August, 2002
001 Statement of Purpose
002 Administration
003 Definitions
004 Fees
005 Standards for Pesticide Applicators
006 Record Keeping
007 Fines and Penalties
008 Worker Protection Standards
009 Emergency Exemption Permit
010 Technical Interpretive Bulletins
011 Annotation
002 Administration. These regulations shall be administered
by the department of Agriculture's Bureau of Plant Industry located in the State Office Building,
Fourth Floor, 301 Centennial Mall South, Lincoln, Nebraska. The mailing address is P.O. Box
94756, Lincoln, Nebraska 68509-4756. The telephone number is (402) 471-2394. The fax
number is (402) 471-6892.
003 Definitions. In addition to the terms listed below, the
definition of terms found in the Pesticide Act shall apply to such terms when found in these
regulations.
003.01 LEVEL OF VIOLATION shall mean the alleged violation is a first or
subsequent violation.
003.02 FIRST VIOLATION shall mean the alleged violator has not been found by an
order of the director or any court, or by his or her own admission in a settlement agreement, to
have committed a violation of the act in the three years immediately preceding the date of the
alleged violation.
003.03 SUBSEQUENT VIOLATION shall mean the alleged violator has been found by
an order of the director or any court, or by his or her own admission in a settlement agreement, to
have committed a violation of the act one or more times within the three years immediately
preceding the date of committing the current alleged violation.
003.04 BASE FINE shall mean the amount of the administrative fine set by regulation
for a particular violation of the act prior to any adjustments for gravity or size of business.
003.05 SETTLEMENT AGREEMENT shall mean a written agreement between the
department and an alleged violator resolving any matter before the department.
003.06 MINOR HARM shall mean actual or potential harm which is or would be of
short duration, has no lasting effects or permanent damage, or is easily reversible and harm did
not or would not result in significant monetary loss.
003.07 SERIOUS OR WIDESPREAD HARM shall mean actual or potential harm to
human health or to the environment which does not meet the parameters of minor harm.
003.08 LAWN CARE PESTICIDE shall mean any pesticide applied under the
ornamental and turf pest control category.
003.09 USE shall mean the method by which a pesticide is mixed, diluted, loaded,
applied or released and disposed. For the purposes of applicator certification, the term excludes
the physical transport of concentrate or diluted pesticides to the site of application.
004 Fees.
004.01 Pesticide Registration Fees. There shall be paid to the department an
annual fee of $200 for each pesticide product to be registered in the state which is not a specialty
pesticide. There shall be paid to the department an annual fee of $135 for each specialty
pesticide product to be registered in the state. Such fees shall be due by January 1st of each year.
If a person fails to apply for a renewal of registration before January 1 of any year, such person,
as a condition to renewal, shall pay a late registration fee equal to 25% of the fee due and owing
per month, not to exceed 100% for each product to be renewed in addition to their renewal fees.
004.02 Dealer License Fee. All dealers shall pay to the department an annual
license fee of $25. Such license shall be required for each location where pesticides are
distributed at retail or wholesale but should not include any location where pesticides are stored
and later distributed to other locations owned by the same dealer. Those persons who distribute
pesticides, including traditional or electronic brokerages or auctions, but do not have a permanent
location shall also obtain a dealer license.
004.03 Commercial Applicator License Fees. Prior to being issued a
commercial applicator license, applicators shall pay to the Department a fee of $90.
004.03B Reciprocal commercial applicator licenses shall expire on the
expiration date of their license or certification from the issuing state or up to three years,
whichever comes first.
005 Standards for Pesticide Applicators. Any person making a
pesticide application requiring certification pursuant to the Act, shall apply for and possess,
either an original or reciprocal Nebraska Applicator Certification License. Applications shall be
made on a form provided by the department. The license shall expire on April 15th following the
third year in which it was issued.
005.01 General Standards for Certified Applicators. All certified applicators
shall demonstrate practical knowledge of the principles and practices of pest control and safety in
use of pesticides. Determination of competency shall be based on examples of problems and
situations appropriate to the particular category or subcategory of the applicator's licensure and
knowledge of the following areas:
005.01A(2) The understanding of instructions, directions for use, warnings,
terms, names, symbols, and other information commonly appearing on pesticide labels;
005.01A(3) Classification of pesticides and meaning of the terms, "general and
restricted use pesticide"; and
005.01A(4) Necessity for use consistent with the label. Labels and labeling are
legal documents and the directions they contain shall be followed.
005.01B(2) Common types and causes of pesticide accidents;
005.01B(3) Precautions necessary to prevent injury to applicators and other
individuals in or near treated areas;
005.01B(4) Recognition of symptoms of acute pesticide toxicity and practical
treatment;
005.01B(5) First aid and other procedures to be followed in case of a pesticide
accident;
005.01B(6) Worker protection, including warnings and re-entry restrictions; and
005.01B(7) Proper identification, storage, transport, handling, mixing, and
application 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, and the need for and use of personal protective clothing and equipment.
005.01C(2) How terrain, soil and other substrata influence surface and ground
water contamination;
005.01C(3) Recognition of sensitive areas, fish, wildlife and other nontarget
organisms affected by pesticide applications, drift and runoff; and
005.01C(4) Drainage patterns.
005.01C(5) Knowledge of management practices and their application to
prevent pesticides from reaching ground water and surface water.
005.01D(2) Principles of pest identification and recognition of relevant pests;
005.01D(3) Pest development and biology as it may be relevant to problem
identification and control.
