A pesticide is any substance or mixture of substances or chemicals intended for defoliating or desiccating plants or for preventing, destroying, repelling or mitigating any insects, rodents, fungi, bacteria, weeds or other forms of plant or animal life declared to be a pest. This includes, but is not limited to, insecticides, fungicides, bactericide, herbicides, desiccants, defoliants, plant regulators and nematocides.

U.S. Environmental Protection Agency

EPA is responsible for the registration of pesticides, reviewing labels for accuracy and safety, development of pesticide applicator training materials and enforcement of federal pesticide laws and regulations. Through its Office of Pesticide Programs (OPP), EPA uses FIFRA to manage its mandate.

The EPA regulates pesticides to protect humans and the environment. Enforcement of FIFRA is the responsibility of the EPA which, in turn, may, through cooperative agreements, delegate the authority for enforcing the act to states and Native American tribes. EPA has developed regulations for pesticide registration and use.

Each state and tribe has laws governing pesticides and their uses and these laws must be at least as strict as the federal laws. State certification plans are approved and evaluated by EPA. Because pesticide applicators are directly regulated and certified by their state agencies, these applicators must have a thorough knowledge of the state and federal pesticide laws.

Legislative Background

In 1947, Congress passed the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) which required federal registration of pesticides shipped in interstate commerce. Under the 1947 FIFRA, registered pesticides could be used by almost anyone for any purpose, and in any way, because that law did not address itself to pesticide use.

In 1972, Congress amended the FIFRA to add key regulatory mechanisms. This legislation is known as the Federal Environmental Pesticide Control Act, FEPCA. Among other things, these regulations (1) prohibit use of any registered pesticide in a manner inconsistent with label instructions; (2) require that pesticides be classified for general or restricted-use; (3) provide that pesticides in the restricted category may be used only by or under the direct supervision of certified applicators, or under such other regulatory restrictions as the EPA administrator may require; (4) establish general categories of certified applicator: private applicator and commercial applicator; (5) provide penalties (fines and jail terms) for violations of FIFRA; and (6) provide states the authority to regulate the sale or use of any federally registered pesticides in that state. The amended FIFRA was fully implemented in October 1977. A discussion of Tennessee certification will be covered under the state law.

By regulation, the EPA set minimum standards of competency for certification of pesticide applicators. This regulation, 40CFR171 “Certification of Pesticide Applicators,” allows states and Indian tribes with EPA-approved plans to administer certification programs within their boundaries. Certification is proof that an applicator knows better the correct and safe way to apply restricted-use pesticides.

Classification of Pesticides. Manufacturers must register every pesticide with the EPA. All pesticides must be classified by EPA either as general- or restricted- use. These are defined under the state law.

Label Directions. An applicator may not use any pesticide in a manner not permitted by the product’s label. A pesticide may be applied only on plants, animals or sites specified in the directions for use. You may not use higher dosages, higher concentrations or more frequent applications. You must follow directions for use, safety, mixing, diluting, storage and disposal.

Penalties. Civil Penalties – In general, any commercial applicator who violates any provision of FIFRA may be assessed a penalty of not more than $5,000 for each offense ($ 1,000 for private applicators). Before the agency imposes a fine, you have the right to ask for a hearing.

Criminal Penalties – In general, any applicator who knowingly violates any provision of FIFRA shall be fined not more than $25,000 or one year in prison ($ 1,000 and/or 30 days in prison for private applicators).

Tennessee Application of Pesticide Act: Pest Control Operator Regulations; Regulation Governing Restricted Use Pesticides and Worker Protection Standards

The following pages will cover portions of the laws and regulations found in the “Laws and Regulations Governing Pest Control Operators and Applicators of Restricted Use Pesticides.” This book may be obtained from the Tennessee Department of Agriculture (TDA), Ag Inputs and Pesticide Section of the Regulatory Services Division, who will henceforth be referred to as TDA or the State Department.

