Section 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.
    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 paragraphs  e  and  f  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.
    f. Pesticide  applicator  certification  for  a  commercial  pesticide
  applicator with only subcategory 3A-ornamentals, shade trees and turf or
  only  subcategory  3B-turf shall be valid for one year after which every
  applicator shall recertify according to the requirements then in effect.
  Certification identification cards for a commercial pesticide applicator
  with only subcategory 3A-ornamentals,  shade  trees  and  turf  or  only
  subcategory 3B-turf shall be valid for one year.
    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.