2-7-98. Classification of certifications and licenses; standards for certification of applicators.

The Commissioner may classify or subclassify certifications or licenses to be issued under this article, as may be necessary for the effective administration and enforcement of this article. Each classification shall be subject to separate requirements, provided that no person shall be required to pay an additional license fee if such person desires to be licensed in one or all of the license classifications provided for certified commercial pesticide applicators by the Commissioner under the authority of this Code section.#

The Commissioner, in promulgating regulations under this article, shall prescribe standards for the certification of applicators of pesticides. Such standards may relate to the use and handling of pesticides or to the use and handling of the pesticide or class of pesticides covered by the individual’s certification and shall be relative to the hazards involved.#

In determining standards, the Commissioner shall consider:#

1. (1)

   The characteristics of the pesticide formulation, such as the acute dermal and inhalation toxicity and the persistence, mobility, and susceptibility to biological concentration;#

2. (2)

   The use experience which may reflect an inherent misuse or an unexpected good safety record which does not always follow laboratory toxicological information;#

3. (3)

   The relative hazards or patterns of use, such as granular soil applications, ultralow volume or dust aerial applications, or air blast sprayer applications; and#

4. (4)

   The extent of the intended use.#

5. Further, the Commissioner shall take into consideration the standards of the Environmental Protection Agency and is authorized to adopt such standards by regulation.