In Pennsylvania, Green Industry professionals who use pesticides need to understand the Pennsylvania pesticide laws and how to comply with them.
In Pennsylvania, Green Industry professionals who use pesticides need to understand the Pennsylvania pesticide laws and how to comply with them. This includes understanding if you need a Pesticide Applicator Certification (commonly referred to as a Pesticide License), and which type and category of certification(s) you need.
First, let's review what a pesticide is. A pesticide is defined as any material that is applied to plants, the soil, water, harvested crops, structures, clothing, furnishings, or animals to kill, attract, repel, or regulate or interrupt the growth and mating of pests, or to regulate plant growth. Pesticides include disinfectants, fungicides, herbicides, insecticides, nematicides, repellants, defoliants, desiccants, avicides, and piscicides. This includes many organic labeled pesticides. If a product has an EPA Registration Number, then it is a pesticide.
Read the descriptions of the types and categories of Certified Pesticide Applicators to find out which pesticide license you need.
Green Industry professionals who apply pesticides to land that they own or lease for the production of an agricultural commodity using only general-use pesticides do not need to have a pesticide license to purchase and apply pesticides. Examples of this would include greenhouse flower producers, sod farmers, and nursery and Christmas tree growers who only use general-use pesticides. It does not include golf courses, public playgrounds, and athletic fields.
However, Green Industry businesses that produce agricultural commodities must also comply with the EPA Worker Protection Standard (WPS). Agricultural Producers subject to the WPS must now train their employees* every year, and they must be trained on Day One of their employment before they do any work in the crop areas if it has been less than 30 days since the last restricted entry interval expired. Employees will need to receive yearly training from a certified pesticide applicator. The certified applicator does not need to be employed by the business, but it may be easier for these businesses to have at least one Certified Pesticide Applicator to meet the training requirements.
* WPS training requirements include exemptions for family members who work as employees including the owner and spouse, children, stepchildren, foster children, parents, step-parents, foster parents, siblings, first cousins, nephews, nieces, aunts, uncles, grandchildren, grandparents, and in-laws. For more information on WPS family exemptions:
Green Industry professionals who apply pesticides to land that they own or lease to produce an agricultural commodity using restricted-use pesticides (RUPs) will need a Private Applicator License. A Private Applicator License encompasses all the applications that could be made under Categories 1-9 and 22. If RUPs are to be applied for purposes other than the production of an agricultural commodity, the applicator must have a Commercial Applicator License in the appropriate category. Additional testing is required if the applicator intends to use a Restricted Use fumigant on property that they own or lease to produce an agricultural commodity. Private Applicators would need to take the Private Applicator certification exam plus the Category 20 (Commodity and Space Fumigation) and/or Category 21 (Soil Fumigation) certification exam.
In Pennsylvania, anyone making pesticide applications to land that they (or their employer) do not own or lease is required to have at least one Certified Pesticide Applicator for each business address and name from which they operate. The Pesticide Applicator must be certified in the categories for the crops and use sites for which they will be making applications. These businesses or public entities will also require a business license through the PDA. Each business name and location requires a separate Business License and BU (Business Unit) Number.
Commercial and Public Certified Pesticide Applicators may supervise non-certified applicators who will be within sight and sound at all times. Once an applicator has been certified for one year in a category, they are qualified to train and supervise a Registered Technician assisting with applications in that category.
The standard categories for Green Industry Commercial and Public Certified Pesticide Applicators include 06, 07, 10, 22, and/or 23.
The use of a pesticide in the maintenance of an ornamental tree, shrub, flower, or other ornamental. (Pa. Code § 128.42)
This category would be used by applicators making pesticide applications to trees, shrubs, annual and perennial flowers, and other ornamental plants at commercial and residential properties for the purpose of maintaining healthy ornamental plants and shade trees. It also includes the management of weeds in areas directly adjacent to ornamental plant beds, such as applications or pre-emergent herbicides to mulch beds in which ornamental plants are growing.
Professionals making applications to trees and other ornamental plants at schools (preschool through grade 12), parks, or campgrounds may use Category 06 certification; however, Category 23 would also allow for applications at these use sites.
The use of a pesticide in the maintenance or production of lawn and turf. (Pa. Code § 128.42)
This category would be used by applicators making pesticide applications to turfgrass for the purpose of maintaining healthy turf at commercial and residential properties, golf courses, and athletic fields.
Professionals making applications to turfgrass at schools (preschool through grade 12), parks, or campgrounds may use Category 07 certification; however, Category 23 would also allow for applications at these use sites.
The use of a pesticide to maintain a public road, an electrical power line, a pipeline, a railway right-of-way, or a similar type of area; to control vegetation around a structure, such as an oil tank, utility substations, an industrial railway siding, an airport, a parking lot, a fence, or an industrial building; or for the control of an invasive weed species in other areas. (Pa. Code § 128.42)
Category 10 primarily applies to the use of herbicides and plant growth regulators to manage undesired plants around roadways, structures, and utility facilities for the purposes of safety, visibility, and access. It also covers the management of weeds that are not already defined in the other categories, such as disturbed construction sites and riverbanks. It also includes the management of invasive weeds. For example, the management of the invasive weed purple-loosestrife that is growing on the dry bank of a pond would be a Category 10 application. However, if the purple-loosestrife was growing in the water, that would be a Category 09 application.
Category 10 does not include the management of weeds or pests (like mosquitoes) in roadside ponds or drainage ditches, and care should be taken to avoid these areas when making Category 10 applications.