TDA is responsible for the protection of the health, safety and welfare of pest control employees and the general public from hazards and consequences of pest control activities. TDA insures that all pesticides are used in accordance with the registered labels and labeling. The Department regulates all pesticide use within Tennessee, issues certification for uses of restricted-use pesticides, and enforces regulations dealing with pesticide safety, handling, application, and disposal. TDA certification and enforcement functions are coordinated primarily through the Ag Inputs and Pesticides Section of the Regulatory Services Division.

In Tennessee, TDA establishes qualifications and administers examinations for individuals to become commercial applicators and licensed applicators (licensed pest control operators) that enables these people to apply restricted-use pesticides and become involved in commercial pest control operations (charge a fee).

The department also certifies people as commercial applicators who do pest control work in residential, industrial or institutional buildings (and other areas) as part of their regular employment. Such people include building superintendents, caretakers and maintenance workers who are employed by apartments, schools, government agencies, manufacturing plants, private businesses, hospitals or similar facilities.

The governor appoints a seven-member pest control board to advise the Commissioner of Agriculture as to the promulgation of rules and regulations. They determine the various licensing categories, prescribe the required qualifications for applicants and approve the necessary examinations or testing procedures.

Under the Commissioner of Agriculture, the Regulatory Services Division administers examinations and issues license to individuals performing any type of structural pest control for hire, including pesticide application. The division also regulates and monitors the pest control activities of businesses and individuals.

No city, town, county or other political subdivision may adopt or continue in effect any ordinance, rule, regulation or statute regarding pesticide sale or use except as provided in Article 62-21-118(b) of the Tennessee Application of Pesticide Act and Article 43-8-115 of the Tennessee Insecticide Fungicide and Rodenticide Act.

Certification

In Tennessee certification means the commissioner of agriculture has the authority to authorize one to use, supervise the use, buy or sell restricted-use pesticides. It also means the commissioner can authorize one to issue a wood destroying insect infestation inspection report.

EPA and Tennessee classifies registered pesticides as either general-use (unclassified) or restricted-use. A general-use pesticide are those that will not ordinarily cause unreasonable adverse effects on the user or the environment when used in accordance with label instructions. These pesticides are available to the general public.

Restricted-use pesticides are defined as those that may cause adverse effects on the environment and/or the applicator, unless subject to additional regulatory restrictions. They are generally available only to certified applicators.

Applicators of restricted-use pesticides must be certified as private applicators or commercial applicators. A private applicator is a farmer, rancher, orchardist, nursery, producer, greenhouse operator, etc., who uses or supervises the use of restricted pesticides to produce an agricultural commodity on property owned or rented by the applicator or his/her employer or (if applied without compensation other than trading of personal services between producers of agricultural commodities) on the property of another person.

Commercial applicators are those who use or supervise the use of restricted pesticides on any property other than as provided by the definition of “private applicator.” Commercial pesticide applicators are certified to work in certain categories.

Written examinations are used to determine the competence of commercial applicators. Part of the test includes general standards which all commercial applicators must know. These standards include a practical knowledge of the principles and practices of pest control and the safe use of pesticides. The rest of the test is related to the particular category.

In chartered companies, registered solicitors, including sales representatives, licensees and registered technicians, who work under the supervision of a licensed pest control operator, must possess a commercial certification in each category of service. A pest control technician applying pesticides under the supervision of a licensed pest control operator has 90 days from the date of his/her employment to become certified as a commercial applicator. If a technician is not certified during the 90-day period, he/she can only continue to apply pesticides in the presence of a licensed operator.

Commercial applicator certification may be issued in the following categories: C1 - Agriculture, C2 - Forest Pest Control, C3 - Ornamental and Turf, C4 - Seed Treatment, C5 - Aquatic Pest Control, C6 - Right-Of Way, C7 - Industrial, Institutional, Structural & Health Related Pest Control, C8 - Public Health Control, C10 - Demonstration, Research and Regulatory Pest Control, C11 - Wood Preservatives, C12 - Pesticide Dealer, C13 - Anti-Fouling Marine Paint, C14 - Microbial Pest Control and C16 - Sewer Line Treatment.

