Pesticide Control

Certification •Regulations •Enforcement• Golf Course Permits
Worker Protection Standard• Pesticide Container Disposal

The Agricultural Resource Management & Environmental Stewardship Division has the responsibility of insuring that pesticides are properly used and sold throughout Vermont. The Pesticide Control Program is divided into two major activities and operates in cooperation with the Environmental Protection Agency (EPA), under two separate grants: Pesticide Certification and Pesticide Enforcement.

Certification

The Pesticide Certification Grant allows for the certification and licensing of pesticide applicators and dealers. Pesticide users are divided into private and commercial applicators, and they must pass written examinations appropriate for their usage of pesticides. Class "A" and "B" pesticide dealers are also required to pass a licensing examination. Applicator certificates are valid for five years and they may be renewed by reexamination or by attending recertification seminars and other continuing education programs. Under the regulations, effective 1991, certificate renewal requires eight hours of recertification instruction for private applicators and sixteen hours for commercial applicators. The educational programs are conducted jointly with the University of Vermont Extension Service. The Agency provides much of the training for commercial pesticide applicators and dealers. Individual commercial application companies must also be licensed.

Frequently Asked Questions About Pesticide Applicator Certification

1. What is Applicator Certification? Certification is a regulatory program run by the Agricultural Resource Management & Environmental Stewardship Division. Certification ensures pesticide applicators are knowledgeable about the proper use of pesticides.

2. Who needs to be certified? Any person producing an agricultural product on land they own or rent, who wants to use restricted use pesticides, must be certified. Also, any person who wants to apply any pesticide for hire ( including the application of weed and feed products).

3. How do I become certified? You need to pass a written exam(s), and pay the appropriate fees. Private applicators do not pay any fees for certification. Companies employing certified pesticide applicators must obtain a company pesticide license.

4. Which exam do I take? If you are a farmer, you take the Private Applicator exam. If you apply pesticides for hire, you take the Commercial Core exam, and the appropriate category exam(s).

5. How do I prepare for the exam? The Private and Commercial Core exams are based on the Cornell Core Manual, available from the Vermont Agency of Agriculture. Category manuals are also available. We also sponsor initial certification training, currently on an annual basis. Please check the pesticide credits schedule for meeting dates.

6. Where can I get the study manuals? The Core manual and the category manuals can be ordered from the Plant Industry Division. The price for the Core Manual is $33, and the category manuals range in price from $15-$30 (please contact the Agency for a fee schedule). Send your check to: Vermont Agency of Agriculture, 116 State Street - Drawer 20, Montpelier, VT 05620-2901

7. When and where are the exams held? Please see the Pest Exam Schedules

Certification Fees

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Vermont Certified Pesticide Applicator Categories

Private Commodity Groups

Commercial Categories

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Vermont Regulations for Control of Pesticides

The Vermont Regulations for Control of Pesticides provides procedures for the restrictions on use of pesticides, procedures for pesticide applicator certification, requirements for certified applicators, pesticide classification, licensing of pesticide dealers, community-right-to-know requirements, and procedures for transportation, storage and disposal of pesticides. Pesticide applicators must know the regulations as they apply to them, for many reasons: to enable a potential applicator to pass the applicators exam; in order to comply with the laws and regulations; to protect the applicator, the public and the environment from undo harm and exposure. The regulations are now available online for your convenience. You may also refer to Title 6, Chapter 87 of the Vermont State Statutes, which states the law regarding the control of pesticides in Vermont.

The Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) regulates pesticide use in the United States. The text of this law can be found through the link at http://www.epa.gov/region5/defs/html/fifra.htm. The 1996 amendment to FIFRA and the Federal Food, Drug and Cosmetic Act is known as the Food Quality Protection Act (FQPA). The text of FQPA can be located through links at this site also.

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Enforcement

The enforcement grant enables the Agricultural Resource Management & Environmental Stewardship Division to enforce the Vermont Regulations for the Control of Pesticides and the Federal pesticide law, known as the Federal Insecticide, Fungicide, and Rodenticide Act. Under this program, inspections are conducted to assure the proper use of pesticides. In addition, all complaints and inquiries are investigated to determine if violations have occurred, and if so, ensure that appropriate action is taken.

