DEPARTMENT OF AGRICULTURE

          PESTICIDE AND PLANT PEST MANAGEMENT DIVISION

              REGULATION NO. 636.  PESTICIDE APPLICATORS


(By authority conferred on the director of the department of  agriculture  by 
section 8325 of 1994 PA 451, MCL 324.8325)


R 285.636.1    Definitions.
  Rule 1.  (1) As used in these rules:
  (a) "Act" means 1994 PA 451, MCL 324.8301 et seq.
  (b) "Aerial application" means the application of a pesticide by aircraft.
  (c)  "Applicator" means a person who applies pesticides by any  method  for 
any purpose at any place.
  (d)  "Concentration" means the volume  of  pesticide  formulation  and  the 
volume of carrier used to create an end use dilution.
  (e)  "Forest" means a  concentration  of  trees  and   related   vegetation 
in nonurban areas, which is sparsely inhabited,  and  infrequently  used,  by 
humans and which is characterized by natural terrain and drainage patterns.
  (f)   "Fumigation"  means  the  application   of   pesticide    gases    in 
sealed enclosures or structures, including any of the following:
  (i)  Soil.
  (ii)  Stored grain.
  (iii)  Railway cars.
  (iv)  Trucks.
  (v)  Greenhouses.
  (vi)  Indoor areas.
  (g)  "Incidental use" means the application of a general use  pesticide  as 
an accompanying minor occurrence to a primary work assignment.
  (h)  "Licensed commercial applicator"  means  the  owner,   operator,    or 
manager of a licensed pesticide application business.
  (i)   "Private  registered   applicator"   means    an    applicator    who 
applies pesticides as  a  scheduled  and  required  work  assignment  for   a 
private agricultural purpose.
  (2)  The terms defined in the act have the same meanings  when   used    in 
these rules.

  History:  1979 AC; 1991 AACS; 2002 AACS.


R 285.636.2    Application for certification or registration.
  Rule 2.  An applicator who is required to be  certified    or    registered 
under the act shall apply on a form prescribed by the director  and  pay  the 
required fee.  Commercial applicators  shall  designate  the   category    or 
categories  of certification or registration desired in accordance  with    R 
285.636.3.   The application and fee are void 6  months  from  the  date  the
 application  is received.

  History:  1979 AC; 1991 AACS; 2002 AACS.


