Pennsylvania Administrative Code

§ 128.32. Categories of business licenses. A commercial or public business shall identify in its application those business categories in which it desires to operate. A business shall employ for each business category in which it makes a pesticide application at least one applica…

§ 128.33. Assignment of work. A pesticide application business may not allow an individual to make a pesticide application in an applicator category in which the individual has not been certified as an applicator or trained and registered as a technician. Authority The provisions…

§ 128.34. Financial responsibility. (a) The Department will consider a certificate of insurance from an insurer or surety to be evidence of financial responsibility if the insurer or surety is licensed to do business under section 1605 of the Insurance Company Law of 1921 (40 P. …

§ 128.35. Recordkeeping. (a) A pesticide application business shall keep for every application of a pesticide a record containing the following information: (1) The date of application. For a pesticide requiring a reentry time, the date of application must include the hour comple…

COMMERCIAL AND PUBLIC APPLICATIONS § 128.41. Requirements for certification. (a) A person is deemed to be a commercial or public applicator and required to be certified if one or more of the following criteria are met: (1) A person who applies or supervises the application of a p…

§ 128.42. Categories of commercial and public applicators. A commercial or public applicator applying or supervising the application of a pesticide shall be certified in one or more of the following applicator categories: (1) Agronomic crops—The use of a pesticide in the producti…

§ 128.43. Determination of competence. (a) For each of the categories listed in § 128.42 (relating to categories of commercial and public applicators), competence in the use and handling of pesticides shall be determined on the basis of a written examination. The examination will…

§ 128.44. Eligibility. (a) A person is eligible for certification upon reaching 18 years of age and fulfilling the requirements under § § 128.41—128.43 (relating to requirements for certification; categories of commercial and public applicators; and determination of competence). …

§ 128.45. Recertification. (a) At intervals of 3 years, a certified commercial or public applicator shall provide evidence of having received current update training in technology relating to pesticides in the specific categories in which the applicator is certified to maintain c…

PESTICIDE APPLICATION TECHNICIANS § 128.51. Training program. (a) A pesticide application technician shall obtain instruction in, and possess adequate knowledge of, the proper use and handling of pesticides. The training program must include: (1) Those areas of knowledge describe…

§ 128.52. Registration. (a) A business shall submit to the Department a list of persons it intends to register as technicians. The postmarked date or date of receipt will indicate the beginning of a training period to consist of at least 30 calendar days of training. (b) At the c…

§ 128.53. Recordkeeping. (a) A pesticide application business employing a technician shall keep records of training provided to meet the requirements of § 128.51 (relating to training program). (b) The pesticide application business shall keep as part of its records proof of pers…

PRIVATE APPLICATORS § 128.61. Determination of competence. (a) Competency in the use and handling of restricted use pesticides by a private applicator will be determined on the basis of a proctored written examination. The examination will include the following: (1) Areas of know…

§ 128.62. Eligibility. (a) A private applicator will be eligible for a permit upon reaching 16 years of age and fulfilling the requirements of § 128.61 (relating to determination of competence) and subsection (b). (b) Within 1 year of fulfilling the requirements of § 128.61, a pr…

§ 128.63. Recertification. (a) At intervals of 3 years, a private applicator shall have accumulated credits as a result of having received update training approved by the Department in technology relating to the proper and safe use of pesticides to continue as a permitted private…

§ 128.64. Fumigation by a private applicator. (a) A private applicator shall hold a permit in the proper fumigation category to purchase or attempt to purchase or use a restricted use fumigant product. (b) In addition to the requirements in § 128.61 (relating to determination of …

§ 128.65. Recordkeeping. (a) A private applicator shall keep for each application of a restricted use pesticide a record containing the following information: (1) The date of application. For a restricted use pesticide requiring a reentry time, the date of application must includ…

RECIPROCITY § 128.71. General. A person who is not a resident of this Commonwealth, but who has a valid license, certificate or permit from another state, may obtain an appropriate Pennsylvania license, certificate or permit if the state in which the person is licensed has a reci…

§ 128.72. Procedure. A person desiring a license under § 128.71 (relating to general) shall submit to the Department a properly completed application, the appropriate fee and evidence of financial responsibility as required along with a copy of the person’s current license, certi…

§ 128.81. Right-of-way application. (a) Prior notification required. A commercial/public applicator may not apply a restricted use pesticide to a right-of-way without first giving prior notification in the form of a notice published in two newspapers of general circulation in the…

§ 128.82. Nonagricultural specific site application. (a) Prior notification required. A commercial/public applicator may not make a specific site application of a restricted use pesticide without first giving prior notification by constructive notification to a person residing in…

§ 128.83a. Agricultural application. (a) Prior notification required. A commercial/public applicator may not apply a restricted use pesticide for an agricultural purpose without first giving prior notification in the form of a notice published in two newspapers of general circula…

§ 128.84. Nonagricultural area-wide application. (a) Prior notification required. A commercial/public applicator may not make an area-wide application of a restricted use pesticide without first giving prior notification in the form of a notice published in two newspapers of gene…

§ 128.85a. Ornamental or turf application notification. (a) Notification. (1) A person who wishes to be notified of future pesticide applications to lawn, turf, ornamental or shade trees on neighboring property shall submit a written request to the licensed pesticide application …

§ 128.88. Recordkeeping for prior notification. (a) The pesticide application business shall keep, for each occasion in which prior notification is required, a record containing the following information: (1) A copy of the newspaper advertisement or a statement describing other m…

§ 128.89. Notification request. A request for notification made under this subchapter shall expire on December 31 in the year in which it is made. Cross References This section cited in 7 Pa. Code § 130d.5 (relating to public notice by applicant).

