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Proposed changes to Statutes and Rules Robert Tolton, Licensing Supervisor Brian Kennedy, Inspector Arizona Department of Agriculture Office of Pest Management.

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Presentation on theme: "Proposed changes to Statutes and Rules Robert Tolton, Licensing Supervisor Brian Kennedy, Inspector Arizona Department of Agriculture Office of Pest Management."— Presentation transcript:

1 Proposed changes to Statutes and Rules Robert Tolton, Licensing Supervisor Brian Kennedy, Inspector Arizona Department of Agriculture Office of Pest Management

2  Former SPCC sunset in 2008  Created OPM (2008 to present)  2011 OPM moved to ADA with ADA ESD Associate Director (Jack Peterson) becoming OPM “Acting Director”  Task Force established to evaluate regulations, personnel, organizational structure, etc. ◦ Minutes of Task Force Meetings available on ADA website (

3  OPM housed at ADA (1688 W. Adams)  Status-quo for the time being (mostly)  Task force held public meetings in 2011 & 2012 resulting in PROPOSED statutes/rules  Task Force drafted legislative report (available at ADA’s website)  Legislative action in 2013  Phasing out current Core Manual  Adding National Core Manual and National Core Examination

4  No longer performed on licensees without prior conviction (felonies and certain misdemeanors) ◦ Reduces time for licensing approval ◦ Removes fingerprinting requirement ◦ Removes background check fee  Places responsibility on business

5  OPM will no longer approve or disapprove (in most cases)  Must obtain name through Secretary of State or Arizona Corporation Commission  OPM will still prohibit names that are misleading (e.g. EPA Pest Control, etc.)

6  Continues OPM as a separate entity overseen by ADA Director  Creates “generalized” statutes with the details in the rules (i.e. modeled after ADA)  Maintains statutes in Title 32 (as opposed to placing OPM statutes into Title 3)  Modifies OPM funding mechanism  Reduces some fees, but increases others  Transfers (most) regulation of golf courses to ADA  Adds limited pesticide use reporting requirement (currently required of ADA licensees)

7  Changes business naming process  Aligns the regulation of political subdivisions more closely to businesses  Recordkeeping changes  Exempts certain devices from licensing requirements  Provides numerous changes to licensing system  Modifies “gardeners” exemption and places it in its own rule

8  Currently TARF fees provide bulk of operating expenses  Proposal reduces TARF fees  Creates applicator registration fee  Distributes OPM funding where larger businesses will pay a larger proportion

9  Regulation transferred to ADA (A.R.S. title 3)  Pesticide applicator’s required to obtain ADA license ◦ No QP or BL ◦ Annual CE and renewal requirements ◦ Separate license for fumigation and aquatics  Applications at golf courses performed by “for hire” companies regulated through OPM

10  To ascertain use patterns of pesticides detected in Arizona’s groundwater supply  Requires quarterly reporting of “soil applied pesticides” that appear on ADEQ’s groundwater protection list  “soil applied pesticides” include pesticides where the label requires or recommends irrigation within 72 hours.  Includes final grade treatments and post- construction exterior treatments (trench/rod)  Excludes treatments at or above grade or treatments to interior of footers/stem walls (pretreatment)

11  County of use  Product name/EPA #  Amount applied  Dates covered by the report  Business license #  Maintain for 3 years

12 ◦ Imidacloprid ◦ Mecoprop (Trimec) ◦ Diuron ◦ Clopyralid (Transline, etc) ◦ Deltamethrin ◦ Carfentrazone (Speedzone)

13  Still require “certified applicators”  Will add requirement for QP (not enforced until 01-2014)  Exempt from business license requirement  Applicators will have 90-days to become licensed  Political subdivisions will have recordkeeping requirements like businesses  QP, with Director’s approval, can act as QP for more than one PS  Subject to pesticide storage/service vehicle requirements

14  Retention periods reduced to 3 years for all records  Extends recordkeeping and retention requirements to Political Subdivisions

15  Establishes minimum standards for “training records” ◦ Date of training ◦ Name/Signature of attendee ◦ Name/Signature of trainer ◦ Description of topic(s) covered ◦ Copy of training materials (labels, etc.)  QP must maintain training records for 3 years after applicator’s employment ending date

16  Task Force subcommittee (minutes for 06-19-12 and 06-26-12 on ADA website)  Some regulated/some exempt  Exempt include: ◦ Physical barriers used to remove or prevent infestation by pests; ◦ Equipment used for the physical removal of pests or the habitat of pests; ◦ Mechanical equipment used for the physical removal of weeds and other vegetation; ◦ Mechanical traps used without a pesticide; ◦ Installation equipment used for home improvement or modifications; ◦ Raptors used to control or relocate other birds; and ◦ Fire arms.