005.01E(2) Types of formulations and adjuvants;
005.01E(3) Concepts of pesticide compatibility, synergism, persistence, toxicity
of the formulations, and animal and plant resistance;
005.01E(4) Hazards and residues associated with use;
005.01E(5) Factors which affect a pesticide's effectiveness or lead to such
problems as resistance to pesticides;
005.01E(6) Selection of correct formulation and method of application for a use
site, pest, and pesticide; and
005.01E(7) Dilution procedures.
005.01F(2) Proper use, care and maintenance, and calibration of application
equipment.
005.01G(2) Relationship of discharge and placement of pesticides to proper use,
unnecessary use, and misuse;
005.01G(3) Prevention of drift and pesticide loss into the environment; and
005.01H(2) Calculation of area or volume to be treated and amount of pesticide
to be applied.
005.01H(3) Adjustment of application equipment's nozzle, pressure, and speed
to obtain correct pesticide output.
005.01I(2) Applicator responsibility for pesticide use consistent with its label or
labeling and supervision of noncertified employees assigned to use a restricted use pesticide.
005.01I(3) Applicator liability and penalties.
Doctors of veterinary medicine engaged in the business of applying restricted use pesticides are
included in this category.
005.02A(3) Forest pest control. This category includes commercial and
noncommercial applicators using or supervising the use of restricted use pesticides in forests,
forest nurseries, and forest seed producing areas.
005.02A(4) Ornamental and turf pest control. This category includes
commercial applicators using or supervising the use of restricted use or general pesticides and
noncommercial applicators using or supervising the use of restricted use pesticides to control
pests in all lawn care applications, including the maintenance and production of ornamental trees,
shrubs, flowers, and turf, including in and around structures, green houses, plant nurseries, golf
courses, athletic fields, public or private grounds and turf farms.
005.02A(5) Aquatic pest control. This category includes commercial and
noncommercial applicators using or supervising the use of a restricted use pesticide purposefully
applied to standing or running water, excluding applicators engaged in public health related
activities included in 005.02A(9) below.
005.02A(7) Right-of-way pest control. This category includes commercial and
noncommercial applicators using or supervising the use of restricted use pesticides in the
maintenance of public roads, electric power lines, pipelines, railway rights-of-way, fencelines,
structural perimeters, and other similar areas.
005.02A(8) Structural and health related pest control. This category also
includes commercial and noncommercial applicators using or supervising the use of restricted
use pesticides in, on, or around human dwellings, institutions, such as food handling, preparation,
manufacturing, processing, packaging and dining facilities, schools and hospitals, industrial
establishments, including warehouses, and any other structures and adjacent areas, public or
private; and for the protection of stored, processed, or manufactured products.
This category includes commercial and noncommercial applicators using restricted-use
pesticides to control insects, structural wood destroying pests, pest birds, and vertebrate
pests. Any person who applies structural pest control pesticides to the land of another for hire or
compensation shall be licensed in this category regardless of whether such person applies any
restricted-use pesticides.
This category also includes commercial and noncommercial applicators using or supervising the
use of restricted use pesticides to disinfect or sterilize medical/veterinary equipment,
food/beverage/drug processing equipment, and the environmental surfaces of such places as
hospitals/nursing homes, food processing areas, and plant and animal breeding facilities.
005.02A(11) Fumigation. This category includes commercial and
noncommercial applicators who use or supervise the use of restricted-use pesticides, in gaseous
or solid form, within enclosed gas tight spaces such as tents, vaults, stacks, structures, vehicles,
or vessels for a wide variety of conditions and commodities, including raw agricultural products.
005.02A(12) Aerial pest control. This category includes commercial applicators
using or supervising the use of restricted use pesticides applied by fixed or rotary wing aircraft
for use in the maintenance of public roads, electric power lines, pipelines, railway rights-of-way,
fencelines, structural perimeters, other similar areas, and in the production of agricultural crops,
including, but not limited to feed grains, soybeans and forage; vegetables; small fruits; tree fruits
and nuts; grasslands, and non-crop agricultural land.
005.02A(13) Wildlife Damage Control. This category includes commercial or
noncommercial applicators who use, or supervise the use of, restricted- or general-use pesticides
in the management of vertebrate wildlife to control the damage that they cause. This category
would include persons attempting to manage pests such as coyotes, prairie dogs, moles, ground
squirrels, pocket gophers, rabbits, muskrat, deer, or birds in situations where the animals are not
invading residential or industrial structures.
005.02A(14) Subcategories for Regulatory Work, Demonstration or Research.
The following subcategories may only be issued in conjunction with at least one other category:
005.02A(14)(b) Regulatory. This subcategory includes commercial or
noncommercial applicators using, or supervising the use of, restricted-use pesticides for federal,
state, or other governmental units in the control of regulated pests. Examples are such persons
as federal quarantine or predatory pest control officials using restricted-use pesticides to control
an outbreak of a regulated pest.
The specific standards of competency in paragraphs 005.02B(1) through 005.02B(13) below do
not apply to persons conducting laboratory type research involving restricted use pesticides.
Those applicators using their restricted use pesticides through an irrigation system must also
be licensed according to the Nebraska Chemigation Act, Neb. Rev
Stat. §§46-1101 through 46-1148. They shall demonstrate a practical
knowledge of equipment associated with chemigation including calibration techniques, and use
of backflow prevention devices to prevent contamination of water supplies. They shall
demonstrate knowledge of labeling requirements of products registered for chemigation
including posting requirements. Further, they shall demonstrate knowledge of the appropriate
use of personal protective equipment associated with this type of application.
