DPR 22-003 Certification and Training

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DPR 22-003 Certification and Training (Notice 6/3/22; Comment period closed 7/19/22; "15-day" comment period 12/2/22-12/19/22)

DPR adopted Title 3, California Code of Regulations sections 6404, 6509, 6512.1, 6512.2, 6512.3, 6512.4, 6580.1, 6580.2, 6624.5, and 6731; amended sections 6000, 6302, 6406, 6414, 6428, 6430, 6500, 6502, 6504, 6508, 6510, 6511, 6512, 6513, 6522, 6530, 6531, 6540, 6562, 6564, 6568, 6580, 6582, 6584, 6612, 6622, 6624, 6724, and 6742; and repealed sections 6445.5, 6534, 6536, and 6560. The pesticide regulatory program activities affected by this action are those pertaining to the certification of commercial and private pesticide applicators ("certified applicators"), development and submittal of continuing education (CE) courses required for pesticide applicator license or certificate renewal, and supervision of non-certified applicators. In summary, this action aligned California’s regulations with the revised federal regulations in Title 40, Code of Federal Regulations Part 171 "Certification of Pesticide Applicators" that were noticed in the Federal Register Vol. 82, No. 2 on January 4, 2017. This action improved the competency standards for certified applicators using California restricted materials, which includes federally restricted use pesticides (RUPs), improved certification standards for certified applicators, created additional certification categories for certified applicators, increased protection for noncertified applicators using restricted materials under the direct supervision of a certified applicator through enhanced pesticide safety training and standards for supervision of noncertified applicators, established a minimum age requirement for certified and noncertified applicators using restricted materials under the direct supervision of a certified applicator, and improved standards for CE courses. In addition, new forms were incorporated by reference and some forms currently incorporated by reference were amended to align with this action.

• Notice of Proposed Regulatory Action, PDF
• Proposed Text, PDF
  • Incorporated by Reference Forms
    1. Qualified Applicator License Application, LIC-001 (Rev. 07/23), PDF
    2. Qualified Applicator Certificate Application, LIC-001A (Rev. 07/23), PDF
    3. Pest Control Business License Application, LIC-042 (Rev. 07/23), PDF
    4. Agricultural Pest Control Adviser Application, LIC-084 (Rev. 07/23), PDF
    5. Pest Control Aircraft Pilot Certificate Application, LIC-005 (Rev. 07/23), PDF
    6. Pest Control Dealer Designated Agent License Application, LIC-043 (Rev. 07/23), PDF
    7. Pest Control Business Renewal Application, LIC-192 (Rev. 07/23), PDF
    8. Individual License/Certificate Renewal Application, LIC-141 (Rev. 07/23), PDF
    9. In-Person Continuing Education Approval Request Application, LIC-131A (Rev. 07/23), PDF
    10. Interactive Online and Webinar Continuing Education Approval Request Application, LIC-131B (Rev. 07/23), PDF
    11. Continuing Education Additional Course Date Request, LIC-132 (Rev. 07/23), PDF
    12. Private Applicator Certificate Application, LIC-045 (Rev. 07/23), PDF
• Initial Statement of Reasons, PDF
• Economic and Fiscal Impact Statement (Form 399), PDF
• Notice of Modifications to Text , PDF "15-day" comment period 12/2/22-12/19/22
• Text of Modified Regulations, PDF
  • Interactive Online and Webinar Continuing Education Approval Request Application, LIC-131B (Rev. 07/23), PDF
  • Private Applicator Certificate Application, LIC-045 (Rev. 07/23), PDF
• Notice of Addition of Document to Rulemaking File , PDF "15-day" comment period 12/2/22-12/19/22
  • Department of Pesticide Regulation. (2022). Addendum to the Initial Statement of Reasons, PDF
• Final Statement of Reasons
• Final Text of Regulations Filed with Secretary of State 6/30/23; Effective 1/1/24
  • Final Incorporated by Reference Forms
    1. Qualified Applicator License Application, LIC-001 (Rev. 07/23)
    2. Qualified Applicator Certificate Application, LIC-001A (Rev. 07/23)
    3. Pest Control Business License Application, LIC-042 (Rev. 07/23)
    4. Agricultural Pest Control Adviser Application, LIC-084 (Rev. 07/23)
    5. Pest Control Aircraft Pilot Certificate Application, LIC-005 (Rev. 07/23)
    6. Pest Control Dealer Designated Agent License Application, LIC-043 (Rev. 07/23)
    7. Pest Control Business Renewal Application, LIC-192 (Rev. 07/23)
    8. Individual License/Certificate Renewal Application, LIC-141 (Rev. 07/23)
    9. In-Person Continuing Education Approval Request Application, LIC-131A (Rev. 07/23)
    10. Interactive Online and Webinar Continuing Education Approval Request Application, LIC-131B (Rev. 07/23)
    11. Continuing Education Additional Course Date Request, LIC-132 (Rev. 07/23)
    12. Private Applicator Certificate Application, LIC-045 (Rev. 07/23)
• Documents Relied Upon
  1. Asci, D. S., Konduru, D. S. (2021). Economic Impact Analysis for California Rulemaking Pertaining to the Certification and Training of Pesticide Applicators.
  2. Environmental Protection Agency. (2017, January 4). Federal Register / Vol. 82, No. 2; Pesticides; Certification of Pesticide Applicators (40 CFR Part 171). Federal Register.
  3. Oregon Department of Agriculture. (n.d.). Continuing Education Accreditation Form. Oregon Department of Agriculture
  4. Oregon Department of Agriculture. (n.d.). Additional Instructions for Distance and Online Learning Recertification Courses. Oregon Department of Agriculture.
  5. S. Bureau of Labor Statistics. (2019). Average Hours Employed People Spent Working on Days Worked by Day of Week (2019). U.S. Bureau of Labor Statistics.
  6. S. Environmental Protection Agency. (2016, December 7). Economic Analysis of Final Amendment to 40 CFR Part 171: Certification of Pesticide Applicators.
  7. Washington State Department of Agriculture. (n.d.). Sponsoring a Webinar Course. Webinar | Washington State Department of Agriculture.
  8. Washington State Department of Agriculture. (n.d.). Request for Recertification Course Accreditation. Washington State Department of Agriculture.
  9. Certification and Training Assessment Group. (2010, December). Pesticide Applicator Recertification: Online Training - Course Design and Structure.
  10. Agricultural Pest Control Advisory Committee Meeting Minutes. Dated March 14, 2018.
  11. Department of Pesticide Regulation. (2022). Summary of Proposed California-Specific Certification & Training Requirements., PDF