Training and Exam Opportunities for Commercial Applicator Certification

Training sessions are held periodically by The University of Tennessee Agricultural Extension Service for those seeking to become certified commercial applicators. They are offered the first Friday of each month at U.T. Knoxville and once a quarter by ITV in Knoxville (Morgan Hall, Ag Campus), Greeneville (4-H Camp), Chattanooga (U.T.), Nashville (U.T. Extension District Office), Jackson (U.T. Experiment Station), and Memphis (U.T. Medical Unit). The registration fee for training is $25 for the “Core” and$ 10 for each Commercial Applicator category that may be offered.

Study materials have been developed by the faculty at The University of Tennessee and are available for purchase to study for an exam. An order form is available from the Pesticide Coordinator’s office.

Pesticide Coordinator

University of Tennessee

Box 1071

Knoxville, TN 37901

Phone: 865-974-7138

E-Mail: gburgess1@utk.edu

Following the training, a test covering general standards and category(ies) is given by the Tennessee Department of Agriculture. The exam fee for a commercial category is $15, and must be prepaid two weeks in advance of the exam date. Send your check or money order to:

Certification and Licensing Supervisor

Tennessee Department of Agriculture

Box 40627, Melrose Station

Nashville, TN 37204.

Phone: 615-837-5148

E-Mail: grmoon@mail.state.tn.us

Recertification

Recertification

A commercial applicator’s certification period only lasts for three years. Everyone’s certification expires on the same date. Recertification may be obtained by acquiring a specified number of points during the current certification period. One must earn 1/3 of their points each year. Only one half of the points may be in-house. The rest must be from outside schools. The point requirement for each category may be found in SP363-D, “Tennessee Commercial Applicator Recertification Point System.” Points may be awarded for attending conferences, programs, seminars, etc., that present information pertinent to the individual’s certification category. The pesticide coordinator or his/ her designee in the Department of Entomology and Plant Pathology (EPP) at The University of Tennessee assigns points for educational institutional programs and TDA assigns points for industry programs. A list of approved annual meetings may be obtained from the Pesticide Coordinator’s office at U.T. or the Certification & Licensing Supervisor’s office at TDA.

Annual Meetings

A list of annual meetings where recertification points may be earned is found in E&PP Info. 375, which may be obtained from the Pesticide Coordinator’s office at U.T. The EPP phone number and address is given above.

Current Workshops / Seminars

The upcoming meetings (current workshops/seminars) may also be obtained from the Pesticide Coordinator’s office or may be found on the EPP web site by way of the Internet at http://eppserver.ag.utk/pat/pat.htm.

Commercial Pest Control Operator

In Tennessee a “commercial pest control operator” is a person or business entity who:

(A) Engages in the custom application of pesticides.

(B) Performs an inspection of real property for the purpose of issuing a wood destroying insect infestation inspection report.

(C) And, who has demonstrated to the Pest Control Licensing and Advisory Board their qualifications to design and direct pest control and inspection operations.

Charter

A charter is an instrument issued by the Department of Agriculture, authorizing a person, firm or cooperation to engage in the business of commercial pest control operations. Each person, firm or corporation who wishes to engage in business as a commercial pest control operator must secure a charter from TDA in the category or categories in which they intend to do business. A charter is required for each office and branch office. A commercial pest control operator is required for the main or supervisory office. Once chartered, an individual may solicit or advertise his/her business. All printed advertisement must include their charter number.

Each person applying for or holding a charter is required to have:

(A) A commercial pest control operator for the main or supervisory office.