R 285.636.3    Certification or registration categories  and    subcategories 
for commercial applicators.
  Rule 3.   (1)   Agricultural  pest  management.  All  of   the    following 
are subcategories  of  pesticide  application  for   commercial   applicators 
pertaining to agricultural pest management:
  (a) Field crops. This subcategory includes applicators who  use  pesticides 
for the production of field crops, such as any of the following:
  (i)  Cereal grains.
  (ii)  Feed grains.
  (iii)  Beans.
  (iv)  Soybeans.
  (v)  Sugarbeets.
  (vi)  Forage.
  (b)   Vegetable  crops.   This  subcategory   includes   applicators    who 
use pesticides for the  production  of  vegetable  crops,  such  as  any   of 
the following:
  (i)  Tomatoes.
  (ii)  Potatoes.
  (iii)  Snap beans.
  (iv)  Celery.
  (v)  Onions.
  (vi)  Cucurbits.
  (vii)  Cole crops.
  (viii)  Sweet corn.
  (c)   Fruit  crops.   This  subcategory  includes  applicators   who    use 
pesticides for the production of tree fruit, such as any of the following:
  (i)  Apples.
  (ii) Cherries.
  (iii)  Pears.
  (iv)  Peaches.
  (v)  Plums.
  (vi)  Nuts.
This subcategory also  includes  small  fruit  crops,  such  as  blueberries, 
strawberries, grapes, and raspberries.
  (d)  Livestock  pest  management.   This  subcategory  includes   all    of 
the following entities:
  (i) Applicators who  use  pesticides  on  animals,  including  any  of  the 
following:
  (A)  Cattle.
  (B)  Swine.
  (C)  Sheep.
  (D)  Horses.
  (E)  Goats.
  (F)  Other livestock.
  (G)  Poultry.
  (ii)  A person who uses pesticides  on  or  in  places  where  animals  are 
confined.
  (iii)  Doctors of veterinary medicine who are  engaged  in   the   business 
of applying pesticides for hire,  who  publicly  hold  themselves   out    as 
pesticide applicators, or who are engaged in the  use  of  pesticides   aside 
from  the normal practice of veterinary medicine.
  (2)  Forest  pest  management.   The  following  are    subcategories    of 
pesticide application for commercial applicators pertaining to  forest   pest 
management and forest products preservation:
  (a)   Forest  pest  management.  This   subcategory   includes   commercial 
applicators who use, or supervise the  use  of,  pesticides  in  any  of  the 
following areas:
  (i)  Forests.
  (ii)  Forest nurseries.
  (iii)  Christmas tree plantations.
  (iv)  Forest seed-producing areas.
This  subcategory  does  not  include  commercial  applicators  who  use,  or 
supervise the use of, pesticides for wood preservation of forest products.
  (b)   Forest  products  preservation.   This   subcategory    of     forest 
pest management includes commercial applicators who use, or supervise the use
 of, pesticides for preserving wood products.
  (3)  Turf grass, ornamental plants, and shade  tree   pest   management.
This category includes the following subcategories of  pesticide  application
 for applications pertaining to turf grass pest management  and    ornamental 
plants and shade tree pest management:
  (a)  Turf grass pest management.  This subcategory  includes    applicators 
who use pesticides to manage pests of turf grasses.
  (b)   Ornamental  plants  and  shade   tree    pest    management.     This 
subcategory includes applicators  who  use  pesticides  to  manage  pests  of 
ornamental  plants in exterior areas, such as evergreens, shrubs,  and  shade 
trees.
  (4)  Seed treatment. This category includes applicators who use  pesticides 
on any of the following:
  (a)  Seeds.
  (b)  Corms.
  (c)  Tubers.
  (d)  Rhizomes.
  (e)  Stolons.
  (f)  Other plant parts used for propagation.
  (5)  Aquatic pest management. This  category  includes   applicators    who 
use pesticides which are applied to lakes, ponds,  streams,    marshes,    or 
ditches and tributaries which flow into  them  or  which  are   applied    to 
surfaces  that contact such bodies of water to  manage  aquatic  pests.  This 
category does  not include applicators who  engage  in  mosquito  management.
This category includes the following subcategories:
  (a)   Swimming  pools.   This  subcategory   includes   applicators     who 
use pesticides in maintaining public or private swimming pools   to    manage 
algae, bacteria, or other swimming pool pests.
  (b)  Microbial pest management.  This subcategory   includes    applicators 
who use pesticides in any of the following to manage bacteria, fungi,  algae,
 or viruses:
  (i)  Cooling towers.
  (ii)  Air washers.
  (iii)  Evaporative condensers.
  (iv)  Pulp and paper mills.
  (v)  Sewer treatment.
  (vi) Other applications.
  (c)  Sewer line pest management.  This subcategory  includes    applicators 
who use pesticides in sewer lines for root control.
  (6)  Right-of-way pest management. This category includes  applicators  who 
use pesticides in the maintenance of any of the following:
  (a)  Public roads.
  (b)  Ditch banks.
  (c)  Electric power lines.
  (d)  Pipelines.
  (e)  Railway rights-of-way.
  (f)  Parking lots.
  (g)  Tennis courts.
  (h)  Similar noncrop areas.
  (7)   Industrial,  institutional,    structural,     and     health-related 
pest management. This category includes the following subcategories:
  (a)  General pest management.  This subcategory includes  applicators   who 
use pesticides in, on, or around any of the following:
  (i)  Food-handling establishments.
  (ii)  Human dwellings.
  (iii)  Institutions, such as schools and hospitals.
  (iv)  Industrial establishments, including warehouses and grain elevators.
  (v)  Any other structure or   adjacent   areas,   including    public    or 
private vehicles.
  (vi)  The treatment of areas or structures set forth in paragraphs  (i)  to 
(v) of this subdivision for indoor mosquito management.
  (vii)  The protection of stored, processed, or manufactured products.
This subcategory does not include applicators who engage in the management of 
wood-destroying organisms as specified in subdivision  (b) of this subrule.
  (b)    Wood-destroying    organism    management.      This     subcategory 
includes applicators  who  use  pesticides  in,  on,  or  around   structures 
for  the management of wood-destroying pests, such as any of the following:
  (i)  Termites.
  (ii)  Powder post beetles.
  (iii)  Carpenter ants.
  (iv)  Wood-destroying fungi.
  (c) Reserved.
  (d)  Vertebrate pest management.  This subcategory  includes    applicators 
who use pesticides to manage vertebrate pests, such as birds, rats, or mice.
  (e)   Interior  plant  pest  management.    This   subcategory     includes 
applicators who use  pesticides  in  the  maintenance  of  plants  at  inside 
locations, such  as any of the following:
  (i)  Homes.
  (ii)  Offices.
  (iii)  Shopping malls.
  (iv)  Stores.
  (v)  Similar sites.
  (f)  Mosquito management.  This  subcategory  includes   applicators    who 
use pesticides to manage mosquitoes in an outside environment.
  (g)   Domestic  animal  pest  management.   This   subcategory     includes 
applicators who use pesticides  to  control  pests  associated   with   small 
domestic  animals, such as cats and dogs.
  (8)  Public health pest management. This category includes state,  federal, 
or other government employees who use pesticides in public  health   programs 
for the management of  pests  that   have   medical   and    public    health 
importance, excluding mosquitoes.
  (9)  Regulatory pest management. This category includes   state,   federal, 
or other government employees who  use  pesticides  in  the   management   of 
regulated pests.
  (10)  Demonstration  and  research   pest   management.    This    category 
includes individuals who demonstrate to the  public  the  proper   use,   and 
techniques  of application of pesticides, who supervise  the  demonstrations, 
or  who  conduct field  research  with  pesticides  and,  in  so  doing,  use
  restricted-use pesticides.

