii) Understanding how to choose and maintain aerial application equipment including the following:

(A) The importance of inspecting application equipment to ensure it is in proper operating condition prior to beginning an application;

(B) Selecting proper nozzles to ensure appropriate pesticide dispersal and to minimize drift;

(C) Knowledge of the components of an aerial pesticide application system including pesticide hoppers, tanks, pumps, and types of nozzles;

(D) Interpreting a nozzle flow rate chart;

(E) Determining the number of nozzles for intended pesticide output using nozzle flow rate chart, aircraft speed, and swath width;

(F) How to ensure nozzles are placed to compensate for uneven dispersal due to uneven airflow from wingtip vortices, helicopter rotor turbulence, and aircraft propeller turbulence;

(G) Where to place nozzles to produce the appropriate droplet size;

(H) How to maintain the application system in good repair including pressure gauge accuracy, filter cleaning according to schedule, and checking nozzles for excessive wear;

(I) How to calculate required and actual flow rates;

(J) How to verify flow rate using fixed timing, open timing, known distance, or a flow meter;

(K) When to adjust and calibrate application equipment.

(iii) Factors to consider before and during application including:

(A) Weather conditions that could impact application by affecting aircraft engine power, take-off distance, and climb rate, or by promoting spray droplet evaporation;

(B) How to determine wind velocity, direction, and air density at the application site;

(iv) Methods to minimize off-target movement including:

(A) How to determine drift potential of a product using a smoke generator;

(B) How to evaluate vertical and horizontal smoke plumes to assess wind direction, speed, and concentration;

(D) Documenting special equipment configurations or flight patterns used to reduce off-target pesticide drift.

(v) Competency in performing an aerial pesticide application including:

(A) Selecting a flight altitude that minimizes streaking and off-target pesticide drift;

(B) Choosing a flight pattern that ensures applicator and bystander safety and proper application;

(D) Tools available to mark swaths, such as global positioning systems and flags;

(E) Recordkeeping requirements for aerial pesticide applications including application conditions, if applicable.

(b) Aquatic antifouling - Individuals must demonstrate practical knowledge of:

(i) The characteristics of aquatic antifouling paints;

(ii) Restrictions on the use of these pesticides;

(iii) Potential for adverse effects on humans, nontarget organisms, and the environment;

(iv) Labels and labeling comprehension.

(i) The characteristics of various aquatic use situations;

(ii) The potential for adverse effects on nontarget organisms, beneficial insects, and other organisms in the immediate aquatic environment and downstream;

(iii) The principles of limited area application.

(d) Aquatic pest control - Individuals must demonstrate practical knowledge of:

(i) The characteristics of various aquatic use situations;

(ii) The potential for adverse effects on nontarget organisms, beneficial insects, and other organisms in the immediate aquatic environment and downstream;

(iii) The principles of limited area application.

(e) Demonstration and research - Individuals must demonstrate practical knowledge of:

(i) The potential problems, pests, and population levels reasonably expected to occur in a demonstration situation;

(ii) The effects of pesticide use on target and nontarget organisms;

(iii) Individuals must also demonstrate competency in each license classification applicable to their demonstration.

(f) Insect and disease control - Individuals must demonstrate practical knowledge of insect and disease pest control in agricultural, ornamental, turf, and right-of-way situations including:

(i) Crops, grasslands, noncrop agricultural lands, ornamental plants, and turf and pests associated with those areas;

(ii) Pre-harvest or restricted entry intervals, other entry-restricted periods, and other areas;

(iii) Potential for phytotoxicity, drift, persistence beyond the intended period of pest control, environmental contamination, nontarget exposure, and other problems resulting from the use of pesticides to control insects and diseases;

(iv) Application methods to minimize hazards to humans, pets, other domestic animals, and nontarget organisms and to minimize runoff;

(v) Types of environments traversed by rights-of-way;

(vi) Recognition of target pests.