005.02B(3) Forest pest control. Applicators shall demonstrate practical
knowledge of: types of forests, forest nurseries, seed production, and types of pests involved; the
cyclic occurrence of certain pests and specific population dynamics as a basis for programming
pesticide applications; the relative biotic agents and their vulnerability to the pesticides to be
applied. Because forest stands may be large and frequently include natural aquatic habitats and
harbor wildlife, the consequences of pesticide use may be difficult to assess. The applicator must
therefore demonstrate practical knowledge of: control methods which will minimize the
possibility of secondary problems such as unintended effects on wildlife; and proper use of
specialized equipment, especially as it may relate to meteorological factors and adjacent land
use.
005.02B(4) Ornamental and turf pest control. Applicators shall demonstrate
practical knowledge of: pesticide problems associated with the production and maintenance of
ornamental trees, shrubs, plantings, and flowers used in and around structures, green houses, and
plant nurseries. They shall demonstrate knowledge of pesticide problems, including cognizance
of potential phytotoxicity due to a wide variety of plant material, drift, and persistence beyond
the intended period of pest control; and application methods which will minimize or prevent
hazards to humans, pets and other domestic animals, and wildlife. Because of human proximity
to application sites, applicators shall demonstrate practical knowledge of methods and measures
used to protect applicators, residents, occupants, workers, and others that may contact treated
plants.
Applicators shall demonstrate practical knowledge of pesticide application methods used in turf
management and production and the risks associated with pesticide drift and runoff. Because of
the persistence of turf pesticides, applicators shall demonstrate a practical knowledge of
measures used to protect humans, pets, and other domestic animals that may contact treated turf.
005.02B(5) Aquatic pest control. Applicators in this category shall demonstrate
practical knowledge of: the secondary effects which can be caused by improper application rates,
incorrect formulations, and faulty application of restricted use pesticides used in this category;
various water use situations and the potential for downstream effects; potential pesticide effects
on plants, fish, birds, beneficial insects and other organisms which may be present in aquatic
environments; and the principles of limited area application.
005.02B(7) Right-of-way pest control. Applicators shall demonstrate practical
knowledge of: a wide variety of environments since rights-of-way can traverse many different
terrains, including waterways; problems concerning runoff, drift, and excessive foliage
destruction and ability to recognize target organisms; and the mode of action of herbicides and
the need for containment of these pesticides within the right-of-way area, and the impact of their
application activities in adjacent areas and communities.
005.02B(8) Structural/health-related pest control. Applicators must demonstrate
a practical knowledge of the following:
Control of pests in and around structures. The applicator shall demonstrate practical knowledge
of: household type pests such as cockroaches, ants, silverfish, spiders, food and fabric pests,
mice, rats, bats, and other occasional invaders that infest structures, stored products, and food
preparation or processing areas such as kitchens, cafeterias, or snack bars; the conditions
conducive to pest infestations and selection of appropriate control procedures for each situation.
Applicators shall demonstrate knowledge of risks associated with pesticide usage in occupied
structures and near food products. Since human exposure, including babies, children, pregnant
women, and elderly people is frequently a potential problem, applicators must demonstrate
practical knowledge of the specific factors which may lead to a hazardous condition including
continuous exposure in the various situations encountered in this category. Because
health-related pest control may involve outdoor applications, applicators must also demonstrate
practical knowledge of environmental conditions particularly related to this activity.
Applicators shall demonstrate knowledge of the risks involved with handling and use of these
pesticides and the appropriate application equipment to be used.
Bird control. Applicators shall demonstrate practical knowledge of: protected and unprotected
pests, birds, and conditions conducive to bird problems; applicable laws and regulations
protecting birds and the actions required in order to control protected pest species; bird control
methods and the hazards associated with secondary poisoning of nontarget organisms.
Control of mice, rats and other vertebrate pests (not including birds) which are invading
structures. Applicators shall demonstrate practical knowledge of: vertebrate pest animals other
than birds and the conditions conducive to infestation and damage by such vertebrate animals; all
applicable laws and regulations governing the control and protection of such animals and the
actions require to control protected or endangered animals; methods of control of pest animals,
the effects of such control on nontarget organisms and other potential effects on the environment.
Swimming pool pest control. Applicators shall demonstrate practical knowledge of: undesirable
microorganisms infesting swimming pools, and their possible health and environmental effects;
the pesticides (antimicrobial) used, their effects on humans and the environment, and their
compatibility with other pool chemicals; water circulation and pesticide dispersal systems; and
shall be able to demonstrate expertise in water testing and ability to make required adjustments
to maintain the necessary chemical balance.
Pest control in cooling water systems. Applicators shall demonstrate practical knowledge of the
different cooling water systems used to transfer and dissipate heat. They shall demonstrate
expertise in identifying and analyzing microbial problems and in selecting the appropriate
anti-microbial agents in disbursing systems to maintain the micro-organisms at tolerable levels.
Applicators shall demonstrate practical knowledge of: the different micro-organisms that
contaminate equipment in different environmental sites, medical breeding, and food processing
facilities; the different chemicals used as gases to sterilize equipment with specific chambers or
as room disinfectants in enclosed spaces, and the possible hazards associated with the use of such
gases; and the different chemical agents used as cleaning and anti-microbial agents to disinfect
specific areas within a structure.
