General Information, terms and definitions: For the purpose of these regulations, the following words, names and terms shall be construed within the meaning and purpose of the applicable Laws, Rules and Regulations: 1. “Act” shall mean Miss. Code Ann. Sections 69-23-101 through 69-23-133. 2. “Bureau” shall mean the Bureau of Plant Industry of the Mississippi Department of Agriculture and Commerce created under the provisions of Miss. Code Ann. Section 69-25-3. 3. “Certificate” shall mean a document issued by the Bureau indicating that a person is competent to use or supervise the use of a restricted-use pesticide under the categories listed on said document. 4. “Certification” shall mean the recognition by a certifying agency that a person is competent and thus authorized to use or supervise the use of a restricted-use pesticide. 5. “Certified Applicator” shall mean any person who is certified to use or supervise the use of a restricted-use pesticide covered by certification. 6. “Commissioner” shall mean the Commissioner of the Mississippi Department of Agriculture and Commerce. 7. “Competent” shall mean properly qualified to perform functions associated with pesticide application, with the degree of capability required being directly related to the nature of the activity and the associated responsibility. 8. “Person” shall mean any individual, partnership, corporation, association, company or organized group of individuals whether incorporated or not. 9. “Public Applicator’ shall mean any person who applies a restricted-use pesticide as an employee of a state agency, municipal corporation, public utility or other governmental agency. This term does not include employees who work under direct “on-the-job” supervision of a public applicator. 10. “Restricted-Use Pesticide” shall mean any pesticide classified for restricted use by the U.S. Environmental Protection Agency or by the Commissioner. 11. “Under the Direct Supervision of” shall mean the act or process whereby application of a pesticide is made by a competent person acting under the instruction and control of a certified applicator who is responsible for the actions of that person and who is available if and when needed, even though such certified applicator is not physically present at the time and place the pesticide is applied. Requirements: Persons Required To Be Certified: All persons engaging in the supervision, application or use of any pesticide that is restricted by the U.S. Environmental Protection Agency or the Bureau are required to be certified unless exempt under the applicable laws, rules, and regulations. A commercial applicator is defined as anyone who does not meet the description of a private applicator and who wishes to apply a restricted-use pesticide. Application for certification shall be submitted on a regular form furnished by the Bureau. All applicants must be at least eighteen (18) years of age. Competence in the use and handling of pesticides shall be determined by written examinations. These examinations will be based upon standards as set forth in the U.S. Environmental Protection Agency’s Code of Federal Regulations. All applicants for commercial applicator certification must take and pass the EPA core exam. The applicant must take and pass the written exam for each category for which they seek certification. Certified Commercial Applicators may only apply pest control in the category for which they are certified. Examination dates and locations shall be specified by the Bureau of Plant Industry, Mississippi State, Mississippi. Categories in which examinations are to be given for certification: 1. Agricultural Plant and Animal Pest Control 2. Forest Pest Control 3. Ornamental and Turf Pest Control 4. Seed Treatment 5. Pest Control 6. Right-of-Way Pest Control 7. Industrial, Institutional, Structural and Health-Related Pest Control a. Industrial, Institutional, Structural and Health Related Pest Control b. Fumigation c. Industrial Weed Control 8. Public Health Pest Control 9. Regulatory Pest Control 10. Demonstration and Research Pest Control 11. Aerial Application 12. Wood Preservation and Products Treatment 13. Antifoulant Paint 14. Metam-Sodium After all requirements have been met by the applicant, said applicant will then be certified by the Bureau. If the certified applicator changes their mailing address, the Bureau must be notified in writing. Applicators certified under this regulation shall keep complete and accurate records of all work performed for at least two years. Such records shall be available for examination by employees of the Bureau during reasonable business hours. Such records shall include location, type of service performed, date performed, chemical used if any, strength, amount, pest controlled and such other information as may be necessary for a complete record. Non-Resident Applicants: Any nonresident commercial applicator applying for a license under the act to operate in the state shall file a written power of attorney designating the secretary of state as the agent of such nonresident upon whom service of process may be had in the event of any suit against said nonresident person, and such power of attorney shall be prepared and in such form as to render effective the jurisdiction of the courts of this state over such nonresident applicant. Provided, however, that any such nonresident who has a duly appointed resident agent upon whom process may be served as provided by law shall not be required to designate the secretary of state as such agent. The secretary of state shall be allowed such fees therefore as provided by law for designating resident agents. The Commissioner shall be furnished with a copy of such designation of the secretary of state or of a resident agent, such copy to be duly certified by the secretary of state. After all requirements have been met by the applicant for certification, the Bureau shall then issue said applicant a certificate. Said certificate shall indicate the category or categories under which said applicant is certified. A certificate is not transferable. Renewal: A certified applicator’s certification shall expire thirty-six (36) months from the date that the certificate was issued. To renew the certificate, the certified applicator must submit a request for renewal on a form prescribed by the Bureau and show knowledge of current control recommendations, techniques, and changing technology and pesticide usage. To meet these requirements, the certified applicator must have attended a training course within the past twelve (12) months that is approved by the Bureau or successfully complete an examination administered by the Bureau. Reciprocity: The examination for certification may be waived if one of the following conditions are met: 1. The applicant is already certified to perform the same professional services in a state with standards equal to those of Mississippi. 2. A federal employee presents a federal form stating that he or she is competent and certified under the governmental agency plan. Exemptions Persons conducting laboratory type research involving restricted-use pesticides, and doctors of medicine and doctors of veterinary medicine applying pesticides as drugs or medication during the course of their normal practice are exempt from the certifying provisions of this regulation. Public applicators are exempt from requirements set forth in the applicable laws, rules, or regulations.