  History:  1979 AC; 1991 AACS; 2002 AACS.


R 285.636.4    Standards for certification of commercial applicators.
  Rule 4.  Commercial applicators shall demonstrate a  practical   knowledge, 
by written  examination,  of  the  principles   and   practices    of    pest 
management, pesticide label comprehension, and the safe  use  of  pesticides, 
including  the  general  standards  applicable  to  all  categories  and  the 
standards specifically identified for each category or subcategory designated 
by the  applicant,  as set forth in 40 C.F.R. '171.4 and these rules.   These 
standards  are  adopted in these rules by reference and are  available   from 
the  Superintendent  of Documents, United States Government Printing  Office, 
Washington, DC 20402, at no cost,  or  from  the  Michigan   Department    of 
Agriculture,  P.O.  Box   30017,  Lansing,  Michigan  48909,  at  no  cost.
Applicators  who  apply  pesticides  by aircraft or who apply fumigants shall 
be examined on the additional standards specifically  identified   for    the 
methods  of  application  as  specified  in subdivision (c) of  this  rule.
The standards for certification are as follows:
  (a)  All subcategory standards shall include a practical knowledge  of  all 
of the following:
  (i)  Relevant and associated pests.
  (ii)  Environmental fate of pesticides.
  (iii)   Pesticide  formulations  in  use   and    application    equipment, 
equipment calibration, and methods of application.
  (iv)  Safety procedures to protect nontarget organisms.
  (v) Integrated pest management principles.
  (vi) Container disposal and storage.
  (vii) Worker safety.
  (b)  Subcategory standards for particular categories shall be as follows:
  (i) Field crops (R 285.636.3(1)(a)), vegetable crops (R  285.636.3(1)(b)),
 fruit   crops    (R    285.636.3(1)(c)),    and    animal  subcategories  (R 
285.636.3(1)(d)).  Applicators shall demonstrate a practical knowledge of all 
of the following:
  (A)  The relevant crops or agricultural practices.
  (B)  Pesticide residues.
  (C)  Phytotoxicity where applicable.
  (D)  Precautions necessary to reduce farm worker exposure to pesticides.
  (ii)  Forest pest management category   (R    285.636.3(2)).    Applicators 
shall demonstrate a practical knowledge of all of the following:
  (A)  Forest pests and their life cycles and management.
  (B) A general understanding of forest ecosystems.
  (C) The potential effect of pesticide applications on nontarget  organisms.
  (iii)  Forest products preservation subcategory  (R 285.636.3(2)(a)).
Applicators shall demonstrate a practical knowledge of all of the following:
  (A)  The principles and practices  associated  with  the  safe    use    of 
wood preservatives.
  (B)  Obtaining site information.
  (C)  Protecting wildlife and endangered species.
  (D)  Maintaining surface water quality.
  (iv)  Turf grass pest management subcategory (R 285.636.3(3)(a)).
Applicators shall demonstrate a practical knowledge of all of the following:
  (A) The maintenance of turf.
  (B) Phytotoxicity.
  (C) Lawn grass species.
  (D) Physiological conditions.
  (E)   The  necessary  procedures  and  precautions  associated   with   the 
application of pesticides for the maintenance of lawn grasses.
  (v)  Ornamental plants  and  shade  tree  pest  management  subcategory  (R 
285.636.3(3)(b)). Applicators shall demonstrate a  practical   knowledge   of 
the maintenance of ornamental plants and shade trees, including  all  of  the 
following:
  (A)  The physiologic conditions of ornamental plants and shade trees.
  (B)  The calibration techniques unique to ornamental  plant    and    shade 
tree pest management.
  (C)   The  necessary  procedures  and  precautions  associated   with   the 
application of pesticides for the maintenance of shade trees  and  ornamental 
plants in the urban environment.
  (vi)   Seed  treatment  subcategory    (R    285.636.3(4)).     Applicators 
shall demonstrate a  practical  knowledge  of  the  methods    required    to 
prohibit  the contamination of grains that may be utilized for feed  or  food 
purposes.
  (vii)  Aquatic subcategory(R 285.636.3(5)).   Applicators shall demonstrate 
a practical knowledge of all of the following:
  (A)  The potential for human exposure after the pesticide application.
  (B)  The potential for surface or groundwater contamination.
  (C)  The requirement for obtaining permits from the   Michigan   department 
of environmental quality.
  (viii)  Swimming pools subcategory   (R    285.636.3(5)(a)).    Applicators 
shall demonstrate a practical knowledge of the  application  techniques   and 
water management principles associated with the treatment of  swimming  pools 
and a practical knowledge of the effects of swimming pool treatment on humans.
  (ix)  Microbial pest management subcategory(R 285.636.3(5)(b)).
Applicators shall demonstrate a practical knowledge  of  the  principles  and 
practices  associated  with  pesticide  use  to  manage  microbes,  including 
application rates and pesticide  efficiency  use.  In  addition,  applicators 
shall have knowledge of their responsibility to obtain discharge permits from 
the appropriate agencies.
  (x)  Sewer line pest management subcategory (R 285.636.3(5)(c)).
Applicators  shall  demonstrate  a  practical  knowledge  of  principles  and 
practices associated with pesticide use to manage root growth in sewer lines.
  (xi)  Right-of-way pest management subcategory (R 285.636.3(6)).
Applicators shall demonstrate a practical knowledge of vegetation  management 
principles with an emphasis on  application  techniques  to  protect  surface 
water.
  (xii)  General pest management subcategory  (R 285.636.3(7)(a)).
Applicators shall demonstrate a practical knowledge of all of the following:
  (A)  A wide variety of pests, including all of the following  with  respect 
to pests:
