Agricultural Pest Control Adviser License

Who Needs It?

• Any person who offers a recommendation on any agricultural use, who holds forth as an authority on any agricultural use, or who solicits services or sales for any agricultural use. FAC §§ 11401, 11411.

Exemptions

• Officials of federal, State, and county departments of agriculture and, University of California personnel engaged in duties related to agricultural use, are exempt from this licensing requirement if the recommendation is put in writing. FAC § 12001.
• Owners of private firms (i.e., growers, golf courses) making recommendations for pesticide use on their own property are not required to be licensed as Agricultural Pest Control Advisers. Recommendations must be put in writing and comply with all recommendation requirements. ENF 89-119 SB2126 - Agricultural Pest Control Advisers Letter Number 4.
• A veterinarian writing a prescription for use to control an animal pest does not have to be licensed as an agricultural pest control adviser. FAC § 11408.
• The adviser licensing requirements of FAC § 11410 do not apply to persons within an established place of business who merely write sales invoices or receipts or otherwise handle over the counter sales transactions where no recommendations are made or inferred.

What's Required?

An Agricultural Pest Control Advisers (APCA) license is obtained by passing the Laws and Regulations examination and at least one category examination. In order to qualify for this examination, the applicant must meet the following requirements:

• Bachelors degree in agricultural sciences, biological science or pest management; or 60 semester units (90 quarter units) of college level curriculum in agricultural sciences, biological sciences or pest management, plus 24 months of technical experience as an assistant to an APCA or the equivalent experience. Both options include core course requirements of 39 semester units (58.5 quarter units). 3CCR § 6550.
• Submit a copy of college transcripts with APCA application. 3CCR § 6550.
• Submit an initial application fee of $50.00. FAC § 12021.

Categories

A. Control of insects, mites, and other invertebrates.

B. Control of plant pathogens.

C. Control of nematodes.

D. Control of vertebrate pests.

E. Control of weeds.

F. Defoliation.

G. Plant growth regulation.

Additional Requirements

• Accumulate at least 40 hours of approved continuing education every two years before license renewal. Four of the forty hours must cover the topic of pesticides and pest control laws and regulations and four of the forty hours must cover Integrated Pest Management practices. 3CCR § 6511.
• Register with the county agricultural commissioner in "home" county (address on license) and in each county where recommendations are made. FAC § 12031.
• Retain one copy of each written recommendation for one year following the date of the recommendation. FAC § 12004.
• Provide the operator of the property with a copy of the written recommendation prior to the application. FAC § 12003.
• Where a pesticide use is recommended, a copy of the written recommendation must be provided to the pesticide dealer and the applicator prior to application. FAC § 12003.

Agricultural Pest Control Adviser Licensing Procedure

Examination and licensing of agricultural pest control advisers is performed by DPR. However, DPR depends on the commissioner for detection of those persons who represent themselves as pest control authorities on agricultural use or who make agricultural use recommendations. The applicant should complete an application for Agricultural Pest Control Adviser Form PR-ENF-084 and mail it, as instructed on the form, with the fee to Cashier, DPR. While explaining the requirements for filling out the form, direct the attention of the applicant to the minimum education qualifications required before applying for a license.

Procedure for Registering the Adviser

An adviser shall not make, or offer to make, an agricultural use recommendation in any county without first registering with the appropriate commissioner. The adviser must first register in the county where the address on the Agricultural Pest Control Adviser License is located (home county). If the address is not within California, then the registration would be in the county of occupational choice.

If previously registered, check record inspections (written recommendation audits) made the previous year.

Note any noncompliance entries on prior inspection records and the explanations. Bring these to the attention of the applicant.

Home County Registration--In Person

Check the license card to make sure it is valid for the year the applicant is registering and check the applicant's signature on the back of the card.

Have the applicant complete an Agricultural Pest Control Adviser Registration Application Form PR-ENF-091.