The Agricultural Resource Management & Environmental Stewardship Division's pesticide laboratory, developed under this grant, analyzes samples collected during inspections and investigations. The samples can either be pesticide formulations, dilutions or residue (generally water, soil or vegetation). Formulation samples are analyzed for product quality, dilution samples for compliance, and residue samples for the presence of pesticides. The laboratory has testing standards for 242 different compounds. Other activities conducted under this grant include inspections of pesticide dealers, applicators, producing establishments and imports.

All pesticide products sold and used in Vermont must be registered with the Agricultural Resource Management & Environmental Stewardship Division. Registered pesticides are categorized as Class "A" (restricted use), Class "B", and Class "C".

Golf Course Permit Program

The Golf Course Permit Program was initiated in the summer of 1991 as a result of regulations implemented in the fall of 1990. This program reviews the use of pesticides on Vermont's golf courses and potential impacts on ground water, surface water, the public, and environmentally sensitive areas. A five year schedule for review of all of Vermont's golf courses was developed based on historical pesticide usage and the amount of ground and surface waters within the golf course. Golf courses must submit a pest management plan and site information which describes their use of pesticides, pests controlled, methods to reduce pesticide use, historical pest problems, buffer zones and justification for use of pesticides which may be mobile in the environment. Proposed golf courses or those golf courses which are planning to expand have been reviewed first.

Worker Protection Standards - Agriculture

The Worker Protection Standard (WPS) is a regulation issued by the U.S. Environmental Protection Agency. It covers pesticides that are used in the production of agricultural plants on farms, forests, nurseries and greenhouses. The WPS requires the employer to take steps to reduce the risk of pesticide-related illness and injury if pesticides are used on your establishment, or if you employ workers or pesticide handlers who are exposed to such pesticides. If you are an agricultural pesticide user and/or an employer of agricultural workers or pesticide handlers, the WPS requires you to provide to your employees information about exposure to pesticides, protections against exposures to pesticides, and ways to mitigate exposures to pesticides.

Information -To ensure that employees will be informed about exposure to pesticides, the WPS requires: pesticide safety training for workers and employers; pesticide safety posters to be displayed for workers and employers; access to labeling information for pesticide handlers and early entry workers; and access to the application list of pesticide treatments at the establishment, in a centrally located area.

Protection -To ensure that employees will be protected from exposures to pesticides, the WPS requires employers to: prohibit handlers from applying a pesticide in a way that will expose workers or other persons; exclude workers from areas being treated with pesticides; exclude workers from areas that remain under a restricted entry interval (REI); protect early-entry workers who are doing permitted tasks in treated areas during an REI. Requirements include special instructions and duties related to correct use of personal protective equipment (PPE). In addition, employers are required to notify workers about treated areas so they can avoid inadvertent exposures, and to protect handlers during handling tasks. Requirements include monitoring while handling highly toxic pesticides and duties related to correct use of PPE.

Mitigation -To mitigate pesticide exposures that employees receive, the WPS requires decontamination sites which provide handlers and workers an ample supply of water, soap, and towels for routine washing and emergency decontamination. The employer is also required to make transportation available to a medical care facility if an agricultural employer or handler may have been poisoned or injured by a pesticide, and to provide information about the pesticide(s) to which the person may have been exposed. Several training options for WPS Training Verification are available for employers of agricultural workers or pesticide handlers in Vermont. Contact Annie Macmillan at the Agricultural Resource Management & Environmental Stewardship Division of the Vermont Agency of Agriculture for an application for WPS certification. Telephone (802) 828-2431, or email anne.macmillan@state.vt.us. Additional information is available from the web site WPS-FORUM, the electronic bulletin board and reference archive on the EPA Worker Protection Standard. The email address is wps-forum@are.berkeley.edu.