(g) Livestock pest control - Individuals must demonstrate practical knowledge of such animals and their associated pests including:

(i) Specific pesticide toxicity and residue potential;

(ii) Hazards associated with factors such as formulation, application techniques, age of animals, stress, and extent of treatment.

(h) Pest control operator - General and structural - Individuals must demonstrate practical knowledge of residential, industrial, institutional, and structural pests including:

(i) Recognizing those pests and signs of their presence, habitats, life cycles, biology, and behavior, as it may be relevant to problem identification and control;

(ii) Types of formulations appropriate for control of residential, industrial, institutional, and structural pests;

(iii) Methods of application that avoid contamination of food, minimize damage to and contamination of areas treated, minimize acute and chronic exposure of people and pets, and minimize environmental impacts.

(i) Public health - Individuals must demonstrate practical knowledge of:

(i) Pests that are important vectors of disease including recognizing the pests and signs of their presence, habitats, life cycles, biology, and behavior as it may be relevant to problem identification and control;

(ii) How to minimize damage to and contamination of areas to be treated, acute and chronic exposure of people and pets, and nontarget exposure.

(j) Seed treatment - Individuals must demonstrate practical knowledge of the characteristics of pest control in seed including:

(i) Recognizing types of seeds to be treated;

(ii) The effects of carriers and surface active agents on pesticide binding and germination;

(iii) The hazards associated with handling, sorting, and mixing;

(iv) Misuse of treated seed;

(v) The importance of proper application techniques to avoid harm to nontarget organisms;

(vi) The proper disposal of unused treated seed.

(k) Soil fumigation - Individuals must demonstrate practical knowledge of the pest problems and pest control practices associated with performing soil fumigation including the following:

(i) Familiarity with the pesticide labels and labeling for products used to perform soil fumigation including the following:

(A) Labeling requirements specific to soil fumigants;

(B) Requirements for certified applicators of fumigants, fumigant handlers and permitted fumigant handler activities, and the safety information that certified applicators must provide to noncertified applicators;

(D) Recordkeeping requirements imposed by product labels and labeling;

(E) Labeling provisions unique to products containing active ingredients.

(ii) Measures to minimize adverse health effects including the following:

(A) Understanding how certified applicators, noncertified applicators using fumigants under the direct supervision of certified applicators, field workers, and bystanders can become exposed to fumigants;

(B) Common problems and mistakes that can result in direct exposure to fumigants;

(D) Air concentrations of a fumigant that require that applicators wear respirators or exit the work area entirely;

(E) Steps to take if a fumigant applicator experiences sensory irritation;

(F) Understanding air monitoring, when it is required, and where and when to take samples;

(G) Buffer zones including procedures for buffer zone monitoring and who is permitted to be in a buffer zone;

(H) First aid measures to take in the event of exposure to a soil fumigant;

(I) Labeling requirements for transportation, storage, spill clean-up, and emergency response for soil fumigants including safe disposal of containers and contaminated soil and management of empty containers.

(iii) Characteristics of soil fumigants including the following:

(A) Chemical characteristics of soil fumigants;

(B) Specific human exposure concerns for soil fumigants;

(D) How soil fumigants disperse in the application zone;

(E) Compatibility concerns for tanks, hoses, tubing, and other equipment.

(iv) Selecting appropriate application methods and timing including the following:

(A) Application methods including, but not limited to, water-run and nonwater-run applications and equipment commonly used for each soil fumigant;

(B) Site characteristics that influence fumigant exposure;

(D) Weather conditions that could impact timing of soil fumigant application and labeling statements limiting applications during specific weather conditions;

(E) Conducting preapplication inspection of application equipment;

(F) Understanding the purpose and methods of soil sealing including the factors that determine which soil sealing method to use;

(G) Understanding the use of tarps including the range of tarps available, how to seal tarps, and labeling requirements for tarp removal, perforation, and repair;

(H) Calculating the amount of product required for a specific treatment area;

(I) Understanding the basic techniques for calibrating soil fumigant application equipment.