The use of a pesticide to control plant pests when the soil or plant to be treated is located within an enclosed structure. (Pa. Code § 128.42)
This category would be used by applicators making pesticide applications to plants or soil inside enclosed structures at commercial and residential properties. This category includes applications made to plants or soil in indoor containers or bed plantings in malls, office buildings, school greenhouses, and other greenhouses and atriums that do not produce an agricultural commodity.
Professionals who make applications to school greenhouses may use Category 22 or Category 23.
The use of a pesticide in a campground or recreational area of a public or private park or on school property. (Pa. Code § 128.42)
Category 23 encompasses applications made under Categories 05, 06, 07, 09, 10, 11, 15, 16, or 22. All Category 23 applications must take place on property owned by the park, school, or campground. Under this regulation, a school is defined as K-12, preschool and public or private day care centers with seven or more children. Post-secondary educational organizations (colleges, universities, technical schools) are not included in the definition.
Anyone can be a Category 23 Applicator. Category 23 Certified Applicators are usually employees who work for the park, school, or campground. However, Category 23 applicators may be employees of a licensed pesticide application business who make applications at a park, school, or campground. Some pesticide application businesses choose to have Category 23 because it allows them to manage a large range of pest control situations at parks, schools, or campgrounds. Additionally, some school districts, parks, or campgrounds may require that applicators have Category 23 certification, even though their other crop/site certifications may be sufficient to comply with Pennsylvania Pesticide laws and regulations.
Vocational instructors at schools may be certified in Category 18 (Demonstration and Research) and/or Category 22 (Interior Plantscapes). These instructors can only make applications for the purposes of demonstration and research (Cat 18) or to make applications in a school's greenhouse (Cat 22). Category 18 or 22 applicators are not certified to make applications to school grounds and facilities.
It is important to note that Category 23 does not include applications made under Category 12 (Wood Destroying Pests), Category 24 (Swimming Pools), and Fumigation Categories 13 (Structural), 20 ( Commodity or Space), and 21 (Soil).
Do you have clients who ask you to manage pest, disease, or weed control in or around their edible crop gardens? Maybe it's an entire garden or just one tomato plant that they want to protect from late blight or one grapevine that needs powdery mildew control. If your clients are asking for pest control services for crops that they intend to eat, you would need to have certification in the category for that crop. It doesn't matter whether you are using conventional farming pesticides or products available to homeowners and/or organic or "green" products. Commercial or Public applications of pesticides to edible crops require one of the following categories of certification:
The use of a pesticide in the production of tree fruits, nuts, and berries. (Pa. Code § 128.42)
The use of a pesticide in the production of vegetables, including tomatoes, cabbage, and celery. (Pa. Code § 128.42)
The use of a pesticide on standing or running water, excluding the use of a pesticide in a public health-related activity described in Category 16. (Pa. Code § 128.42)
Green Industry professionals who apply pesticides in waterways including ponds (including ornamental ponds) or streams such as those found in landscapes or on golf courses. This includes some pond dyes that are used to manage pond weeds and algae growth – if the product has an EPA registration number, then it is a pesticide. The applicator will have the further responsibility of securing a permit from the PA Fish and Boat Commission before using pesticides in ponds and streams.
It is important to note that Category 09 does not include swimming pool treatments. The use of a pesticide in the care and maintenance of swimming pools requires certification in Category 24.
The use of a pesticide to manage and control a vertebrate pest such as rodents or birds, affecting public health. Pa. Code § 128.42)
This category primarily focuses on the control of rodents and birds that could potentially pose a threat to public health. However, it is also the only category that covers vertebrates, making it necessary for situations where vertebrates need to be controlled using pesticides (usually repellants) which may or may not be related to public health concerns.
If repellents are employed to safeguard a yard or landscape against vertebrate pests such as groundhogs, deer, skunks, or voles, then categories 6 and 7 are appropriate. On the other hand, if repellents are used for wildlife control purposes, targeting skunks, raccoons, or snakes, and not specifically for maintaining turf or ornamentals, then category 15 would be required.
Professionals who make applications to parks or schools could use Category 23.
The use of a pesticide to manage and control an invertebrate pest affecting public health. Pa. Code § 128.42)
This category is necessary when dealing with ticks, mosquitoes, or black flies as the target pests. Categories 6 and 7, focus on plant maintenance and health and are not relevant to public health pests. Public health pests are controlled to address concerns related to public health, rather than plant health.
Professionals who make applications to parks or schools could use Category 23.
The use of a fumigant in or to a structure, trailer, railcar, onboard ship, or in any type of fumigation chamber, such as under a tarpaulin for the control of pests in stored or in-transit commodities. (Pa. Code § 128.42)
Some Green Industry professionals wish to apply fumigants to underground animal burrows such as groundhog holes. This is a category 20 application.
The application of a fumigant to a soil environment. (Pa. Code § 128.42)
Some Green Industry professionals wish to apply fumigants to the soil to control insects, diseases, or weeds. Anyone who applies fumigants to soil must have Category 21.
If you have any special concerns or situations and need help to be sure of the licensing you must have, call your regional PA Department of Agriculture office. They will help you interpret the law so you can be sure you understand what you have to do.
Green Industry professionals preparing for the exam should purchase study guides to prepare for the exams.
The Penn State Commercial Pesticide Applicator Short Course is offered in several locations across the state each year. This course prepares Green Industry professionals for the core and category exams (and categories 06, 07, 10, and 23) for commercial and public applicators.
