Back to County Agricultural Commissioner (CAC) Letters

Department of Pesticide Regulation

Julie Henderson
Director

Gavin Newsom
Governor
Yana Garcia
Secretary for Environmental Protection

To: County Agricultural Commissioners

Certification And Training Rulemaking: Private Applicator Questions And Answers

The Department of Pesticide Regulation (DPR) has proposed to amend, adopt, or repeal various regulations in Title 3, California Code of Regulations (3 CCR) Division 6. These changes pertain to the certification of commercial and private pesticide applicators (“certified applicators”), development and submittal of continuing education (CE) courses required for license or certificate renewal, and supervision and training of non-certified applicators. These changes are to align California’s applicator certification program with federal regulations found in Title 40, Code of Federal Regulations (40 CFR) Part 171.

This letter responds to questions on implementation of some of the regulatory changes affecting private applicators in the currently proposed Certification and Training rulemaking (DPR file #22-003). Discussion of additional topics related to the proposed rulemaking may follow in subsequent letters.

1. Q: Will all private applicator certificate (PAC) holders be required to re-examine?
   A: Yes, though this requirement will vary depending on the individual.
   
   Individuals who are currently certified as a private applicator^* are required to take and pass the revised initial Private Applicator Certificate Examination to demonstrate competency with the revised private applicator standards in 40 CFR Part 171. In general, this requirement will coincide with the current private applicator renewal cycles, which are based on the first letter of a certificate holder’s last name.
   • Last names beginning with ‘R-Z’ expire December 31, 2023: These individuals must take and pass the revised examination by January 1, 2024 to maintain uninterrupted certification.†
   • Last names beginning with ‘A-H’ expire December 31, 2024: These individuals must take and pass the revised examination by January 1, 2025 to maintain uninterrupted certification.†
   • Last names beginning with ‘I-Q’ expire December 31, 2025: These individuals must take and pass the revised examination by January 1, 2026 to maintain uninterrupted certification.†
   
   *Note: Individuals who have taken and passed the revised initial Private Applicator Certificate Examination on or after October 1, 2022, have been tested on the new private applicator competency standards consistent with 40 CFR Part 171. These individuals can renew their PAC following the procedures in 3 CCR sections 6582(a) and 6584(a) for future renewals.
   
   †Note: Beginning January 1, 2024, individuals with PACs who seek to use or supervise the use of fumigants will have to hold the appropriate certification(s) consistent with the proposed regulations and their fumigant use activities. See the responses to Questions 3 and 4 below.
   
   For a discussion of the impacts on the Restricted Material Permit Program, see the response to Question 3 below.


2. Q: Will the CE credits a current PAC holder is earning be of no use when renewing their certificate? Please clarify the process for upcoming PAC renewal years.
   A: For PACs that expire on December 31, 2023, 2024, or 2025: These individuals can not renew using CE hours and must:
   
   • Take and pass the revised initial Private Applicator Certification Examination (version released on October 1, 2022) to be issued a new certificate.
   
   For PAC holders that expire on December 31, 2023, 2024, or 2025, ONLY once they have taken and passed the revised initial Private Applicator Certificate Examination (version released on October 1, 2022) can they renew their PAC following the procedures in 3 CCR sections 6582(a) and 6584(a) for future renewals, which includes using CE.
   
   All private applicators must take and pass the initial Private Applicator Certification Examination to demonstrate competency with the revised federal standards. As noted in the response to Question 1, for most PAC holders this will happen when their current PAC expires.
   
   
3. Q: How should CACs handle restricted material permits issued in 2023 and 2024 for fumigant use (such as for the use of Aluminum Phosphide)?
   A: For any permit expiring in 2023, the PAC holder must take and pass the required examination(s) and have the appropriate certification(s) for fumigant use prior to the CAC issuing a permit for any fumigant. These new requirements may pose some challenges for valid multi-year permits with fumigants expiring in 2024 or 2025.
   
   Beginning January 1, 2024, and regardless of when a permit expires, a PAC holder must possess the appropriate certification(s) consistent with the revised regulations and their pest control activities to continue fumigant use activities. The response to Question 4 provides information on the appropriate category(ies) for fumigant use activities under the proposed regulations.
   
   DPR encourages CACs to reach out to their permittees and associated PAC holders to inform them of these requirements, so they can take and pass the required examination(s) in 2023 to continue pest control with fumigants in 2024 and beyond. It will also be important to notify these parties that starting January 1, 2024 that it is grounds for denial of the permit application or Notice of Intent if there is not at least one person with the appropriate certification to use or supervise the use of the fumigant.
   