(v) Soil and pest factors that influence fumigant activity including the following:

(A) Influence of soil factors on fumigant volatility and movement within the soil profile;

(B) Factors that influence gaseous movement through the soil profile and into the air;

(C) Soil characteristics including how soil characteristics affect the success of a soil fumigation application, assessing soil moisture, and correcting soil characteristics that could hinder a successful soil fumigation application;

(D) Identifying pests causing the damage and verifying they can be controlled with soil fumigation;

(E) Understanding the relationship between pest density and application rate;

(F) The importance of proper application depth and timing.

(vi) Understanding what personal protective equipment is necessary and how to use it properly including the following:

(A) Following labeling directions for required personal protective equipment;

(B) Selecting, inspecting, using, caring for, replacing, and disposing of personal protective equipment;

(C) Understanding the types of respirators required when using specific soil fumigants and how to use them properly including medical evaluation, fit testing, and required replacement of cartridges and canisters;

(D) Labeling requirements and other laws applicable to medical evaluation for respirator use, fit tests, training, and recordkeeping.

(vii) Information about fumigant management plans including the following:

(A) When a fumigant management plan must be in effect, how long it must be kept on file, where it must be kept during the application, and who must have access to it;

(B) The elements of a fumigant management plan and resources available to assist the applicator in preparing a fumigant management plan;

(D) The elements, purpose, and content of a post-application summary, who must prepare it, and when it must be completed.

(viii) Understanding buffer zones and posting requirements including the following:

(A) Buffer zones and the buffer zone period;

(B) Identifying who is and is not allowed in a buffer zone during the buffer zone period;

(D) Factors that affect buffer zone size and calculating buffer zones based on those factors;

(E) Distinguishing between buffer zone posting and treated area posting including the preapplication and post-application posting time frames for each;

(F) Proper choice and placement of warning signs.

(l) Space (nonsoil) fumigation - Individuals must demonstrate practical knowledge of the pest problems and pest control practices associated with performing fumigation application of pesticides to sites other than soil including:

(i) Familiarity with the pesticide labels and labeling for products used to perform space fumigation including labeling requirements specific to space fumigants;

(ii) Measures to minimize adverse health effects including the following:

(A) Understanding how certified applicators, noncertified applicators using fumigants under the direct supervision of certified applicators, and bystanders can become exposed to fumigants;

(B) Common problems and mistakes that can result in direct exposure to fumigants;

(D) Air concentrations of a fumigant that require applicators to wear respirators or to exit the work area entirely;

(E) Steps to take if a fumigant applicator experiences sensory irritation;

(F) Understanding air monitoring, when it is required, and where and when to take samples;

(G) Buffer zones including procedures for buffer zone monitoring and who is permitted to be in a buffer zone;

(H) First aid measures to take in the event of exposure to a fumigant;

(I) Labeling requirements for transportation, storage, spill clean-up, and emergency response for space fumigants including safe disposal of containers and contaminated materials, and management of empty containers.

(iii) Characteristics of space fumigants including the following:

(A) Chemical characteristics of space fumigants;

(B) Specific human exposure concerns for space fumigants;

(D) How fumigants disperse in the application zone;

(E) Compatibility concerns for tanks, hoses, tubing, and other equipment.

(iv) Selecting appropriate application methods commonly used for space fumigation;

(A) Application methods and equipment commonly used for space fumigation;

(B) Site characteristics that influence fumigant exposure;

(C) Conditions that could impact timing of space fumigant application such as air stability, air temperature, humidity, and wind current, and labeling statements limiting applications under specific conditions;

(D) Conducting preapplication inspection of application equipment and the site to be fumigated;

(E) Understanding the purpose and methods of sealing the area to be fumigated including the factors that determine which sealing method to use;

(F) Calculating the amount of product for a specific treatment area;

(G) Understanding the basic techniques for calibrating space fumigant application equipment;

(H) Understanding when and how to conduct air monitoring and when it is required.

(v) Pest factors that influence fumigant activity including the following:

(A) Influence of pest factors on fumigant volatility;

(B) Factors that influence gaseous movement through the area being fumigated and into the air;

(D) Understanding the relationship between pest density and application rate;

(E) The importance of proper application rate and timing.