For pest control in cooling water systems, industrial or institutional disinfection, or
sanitizing using chlorine products declared as restricted-use pesticides, the applicator shall
demonstrate knowledge of the different systems and methods used to sanitize or disinfect
mechanical, structural, or physical surfaces including medical tools, food processing sites,
cooling towers, and others which may be declared restricted by the U.S. Environmental
Protection Agency, but not limited to these sites. The applicator shall demonstrate knowledge of
the risks and hazards associated with the use of pressurized gas formulations of chlorine.
005.02B(11) Fumigation. Applicators shall demonstrate practical knowledge of:
conditions requiring the application of fumigants and selection of the most appropriate
fumigation methods to use; fumigation equipment used, including application, monitoring,
testing, calculating, and personal protective equipment; and the risks involved with the use of
fumigants. Applicators shall demonstrate ability to release, distribute, and maintain the correct
fumigant concentrations for the products/structure being fumigated under varying conditions, and
to completely aerate the fumigant.
005.02B(12) Aerial pest control. Applicators shall demonstrate practical
knowledge of equipment calibration and maintenance, and the avoidance of problems associated
with aerial application such as drift and nontarget injury. Applicators shall demonstrate practical
knowledge of: crops grown and the specific pests of those crops on which they may be using
restricted use pesticides. The importance of such competency is amplified by the extensive areas
involved, the quantities of pesticides needed, and the ultimate use of many commodities as food
and feed. Practical knowledge is required concerning soil and water problems, pre-harvest
intervals, re-entry intervals, phytotoxicity, and potential for environmental contamination,
nontarget injury and community problems resulting from the use of restricted use pesticides in
agricultural areas.
Applicators shall also demonstrate practical knowledge of: a wide variety of environments since
rights-of-way can traverse many different terrains, including waterways; problems concerning
runoff, drift, and excessive foliage destruction and ability to recognize target organisms; and the
mode of action of herbicides and the need for containment of these pesticides within the
right-of-way area, and the impact of their application activities in adjacent areas and
communities.
005.02B(13) Wildlife Damage Control. The applicator shall demonstrate
practical knowledge of protected and unprotected vertebrate pests; applicable laws and
regulations protecting pests and vertebrates; methods of control of pest animals; and the potential
effects of such control on humans, non-target organisms, and the environment.
005.02B(14) Subcategories for Regulatory Work, Demonstration or Research.
005.02B(14)(b) Regulatory. Applicators shall demonstrate practical knowledge
of regulated pests, including applicable laws relating to the quarantine and other regulation of
pests and the potential impact on the environment of restricted-use pesticides used in suppression
and eradication programs. The applicator shall demonstrate knowledge of factors influencing
introduction, spread, and population dynamics of relevant pests. The applicator's knowledge
shall extend beyond that required by their immediate duty since their services are frequently
required in other areas of the country where emergency measures are invoked to control regulated
pests and where individual judgment shall be made in new situations.
Those private applicators using a restricted-use pesticide through an irrigation system must also
be licensed according to the Nebraska Chemigation Act, Neb. Rev.
Stat. §§46-1101 through 46-1148. They shall demonstrate a practical
knowledge of equipment associated with chemigation including calibration techniques and use of
a backflow prevention device to prevent contamination of water supplies. They shall
demonstrate knowledge of labeling requirements of products registered for chemigation,
including posting requirements. Further, they shall demonstrate knowledge of the appropriate
use of personal protective equipment associated with this type of application.
Private applicators applying restricted-use pesticides by fixed or rotary wing aircraft in the
production of or in support of the production of agricultural commodities shall be required to
meet the same standards of competency and be licensed as a commercial or noncommercial
applicator. Such applicator shall demonstrate practical knowledge of equipment calibration and
maintenance, preharvest intervals, re-entry intervals, phytotoxicity, prevention of drift, and
potential for environmental contamination and nontarget injury.
005.03B Standards of Competency. As a minimum requirement for licensure, a
private applicator must possess a practical knowledge of the pest problems and pest control
practices associated with that person's agricultural operations; proper storage, use, handling and
disposal of pesticides and containers; and related legal responsibilities. This practical
knowledge includes ability to:
005.03B(2) Read and understand the label and labeling information including
the common name of pesticides applied; pest(s) to be controlled, timing and methods of
application; safety precautions; any pre-harvest or re-entry restrictions; and any specific disposal
procedures.
005.03B(3) Apply pesticides in accordance with label instructions and warnings,
including the ability to prepare the proper concentration of pesticide to be used under particular
circumstances, taking into account such factors as area to be covered, speed at which application
equipment will be driven, and the quantity dispersed in a given period of operation.
005.03B(4) Recognize local environmental situations that must be considered
during application to avoid contamination.
005.03B(5) Recognize poisoning symptoms and procedures to follow in case of
a pesticide accident.
005.03B(6) Understand and comply with rules and regulations relating to
worker protection standards, the endangered species protection program, and ground water
protection.
005.03B(7) The applicator shall demonstrate practical knowledge of the use of
personal protective clothing and equipment for fumigation, general safety procedures, including
posting and re-entry, and aeration. Further, they shall demonstrate knowledge of emergency
procedures and various techniques appropriate to various situations.
005.04A(2) Personal protective equipment; and
005.04A(3) Directions for use specified on the product label.
005.04C The noncertified applicator shall sign the outline or training attachment
acknowledging receipt and understanding of such guidance.
005.04D The voice or electronic means that the supervising licensed certified
applicator shall be accessible by can be any form of communication in standard use that can
adequately summon the supervising licensed certified applicator to the site of application and
provide for a two-way conversation. Examples of adequate forms of electronic means shall
include telephone or two-way radio, but not answering machines or pagers.