(B) A licensed commercial pest control operator for each category of service offered at each office or branch office. This individual may be licensed in one or more categories. Branch offices must be supervised by licensed operators.

(C) A corporate surety bond of $10,000.

(D) Minimum liability insurance for the annual period of insurance:

$250,000 for a single occurrence of liability

$500,000 for aggregate liability

(E) Errors and omissions insurance (in additional to the above liability insurance when working with the wood-destroying organisms category) for the annual period of insurance:

$100,000 for a single occurrence

$300,000 aggregate errors and omissions liability

All persons chartered are required to:

(A) List with TDA the name, residence and address and secure a solicitor’s registration of each salesperson or agent who is authorized to solicit business or any one authorized to enter into a pest control contract. A licensee or registered technician is also considered to be a registered solicitor.

(B) Each person chartered is required to obtain from TDA a solicitor’s registration for all sale representatives or agents.

(C) Registration is issued to solicitors, when the following has been shown to TDA:

(1) The prospective solicitor is an employee of the chartered firm.

(2) The prospective solicitor has written authority to solicit business for the firm and bind the firm to contracts for pest control service.

(3) When proper fees have been paid to TDA.

(D) Solicitors may possess only one registration card (from one chartered company only) and employed by only one chartered person at a time.

(E) Solicitors must be certified as commercial applicators.

(F) List with the department the names, residences and addresses of all employees (exclusive of clerical employees) who are engaged in the handling, transportation or application of pesticides.

(G) Notify the department of any changes in employment of these employees.

TDA requires that vehicles of chartered companies used in pest control work are permanently marked with the name of the company and the charter number. The size of the lettering must be at least two inches (2") tall.

Licenses

TDA issues licenses to individuals in qualified businesses to engage in commercial pest control in Tennessee. A licensed applicator (licensed pest control operator) will also supervise the certified technicians, registered solicitors, salespersons and other licensees. A licensee should maintain an active practice. If an operator is not engaged in activities of license for one year or longer their license will have to be renewed by re-examination.

Licenses are issued in the following categories: Wood-Destroying Organisms (WDO), General Pest & Rodent Control (GRC), Weed Right-Of-Way (WEC), Aquatic Weed (AQW), Fumigation - Agricultural/Structural (FUS/FUM), Bird Control (BDC), Agricultural - Ground Equipment (AGE), Horticulture - Lawn & Turf (HLT), Horticulture - Interior (HLI), and Special Category (SPC) & Pest Control Consultant (PCC). The license must be renewed annually. There is a $150 fee for each licensing exam.

For the PHC (Public Health Pest Control) licensing category, one should study the manual on mosquitoes plus the pests in the certification Category 8 manual, Public Health Pest Control, which include cockroaches, sucking lice, fleas, bedbugs, bees, wasps, hornets, yellow jackets, mosquitoes, midges, biting flies, gnats, domestic flies, mites, ticks, spiders, domestic rodents, birds and bats.

The AGE (Agriculture - Ground Equipment) licensing category includes control of agricultural pests by means other than fumigation.

The AQW (Aquatic Weed Control) licensing category includes the control of aquatic plants by the application of herbicides.

The BDC (Bird Control) licensing category covers the control of pest birds, such as, house sparrows, starlings, blackbirds, crows, pigeons, woodpeckers, Canada geese, great blue herons and others, by the use of pesticides.

The FUM (Fumigation Agriculture) licensing category includes control of agricultural pests found in the soil by application of a gas. These may be in a solid or liquid form.

The FUS (Fumigation Structural) licensing category includes the control of pest in buildings, ships, boxcars, trailers, and other additional sites other than agricultural land.

The GRC (General Pest & Rodent Control) licensing category covers the control of general pest and rodents (vertebrate and invertebrate pests) in an around the home and other buildings. These are pests, such as cockroaches, ants, flies, fleas, fabric pests, flour beetles, Indian meal moths, and domestic rodents, not specifically covered by other categories of license described.