(vi) Understanding what personal protective equipment is necessary and how to use it properly including the following:

(A) Following label directions for required personal protective equipment;

(B) Selecting, inspecting, using, caring for, replacing, and disposing of personal protective equipment;

(C) Understanding the types of respirators required when using specific space fumigants and how to use them properly including medical evaluation, fit testing, and required replacement of cartridges and canisters;

(D) Labeling requirements and other laws applicable to medical evaluation for respirator use, fit tests, training, and recordkeeping.

(vii) Information about fumigant management plans and when they are required including the following:

(A) When a fumigant management plan must be in effect, how long it must be kept on file, where it must be kept during the application, and who must have access to it;

(B) The elements of a fumigant management plan and resources available to assist the applicator in preparing a fumigant management plan;

(D) The elements, purpose, and content of a post-application summary, who must prepare it, and when it must be completed.

(viii) Understanding posting requirements including the following:

(A) Understanding who is and is not allowed in an area being fumigated or after fumigation;

(B) Distinguishing fumigant label-required posting and treated area posting including the preapplication and post-application posting time frames for each;

(m) Vertebrate pest control - Individuals must demonstrate practical knowledge of:

(i) Crops, grasslands, noncrop agricultural lands, ornamental plants, and turf and vertebrate pests associated with those areas, including recognizing those pests and signs of their presence, habitats, life cycles, biology, and behavior;

(ii) Potential for adverse effects on humans, nontarget organisms, and the environment as a result of the use of pesticides for vertebrate pest control;

(iii) Potential for persistence of the pesticide beyond the intended period of pest control;

(iv) Application methods to minimize hazards to humans, pets, other domestic animals, and nontarget organisms and to minimize runoff;

(v) Comprehension of laws and regulations applicable to the control of vertebrate pests;

(vi) Types of environments traversed by rights-of-way;

(vii) Labels and labeling comprehension.

(n) Weed control - Individuals must demonstrate practical knowledge of weed control in agricultural, ornamental, turf, and right-of-way situations including:

(i) Crops, grasslands, noncrop agricultural lands, ornamental plants, turf, and right-of-way areas (terrestrial and aquatic), and weed pests associated with those areas;

(ii) Preharvest or restricted entry intervals and other entry-restricted periods and areas;

(iii) Potential for phytotoxicity due to a wide variety of plants and pests to be controlled, drift, persistence beyond the intended period of pest control, environmental contamination, nontarget exposure, and other problems resulting from the use of pesticides to control weeds including run-off, drift, and excessive foliage destruction;

(iv) Application methods to minimize hazards to humans, pets, other domestic animals, and nontarget organisms;

(v) Recognition of target pests.

(o) Wood treatment - Individuals must demonstrate practical knowledge of:

(i) Characteristics of wood preservatives;

(ii) Recognizing pests and signs of their presence;

(iii) Potential for adverse effects on humans and the environment as a result of the use of wood preservatives for the control of wood damaging pests;

(iv) Measures to minimize adverse health effects and method of application;

(v) Labels and labeling comprehension.

AMENDATORY SECTION(Amending WSR 16-24-052, filed 12/2/16, effective 1/2/17)

WAC 16-228-1546((What are the requirements for a))Private applicator license((?))requirements.

(1) To qualify for a private applicator license, an individual must pass a private applicator examination that covers areas of competency described in WAC 16-228-15461(1). The examination shall be written and taken without the aid of any materials that contain information relevant to the exam content. ((Reading of exams by an individual other than the applicant is not permitted.))Individuals must be capable of independently reading and interpreting exams. Individuals holding valid, passing scores on the laws and safety examination((, or equivalent, or the dealer manager exam, and one))and both of the classifications in WAC 16-228-1545 (3)(a)(((iii) or (xiv) or the now retired statewide classification,))(vi) and (xvi) are exempt from this examination requirement.