005.04E The reasonable period of time that it would take the supervising
licensed certified applicator to be physically at the application site shall be three hours.
006 Record Keeping.
006.01 Private applicators shall record the following information on the
application of all restricted use pesticides for a period of three years:
006.01B The total amount of the pesticide applied;
006.01C The location of the application, the size of area treated, and the crop,
commodity, stored product, or site to which a pesticide was applied. The location of the
application may be recorded using any of the following designations:
006.01C(2) An identification system utilizing maps and/or written descriptions
which accurately identifies location;
006.01C(3) An identification system established by a USDA agency which
utilizes maps and a numbering system to identify field locations; or
006.01C(4) The legal property description.
006.01E The name and certification number of the certified applicator who
applied or who supervised the person making the application;
006.01F Applications of pesticides made on the same day in a total area of less
than 1/10 of an acre require the following elements be recorded:
006.01F(2) Total amount applied;
006.01F(3) Location must be designated as "spot application;" and
006.01F(4) The date of application.
006.02B Name, address, and certified applicator number of person making the
application. Where a noncertified applicator makes the application, include both the noncertified
and supervising applicator information.
006.02C Location of the pesticide application.
006.02D Target pest(s) i.e., type of insect, weed, or disease.
006.02E Site of application i.e., specific crop or commodity, type of field, type
of surface, etc.
006.02F Day, month, and year of application.
006.02G Initial starting time of application.
006.02H Trade name and EPA registration number of the pesticide applied.
006.02I Rate of pesticide applied per unit of measure, i.e., pounds per acre,
ounces per 1,000 square feet, etc. For spot treatment, indicate mixture rates.
006.02J Total amount of pesticide applied to site.
006.02K Area or size of treated site, i.e., acres, cubic feet, square feet, linear
feet, crack and crevice, trap or bait placement, or spot treatment.
006.02L Method of disposal of unused pesticide. If no unused pesticide
remained, records should indicate such.
006.02M It is recommended that records be kept of estimated wind direction and
velocity at the time of application. Where wind direction and velocity change during the course
of application, average wind speed and general direction may be used.
006.02N It is recommended that records be kept of estimated ambient
temperature at time of application. The temperature may be taken at the start of the
application. In cases of long-term applications, average temperature or periodic temperature may
be used. Temperature should be taken of the most appropriate substrate affecting the pesticide
application. For aerial or ground/surface applications, air temperature should be recorded. For
aquatic applications, water temperature should be recorded. For soil or grain fumigation, soil or
grain temperature should be recorded.
006.03B The name and address (residence or principal place of business) of the
certified applicator or dealer who will use the restricted use pesticide if different from paragraph
006.03A above;
006.03C The certified applicators' certification number or dealer license number,
the state or other governmental unit that issued the certification document, the expiration date of
the certification and the categories in which the applicator is certified if appropriate;
006.03D The product name, EPA registration number, and the special local need
registration number, if any, on the label of the pesticide;
006.03E The quantity of the pesticide made available for use in the transaction;
006.03F The date of the transaction; and
006.03G The written agreement between the uncertified person delivering the
restricted use pesticide to the certified applicator, as specified in §2-2635(3)(e) of the
Pesticide Act.
001 Statement of Purpose. The purpose of these regulations is
to aid in the administration of the Pesticide Act, Neb. Rev. Stat.
§§2-2622 to 2-2655.
004.03A The fee for commercial applicators shall be paid prior to the expiration
of the certification or re-certification. A commercial applicator license will not be issued until
the license fee is paid.
004.04 Private Applicator License Fees. Prior to being issued a private
applicator license, applicators shall pay to the Department a fee of $25.
004.04A The fee for private applicators shall be paid prior to the expiration of
the certification or re-certification. A private applicator license will not be issued until the
license fee is paid.
005.01A Label and Labeling Comprehension.
005.02 Commercial and Noncommercial Applicators.
005.01A(1) The general format and terminology of pesticide labels and labeling;
005.01B Safety. Factors including:
005.01B(1) Understanding the terms acute and chronic pesticide toxicity,
common exposure routes and how such hazard is determined by pesticide toxicity and exposure;
005.01C Environmental Risk. The potential environmental consequences of the
use and misuse of pesticides that may cause drift and runoff, precautions for protection of
endangered and threatened species, and methods of spill prevention and control. Such
consequences may be influenced by such factors as:
005.01C(1) Weather and other climatic factors that contribute to pesticide drift
and run off;
005.01D Pest Identification and Biology. Factors such as:
005.01D(1) Common features of pest organisms and recognition of
characteristics of damage or problems caused by pests and needed for pest recognition;
005.01E Pesticides and chemical control. Factors such as:
005.01E(1) Types of pesticides;
005.01F Equipment. Factors including:
005.01F(1) Characteristics and main uses of typical pesticide application
equipment and advantages and limitations of each type, including selection of the most
appropriate equipment for applicable situations; and
005.01G Application techniques. Factors including:
005.01G(1) Methods used to apply various formulations of pesticides, solutions,
and gases, together with a knowledge of which technique of application to use in a given
situation;
005.01H Calibration and calculation.
005.01H(1) Dilution of concentrate formulations in accordance with label
directions.
005.01I Applicator related laws and regulations.
005.01I(1) Applicable federal and state laws and regulations.
005.01J Other. Worker protection standards, endangered species protection
requirements, and ground water protection.