§ 128.91. EPA approval required. (a) Only pesticides which have been approved by the EPA for registration under section 3 of FIFRA (7 U.S.C.A. § 136a) or are permitted to be distributed under a Federal exemption under section 18 or 25(b) of FIFRA (7 U.S.C.A. § § 136p and 136w(b))…

§ 128.92. Special local need registration. (a) Special local need registrations are subject to approval by the Department for pesticides currently registered for use in this Commonwealth. A special local need label shall conform with 40 CFR 162.153(e) (relating to state registrat…

§ 128b.1. Authority and purpose. (a) Under the authority granted it under the act, the Department establishes a pesticide disposal program to be designated as ‘‘CHEMSWEEP.’’ This Program will allow the Department to identify and quantify canceled, unused or suspended pesticides h…

§ 128b.10. Responsibilities of applicant or participant. (a) Generally. An applicant or participant is responsible for the safe storage of pesticides held, owned or possessed by the applicant or participant. This exclusive responsibility does not lapse with the filing of a prereg…

§ 128b.11. Unidentified pesticides. The Department will obtain a sample of an unidentified pesticide with respect to which disposal is sought through the Program. The sample will be analyzed by the laboratories of the Department. If the Department is subsequently able to identify…

§ 128b.12. Program limitations. (a) The Department will accept a maximum of 2,000 pounds of pesticide for disposal from any one participant annually. The participant may pay the contractor directly for collection, transport and disposal of pesticides in excess of 2,000 pounds at …

§ 128b.13. Pesticide inventory. Following the expiration of the 90-day preregistration application period in § 128b.8(a) (relating to preregistration process), the Department will compile an inventory of the pesticides which are located within a particular participating county an…

§ 128b.14. Bid specifications. (a) General. After the Department completes its compilation of the pesticide inventory for a particular participating county, it shall develop bid specifications for use in contracting for the disposal of the pesticide inventory. The Department may …

§ 128b.15. Notification of participants. After the Department awards a pesticide disposal contract with respect to a participating county, the contractor will notify each selected applicant holding, owning or possessing pesticides to be disposed of under the disposal contract tha…

§ 128b.16. Central-site. Although the Department will assist the contractor in obtaining a central site for pesticide collection prior to transportation and disposal, the decision whether to use a particular site for pesticide collection is exclusively the contractor’s. The contr…

§ 128b.17. Conditions requiring on-site pesticide collection. A leaking, deteriorated or otherwise unsafe container of pesticide may not be transported by a participant to a central site for collection by a contractor, but shall be over packed and collected onsite by the contract…

§ 128b.18. State and Federal regulations. To the extent that a conflict is subsequently found to exist between this chapter and other regulations of the Commonwealth or the United States pertaining to the collection, packing, transport, storage or disposal of hazardous waste, or …

§ 128b.2. Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—The Pennsylvania Pesticide Control Act of 1973 (3 P. S. § § 111.21—111.61). Agricultural commodities—Agricultural, hor…

§ 128b.3. Selection of participating counties. (a) County participation. The Department will conduct the Program yearly in selected counties of this Commonwealth. (b) Selection criteria. In selecting the counties to participate in the Program during a particular fiscal year, the …

§ 128b.4. Limitation of the number of participating counties. The number of eligible counties participating during a particular fiscal year may not exceed 21 except when emergency situations arise. Authority The provisions of this § 128b.4 amended under section 7(b)(2) of the Pes…

§ 128b.5. Funding. (a) Principal source. A portion of the annual fees collected by the Department with respect to the registration of pesticides distributed within this Commonwealth, as described at section 5.1(a) of the act (3 P. S. § 111.25a(a)) and § 128.3(i) (relating to fees…

§ 128b.6. Eligibility of persons to participate. (a) Requirements. To be eligible to be considered for participation in the Program, a person shall meet the following requirements: (1) Hold, own or possess pesticides that are or have been registered for sale and use within this C…

§ 128b.7. Preregistration application. (a) Application required. A person who seeks to participate in the Program shall complete and file with the Department a preregistration application form. (b) Mandatory information. The Department will develop a Program preregistration appli…

§ 128b.8. Preregistration process. (a) Application period. The Department will fix a 90 day period within which it will accept preregistration application forms within a particular participating county. (b) Dissemination of notice. Prior to the commencement of the preregistration…

§ 128b.9. Inspection and verification. (a) Department inspection. The Department may physically inspect the premises at which a pesticide listed on a preregistration application is stored. The inspection will be conducted at a time agreeable to both the Department and the applica…

§ 13.1. Adoption of Federal regulations. Except as otherwise provided in this chapter, 7 CFR 81 (relating to regulations governing the inspection of poultry and poultry products) is hereby adopted by the Department as governing poultry hygiene in this Commonwealth. Source The pro…