Make sure the application is complete. Collect the registration fee, if one is required. Imprint the registration application with the applicant's plastic license card. Have the commissioner or an authorized person sign and date the imprinted form. Keep the hard copy for county records, and give the applicant the tissue copy.

If necessary, process the registration forms the applicant needs to register in additional counties. Stamp all hard copies as the imprinting county, but do not sign them. Give the forms to the applicant to send, with a reminder that other counties may require fees for registration.

Review pertinent county policies and regulations with the applicant, especially any new ones.

Determine where the adviser's records are kept for audit purposes.

Out-of-County Registration--Mail

Check the Agricultural Pest Control Adviser County Registration form PR-ENF-091 for imprinting county name. Check the imprinted form to make sure the license is valid for the year the applicant is registering. Make sure the appropriate fee (if one is required) accompanies the imprinted form. Check the records to see if the applicant has been registered in the county previously, and if there were any problems. Sign the form and return the tissue copy to the applicant along with a list of pertinent county policies and regulations and indicate whether your office will require copies of their recommendations.

Authorized Representatives

Agricultural Use Definition

An understanding of the definition of "agricultural use" is necessary to understand the definition of Agricultural Pest Control Adviser. FAC § 11408 defines "agricultural use" as the use of any pesticide or method or device for the control of plant or animal pests, or any other pests, or the use of any pesticide for the regulation of plant growth or defoliation of plants. The definition excludes the sale or use of pesticides in properly labeled packages or containers which are intended for home use, institutional use, and industrial use. "Agricultural use" includes, but is not limited to, commercial production of animals or plants (including forests), parks, golf courses, cemeteries, roadside, power line rights-of-way, and nurseries.

Home Use Definition

"Home use" is defined in 3CCR § 6000 as use in households and their immediate environment. This definition includes household, home, garden, and residential situations. Commercially raised livestock is not included within the definition of home use regardless of number. Pleasure horses kept for personal use, however, would be considered home use as would livestock or poultry raised for personal use or consumption. ENF 76-025 Applying the Agricultural Use Definition to Pleasure Horses.

Institutional Use Definition

Institutional use is defined in 3CCR § 6000 as use within the confines of, or on property necessary for the operation of buildings, such as hospitals, schools, libraries, auditoriums, and office complexes. Pesticide use for maintenance of turf or landscaped areas adjacent to buildings would be included in this category.

Industrial Use Definition

Industrial use is defined in 3CCR § 6000 as use for, or in, a manufacturing, mining, or chemical process or use in the operation of factories, processing plants, and similar sites. Commodity treatment in a packing house is also considered an industrial use.

The control of an animal pest under a written prescription of a veterinarian does not require a PCA license.

A veterinarian writing a prescription for use to control an animal pest does not have to be licensed as an Agricultural Pest Control Adviser and does not require a PCA license. However, there may be permit and dealer licensing requirements.

Vector control districts or other public agencies which have entered into, and operate under, a cooperative agreement with the California Department of Health Services and pest control businesses under contract to a vector control district operating as pest control businesses must be licensed.

All uses, except those specifically excluded above, are agricultural uses and require that persons representing themselves as authorities, or making a recommendation, or soliciting services or sales in these areas must be licensed as agricultural pest control advisers.

Biological Control Agents

Persons who recommend the use of biological control agents are required to have a PCA license. ENF 89-117 Licensing Requirements for Persons that Sell, Recommend, or Apply Biological Control Agents.

Farm Management Firms

If a farm management firm makes recommendations, the person making those recommendations must be licensed as a PCA. Information Request 91-08 Farm Management Firms.

Golf Course Superintendents

All golf course superintendents are required to be licensed as agricultural pest control advisers if they make recommendations for pest control on the golf course where they are employed. ENF 75-053 Golf Course Superintendents. ENF 89-047 SB 2126 Agricultural Pest Control Advisers Letter Number 2.