The Federal Worker Protection Standard is administered by the U.S. Environmental Protection Agency. The text for this law can be located at http://www.epa.gov/oppfod01/safety/workers/amendmnt.htm

Top 10 Questions about the Worker Protection Standard

1.What is the Worker Protection Standard? The Worker Protection Standard is a U.S. Environmental Protection Agency (US/EPA) regulation, adopted by many states, that is meant to protect employees from possible harm from agricultural pesticides and to provide necessary information for helping employees protect themselves.

2.Who must comply with the WPS? Anyone who uses pesticides in the production of an agricultural plant on/in farms, forests, nurseries, or greenhouses and who employs pesticide handlers or agricultural workers must comply with the WPS.

3.The Worker Protection Standard was finalized in 1992, and educational and training materials were produced by a number of suppliers. How does a person know if educational and training materials are up-to-date? Currently, all materials originally endorsed by the US/EPA for WPS training are still valid. However, up-to-date information is maintained by the Vermont Agency of Agriculture, Food and Markets. Contact Annie MacMillian at 802-828-2431, or by email at anne.macmillan@state.vt.us

4.What is a Restricted-Entry Interval (REI)? The restricted-entry interval (REI) is the time immediately after a pesticide application when workers cannot enter the treated area. REIs are typically found on pesticide labels under the heading "Agricultural Use Requirements" in the "Directions for Use" section. However, when a product has different REIs depending on the crop or the method of application, the REI is listed next to the crop or application method.

5.What constitutes a decontamination area? A decontamination site includes: clean water (enough sufficient for routine washing and eyeflushing) soap (any kind will do) single-use towels (such as paper towels) a clean coverall (if handlers are present)

6.Why must decontamination sites be kept up for 30 days after the application of a pesticide requiring them? In 1992, the rule required decontamination sites be kept up for 30 days after the application of a pesticide requiring them. The 30-day length was largely based on available data on pesticide-related poisonings from the 1980s and was meant as a risk-mitigation measure. The data showed that some residues could remain active that long and potentially contaminate workers. In 1996, this length of time was reduced to 7 days following the expiration of the REI of 4 hours or less, but it remains at 30 days for all other products.

7.If a grower provides Personal Protective Equipment (PPE) to workers and handlers but they take the PPE off when unsupervised and become overexposed to pesticides, who is liable? The rule clearly states that the grower is liable to assure compliance of the WPS. In a letter dated October 7, 1994, from Lynn Goldman, assistant administrator, Office of Prevention, Pesticides, and Toxic Substances, this issue was addressed. Dr. Goldman stated that "it is essential for employers to take an
affirmative role in assuring that PPE is worn. Employers can achieve compliance by using reassignment of duties, nondiscriminatory discipline or discharge when employees refuse to wear required equipment." Hands-on training serves an important role here to assure individuals understand the
importance of PPE to reduce pesticide exposure through proper PPE selection, use, and maintenance.

8.When is Personal Protective Equipment required? Personal Protective Equipment (PPE) is required for pesticide handlers and early-entry workers as shown on pesticide labels. The requirements for each type of employee are different and found in separate areas on a label. PPE for pesticide handlers will be in the "Precautionary Statements" section under the heading "PPE." PPE for early entry workers will be in the "Agricultural Use Requirements" section of the "Directions for Use."
Remember that workers are allowed to enter areas during the REI (early entry) during only very restrictive situations.

9.Some new pesticides have a label that says the REI is 0 hours. Is this possible? Yes, the US/EPA has issued 0-hour REIs on some pesticides, as new health exposure data becomes available. However,because very few products have a 0 REI, always check the label for the REI of the product(s) you are using.

10.What are the WPS posting requirements? There are two types of posting: field notification and central posting. First, field notification about pesticide applications is required only when your workers will be within 1/4 mile of a treated area during a pesticide application or while the REI is in effect. Most products allow worker notification EITHER orally OR by posting a field warning sign. However,
you must provide double notification if the pesticide label has this statement in the "Directions for Use" section under the heading "Agricultural Use Requirements": "Notify workers of the application by warning them orally AND by posting warning signs at entrances to treated areas."