  (1)  Their life cycles.
  (2)  Types of formulations appropriate for their management.
  (3)  Methods of application that avoid all of the following:
  (a)  The contamination of food.
  (b)  Damage and contamination of habitat.
  (c)  Exposure of people and pets.
  (B)  The specific factors  that  may  lead  to  a   hazardous    condition, 
including exposure to pesticides in the  various  situations  encountered  in 
this category.
  (C)   Indoor  environmental  conditions  and  the   necessary    procedures 
and precautions associated with  the  application  of  pesticides   for   the 
management of indoor pests in an urban environment.
  (xiii)     Wood-destroying    organism    management     subcategory     (R 
285.636.3(7)(b)). Applicators shall demonstrate a  practical   knowledge   of 
all of the following:
  (A)  Wood-destroying organisms and their life cycles.
  (B)  The proper methods of pesticide application.
  (C)   The  specific  factors  that  may  lead  to  human  exposure  or   to 
contamination  of  groundwater,  indoor  air,  or  other  components  of  the 
environment.
  (xiv)  Vertebrate pest management subcategory (R 285.636.3(7)(d)).
Applicators  shall  demonstrate  a  practical  knowledge  of  the  principles 
associated with the management of birds and other vertebrates, such as  rats, 
mice, bats, tree squirrels, ground squirrels, skunks, moles, and snakes,  and 
shall have knowledge of all of the following:
  (A)  Domestic animal, wildlife, and endangered species protection.
  (B)  Department of natural resources permits.
  (C)  Practices  and  precautions  pertinent  to  the   issues    concerning 
the application of pesticides in urban environments.
  (xv)  Interior  plant  pest  management  subcategory  (R  285.636.3(7)(e)).
Applicators  shall  demonstrate  a  practical  knowledge   of   physiological 
conditions associated with the maintenance of interior plants, including  all 
of the following:
  (A)  Plant phytotoxicity and persistence of pesticides.
  (B)  Indoor air contamination.
  (C)  Drift.
  (D)  Calibration.
  (E)  General hazards to humans in an enclosed environment.
  (xvi)  Mosquito management subcategory (R 285.636.3(7)(f)).
Applicators  shall  demonstrate  a  practical  knowledge  of  the  principles 
associated with the management of mosquitoes, including all of the following:
  (A)  Their life cycles.
  (B)  Types of formulations appropriate for their management.
  (C)  Methods of application.
  (D)  Possible effects on water quality.
  (E)  The potential health effects on humans in the target area.
  (xvii)  Domestic animal pest management  (R   285.636.7(g)).    Applicators 
shall demonstrate a practical knowledge of the management of pests associated
 with small domestic animals, including, but not limited to, fleas and ticks.
  (xviii)  Public health pest management  (R    285.636.3(8)).    Applicators 
shall demonstrate a practical knowledge  of  the  management  of  pests  that
 have medical and  public   health   importance,   including    their    life 
cycles  and habitats, and have a practical knowledge  including  all  of  the 
following:
  (A)  A variety of indoor and outdoor environments.
  (B)  Effects of large-scale pesticide application on human populations.
  (C)   The  necessary  procedures  and  precautions  associated   with   the 
application of pesticides in an urban environment.
  (xix)   Regulatory  pest  management   (R    285.636.3(9)).     Applicators 
shall demonstrate a practical knowledge of  regulatory    pest    management, 
including all of the following:
  (A)  Specific   life   cycles   of   the   pest   to   be    managed    and 
appropriate management techniques.
  (B)  The potential impact of pesticide applications  to   nontarget   areas 
or organisms.
  (C)  Structure and responsibility of cooperating state and federal agencies.
  (D)  General public notification procedures.
  (xx) Demonstration and research pest management (R 285.636.3(10)).
Applicators shall be certified in the category or subcategory as required  by 
R 285.636.3 and shall demonstrate a practical knowledge, including all of the 
following:
  (A) Procedures required for conducting demonstration and research plots.
  (B) Various methods of data analysis.
  (C) Necessary precautions for ensuring commodity security and  destruction, 
if required.
  (D)  Detailed  knowledge   of   the   state    and    federal     pesticide 
registration process.
  (c)  Additional certification standards are as follows:
  (i)  Aerial applicators. Applicators who apply  pesticides   by    aircraft 
shall  demonstrate  a  practical  knowledge  of  the  techniques  of   aerial 
application and applicable federal aviation administration regulations.
Practical knowledge is required concerning nontarget injury that  may  result 
from the aerial application of pesticides.
  (ii)  Fumigation.  Applicators shall demonstrate a practical  knowledge  of 
the principles  and  methods  of   fumigation.   Practical    knowledge    is 
required concerning all of the following:
  (A)  Toxicity.
  (B)  The potential for environmental contamination.
  (C)  Applicator personal protection.
  (D)  Human exposure.
  (E)  Nontarget injury that may result from the use of pesticide  gases   in 
any environment.
  (d)  Applicators who request certification for a method   of    application 
that differs in part from one  of  the  established  categories   set   forth 
in  R 285.636.3  shall  demonstrate  a  practical    knowledge    of     such 
standards determined by the director as being applicable to the  method    of 
application described by the applicant.  Such  standards  prescribed  by  the 
director  shall include the general standards applicable  to  all  categories 
and the  standards specifically   identified   as   appropriate    for    the 
applicant's  method   of application.