The HLI (Horticultural - Interior) includes control of pests and diseases of plants grown indoors.

The HLT (Horticulture - Lawn & Turf) licensing category specifically deals with the control of pests and diseases of shrubs, trees, lawn and turf in residential, institutional and non-agricultural locations. These pests do not normally invade residential, institutional and non-agricultural locations. Examples are bagworms, white grubs, moles, voles, scale insects, disease of turf (such as brown patch), ornamentals, trees and such.

The PCC (Pest Control Consultant) licensing category is for individuals graduating from an accredited college or university with a Bachelor’s degree in the field of pest control in which consultation is offered. A license in this category does not qualify the holder to perform pest control operations.

The SEC (Special Category) licensing category covers the control of pests in special situations by methods not included in other categories or by individuals not licensed in other categories. These license may or may not require an exam. They are limited to specific pesticide uses and situations as determined by the board.

The WDO (Wood Destroying Organisms) licensing category covers the control of termites, various wood borers, carpenter bees, carpenter ants and decay without regard to the type or use of structure involved. Control of silver fish, meal worms, roaches, etc., which may damage wood only infrequently, is not included in this category.

The WEC (Weed Right-of-Way) includes control of plants, whether woody or herbaceous, by the application of chemicals generally classed as herbicides to industrial sites and right-of-way such as, but not limited to, highways, transmission lines, drainage ditches, etc. These chemicals may be desiccants, defoliants, growth regulators, soil sterilizing agents etc.

Before taking a licensing exam, which is given in Nashville, applicants must show one or more of the following qualifications:

(A) A bachelor’s degree or its equivalent with major or minor in a discipline reasonably related to the category of pest in which the applicant is seeking a license; or

(B) At least two years of work experience in the category of license for which the application is made, except the category of AGE and HLT.

(C) Holding a license in the same category from another state.

(D) Sufficient experience, as determined by the board, in the category of AGE and HLT.

Whether or not engaged in the business of applying pesticides, a person may not apply a pesticide within any of the following buildings, except under the direct supervision of a person licensed to apply pesticides (chartered and non-chartered firm or business):

(A) any building used for the preparation or serving of food;

(B) any building used for the temporary or permanent lodging of others;

(C) any building used primarily for educational purposes, except those buildings used primarily for religious instruction or for providing education to not more than ten persons; or

(D) any commercial food-processing facility.

These stated rules do not apply to the application of pesticides by an individual in his/her dwelling, nor to the application of pesticides by the owner of a multi-unit dwelling in which the owner resides and which contains not more than three additional units used for the temporary or permanent lodging of others.

Licensed pest control operators should be in charge of the licensee’s pest control activities. It is suggested that they primarily supervise the pest control activities at a business location, such as:

1. Selection of proper, correct chemicals for the particular pest control work.

2. Safe and proper use of these pesticides.

3. Correct concentration and formulation of pesticides used.

4. Training of pest control technicians in the proper and acceptable methods of pest control.

Training should include laws and rules pertaining to pest control; precautions to safeguard life, health, and property; pests (their habits, recognition of damage, and identification to common name); accepted industry practices in pest control; how to read labels; and integrated pest management.

5. Control measures and procedures used.

To become a licensed applicator (licensed pest control operator), each person must first pass the commercial certification exam. It is recommended that this exam be taken prior to the licensing category exam(s).

Individuals who wish to become licensed may obtain an application from the Pesticide Coordinator’s office (218 Plant Science Building, The University of Tennessee; phone: 865/ 974-7138, fax: 865/974-8868) or the Certification and Training Supervisor (Ag Inputs & Pesticide Section, Porter Bldg.) or write to their respective offices.

The application should be completed and sent to the Certification and Training Supervisor with TDA.

