§ 33-0905. Pesticide applicator certification.

1. Any person who engages in the commercial or private application of
pesticides or the sale of restricted use pesticides shall be certified
by the commissioner except as provided in subdivision two of this
section. No certification shall be valid unless the certified person
also holds a valid identification card issued by the commissioner.

2. The provisions of this article relating to registration and
certification shall not apply to:

a. residential application of pesticides as defined in this article;
or

b. private application of a general use pesticide as defined in this
article.

2-a. The commissioner may, pursuant to paragraph e of subdivision
three of section 33-0303 of this article, adopt regulations on the use
of pesticides including the appropriate method and setting for the use
of pesticides classified by the United States environmental protection
agency as an exempt material under 40 CFR part 152.25, often called
minimum risk pesticides, which are exempt from the requirements of the
Federal Insecticide, Fungicide and Rodenticide Act. Such regulations
shall encompass all factors necessary to prevent damage or injury to
health, property and wildlife.

3. a. Application for pesticide applicator certification shall be made
to the commissioner. The application shall be on a form prescribed by
the commissioner and shall be accompanied by the fee or fees provided in
section 33-0911.

b. An applicant for certification shall satisfy the commissioner as to
his knowledge and experience concerning the proper use and application
of pesticides and pesticide application equipment through examination
prior to initial certification. Recertification shall be by training,
workbook, or examination as required by the commissioner.

c. Upon certification, the commissioner shall certify the applicant
for the appropriate category of certification and shall issue a
certification identification card to the applicant. The certification
may restrict the applicant to the use of a certain type or types of
equipment or materials.

d. Except as provided in paragraph e of this subdivision, pesticide
applicator certifications shall be valid for three years after which
every applicator shall recertify according to the requirements then in
effect. Certification identification cards shall be valid for three
years.

e. Private applicator certifications shall be valid for five years
after which every such applicator shall recertify according to the
requirements then in effect. Private applicator certification
identification cards shall be valid for five years.

g. The commissioner is authorized to provide all examinations,
training materials, applications, and any other forms or written
materials necessary for a private and/or commercial applicator
certification in Spanish for applicants whose primary language is
Spanish and for other languages if the commissioner deems it necessary.
The commissioner may require applicants for registration of pesticides
to make available pesticide label information and instructions in
Spanish and other languages, when necessary, for applicators certified
in Spanish or other languages.

4. Certified pesticide applicators shall maintain such records and
shall furnish such reports concerning the application of pesticides as
the commissioner shall require. All records required to be kept under
this section shall be available for inspection by the commissioner.

5. a. Every certified applicator shall, prior to the application of a
pesticide within or on the premises of a dwelling, supply the occupants
therein with a copy of the information, including any warnings,
contained on the label of the pesticide to be applied. Such information
shall be supplied in either a written, digital or electronic format
which shall be determined by the occupants of such dwelling, provided
however that the certified applicator must also have a written copy of
such information in his/her possession.

b. Except as provided in paragraph c of this subdivision, every
certified applicator shall, prior to the application of a pesticide
within or on the premises of a multiple dwelling, building, or structure
other than a dwelling supply the owner or his agent, with a copy of the
information, including all warnings, contained on the label of the
pesticide to be applied. Such information shall be supplied in either a
written, digital or electronic format which shall be determined by the
owner or his or her agent, provided however that the certified
applicator must also have a written copy of such information in his or
her possession. Such owner or agent shall make available upon request at
reasonable times such information in written or electronic form if
available to the occupants or residents of such multiple dwelling,
building, or structure.

c. In the case where an occupant of a multiple dwelling unit retains a
certified applicator to apply pesticides within such unit, such
certified applicator shall, prior to the application of a pesticide,
supply any information, including all warnings, contained on the label
of the pesticides to the occupants.

d. For the purposes of this subdivision:

(i) A "dwelling" is any building or structure or portion thereof which
is occupied in whole or in part as the home, residence or sleeping place
for one or two families;

(ii) A "multiple dwelling" shall mean any dwelling which is to be
occupied by or is occupied as the residence or home of three or more
families living independently of each other;

(iii) A "multiple dwelling unit" shall mean that portion of a multiple
dwelling occupied by one or more persons as the residence or home of
such persons; and

(iv) "Premises" shall mean land and improvements or appurtenances or
any part thereof.