  History:  1979 AC; 1991 AACS; 2002 AACS.


R 285.636.5    Standards for certification of private applicators.
  Rule 5.  Private applicators shall demonstrate a practical  knowledge    of 
the principles and practices of  pest  management  and  the  safe   use    of 
pesticides, including the standards for certification of private  applicators 
set forth in 40 C.F.R. '171.5.  These standards are adopted in  these   rules 
by  reference and are  available  from  the  Superintendent   of   Documents, 
United  States Government Printing Office, Washington, DC 20402, at no  cost,
 or  from  the Michigan Department of Agriculture, P.O. Box  30017,  Lansing, 
Michigan  48909, at no cost.   In   addition,   private    applicators    who 
apply  pesticides  by aircraft or apply pesticides   by   fumigation    shall 
demonstrate   a   practical  knowledge  of   the     additional     standards 
specifically   identified   for   those  methods  of   application    in    R 
285.636.4(c).   Private  applicators  include apiarists who apply  restricted 
use pesticides to their own colonies  for  the management of bee diseases  or 
parasites.  Bee disease is defined in section 1 of 1976 PA 412, MCL 286.801.

  History:  1979 AC; 1991 AACS; 2002 AACS.


R 285.636.6    Certification examinations.
  Rule 6. (1) Certification examinations shall be conducted at  a  time   and 
place designated by the director. A score of 70% or above  is  required   for 
passing any written examination. A score of less than 70%  on   the   general 
standards examination shall result in denial of certification. Failure  of  a 
category or method of application examination  shall  result  in  denial   of 
certification for that category or method of  application.  A   reexamination 
may be requested and shall be given within the 1-year application  period.
  (2) An oral fact-finding interview for private applicators, as  provided by 
the act, shall consist of  oral  standardized  questions  developed  by   the 
Michigan state university cooperative extension service   and   approved   by 
the  pesticide  advisory  committee.  Such  questions   shall   address   the 
standards  of  competency  for  private  applicators  set   forth   in    the 
provisions of 40  C.F.R.  S171.5.  The  oral   fact-finding   interview   may 
restrict the applicator to  use  only  a  certain  type   of   equipment   or 
pesticide.

  History:  1979 AC; 1991 AACS.