005.02A Categories and Subcategories. Commercial and noncommercial
applicators may elect to be trained, examined and certified according to the following categories
and subcategories:
005.03 Private Applicators. Private applicators using and/or supervising the use
of restricted use pesticides in production of agricultural commodities, are included in this
group. This category also includes private applicators using or supervising the use of restricted
use pesticides on animals; and the use of restricted use pesticides for soil or grain fumigation in
production of an agricultural commodity.
005.02A(1) Agricultural pest control - plant. This category includes commercial
and noncommercial applicators using or supervising the use of restricted use pesticides in
production of agricultural crops, including, but not limited to feed grains, soybeans and forage;
vegetables; small fruits; tree fruits and nuts; as well as on grasslands and non-crop agricultural
land.
005.02B Specific Standards of Competency. Commercial and noncommercial
applicators shall be required to satisfactorily demonstrate competence in the use and handling of
pesticides specific to their certification as such pesticides may be used in Nebraska. Subject
demonstration shall be on the basis of a written examination, and as appropriate, performance
testing, as a prerequisite to initial certification. A commercial or noncommercial applicator shall
not be required to satisfactorily complete training as a prerequisite to examination for licensing.
Standards for determination of competency are as set forth below and those which may be
approved by the director. Such examination and testing shall include the general standards
applicable to all certified applicators and the additional standards specifically identified for
each category or subcategory (if any) in which an applicator is to be certified.
005.02A(1)(a) Fumigation of soil. This subcategory includes commercial
applicators using or supervising the application of restricted-use pesticides for soil fumigation
in production of an agricultural commodity. Any individual certified in this category is
required to be certified in 005.02A(1)-agricultural pest control-plant.
005.02A(2) Agricultural pest control - animal. This category includes
commercial and noncommercial applicators using or supervising the use of restricted use
pesticides on animals, including, but not limited to beef cattle, dairy cattle, swine, sheep, horses,
goats, poultry, and livestock, and to places on or in which animals are confined.
005.02A(5)(a) Sewer Use of Metam Sodium. This subcategory includes
commercial and noncommercial applicators using, or supervising the use of, metam sodium in
sewer lines for plant root control. An applicator may choose to be certified in this subcategory
alone or together with any other category.
005.02A(6) Seed treatment. This category includes commercial and
noncommercial applicators using or supervising the use of restricted use pesticides on seeds.
005.02A(8)(a) Wood Destroying Organisms. This subcategory includes
commercial or noncommercial applicators using or supervising the use of restricted-use or
general-use pesticides in or around structures for the control of wood destroying organisms such
as termites, carpenter ants, fungus or beetle species. Any person who applies structural pest
control pesticides to control wood destroying organisms to the land of another for hire or
compensation shall be licensed in this subcategory regardless of whether such person applies
general-use or restricted-use pesticides. An individual may choose to be certified in this
subcategory alone or together with any other category.
005.02A(9) Public health pest control. This category includes commercial or
noncommercial applicators using or supervising the use of restricted use pesticides for state,
federal or other governmental units in public health programs for the management and control of
pests, such as mosquito vectors, having medical and public health importance. This category
also includes commercial and noncommercial applicators using or supervising the use of
restricted use pesticides in swimming pools and related facilities and cooling water systems used
to transfer or dissipate heat.
005.02A(9)(a) Chlorine Products Use. This subcategory includes commercial
and noncommercial applicators using, or supervising the use of, restricted-use formulations of
chlorine products, including pressurized gas and others declared restricted by the U.S.
Environmental Protection Agency. Areas typically receiving chlorine applications may include
swimming pools, food processing plants, cooling towers, or other industrial or institutional
sites. An applicator may choose to be certified in this subcategory alone or together with any
other category.
005.02A(10) Wood preservation. This category includes commercial and
noncommercial applicators using or supervising the use of any restricted use pesticide for
preservative treatment of wood or wood products by pressure or nonpressure methods to protect
wood that will be exposed to weather, including ground line pole treatment, waterproofing
millwork, cutoffs, or supplemental field treatment.
005.02A(14)(a) Demonstration/Research Subcategory. This subcategory
includes commercial or noncommercial applicators who create research plots or demonstrate to
the public the proper use and techniques of applying restricted-use pesticides or supervising such
demonstrations. Examples are such persons as extension specialists, commercial representatives
demonstrating pesticide products, and those individuals demonstrating methods used in public
programs. Also included in this subcategory are commercial applicators conducting field
research who use, or supervise the use of, restricted-use pesticides.
005.02B(1) Agricultural pest control - plant. Applicators shall demonstrate
practical knowledge of: crops grown and the specific pests of those crops on which they may be
using restricted use pesticides. The importance of such competency is amplified by the extensive
areas involved, the quantities of pesticides needed, and the ultimate use of many commodities as
food and feed. Practical knowledge is required concerning soil and water problems, pre-harvest
intervals, re-entry intervals, phytotoxicity, and potential for environmental contamination,
nontarget injury and community problems resulting from the use of restricted use pesticides in
agricultural areas.
005.02C Continuing education units (CEUs) may be used as a method of
recertification for commercial and noncommercial applicators. Partial CEU credit may be
provided by the department to applicators for those approved educational programs that satisfy a
portion of the required recertification topics when such education programs are received prior to
the expiration of the certified applicators' license. CEUs may be available for recertification on
programs offered or sponsored by the University, trade organizations, associations, and
commercial enterprises. All CEU programs must be approved in advance by the department.