Landscape Architects

Any landscape architect who includes pesticide use specifications in landscape architectural plans, except plans concerning the immediate landscaping environment of a residential dwelling or commercial business office, shopping centers, and other similar institutional settings, must be licensed as an agricultural pest control adviser. Included within the scope of the adviser licensing requirement are those recommendations (specifications) concerning landscaping of parks and recreation areas, golf courses, cemeteries, parkways, highways, and other similar settings.

Property Operators and Their Employees

A recommendation can be written by the owner, renter, or lessee of the property without an Agricultural Pest Control Adviser License. However, employees working for a private firm (grower, golf course, etc.) or public agency and making recommendations must be licensed pest control advisers in the appropriate categories unless exempted under FAC § 12001. ENF 89-119 SB 2126 - Agricultural Pest Control Advisers (PCAs) Letter No. 4.

Public Employees

The personnel of federal, State, and county departments of agriculture are exempt from the agricultural pest control adviser licensing requirement when making recommendations in connection with their official duties, but are required to make all agricultural use recommendations in writing. University of California personnel and officials of districts formed pursuant to Chapter 4 (commencing with § 5780) of Division 5 of the Public Resources Code are also exempt from the Pest Control Adviser License, but are required to make all agricultural use recommendations in writing FAC § 12001. ENF 89-047 SB 2126 Agricultural Pest Control Adviser Letter No. 2.

3CCR § 6632 requires that:

Each person engaged for hire in the business of pest control shall have available a copy of both the written recommendation and the use permit covering each agricultural use application of a pesticide that requires a permit.

This requirement does not affect who must be licensed as a pest control adviser. If an adviser made a recommendation for the use, a copy of this written recommendation must go to the agricultural pest control business (PCB). If the grower ordered the use, it is the grower's responsibility to provide the PCB with a "written recommendation".

Recommendations

• Written recommendations must include worker reentry intervals required by regulation or labeling.
• Written recommendations must include any preharvest intervals and crop rotation or disposition requirements listed on the label.
• It is the responsibility of the pest control adviser to assure that each recommendation clearly includes any crop disposition or plant back restrictions incurred by use of that pesticide. As with known hazards, the adviser may want to revise his recommendation form to include crop rotation and disposition requirements. ENF 86-023 Label Restrictions on Written Recommendations.
• The recommendation must state how the adviser came to the decision that treatment was necessary. Pest count, history of infection in the area, preventative measures, etc., are some of the criteria that may indicate the need to treat. The recommendation must also have a certification that alternatives were considered and that mitigation measures have been considered and those that were found feasible have been adopted.
• The adviser's address could be the one designated on the license or his employer's address. When the employer has several branch locations printed on the written recommendation form, the address at which the adviser may be contacted must be indicated.
• The adviser can do this by circling, checking, or marking the appropriate location from which he/she works. In addition, the signature or mark of the person making the recommendation must also be included. ENF 76-048 Name and Address of Adviser on Written Recommendations; ENF 95-034 Policy Concerning Alternative Means of Signing Pest Control Recommendations.

3CCR § 6426(b) requires that a PCB have available a written recommendation covering each agricultural use of a restricted material. It is the responsibility of the adviser or grower, depending upon who made the recommendation, to supply the PCB with the written recommendation. All copies of the recommendation must be in the hands of the grower and PCB before application of the pesticide.

Recommendations--Agricultural Pest Control

Agricultural pest control recommendations must be in writing, including those made by persons exempt from licensing. FAC § 12003.

Recommendations--Distribution of Copies

The grower has the final decision of whether or not to implement a pesticide application resulting from a written recommendation. Therefore, a signed and dated copy of each agricultural use recommendation must be furnished to the grower prior to the application (soon enough to use the recommendation to make treatment decisions). A copy of each recommendation, including the use of a pesticide, must also be furnished to the dealer and the applicator in sufficient time to allow compliance with 3CCR § 6566, but at no time later than the time of the delivery of the pesticide. Copies for the dealer and applicator, if they are unknown, shall be delivered to the grower with his copy. ENF 81-089 Written Recommendations.