(2) Private applicators applying pesticides by fixed or rotary wing aircraft must obtain the aerial classification described in WAC 16-228-1545 (3)(a)(i).

(3) Private applicators making aquatic applications to water that moves off their own or their employer's agricultural land must obtain the aquatic classification described in WAC 16-228-1545 (3)(a)(((i)))(iv).

(4) Private applicators applying space fumigants must obtain the space fumigation classification described in WAC 16-228-1545 (3)(a)(xiii).

(5) Private applicators applying soil fumigants ((may))must obtain the soil fumigation classification described in WAC 16-228-1545 (3)(a)(((x) as an option to meet label required active ingredient training))(xii).

(((3)))(6) A passing score of ((seventy))70 percent is established for the examinations required under this section. The department may establish separate passing scores for the examinations if a validated process is used. Passing scores are valid for obtaining a license in the calendar year in which the examination is taken plus the following calendar year.

(((4)))(7) The department may waive the examination requirements contained in this section for any person holding a valid certification with similar classifications from an EPA or Canadian approved federal, state, or provincial certification program with comparable examination and recertification standards.

NEW SECTION

WAC 16-228-15461Standards for certification of private applicators.

(1) To qualify for a private applicator license, an individual must demonstrate practical knowledge of the principles and practices of pest control associated with the production of agricultural commodities and effective use of restricted use pesticides including the following:

(a) Knowledge of the state and federal laws governing pesticide use including understanding the Worker Protection Standard in WAC 16-228-233.

(b) General pesticide label comprehension to include:

(i) General format and terminology of pesticide labels and labeling;

(ii) Understanding instructions, warnings, terms, symbols, and other information commonly appearing on pesticide labels and labeling;

(iii) Understanding that it is a violation of state and federal law to use any pesticide in a manner inconsistent with its labeling;

(iv) Understanding when a certified applicator must be physically present at the site of application based on labeling requirements;

(v) Understanding labeling requirements for supervising noncertified applicators working under the direct supervision of a certified applicator;

(vii) Understanding the meaning of product classification as either general or restricted use;

(viii) Understanding and complying with notification requirements specific to the product;

(ix) Recognizing and understanding the difference between mandatory and advisory labeling language.

(i) Understanding the difference between acute and chronic toxicity;

(ii) Understanding that a pesticide's risk is a function of exposure and the pesticide's toxicity;

(iii) Understanding the different routes of exposure and how they may occur;

(iv) Common types and causes of pesticide mishaps;

(v) Precautions to prevent injury to applicators and other individuals in or near treated areas;

(vi) The need for and proper use of protective clothing and personal protective equipment;

(vii) Symptoms of pesticide poisoning;

(viii) First aid and other procedures to be followed in case of a pesticide mishap;

(ix) Proper identification, storage, transport, handling, mixing procedures, and disposal methods for pesticides and used pesticide containers including precautions to be taken to prevent children from having access to pesticides and pesticide containers.

(d) Environmental fate of pesticides and the potential consequences of the use and misuse of pesticides including the influence of the following:

(i) Weather and other climatic conditions;

(ii) Types of terrain, soil, or other substrate;

(iii) Presence of fish, wildlife, and other nontarget organisms;

(iv) Drainage patterns.

(e) Proper identification and effective control of pests including the following:

(i) Importance of correctly identifying target pests and selecting the proper pesticide product for effective pest control;

(ii) Verifying that the label does not prohibit the use of the product to control the target pest.

(f) Characteristics of pesticides including the following:

(i) Types of pesticides and pesticide formulations;

(ii) Compatibility, synergism, persistence, and animal and plant toxicity of the formulations;

(iii) Hazards and residues associated with use;

(iv) Factors that influence effectiveness or lead to problems such as pesticide resistance;

(v) Dilution procedures.

(g) Application equipment including the following:

(i) Types of equipment and the advantages and limitations of each type;

(ii) Use, maintenance, and calibration procedures.