R 285.636.7     Certificate  of    competence;     credentials;     issuance; 
expiration; renewal; replacement; certification  in  additional  category  or 
method.
  Rule  7.  (1)  A  qualified  applicant  for   initial   certification    or 
registration shall be issued certification  or    registration    credentials 
that  are  valid until December 31 of the third year  after  the   year    of 
issuance  unless  the director suspends or revokes   the    credential.     A 
qualified  applicant  for recertification  or   reregistration   shall     be 
issued   certification   or registration credentials  that  are  valid  until 
December 31 of the  third  year after expiration of the  previous  credential 
unless the director  suspends  or revokes the credential.
  (2)  Commercial applicator certification  and   registration    credentials 
shall show the categories and applicable methods  of  application   specified 
in  R 285.636.4(b) and  R   285.636.4(c)   for   which   the    person    has 
demonstrated competence.
  (3)  Private applicator certification or registration   credentials   shall 
show the applicable methods of application specified in R  285.636.4(c)   for 
which the person has demonstrated competence.
  (4)  Certification or registration may be  renewed  by  applying    on    a 
form  prescribed  by  the  director,  by  submitting  the   application   fee 
prescribed  by the  act,  and  upon  a  determination  that   the   applicant 
has   met   the qualifications established by the  act  and  these  rules.
To  assure  that certified or  registered  applicators  maintain   competence 
in  the  use  of pesticides, the director, as a condition  for  renewal,  may 
require  verifiable attendance at designated training meetings or may require 
an  examination  on  changes  in  pesticide  application  technology  or  use 
patterns pertinent to  the certification or  registration  category,  or  may 
require both.
  (5)  A certified  or  registered  applicator  who   desires   certification 
or registration in an additional category may apply on a form  prescribed  by 
the director. The application form shall be accompanied by  the   application 
fee established by the act.  Upon satisfactory completion of the  examination
 or training for the category or method as required by  R    285.636.6,   and 
upon surrender of the certification   or   registration    credential,    the 
applicant shall be  issued  a  replacement  certification   or   registration 
credential  that shows the additional  category  and  the   expiration   date 
of  the  replaced credential.
  (6)  An applicant who desires to renew his or  her  credential  by  seminar 
shall earn all renewal credits before the expiration of the credential.

  History:  1979 AC; 1982 AACS; 1991 AACS; 2002 AACS.


R 285.636.8    Registered applicator standards.
  Rule   8.   (1)   All  registered  applicators   shall   demonstrate,    by 
examination, practical knowledge of the basic  principles  and  practices  of 
pest  management,  pesticide  label  comprehension,  and  the  safe  use   of 
pesticides as set forth in R 285.636.4 and receive verifiable training as set 
forth in  subrule  (3)  of this rule.
  (2)  All of the  following  general  standards  will  be  the   basis    of 
the examination:
  (a)  Appropriate procedures for the application  of  pesticides,  including 
both of the following:
  (i)  Knowledge of various formulations of pesticides and   proper   methods 
of application.
  (ii)   The  relationship  of  pesticide  application   to    proper    use, 
unnecessary use, and misuse.
  (b)  Label and labeling comprehension, including all of the following:
  (i)  The general format and terminology of pesticide labels and labeling.
  (ii)   Understanding  instructions,   classifications,   warnings,   terms, 
symbols, and other information commonly appearing on pesticide labels.
  (iii)  Understanding the requirements of pesticide use   consistent    with 
the label.
  (c)  Pest  identification  and  pest  management,  including  both  of  the 
following:
  (i)  Knowledge of general insect, disease, and weed  characteristics   used 
for identification.
  (ii)  Integrated pest management and its techniques.
  (d)  Safety factors, including all of the following:
  (i)  Pesticide toxicity and common routes of exposure.
  (ii)  Precautions necessary  to  prevent  injury   to    applicators    and 
other  individuals,   including   the   appropriate   use    of    protective 
clothing  and equipment.
  (iii)  Symptoms of pesticide poisoning.
  (iv)  First aid and means of obtaining emergency medical treatment in  case 
of an accident.
  (e)  The potential environmental  consequences  of  the  use   and   misuse 
of pesticides as they may be influenced by such factors as environmental fate 
of pesticides and their effect on nontarget organisms.
  (f)  Applicable state and federal laws and regulations.
  (3)   Training  programs  for  commercial  registered   applicators   shall 
be approved by the director, be category-specific, and, include  training  in 
all of the following areas:
  (a)  Relevant and associated pests commonly encountered by the applicator.
  (b)  The environmental fate of pesticides.
  (c)    Pesticide   formulations   in   use   as   well    as    application 
equipment, equipment calibration, and methods of application.
  (d)  Safety procedures to protect nontarget organisms.
  (e)  Integrated pest management principles.
  (f)  Container disposal and storage.
  (g)  Worker safety.
  (4)   Noncertified  or  nonregistered  applicators   may   apply    general 
use pesticides as part of  an  approved  training  program  for   a    period 
of  2 consecutive  weeks,  while  under  the  direct   supervision    of    a 
certified applicator.  The approved trainer shall notify the  director   when 
the  2-week pesticide application period begins using a form  and   procedure 
approved  by the director.   Noncertified  and   nonregistered    applicators 
shall   not   apply  pesticides  until  the  director   has   received    the 
notification  prescribed  in this rule.  The  noncertified  or  nonregistered 
applicator shall have in his or her possession a  copy  of  the  notification 
form and display the  copy  to  the director upon request.
  (5) Training programs for private registered applicators shall be  approved 
by the director and  may  include  training  courses  as  offered   by    the 
cooperative extension service that address relevant topics.