Second, the most common error in WPS compliance is in providing information at a central location for employees. Data from Michigan found that about 50 percent of the producers had at least one element missing in this area, which requires:

EPA WPS safety poster
Name, address, and telephone number of nearest emergency medical facility
Pesticide recordkeeping for ALL applications (kept for 30 days following the REI)
Product name, EPA registration number, and active ingredient(s)
Location and description of treated area
Time and date of application, and REI

(The 10 Top Ten Questions about the Worker Protection Standard were originally compiled by Rhonda Ferree of the University of Illinois, and reviewed by the Illinois Worker Protection Stakeholder committee)

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Pesticide Container Disposal and Recycling

WHO IS RESPONSIBLE FOR PROPER DISPOSAL OF PESTICIDES?

You are! Any person, company or organization that purchases or controls a pesticide is legally responsible for proper use, handling, storage and disposal.

PESTICIDES AND POINT SOURCE POLLUTION

Improper disposal and storage of pesticides can poison drinking water and upset the ecological balance of surface waters. This is considered "Point Source Pollution" and must be avoided to protect human health and the environment.

WHEN DO PESTICIDES BECOME WASTE?

Pesticides become a waste when they are no longer usable or no longer wanted. Waste pesticides include:

* pesticides exposed to extreme heat, cold or dampness

* canceled or suspended pesticides ("obsolete")

* unidentifiable pesticides

* pesticides which are no longer needed or wanted

HOW CAN I AVOID HAVING WASTE PESTICIDES IN THE FUTURE?

The best way to avoid pesticide related problems is to minimize use and storage of pesticides. Avoid having products left over by purchasing only what you need for one season, and mixing only the quantity necessary for each application. If you must save pesticides from year to year, be sure the container is secure, store in a safe and dry location, and use the pesticide as soon as possible. Talk with your pesticide dealer about minimizing waste. Ask if your dealer will take back unused pesticides that you purchased.

WHAT ARE MY DISPOSAL OPTIONS?

Disposal of pesticides can be very expensive, which is why you should take great care to avoid waste pesticides whenever possible. If you do end up with pesticides for disposal, you have two options:

1. Call a hazardous waste hauler for collection. Contact your state Environmental Protection Agency to get a list of licensed hazardous waste haulers in the state. Contact several different haulers to request disposal quotes. Then make an appointment to have the material collected.

2. Contact your local solid waste district to learn if they offer programs for farmers and/or small businesses. Although these programs may require that you pay disposal costs, it will usually cost less than having a hazardous waste hauler make a special trip to your farm.

3. Call the Vermont Agency of Agriculture to find out when special collection days will be held in your area. The number is 802-828-2431.

WHAT CAN I DO WITH EMPTY PESTICIDE CONTAINERS?

Always triple rinse or pressure rinse containers clean a the time of use. Then pour the rinsate into the spray tank so that all of the product purchased is used according to label instructions. Many pesticide dealers sponsor collections to recycle clean pesticide containers from farms. Call the Vermont Agency of Agriculture for more information.

SAFETY TIPS

1. Inspect all pesticide containers before handling. Only transport containers that are secure. If a container is in danger of leaking or spilling, carefully pack within another container for safe storage and transport. Always transport pesticides in the back of a truck, or in the trunk of a car. Never put containers or bags where driver and passengers will sit.

2. Observe all safety instructions listed on the labels when handling pesticides.

3. Keep pesticides in original container and be sure label is attached to the container.

4. Never mix pesticides, unless the label recommends mixing with other products.

5. Keep all containers dry during storage and transport.

6. Drive carefully if you transport your own pesticides for disposal. You are responsible for any spillage, damage, subsequent clean up and restoration that might occur while you are transporting pesticides, whether the accident is your fault or not. Drive directly to the pesticide collection after you load your vehicle.

(The source of the information about pesticide disposal and recycling is from a bulletin produced by the Addison County Solid Waste Management District in Middlebury, Vermont.)