(h) Selecting appropriate application methods including the following:

(i) Methods to apply various forms and formulations of pesticides;

(ii) Knowledge of which application method to use in a given situation and that certain uses require additional certification;

(iii) How selection of application method and use of a pesticide may or may not result in proper use;

(iv) Prevention of drift and pesticide loss into the environment.

(i) Knowledge of the responsibilities of certified applicators supervising noncertified applicators including the following:

(i) Understanding and complying with requirements in WAC 16-228-1548 for private applicators who directly supervise noncertified applicators using restricted use pesticides;

(ii) Providing use-specific instructions to noncertified applicators using pesticides under the direct supervision of a certified applicator;

(iii) Explaining appropriate state, tribal, and federal laws and regulations to noncertified applicators working under the direct supervision of a certified applicator.

(j) Understanding the importance of stewardship including the following:

(i) Maintaining chemical security for restricted use pesticides;

(ii) How to communicate information about pesticide exposures and risks with agricultural workers, handlers, and other individuals.

(k) Practical knowledge of pest control applications to agricultural commodities including the following:

(i) Specific pests of relevant agricultural commodities;

(ii) How to avoid contamination of ground and surface waters;

(iii) Understanding preharvest and restricted entry intervals and other entry-restricted periods and areas;

(iv) Understanding specific pesticide toxicity and residue potential when pesticides are applied to animal or animal product agricultural commodities;

(v) Relative hazards associated with using pesticides on animals or places in which animals are confined based on formulation, application technique, age of animal, stress, and extent of treatment.

(2) In addition to satisfying the requirements of subsection (1) of this section, private applicators, limited private applicators, and rancher private applicators must demonstrate through written examination practical knowledge of the principles and practices of pest control and proper and effective use of pesticides for each of the areas of pesticide use specified in WAC 16-228-1546(2).

(a) Aerial pest control: Minimum competency standards for this classification for private applicators are equivalent to those listed in WAC 16-228-15451 (2)(a).

(b) Aquatic pest control: Minimum competency standards for this classification for private applicators are equivalent to those listed in WAC 16-228-15451 (2)(d).

(c) Soil fumigation: Minimum competency standards for this classification for private applicators are equivalent to those listed in WAC 16-228-15451 (2)(k).

(d) Space (nonsoil) fumigation: Minimum competency standards for this classification for private applicators are equivalent to those listed in WAC 16-228-15451 (2)(l).

AMENDATORY SECTION(Amending WSR 03-22-029, filed 10/28/03, effective 11/28/03)

WAC 16-228-1547((What are the requirements for a))Dealer manager license((?))requirements.

(1) To qualify for a dealer manager license, an individual must pass a dealer manager examination. The examination shall be written and taken without the aid of any materials that contain information relevant to the exam content. ((Reading of exams by an individual other than the applicant is not permitted.))Individuals must be capable of independently reading and interpreting exam content.

(2) A passing score of ((seventy))70 percent is established for the examination required under this section. The department may establish a separate passing score for the examination if a validated process is used. Passing scores are valid for obtaining a license in the calendar year in which the examination is taken plus the following calendar year.

NEW SECTION

WAC 16-228-1548Requirements for direct supervision of noncertified applicators by certified applicators.

(1) General requirements:

(a) The certified applicator must meet the following general requirements before supervising the use of federal restricted use pesticides by a noncertified applicator:

(i) The certified applicator must have practical knowledge of applicable state and federal supervisory requirements including any requirements on the product label and labeling regarding use of pesticides by noncertified applicators.

(ii) The certified applicator must be certified in each classification applicable to the use being supervised.

(b) The certified applicator must ensure that each noncertified applicator using a pesticide under the direct supervision of the certified applicator meets all the following requirements:

(i) The noncertified applicator has met all the qualification requirements listed in subsection (2) of this section.

(ii) The noncertified applicator has been instructed in the last 12 months in the safe operation of any equipment they will be using for mixing, loading, transferring, or applying pesticides.

