It is unlawful for a private applicator to possess, use, or supervise the use of a restricted material in accordance with Section 14015 unless that person has a valid private applicator certificate.
Chapter 3.4Private Applicator Certification
Section § 14090
If you are a private applicator, you are not allowed to handle or oversee the use of restricted materials unless you have a valid certificate. This means you must be certified to legally work with these substances.
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Section § 14091
If you're applying for or renewing a private applicator certificate, you need to use the specific form provided by the director. Your application must include your name, address, and any other details the director asks for.
The application for a private applicator certificate or a renewal of the certificate shall be on a form prescribed by the director. Each application shall state the name and address of the applicant and any other information required by the director.
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Section § 14092
This law outlines the examination requirements for applicants involved with pesticide use and pest control operations in California. Applicants must be knowledgeable about label directions, equipment calibration, pest problems, worker protection, and environmentally sensitive areas. The exam is written, prepared by the director, and administered by either the commissioner or the director in counties without a commissioner. A score of 70% or higher is required to pass.
(a)CA Food and Agriculture Code § 14092(a) Applicants shall be examined on the requirements of statutes and regulations concerning pesticide use and pest control operations, including, but not limited to, knowledge of all of the following:
(1)CA Food and Agriculture Code § 14092(a)(1) Label directions and restrictions on use.
(2)CA Food and Agriculture Code § 14092(a)(2) Calibration.
(3)CA Food and Agriculture Code § 14092(a)(3) Pest control equipment.
(4)CA Food and Agriculture Code § 14092(a)(4) Pest problems and identification.
(5)CA Food and Agriculture Code § 14092(a)(5) Worker protection, including protective clothing and equipment.
(6)CA Food and Agriculture Code § 14092(a)(6) Environmentally sensitive areas.
(b)CA Food and Agriculture Code § 14092(b) The examination shall be in written form and shall be prepared by the director and administered by the commissioner, or the director in any county where there is no commissioner.
(c)CA Food and Agriculture Code § 14092(c) A passing score for the examination is 70 percent or above.
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Section § 14093
This law states that in counties with a commissioner, or if there is no commissioner, the role falls to the director. They are responsible for giving a private applicator certificate to applicants who successfully pass an examination.
The commissioner, or the director in any county where there is no commissioner, shall issue a private applicator certificate to each applicant who passes the examination.
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Section § 14094
If you don't score at least 70% on the test, you have to wait seven days before you can try again.
If a passing score of 70 percent is not achieved, the applicant may not retake the examination for seven calendar days.
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Section § 14095
This law explains that a private applicator certificate, which allows someone to use restricted pesticides, is typically valid for three years. However, the first certificate term depends on the certificate holder's last name. If the last name starts with A to H, the certificate expires on December 31, three years after December 31, 1997. For last names starting with I to Q, it expires three years after December 31, 1998. Lastly, if the last name begins with R to Z, the expiration is three years after December 31, 1999.
A private applicator certificate shall be issued for a period of three years except that the initial term of a private applicator certificate shall expire as follows:
(a)CA Food and Agriculture Code § 14095(a) Certificates issued to private applicators on or after January 1, 1997, with surnames beginning with A to H, inclusive, shall expire on December 31 of each third year following December 31, 1997.
(b)CA Food and Agriculture Code § 14095(b) Certificates issued to private applicators on or after January 1, 1997, with surnames beginning with I to Q, inclusive, shall expire on December 31 of each third year following December 31, 1998.
(c)CA Food and Agriculture Code § 14095(c) Certificates issued to private applicators on or after January 1, 1997, with surnames beginning with R to Z, inclusive, shall expire on December 31 of each third year following December 31, 1999.
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Section § 14096
If you're a certified private applicator in California, you need to renew your certification every three years. To do this, you must either complete continuing education as required by the director or pass an examination.
Certified private applicators may renew their certificate for a period of three years by completing the continuing education requirement as prescribed by the director, by regulation, or by passing an examination.
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Section § 14097
This law allows the commissioner, or the director if there is no commissioner in a county, to set up a program that certifies certain employees. These employees can't be the operator of a property or their authorized representative. The certification program must follow the rules outlined in this chapter.
The commissioner, or the director in a county where there is no commissioner, may establish a program to certify employees other than the operator of the property, or other than the operator’s authorized representative. The commissioner’s or the director’s program shall be conducted in accordance with this chapter.
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Section § 14098
This law states that a private applicator certificate, which allows someone to apply certain regulated materials, can be denied, revoked, or suspended by the commissioner or director for specific reasons. These reasons include not following the regulations, not properly supervising the use of restricted materials, or submitting false reports.
If the certificate is affected, the decision can be appealed by following established procedures similar to those used for the suspension of a restricted material permit.
(a)CA Food and Agriculture Code § 14098(a) A private applicator certificate may be refused, revoked, or suspended by the commissioner or director for any of the following reasons:
(1)CA Food and Agriculture Code § 14098(a)(1) Failure to comply with any applicable provision of this division or any regulation adopted pursuant thereto.
(2)CA Food and Agriculture Code § 14098(a)(2) Failure to supervise the use of a restricted material in a manner that ensures compliance with this division or any regulation adopted pursuant thereto.
(3)CA Food and Agriculture Code § 14098(a)(3) Making any false or fraudulent report.
(b)CA Food and Agriculture Code § 14098(b) Any action by the commissioner or the director pursuant to subdivision (a) may be appealed in a manner consistent with the procedures for appealing the suspension of a restricted material permit as prescribed in Section 11512.5.
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Section § 14099.5
This law section states that this particular chapter of regulations started being in effect on January 1, 1997.
This chapter shall become operative on January 1, 1997.
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