005.02B(1)(a) Fumigation of soil. Applicators shall demonstrate practical
knowledge of the use of personal protective equipment for fumigation, general safety procedures,
including posting, re-entry and aeration. Further they shall demonstrate knowledge of emergency
procedures and application techniques appropriate to various situations.
005.02B(2) Agricultural pest control - animal. Applicators applying pesticides
directly to animals shall demonstrate practical knowledge of: such animals as may be treated and
their associated pests; specific pesticide toxicity and residue potential since host animals will
frequently be used for food; and the relative hazards associated with such factors as formulation,
application techniques, age of animals, stress and extent of treatment.
005.02B(5)(a) Sewer Use of Metam Sodium. Applicators in this subcategory
shall demonstrate practical knowledge of the secondary effects of metam sodium on
downstream water bodies (streams, rivers, ponds, and groundwater) and lateral and upstream
residential and nonresidential sewer connections; the importance and use of personal protective
equipment; and the proper measurement, calibration, and application of metam sodium.
005.02B(6) Seed treatment. Applicators shall demonstrate practical knowledge
of: types of seeds that require chemical protection against pests and factors such as seed
coloration, carriers, and surface active agents which influence pesticide binding and may affect
germination; and the hazards associated with handling, sorting and mixing, and misuse of treated
seed such as introduction of treated seed into food and feed channels, as well as proper disposal
of unused treated seed.
005.02B(8)(a) Wood Destroying Organisms (excluding fumigation).
Applicators shall demonstrate practical knowledge of: structural wood destroying organisms
such as beetles, termites, carpenter ants, fungi, conditions conducive to infestation, the
ability to select, calibrate, and use appropriate application equipment and procedures including
dates, rodding and trenching, topical application of pesticides, and local injection of specially
labeled wood treatments in infested wood, such as dimension lumber, pilings, and other
structural wood. The applicator shall demonstrate knowledge of new control technology such as
baits and insect growth regulators. Applicators shall demonstrate knowledge of environmental
and health hazards associated with the use of pesticides used for pest control. Applicators shall
demonstrate knowledge of the risks involved with handling and use of these pesticides and the
appropriate application equipment to be used.
005.02B(9) Public health pest control. Applicators shall demonstrate practical
knowledge of: Vector-disease transmission as it relates to and influences application programs;
recognition of the wide variety of pests involved, an understanding of appropriate life cycles and
habitats as a basis for control strategy; the great variety of environments ranging from streams to
those conditions found in buildings; and the importance and employment of such nonchemical
control methods as sanitation, waste disposal, exclusion, and drainage. Applicators shall also
be aware of all regulator requirements for re-entry precautions and warnings.
005.02B(9)(a) Chlorine Products Use. For swimming pool pest control using
chlorine products declared as restricted-use pesticides, the applicator shall demonstrate practical
knowledge of undesirable microorganisms infesting swimming pools and their possible health
and environmental effects; the pesticides/anti-microbials used, their effects on humans and the
environment, and their compatibility with other pool chemicals; water circulation and pesticide
disbursal systems; and shall be able to demonstrate expertise in water testing and ability to make
required adjustments to maintain the necessary chemical balance in the water.
005.02B(10) Wood preservation. Applicators in this category shall demonstrate
practical knowledge of: conditions for which a wood preservative is used; all applicable treating
and testing equipment; methods of applying wood preservatives and factors influencing their
effectiveness; potential hazards to health and the environment, including safety procedures and
equipment to minimize exposure and first aid in the event of accidents; waste disposal as well as
proper handling of spills, and the need for informing purchasers of precautions for handling,
use, and disposal of treated wood products.
005.02B(14)(a) Demonstration/Research. Persons researching and
demonstrating the safe and effective use of pesticides to other applicators and the public shall be
expected to meet comprehensive standards reflecting a broad spectrum of pesticide uses. Many
different pest problem situations will be encountered in the course of activities associated with
demonstration and practical knowledge of problems, pests, and population levels appearing in
each demonstration situation is required. Further, the applicator shall demonstrate an
understanding of pesticide/organism interactions and the importance of integrating pesticide use
with other control methods. The applicator doing demonstration pest control work or conducting
field research or method development work with restricted-use pesticides shall possess
knowledge of all of the general standards detailed earlier in subsection 005.01. In addition, they
shall meet the specific standards of competency required under this plan for any section as may
be applicable to the particular activity.
005.03A Categories and subcategories. There are no separate categories or
subcategories for private applicators.
005.04 Noncertified Applicators. An applicator may use pesticides as a
noncertified applicator for 60 days under the supervision of a licensed certified applicator
pursuant to the requirements of the Act.
005.03B(1) Recognize common pests to be controlled and damage caused by
them.
005.04A The verifiable, detailed guidance on how to conduct pesticide use
provided by the supervising licensed certified applicator shall include a written outline of training
or set of instructions that adequately informs the noncertified applicator about the basic
responsibilities of his or her duties, so the noncertified applicator is confident in safely applying
pesticides. Training shall include, but need not be limited to:
005.04A(1) Equipment calibration;
005.04B The supervising licensed certified applicator shall provide the
noncertified applicator with a copy of the labels of all pesticide products to be used.
006.01A The brand or product name and the EPA registration number of the
pesticide that was applied;
006.02 Commercial and noncommercial applicators shall record the following
information on the application of restricted use pesticides. Commercial applicators applying
structural pest control pesticides shall also record the following information on all general use
pesticide applications made for those purposes. Additionally, it is recommended that commercial
applicators applying general use pesticides for lawn care purposes shall also keep such records.