(iii) The noncertified applicator has met the minimum age required to use pesticides under the supervision of the certified applicator. The noncertified applicator must be at least 18 years of age except that the noncertified applicator may be at least 16 years of age if all the following are met in addition to any applicable minimum age requirements under the worker protection standard:

(A) The noncertified applicator is using the restricted use pesticide under the direct supervision of a certified private applicator who is an immediate family member as defined in WAC 16-233-016(20).

(B) The pesticide is not a federal restricted use fumigant.

(c) The certified applicator must ensure that all the following are met before allowing a noncertified applicator to use a pesticide under their direct supervision:

(i) The certified applicator must ensure that the noncertified applicator has access to the applicable product labeling at all times during its use.

(ii) The certified applicator must ensure that any noncertified applicator has clean labeling-required personal protective equipment in proper operating condition when the labeling requires that personal protective equipment be worn for mixing, loading, applying, or any other use activities. The certified applicator must also ensure that the personal protective equipment is worn and used correctly for its intended purpose.

(iii) Before use of a pesticide, the certified applicator must provide to each noncertified applicator instructions specific to the site and pesticide used. These instructions must include labeling directions, precautions, and requirements applicable to the specific use and site and how the characteristics of the use site and the conditions of application might affect the risk of adverse effects. The certified applicator must provide this information in a manner that the noncertified applicator can understand.

(iv) The certified applicator must ensure that before each day of use, equipment used for mixing, loading, transferring, or applying pesticides is in proper operating condition as intended by the manufacturer and can be used without risk of adverse effects to the noncertified applicator, other individuals, or the environment.

(v) The certified applicator must ensure that a means to immediately communicate with the certified applicator is available to each noncertified applicator using pesticides under their direct supervision.

(vi) All certified applicators except private applicators, limited private applicators, and rancher private applicators must be physically present at the site of application when supervising any type of application, except when general use pesticides are applied using nonapparatus type equipment in forest situations. All certified applicators must be physically present at the site of the use being supervised when required by the product labeling.

(2) Before any noncertified applicator uses a federal restricted use pesticide under the direct supervision of a certified applicator, in addition to the general requirements listed in subsection (1) of this section, the supervising certified applicator must ensure that the noncertified applicator has met one of the following qualifications:

(a) The noncertified applicator has been trained in accordance with subsection (3) of this section within the last 12 months.

(b) The noncertified applicator has met the training requirements for an agricultural handler under WAC 16-233-201 within the last 12 months.

(c) The noncertified applicator is currently a certified applicator but is not certified to perform the type of application being conducted or is not certified in the jurisdiction where the use will take place.

(3) Requirements for training programs for noncertified applicators applying federal restricted use pesticides under the direct supervision of a certified applicator:

(a) General noncertified applicator training must be presented to noncertified applicators either orally from written materials or audiovisuals. The information must be presented in a manner that the noncertified applicator can understand. The person conducting the training must be present during the entire training program and must respond to the noncertified applicator's questions.

(b) The person who conducts the training must meet one of the following requirements:

(i) Trainer must be currently licensed as an applicator under this chapter.

(ii) Trainer must be currently designated as a trainer of certified applicators or pesticide handlers by the director.

(iii) Trainer must have completed an approved pesticide safety train-the-trainer program for trainers of handlers under the worker protection standard, chapter 16-233 WAC.

(c) The noncertified applicator training materials include the information that noncertified applicators need in order to protect themselves, other individuals, and the environment before, during, and after making a restricted use pesticide application. The noncertified applicator training materials must include, at a minimum, the following:

(i) Potential hazards from toxicity and exposure that pesticides present to noncertified applicators and their families, including acute and chronic effects, delayed effects, and sensitization.

(ii) Different routes of exposure and how they may occur.

(iii) Signs and symptoms of pesticide poisoning.

(iv) Routing and emergency first aid and decontamination procedures including:

(A) Emergency eye flushing techniques.

(B) Steps to follow after dermal exposure to pesticides such as washing with soap and water, shampooing hair, and changing into clean clothes.

(v) How and when to obtain emergency medical care.

(vi) Potential hazards from pesticide residues on clothing and shoes and precautions to take to avoid exposure.