  History:  1979 AC; 1982 AACS; 1991 AACS; 2002 AACS.


R 285.636.9    Examination requirements for registration.
  Rule 9. (1) Examination of registered commercial applicators  shall  be  by 
either of the following methods:
  (a) Written examination administered by  the  director  or   his   or   her 
representative. A score of 70% is required for passing.
  (b) At the discretion of the director, an   oral   fact-finding   interview 
may be administered when a person is unable to  demonstrate   competency   by 
written examination. The person will be limited to  a  specific   general-use 
pesticide and a  specific  application  technique.  The   person   shall   be 
directly supervised by a certified applicator at all times.
  (2) Private registered applicator examinations  may  include   1   of   the 
following:
  (a) Self-study and examination administered by the director   or   his   or 
her designee. A score of 70% is required for passing.
  (b) Classroom training and examination administered by  the   director   or 
his or her designee. A score of 70% is required for passing.
  (c)  An  oral  fact-finding  interview  administered   by   an   authorized 
representative of the director when a  person  is   unable   to   demonstrate 
competence by examination or classroom training.

  History:  1979 AC; 1991 AACS.


R 285.636.10    Rescinded.

  History:  1979 AC; 1991 AACS; 2002 AACS.


R 285.636.11    Standards  for  trainers  of   certified    and    registered 
applicators.
  Rule 11. (1) A trainer of certified or registered applicators  shall  be  a 
certified applicator with a minimum of 2 years  of   experience   and   shall 
have successfully completed a training program approved by  the  director.
The trainer's program will include an overview of all of the following:
  (a) The required program content for pesticide applicator training.
  (b) Procedures for verifying, and the responsibility of  the   trainer   to 
verify, training.
  (c) Submission of necessary forms for the registration or  certification of 
applicators.
  (d) The various methods of effective communication for the  presentation of 
educational material.
  (2) A trainer of certified or registered applicators  may   also   be   any 
other person who is authorized by the director.

  History:  1979 AC; 1991 AACS.


R 285.636.12    Application for license.
  Rule 12. (1) Application for a license  to  engage  in  the   business   of 
applying pesticides shall be made on a form prescribed by the  director.  The 
applicant shall be a certified applicator or  shall  employ    a    certified 
applicator  to apply, or  supervise  the  application  of,  pesticides.   The 
certified applicator named on the license  application  shall  not  represent 
more than 1 licensee  or place of business. The licensee shall  notify    the 
director  of  any   changes  relative  to  the  status   of    a    certified 
applicator  named  on  the  license application.
  (2)  A license application shall be accompanied  by  a   certificate   from 
an insurance company or an approved  surplus  lines  company  authorized   to 
do business in this state which sets forth the insurance limits prescribed in
 R 285.636.14. The certificate shall be in effect for  the   entire   license 
period or  for  the  generally  recognized  time  period   in    which    the 
pesticide applications may occur.
  (3)  When an assumed name is used on an application, then  the  application 
for a license shall be accompanied by a registered assumed name certificate.
  (4)  A  foreign  corporation  shall  attach  to  the  license   application 
a certificate of authority to transact business in the  state   of   Michigan 
which is issued  from  the  corporation  and  securities  bureau    of    the 
department  of consumer and industry services under 1972 PA 284, MCL 450.1101 
et seq.
  (5)  A new licensee shall comply with the  experience   requirements    set 
forth in section 8313 of the act. The director shall review  and  verify  the 
contents of a notarized statement that  documents  that  the  applicator  has 
complied with the experience requirements as required by the act.  Any  false 
or  misleading statements will be cause for license  denial,  suspension,  or 
revocation.

  History:  1979 AC; 1991 AACS; 2002 AACS.


R 285.636.13    License renewals.
  Rule 13. A license may be renewed on the form prescribed by the director if 
the applicant meets all of the qualifications set forth in the act  and these 
rules.