   
4. Q: Can you summarize the examinations and category(ies) a private applicator should obtain to remain in compliance?
   A: As noted in the response to Question 1, all individuals currently certified as a private applicator must take and pass the revised initial Private Applicator Certification Examination (version released on October 1, 2022).
   
   Additional examinations may also be necessary based on an individual’s fumigant use activities (see table below).
   
   

   Additional examinations required based on an individual’s fumigant use activities

   Current Certification	Type of Pest Control Conducted	What is Needed	Examination Required
   Private Applicator	Non-Fumigant	Initial Private Applicator Certificate Examination	Yes, from the CAC
   	Burrowing vertebrate pest control using a restricted material labeled as a fumigant for the control of burrowing vertebrate pests (e.g., use of aluminum phosphide)	Initial Private Applicator Certificate Examination and Burrowing Vertebrate Pest Fumigation Certificate Examination	Yes, from the CAC
   	Non-soil fumigation (e.g., on-farm commodity fumigation) using a pesticide labeled as a fumigant (e.g., use of aluminum phosphide or sulfuryl fluoride)	QAL or QAC with Category M (Non-Soil Fumigation)	Yes, from DPR
   	Soil fumigation to control soil pests, (e.g., field soil fumigation) using a pesticide labeled as a fumigant (e.g., use of metam sodium, metam potassium, or chloropicrin)	QAL or QAC with Category L (Soil Fumigation)	Yes, from DPR
   	Burrowing vertebrate pest control AND other Non-soil fumigation (e.g., on-farm commodity fumigation)	QAL or QAC with Category M (Non-Soil Fumigation). The Burrowing Vertebrate Pest Fumigation Certification is not necessary.	Yes, from DPR

   
   To review the pest control activities that may be performed by a Qualified Applicator License (QAL) or Qualified Applicator Certificate (QAC) holder with Category L (Soil Fumigation) or Category M (Non-Soil Fumigation), see the proposed amendments to 3 CCR section 6530(l) and (m) which can be found on DPR’s Licensing and Certification Program webpage.
   
   
5. Q: When will the examination(s) for private applicators be available?
   A: The revised initial Private Applicator Certificate Examination is currently available at all CAC offices. Individuals who take and pass this examination on or after October 1, 2022 have met the revised private applicator competency standards required by 40 CFR part 171.
   
   DPR intends to have the new private applicator Burrowing Vertebrate Pest Fumigation Certificate Examination and commercial applicator Soil and Non-Soil Fumigation category examinations available by July 1, 2023.
   
   
6. Q: Will there be new private applicator study guide(s) and when will these be available?
   A: The revised Pesticide Safety: A Study Manual for Private Applicators (3rd Edition), has been available for purchase since March 2022. This study manual covers the revised competencies for private applicators required by 40 CFR Part 171 and should be used to prepare to take the revised initial Private Applicator Certificate Examination. This guide is available in both English and Spanish. To purchase this guide, go to:
   
   
   • Pesticide Safety: A Study Manual for Private Applicators (3rd Edition) in English
   • Pesticide Safety: A Study Manual for Private Applicators (3rd Edition) in Spanish
   
   DPR intends to have the new private applicator Burrowing Vertebrate Pest Fumigation study guide and commercial applicator Soil and Non-Soil Fumigation study guides available by July 1, 2023.
   
   
7. Q: Where in the Pesticide Regulatory Activities Monthly Report (PRAMR) would CACs list the number of currently certified individuals who take and pass the revised initial Private Applicator Certification Examination?
   A: For tracking purposes, individuals who have taken and passed the revised initial Private Applicator Certification Examination should be listed in the PRAMR as new. They are considered to be new private applicators. In the CalPEATS monthly activity reports, these are reported in field VI.G.3 License/Certificate Registration/I.D. Numbers: Private Applicators – Certified – New Certified.

We understand and acknowledge these changes are substantial for those involved. However, they are necessary for DPR and CACs to ensure statewide consistency with the requirements in 40 CFR Part 171.

If you have any questions, please contact the Enforcement Branch Liaison assigned to your county.

Sincerely,

Original signature by:

cc: Mr. Joe Marade, DPR County/State Liaison
       Enforcement Branch Liaison