Section 18.90.300. Certification requirements.

	(a)  Certification under 18 AAC 90.300 - 18 AAC 90.315 for the applicable category of use described in (c) of this section is required before an individual may  
		(1) use a restricted-use pesticide, unless that use is under the direct supervision of a certified applicator for the applicable category of use;  
		(2) supervise the use of a restricted-use pesticide;  
		(3) purchase a restricted-use pesticide, unless that purchase is authorized in writing by a certified applicator for the applicable category of use;  
		(4) act as a restricted-use pesticide dealer;  
		(5) engage in the custom, commercial, or contract use of a pesticide unless that use is under the direct supervision of a certified applicator for the applicable category of use;  
		(6) supervise the custom, commercial, or contract use of a pesticide;  
		(7) act as a pesticide consultant;  
		(8) use or supervise the use of pesticides at a school unless the pesticide is an antimicrobial pesticide; or  
		(9) use or supervise the use of a pesticide at a public place unless the pesticide is an antimicrobial pesticide.  
	(b)  Unless specifically authorized in writing by the department, an individual certified under (a) of this section may use pesticides only in a category of use for which that individual is certified.  
	(c)  The department may certify an applicant for one or more categories of use listed in this subsection if the applicant meets the requirements of 18 AAC 90.305:  
		(1) Regulatory Pest Control: state, federal, or other government employees, or their agents, who use or supervise the use of pesticides;  
		(2) Demonstration and Research Pest Control: individuals such as government employees, extension specialists, and extension agents who use or supervise the use of pesticides or who advise, demonstrate, supervise demonstrations, make recommendations, or conduct field research on pesticide use;  
		(3) Private Agricultural Pest Control: individuals who apply restricted-use pesticides to  
			(A) agricultural commodities and property, including greenhouses and nurseries;  
			(B) the feed, bedding, or bodies of animals; and  
			(C) treat seeds grown and stored for distribution and planting;  
		(4) Ornamental and Turf Pest Control: individuals who apply pesticides to plants and grass used for decorative and sporting purposes on residential, commercial, federal, state, or municipal property;  
		(5) Antifouling Paint: individuals who apply antifouling paint, such as Tri-butyltin antifouling paint;  
		(6) Aquatic Pest Control: individuals who apply pesticides to water to control unwanted animals, fish, microbes, plants, or other pests;  
		(7) Industrial, Institutional, Structural, and Health-Related Pest Control: individuals who apply pesticides to residential, commercial, federal, state, or municipal structures to control insects, fungi, viruses, rodents, bacteria, and other pests;  
		(8) Public Health Pest Control: individuals such as environmental health officers, public health nurses, entomologists, and others in a preventive medicine or health care field who use or recommend pesticides;  
		(9) Right-of-Way Pest Control: individuals who use pesticides to control unwanted vegetation along the rights-of-way of roads, waysides, railroads, airfields, pipelines, power lines, tank farms, or industrial sites;  
		(10) Mosquito and Biting Fly Pest Control: individuals who apply pesticides to control mosquitoes or biting flies;  
		(11) Aerial Pest Control: pilots of fixed-wing, rotary wing, and air cushion vehicles who apply pesticides by air;  
		(12) Forest Pest Control: individuals who use pesticides to control forest insects, control vegetation for forestry vegetation management programs, to maintain or create logging roads, paths, or loading areas, or for other similar uses;  
		(13) Wood Preservatives: individuals who apply pesticides to preserve wood; and  
		(14) Restricted-Use Pesticide Dealer: individuals who distribute or sell restricted-use pesticides.  
	(d)  An individual certified under 18 AAC 90.300 - 18 AAC 90.315 shall have a copy of the certification  
		(1) in that individual's possession when conducting an activity described in (a) of this section; or  
		(2) displayed in that individual's place of business.  
	(e)  An individual certified under 18 AAC 90.300 - 18 AAC 90.315 shall notify the department within 30 days after a change in  
		(1) the individual's business name or organization of the individual's business; or  
		(2) other information provided in the certification application.  
	(f)  Certification under 18 AAC 90.300 - 18 AAC 90.315 may not be transferred.  
	(g)  An individual who uses only a general-use pesticide as part of the individual's workplace activity is exempt from the certification requirements of 18 AAC 90.300 - 18 AAC 90.315 if  
		(1) the use is only on property owned or leased by the individual or the individual's employer;  
		(2) the individual's employer is not engaged in the custom, commercial, or contract use of pesticides; and  
		(3) the use is not in a public place.  

Authorities

41.17.100;46.03.010;46.03.020;46.03.320;46.03.330;46.03.730

Notes

Reference

18 AAC 90.300
18 AAC 90.305
18 AAC 90.310
18 AAC 90.400
18 AAC 90.515
18 AAC 90.860
18 AAC 90.990

Authority

AS 41.17.100 AS 46.03.010 AS 46.03.020 AS 46.03.320 AS 46.03.330 AS 46.03.730

History

Eff. 2/15/98, Register 145; am 3/31/2002, Register 161; am 11/30/2003, Register 168; am 9/30/2007, Register 183