(vii) Potential hazards to children and pregnant women from pesticide exposure.

(viii) How to report suspected pesticide use violations to the director or other appropriate agency responsible for pesticide enforcement.

(ix) Format and meaning of information contained on pesticide labels and in labeling applicable to the safe use of the pesticide, including the location and meaning of the restricted use pesticide statement, how to identify when the labeling requires the certified applicator to be physically present during the use of the pesticide, and information on personal protective equipment.

(x) The need for and appropriate use of personal protective equipment.

(xi) How to recognize, prevent, and provide first-aid treatment for heat-related illness.

(xii) Safety requirements and restrictions for handling, transporting, storing, and disposing of pesticides including general procedures for spill cleanup.

(xiii) The potential for environmental consequences of the use and misuse of pesticides including factors such as drift, runoff, and wildlife hazards.

(xiv) Restrictions on the use of restricted use pesticides and who can apply them.

(xv) Restrictions on taking pesticides or pesticide containers used at work to the home.

(xvi) The responsibilities of the certified applicator as specified in subsection (1)(c) of this section.

(4) Recordkeeping.

(a) Certified applicators except private applicators, limited private applicators, and rancher private applicators, prior to directly supervising the use of federal restricted use pesticides, must create or verify the existence of records documenting that each noncertified applicator has the qualifications required in subsection (2) of this section. For each noncertified applicator, the records must contain the information appropriate to the method of qualification:

(i) If the noncertified applicator was trained in accordance with subsection (3) of this section, the record must contain all the following information:

(A) The noncertified applicator's printed name and signature;

(B) The date the noncertified applicator met the training requirement;

(D) The title and description of the training provided.

(ii) If the noncertified applicator was trained in accordance with subsection (2)(b) of this section, the record must contain all the information required by WAC 16-233-201(4).

(iii) If the noncertified applicator is a certified applicator who is not certified to perform the type of application being conducted or not certified in the jurisdiction where the use will take place, the record must include all the following information:

(A) The noncertified applicator's name;

(B) The noncertified applicator's license number;

(D) The certifying authority that issued that license.

(b) Certified applicators except for private applicators, limited private applicators, and rancher private applicators must create or verify the existence of the record containing the required information specified in (a) of this subsection before allowing the noncertified applicator to use federal restricted use pesticides under their direct supervision.

(c) Certified applicators, except for private applicators, limited private applicators, and rancher private applicators, supervising any noncertified applicator must have access to records documenting the information required in (a) of this subsection at the certified applicator's principal place of business for two years from the date the certified applicator used the federal restricted use pesticide.

(d) Private applicators supervising noncertified applicators must comply with training records recordkeeping requirements specified in WAC 16-233-201.

AMENDATORY SECTION(Amending WSR 03-22-029, filed 10/28/03, effective 11/28/03)

WAC 16-228-1550((What are the requirements for))Apparatus display sign((s?))requirements.

(1) A certified applicator making a landscape application shall display the name and telephone number of the applicator or applicator's employer on any ((power equipment))apparatus.

(2) A certified applicator making a right of way application shall display the name and telephone number of the applicator or the applicator's employer and the words "vegetation management application((.))"on any apparatus.

(3) Apparatus ((display signs shall be attached to and prominently displayed on the application apparatus and shall be clearly visible.))license plates, as provided for in chapter 17.21 RCW, shall be attached to and prominently displayed on the apparatus for which they have been issued: Provided that an apparatus license plate may be affixed to a vehicle which contains the particular apparatus. Attached plates shall be clearly visible and in a location easily accessible for inspection by the department.

(4) Lettering of the apparatus display signs shall be, at a minimum, two inches in height and shall be printed in color contrasting to the background.

REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 16-228-1555

Where must commercial applicator apparatus license plates and windshield identification be placed?

a) Full Product Name

b) EPA Reg. No.

c) Total Amount ofPesticide Appliedin Area Treated

d) Pesticide
Applied/Acre
(or other measure)

e) Concentration
Applied

f) Depth of Application (Chemigation)