All such information shall be recorded within 48 hours of the pesticide application and be kept
for a minimum of three years following application. Each commercial applicator,
noncommercial applicator, or each firm employing a commercial or noncommercial applicator
shall keep and maintain at their principal place of business true and accurate information as
outlined below:
006.01C(1) County, range, township, and section;
006.01D The month, day, and year on which the pesticide application occurred;
006.01F(1) Brand or product name and EPA registration number;
006.02A Name and address of the person for whom the pesticide was applied.
006.03 Dealers. Each person who distributes restricted use pesticides in the
state shall keep a record of each transaction involving a restricted use pesticide for a period of 36
months from the date of the transaction. Such records shall include the following information:
006.03A The name and address (residence or principal place of business) of the
person to whom the restricted use pesticide is made available. No dealer may make a restricted
use pesticide available to an uncertified person unless he or she can document that the
distribution is to a licensed dealer or the restricted use pesticide will be used by a certified
applicator. Such documentation shall include all information required in subsections (B) and (C)
below.
| Gross Revenue From All Sources | Multiplier Value |
|---|---|
| $0-200,000 | 0.2 |
| $200,001-400,000 | 0.4 |
| $400,001-600,000 | 0.6 |
| $600,001-800,000 | 0.8 |
| over $800,001 | 1.0 |
007.04 Nothing in these regulations shall prevent the department from entering into a settlement agreement with any person violating the Pesticide Act or the rules and regulations adopted and promulgated under it which specifies a different fine or penalty than specified in the act or regulation.
| Adams | Antelope | Boone |
| Burt | Butler | Cass |
| Cedar | Clay | Colfax |
| Cuming | Dakota | Dixon |
| Dodge | Douglas | Fillmore |
| Franklin | Gage | Hall |
| Hamilton | Jefferson | Johnson |
| Kearney | Knox | Lancaster |
| Madison | Merrick | Nance |
| Nemaha | Nuckolls | Otoe |
| Pawnee | Pierce | Platte |
| Polk | Richardson | Saline |
| Sarpy | Saunders | Seward | Stanton | Thayer | Thurston |
| Washington | Wayne | Webster |
| York |
009 Emergency Exemption Permit.
009.01 Upon satisfaction of the requirements of the Pesticide Act and the rules
and regulations adopted and promulgated under it by an applicant, the department may allow the
use of a pesticide under an emergency exemption. The department shall issue a permit to
distribute the pesticide for the specific usages outlined on the permit. Such exemptions shall be
contingent upon continued compliance by the recipient with the provisions of the act and the
rules and regulations.
009.02 The recipient of an emergency exemption pesticide shall ensure that such
pesticide shall be distributed only to those persons who have obtained a permit to distribute such
pesticide in Nebraska.
009.03 Application. Any person wishing to distribute, including those persons
only distributing to other dealers, an emergency exemption pesticide may make application to the
department for a permit on forms provided by the department. Only persons holding such
permits shall be allowed to distribute the pesticide for such use.
009.04 Issuance. The department may issue a permit to applicants who have
completed the application and who have agreed to abide by the conditions set out in 009.05
below. Permits shall be valid until the dates specified on the permit, unless sooner revoked by
the department for a violation by the holder of the provisions of the act or the rules and
regulations.
009.05 Conditions. All permits issued under 009.04 above shall be conditioned
as followed:
009.05B Distribution shall only be made to persons holding an emergency
exemption permit.
009.05C No distribution shall in any way violate the labeling restrictions of the
product, which labeling shall be provided with the distribution of the pesticide.
009.05D No distribution shall be made to any person whom the department has
determined has violated the provisions of this rule and regulation or has violated the provisions
of any emergency exemption permit issued to that person.
009.05E Persons distributing pesticides under an emergency exemption permit
shall maintain records of distributions for at least three (3) years following the effective date of
the distribution. Such records shall be the same as those required for a restricted use pesticide as
set forth in 006.03 above. In addition, a final report shall be submitted to the Department of
Agriculture of all distributions of the pesticide within 60 days following the end of the season.
010 Technical Interpretations. Pursuant to §2-2626(3)(f)
of the Pesticide Act, the department may, as it deems necessary or appropriate, issue technical
interpretations that provide further guidance and policy on the use of pesticides to minimize or
mitigate potential or documented negative impacts on humans or the environment.
010.01 Such technical bulletins may address issues set forth in §2-2646(4)
of the Pesticide Act, including:
010.01B The target pests that may or may not be listed on the pesticide label.
Technical interpretations for target pests may include a determination of whether a particular
target pest is or is not biologically related to one listed on a pesticide label.
010.01C The method or manner by which a pesticide may be used or applied.
The method of use or application may include, but not be limited to application equipment,
engineering standards, or new technology not previously available or indicated on a pesticide
label; and,
010.01D The manner by which a pesticide is mixed or blended with other
components.
011 Annotation. Neb. Rev. Stat.
§§2-2622 to 2-2655 (Cum. Supp. 1996, LB 436 of 2002).
009.05A Only products approved with the department pursuant to this rule and
regulation shall be distributed for use and only for the uses identified on the permit.
009.06 Application. The department shall be informed by any person that is
aware of any adverse affects resulting from the use of the pesticide.
010.01A The dosage, concentration, or frequency with which a pesticide is
mixed, applied, or used;
010.02 Technical interpretations shall provide guidance regarding use
inconsistent with the pesticide label as set forth in 007.01D above.