17  Regulated include ◦ Devices used with a pesticide ◦ Heat and other devices, particularly those used in bedbug treatments Person’s using EXEMPT devices, and not otherwise engaged in pest management, will be required to include “Not a Licensed Pest Control Company” on all advertisements

18  Service record = Customer record  Pretreatment warranty 5 years to 3 years  Addition of ERP (i.e. Penalties) in rule  Branch Manager responsibilities  QP required at primary office every 14 days and branch office every 120 days  Exempts certified home inspectors who document evidence of WDI (no WDIIR or treatment)

19  Must be licensed to apply pesticides at Schools, child care facilities, health care institutions, food-handling establishments  Requires person’s using animals to assist in inspection/identification to be certified  QP responsible for ensuring BL provides evidence of financial responsibility to OPM  No more 1 st Aid Kit requirement

20  Changes category names and descriptions  Changes some license names  Changes some licensing requirements  Eliminates “inactive licenses”  Eliminates background investigations by agency  Changes CE requirements  Changes fees  Modifies exemptions

21  All licenses & registrations expire on May 31st  CA,CQA, & Business issued with an expiration in the following calendar year as an initial certification  Renewable for 1 or 2 years  Establishes minimum age of18  Extends testing to 360 days  Adds “Applicator Registration”  Adds “Branch Supervisor Registration”

22 pest management in or about a residential or other structure excluding anti-microbial pest management, fungi inspection, or pest management covered by another certification category

23 A. Wood-destroying organism management: Includes inspection and treatment B. Wood-destroying insect inspection: Includes inspecting for wood destroying insects only C. Wood preservation: application of pesticides to wood not part of an existing structure to prevent/manage wood degradation by WDO’s (fungi/bacteria)

24  Pest management, including weeds, in the maintenance of ornamental trees, shrubs, flowers, and turf by means other than use of a fumigant.

25  Pest management of invertebrate pests, including weeds, in the maintenance of public roads, electric powerlines, pipelines, railway rights-of-way or other similar areas.

26 (5) Aquatic pest management, including weeds, in standing or running water. (6) Fumigation pest management using fumigants (5) Aquatic pest management, including weeds, in standing or running water. (6) Fumigation pest management using fumigants

27  Licensed applicator will become “Certified Applicator” (again) ◦ In line with FIFRA  Addition of “Certified Qualified Applicator” ◦ A person who is eligible to act as a Qualifying Party  Maintain “Qualifying Party” ◦ The Certified Qualified Applicator designated by the business to be responsible for the training, supervising, equipping of applicators

28  Certified Qualified Applicator ◦ Certification as applicator for 24 months; ◦ Certification 1 year and 12 hours of related course work; ◦ A relevant Bachelor’s degree (AG science/Biology) and 12 hours directly related to each category; or ◦ 24 months experience in another State where licensing wasn’t required. All experience within 10 years

29 Cat. 2 (Wood-Destroying Organisms) requires CQA in Cat. 1 (Industrial & Institutional) Cat. 3 (Ornamental & Turf); or Cat. 4 (Right-of-Way) requires CQA in Cat. 1 (Industrial & Institutional); Cat. 2a (Wood-Destroying Organism Management); Cat. 3 (Ornamental & Turf); or Cat. 4 (Right-of-Way) A Certified Qualified Applicator may broaden without experience by passing exam Categories 5 and 6 requires experience and exam

30  Prior to performing PM services an applicator (licensed/unlicensed) must be registered  $25 per applicator ($0 for pol. subdivisions)  Non-transferrable  Renewable for1 or 2 years  BL/QP responsible for compliance  $150 penalty for each unregistered applicator

31  Certified Applicator ◦ 6 hours for 1 year or 12 for 2 years  Certified Qualified Applicator ◦ 12 hours for 1 year or 24 for 2 years  CE valid for current certification period only  No CE if attendee fails to complete course

32 Proposed FEES New = $100 Broaden = $50 Renewal = $100 Certified Applicator New = $200 Broaden = $150 Renewal = $200 Certified Qualified Applicator Registration = $100 Broaden Registration = $50 Temporary Registration = $100 Temporary Renewal = $100 Qualifying Party

33 New = $300 Renewal = $300 Branch Office Registration = $100 Renewal = $100 Branch Supervisor Registration = $100 Renewal = $50 Applicator Registration = $25 Renewal = $25 Business Proposed Fees

34  Late Fees ◦ For Renewals is equal to the renewal fee ◦ Example: if renewal = $100 then ◦ Late renewal = $100 + $100 = $200  Handling Fee ◦ The OPM will charge $10 for all paper applications/renewals that could have been processed online

35  Fees reduced from$8 ($15 paper) to $2 ($8 paper)  Late fee is a fee equal to the original ($2 and $8 respectively)  No fee for Political Subdivisions

36  Placed as a standalone with its own rule  Similar to current exemption; however ◦ Excludes use of pre-emergent herbicides ◦ Limits application equipment to 4 gallons (instead of 8) ◦ Limits application to one person at a site ◦ Prohibits advertising for weed management services ◦ Stipulates fines for failure to provide record to customer ◦ Stipulates fines for operating outside of exemption

37 More information can be found at:

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