California Code of Regulations (Title 3. Food and Agriculture)
Division 6. Pesticides and Pest Control Operations

Division 6. Pesticides and Pest Control Operations
Chapter 3. Pest Control Operations
Subchapter 1. Licensing
Article 7. Private Applicators

6580. Initial Application.

(a) An application for a new private applicator certificate shall be made on the Private Applicator Certificate Application form LIC-045 (Rev. 07/23), hereby incorporated by reference, and submitted to the county agricultural commissioner. No application fee is required.

(b) All applicants shall pass the private applicator written examination before being issued a private applicator certificate.

NOTE: Authority cited: Sections 11456 and 11502, Food and Agricultural Code. Reference: Sections 14091, 14092, and 14095, Food and Agricultural Code.

6580.1. Examinations.

(a) Applicants for a private applicator certificate shall demonstrate by written examination practical knowledge of California pesticide laws and regulations and the minimum federal standards for private applicators detailed in Title 40 of the Code of Federal Regulations Part 171 section 171.105(a) (July 1, 2019), hereby incorporated by reference.

(b) In addition to the requirements in (a), private applicators that seek to use or supervise the use of a pesticide listed in section 6400 labeled as a fumigant to control burrowing vertebrate pests, such as rodents, shall demonstrate by written examination practical knowledge associated with performing these fumigations. The examination shall include at a minimum:
(1) Knowledge of the format, instructions, and requirements specific to fumigant labeling for burrowing vertebrate pests.
(2) Measures to ensure safe use of fumigants for burrowing vertebrate pests and minimize adverse health effects, including:
(A) How to prevent common problems and mistakes that can result in direct exposure;
(B) Potential signs and symptoms of human exposure;
(C) What air concentrations or application conditions require certified private applicators or handlers to wear respirators and when to exit the work area entirely;
(D) Steps to take if an individual experiences sensory irritation;
(E) Air monitoring requirements and procedures including when and where to take samples;
(F) First aid measures in the event of exposure; and
(G) Requirements for transportation, storage, spill clean-up, and emergency response. This includes the management and safe disposal of containers and contaminated materials.
(3) Chemical characteristics of fumigants for burrowing vertebrate pests, including:
(A) How the fumigant changes to a gas;
(B) Specific human exposure concerns;
(C) How fumigants disperse in the application zone; and
(D) Compatibility with application equipment.
(4) Selecting application methods and timing for fumigation of burrowing vertebrate pests, including:
(A) Common application methods and equipment;
(B) Site characteristics that can influence exposure;
(C) Conditions that could impact the timing of application (including air stability, air temperature, humidity, and wind currents) and labeling statements limiting applications; and
(D) Pre-application inspection of the equipment and site.
(5) Pest factors that influence fumigant activity for burrowing vertebrate pests, including:
(A) Fumigant movement through the treated area and into the air;
(B) Proper identification of burrowing vertebrate pests; and
(C) Proper application rate and timing for the targeted burrowing vertebrate pest population.
(6) Required personal protective equipment for burrowing vertebrate pest fumigants, including:
(A) Product labeling requirements and regulations for personal protective equipment;
(B) Procedures for selecting, inspecting, using, caring for, replacing, and disposing of personal protective equipment;
(C) When a respirator is required; and
(D) Requirements for respiratory protection including medical evaluation and fit testing prior to respirator use, training, and recordkeeping.
(7) Recordkeeping requirements for burrowing vertebrate pest fumigants, including:
(A) When a fumigant management plan is required, its elements, resources available to prepare it, the person responsible for verifying its accuracy, where it shall be during the application, who shall have access to it, and how long it must be on file.
(8) Posting requirements for burrowing vertebrate pest fumigants, including:
(A) Who is allowed or prohibited from being in an area during and after fumigation; and
(B) Posting requirements of fumigant labeling and section 6776, including proper signage, placement, and when signs shall be posted and removed.

(c) An applicant for a private applicator examination must be at least 18 years old and present at the time of examination valid, government-issued photo identification as proof of identity and age.

(d) Private applicator examinations must be presented and answered in writing.

Note: Authority cited: Sections 11456 and 11502, Food and Agricultural Code.

Reference: Sections 14091, 14092 and 14095, Food and Agricultural Code.

6580.2. Certificate Issuance.

(a) A passing score of 70 percent or above is required to demonstrate practical knowledge for the examinations specified in section 6580.1.

(b) Applicants who pass the examinations listed in section 6580.1(a) shall be issued a private applicator certificate to use or supervise the use of restricted materials listed in section 6400, excluding fumigants.

(c) Applicants who meet the requirements in subsection (b) and pass the examination listed in section 6580.1(b) shall be issued an additional certification to use or supervise the use of pesticides listed in section 6400 that are labeled as a fumigant and labeled for control of burrowing vertebrate pests.

(d) Notwithstanding section 6500, the commissioner, or Director in a county where there is no county agricultural commissioner, shall issue a private applicator certificate for a period of up to three years in accordance with Food and Agricultural Code section 14095.

Note: Authority cited: Sections 11456 and 11502, Food and Agricultural Code.

Reference: Sections 14091, 14092 and 14095, Food and Agricultural Code.

6582. Certificate Renewal.

(a) A certified private applicator who elects to renew his/her certificate shall:
(1) Submit a Private Applicator Certificate Application form LIC-045 (Rev. 07/23), hereby incorporated by reference, to the county agricultural commissioner no sooner than 120 days prior to, and no later than 90 days after, the expiration date; and
(2) Complete continuing education requirements as specified in section 6584 during the time the certificate is valid, or demonstrate practical knowledge through passing the written private applicator certificate reexamination covering the topics specified in section 6580.1(a), and section 6580.1(b) if applicable.

(b) A certified private applicator who has not renewed his/her private applicator certificate within the timeframe specified in (a)(1) shall be required to take and pass the private applicator reexamination before being issued a certificate.

(c) All private applicator certificates issued prior to January 1, 2024 will be invalid on their expiration date and shall not be eligible for renewal.

NOTE: Authority cited: Sections 11456 and 11502, Food and Agricultural Code.

Reference: Sections 14093 and 14096, Food and Agricultural Code.

6584. Continuing Education Requirements.

(a) Private applicator certificate holders who elect to renew their certification by obtaining continuing education shall have completed the following hours pertaining to the topic areas as described in section 6512(b)(1) and (3):
(1) Each private applicator whose certificate has been valid for less than 12 months at the time of renewal is exempt from continuing education requirements applicable to the certificate.
(2) Each private applicator whose certificate has been valid for 12 months to 24 months at the time of renewal shall have completed a minimum of four hours on pest management and pesticides, including a minimum of two hours pertaining to pesticide laws and regulations.
(3) Each private applicator whose certificate has been valid for more than 24 months and up to 36 months at the time of renewal shall have completed a minimum of six hours on pest management and pesticides, including a minimum of two hours pertaining to pesticide laws and regulations.

(b) The continuing education shall have been obtained in a course approved pursuant to section 6512.

(c) Records of continuing education completed must be maintained in accordance with subsections 6513(b) and (c).

NOTE: Authority cited: Sections 11456, 11502, and 11502.5, Food and Agricultural Code.

Reference: Section 14096, Food and Agricultural Code.