  History:  1979 AC; 1991 AACS.


R 285.636.14    Financial responsibility.
  Rule  14.  (1)  A  licensed   commercial    applicator    shall    maintain 
comprehensive general liability insurance for bodily  injury   and   property 
damage during the licensing period or during the period of time  necessary to 
span a seasonal operation, except as provided in subrule  (5)  of  this rule.
The insurance shall not  exclude  coverage  for  bodily  injury  and property 
damage which arise from pesticide applications.
  (2) Minimum insurance coverage for persons who  are   engaged   in   aerial 
application, space fumigation, or right-of-way pest   management   shall   be 
$100,000.00 for each occurrence for bodily injury and  $25,000.00  for   each 
occurrence for property damage or a combined single  limit   of   $300,000.00 
for bodily injury and property damage.
  (3) Minimum insurance for persons who are  licensed  in   a   category   or 
subcategory described  in  R  285.636.3  shall  be   $100,000.00   for   each 
occurrence for bodily  injury  and  $25,000.00  for   each   occurrence   for 
property damage, except as prescribed in subrule (2) of this rule.
  (4) If an applicant is qualified for a license in 2  or  more   application 
categories with different minimum financial  responsibilities,  the   greater 
requirement shall apply.
  (5) A  single  comprehensive  general  liability   insurance   policy,   as 
prescribed in subrules (2) and (3) of this rule, may be  written  to  provide 
financial responsibility coverage  for  more  than  1   licensed   place   of 
business owned and operated by the same person.
  (6) If the required insurance coverage  for  a  license   expires   or   is 
canceled during the license period, the license shall be  suspended  and  the 
licensee shall surrender the license to the director for  the  remainder   of 
the licensing period or until such time as   the   financial   responsibility 
requirements have been complied with.

  History:  1991 AACS.


R 285.636.15    Commercial applicator records.
  Rule 15.  (1)  All  commercial  applicators  shall   maintain    verifiable 
records of restricted-use pesticide applications for a period  of  not   less 
than  3 years following the application. The records shall show all  of   the 
following information:
  (a)  The name and EPA registration number of the pesticide applied.
  (b)  Concentration of the pesticide applied.
  (c)  The amount of pesticide end use dilution applied.
  (d)  The target pest, purpose, or crop site.
  (e)  The date the pesticide was applied.
  (f)  The address or location of pesticide application.
  (g)  The method and the rate of application.
  (2)   All  commercial  applicators  shall  maintain  verifiable  records of 
general-use pesticide applications for a period  of  not  less  than   1 year 
following the application.  Such  records   shall    show    all    of    the 
following information:
  (a)  The name and EPA registration number of the pesticide applied.
  (b)  The concentration of the pesticide applied.
  (c)  The amount of pesticide end use dilution applied.
  (d)  The target pest, purpose, or crop site.
  (e)  The date the pesticide was applied.
  (f)  The address or location of pesticide application.
  (g)  The method and the rate of application.
  (3)  It is the responsibility of the employer of the commercial  applicator 
to maintain the  verifiable  record  at  the   place   of    business.    The 
application records  shall  be  made  available,   upon   request,   to   an
 authorized representative of the director during normal business hours.

  History:  1991 AACS; 2002 AACS.


R 285.636.16    Supervision of noncertified applicators.
  Rule 16. (1) A certified applicator who functions in  a  supervisory   role 
shall be responsible for the actions of a   noncertified   applicator   under 
his or her instruction or management.
  (2) A certified applicator shall provide verifiable  instructions  for  the 
application of  a  restricted-use  pesticide  applied   by   a   noncertified 
applicator under his or her management when the   certified   applicator   is 
not required to be physically present. The verifiable  instructions  may   be 
either oral or written and shall include instructions  for   contacting   the 
certified applicator.
  (3) The certified applicator shall be physically   present   to   supervise 
the application of a  pesticide  by  a  noncertified   applicator   if   such 
presence is required by the label of the pesticide being  applied,  by   this 
act, or by the director.
  (4) Each  pilot  who  applies  pesticides  from  an   aircraft   shall   be 
certified pursuant to the applicable provisions of R 285.636.4.

  History:  1991 AACS.


R 285.636.17    Authorization for application of general-use pesticides by
  noncertified or nonregistered applicators.
  Rule 17. Upon written application to the director and   after   review   by 
the  pesticide  advisory  committee,  the  director   may    authorize    the 
incidental use of general-use pesticides by  noncertified  or   nonregistered 
applicators if the person is not regularly engaged to  apply  pesticides  for 
hire, the pesticide application is not the primary   work   assignment,   and 
the pesticide application is an integral part of another operation.

   History:  1991 AACS.