Recommendations--Hazards Known to Exist

Each pest control recommendation must include, when applicable, a warning of the possibility of damages by the pesticide application that should have reasonably been known to exist at the time the recommendation was made. This requirement is designed to ensure that applications are made only under suitable conditions by alerting the applicator to hazards so that precautions may be taken to eliminate or minimize the hazards. Also, it serves to remind the adviser of this important consideration that should influence pest management decisions. Advisers are responsible for familiarizing themselves with the area surrounding the intended application site. When a condition is known to exist that could result in damage, advisers must include it in their written recommendations.

Examples of situations that could result in damage from pesticide applications are apiaries located within or adjacent to an intended treatment area; bodies of water (including water return systems); buildings (including residences); businesses, schools, etc.; domestic animals or livestock; wildlife nesting and grazing areas; and livestock feeds including silage or baled or cubed forages. ENF 78-047 Written Recommendations - Warning Statements of Hazards Known to Exist.

Recommendations--Label Restrictions

Written recommendations must include any preharvest intervals and crop rotation, or disposition requirements listed on the label. This may be accomplished in several ways:

• Transcribing these requirements directly onto the written recommendation.
• Referencing the pesticide label and attaching a copy of the label with the appropriate statement highlighted.
• Attaching a supplementary sheet listing the appropriate restrictions.
• Deliver to both the grower and the PCB at the beginning of the season, a listing of each pesticide to be recommended together with the appropriate crop disposition and plant back restrictions. Each written recommendation for these materials must reference the listing for that pesticide.
• It is the PCA's responsibility to assure that each recommendation clearly includes any crop disposition or plant back restrictions incurred by use of that pesticide. ENF 86-023 Label Restrictions on Written Recommendations.

A more effective way to meet this requirement would be for the adviser to revise his recommendation form to include typical warning statements. This way, the adviser could check the appropriate box unless specific statements were called for.

Recommendations--Signing

FAC § 12003(g) requires the PCA to "sign" each written recommendation. A signature can be construed to be any unique "mark" made by the PCA, or with his/her consent, that identifies that particular PCA. This "mark" can be the PCA signature, printed name, license number, or the printed name of the PCB where there is only one PCA. This does not absolve the PCA from the responsibility for accuracy of the recommendation regardless of who entered the data. ENF 95-034 Policy Concerning Alternative Means of Signing Pest Control Recommendations.

Recommendations--Written

Written recommendations must include any applicable preharvest or reentry intervals and any crop use or plant back restrictions. A statement such as "preharvest interval--see label" is not adequate. The recommendation must show the specific restriction or interval. ENF 85-072 Written Recommendations.

Registered Professional Foresters

Registered professional foresters (RPF), in the practice of providing silvicultural advice, do not fall within the scope of the PCA licensing requirement. However, in situations where the RPF gives advice in the form of silvicultural prescriptions and includes the use of specific pesticides, the RPF would have to be licensed as a PCA. ENF 89-116 Letter to Kenneth Delfino Department of Forestry and Fire Protection.

Responsibility

3CCR § 6632 requires that a pest control business has a "recommendation" before making an agricultural application of a restricted material. Generally, this will be a copy of a recommendation made by a licensed PCA. It can, however, be provided by the operator of the property. The operators of properties are legally responsible for any recommendations they write. ENF 83-027 Policy on Need for an Adviser License; ENF 83-040 Agricultural Pest Control Adviser Policy (Reaffirms ENF 83-027).

Seed Treaters

A person making recommendations for treating seed, who either owns or is employed by a firm in the business of treating seed, is not required to be licensed as an agricultural pest control adviser. This type of pest control is considered to be an industrial use. Also, if the grower specifically instructs the seed treater as to the desired treatment, a Pest Control Advisers License is not needed.