Licensing exams are given in January, April, July and October. Therefore, applications for exams will need to be in the Regulatory Services Division office postmarked by midnight on the tenth of the month preceding the month of the present exam (December 10, March 10, June 10 and September 10). Applications must be received with correct fees plus a college transcript or certificate of experience. The applicant will be notified by the Certification and Licensing Coordinator with the statement of “application approved.” The exam fee is $150 per category for initial or re-examination.

If approved, the applicant may take the licensing exam the next month of the same quarter, when the exam is offered. The licensing exam is usually offered on Tuesday and Wednesday of the first week in the quarter. Generally, the GRC, HLT, WDO, FUM & FUS exams are offered on Tuesday; and the PHC, AQW, WEC, BDC, AGE and HLI are offered on Wednesday. Applicants for PPC and SPC appear before the board.

Applicants may study specimens in the Regulatory Services Division lab on the week preceding and Monday just before the exams. Training may be offered for some licensing categories prior to the licensing exams. Call the University of Tennessee Pesticide Coordinator’s office at 865-974-7138 for more information. The exams are given only at the Ellington Agricultural Center Auditorium in Nashville. You should bring a magnifying glass with light to the exam.

Once an individual has passed the licensing category exam(s), they should then obtain a surity bond from a bonding company and liability insurance. Proof of bonding and insurance, together with an application and fee, is presented to TDA for a charter.

Denial, Suspension or Revocation of Charter, License or Certificate

If a charter holder, licensee, or certificate holder has violated any provision of the law or used any economic poison in violation of the law, a hearing may be held by TDA. The purpose of the hearing is to determine if the license, charter or certification should be denied, suspended, revoked or modified, and/or impose civil penalties of up to $1000 for each violation. A warning notice may be issued.

A charter is automatically suspended if the licensed pest control operator, whose name appears on the charter, ceases to be in charge of the charter holder’s pest control operations. A grace period of 120 days may be granted so the charter holder may find another qualified operator to be examined by TDA.

A custom applicator without a valid charter is considered a Class A misdemeanor. According to the TN Code Annotated, TCA 40-35-110 & 111, the penalty for a Class A misdemeanor is imprisonment not greater than 11 months and 29 days or a fine not to exceed $2,500 or both, unless the statue states otherwise.

Fees

There are certain fees involved when becoming certified, licensed and or chartered. They are as follows:

(A) Charter; $400 (Paid every two years)

(B) License; $40 (Paid every two years)

(C) Registration of non-clerical employees; $40 (Paid every two years)

(D) Consultants license; $250

(E) Licensing exams; $150

(F) Re-examination fee for license; $150

Charter and License Renewals

TDA has established a system of license and charter renewals at alternative intervals. Starting in 2001, those whose last name began with A thru K will not have to renew their charter and license until Jan 2001 and those from L thru Z until January 2002. Then everyone will go to a two-year cycle for renewal.

A 30 day grace period is allowed to renew license or charters. Following the grace period, a ten dollar per day penalty is levied for each day they are late.

Record Keeping

All commercial applicators and commercial pest control operators must keep records of both restricted and general use pesticides for two years. These must be made available on demand to the Commissioner of Agriculture, or his/her designee.

These records must show (for each application):

(A) The pesticide used

(B) The target pest

(C) The crop, plant, house, business or building the pesticide is applied on or to, and the location

(D) The dosage rate

(E) The percentage of mixed-use dilution

(F) The landowner, agent or other person employing such applicator

(G) The date of service

(H) The amount of pesticide used.

The University of Tennessee Agricultural Extension Service has a commercial applicator form, Form 805, which has all the requirements for recordkeeping and non-required recommended items. This may be obtained from the Pesticide Coordinator’s office. A printable recordkeeping form, as well as pesticide recordkeeping software may be downloaded at http://web.utk.edu/~extepp/pat/pat.htm.

Sale or Transportation of Pesticides

It is unlawful for any person to distribute, sell or transport in intrastate or interstate commerce any pesticide:

(A) If it is not registered according to the law in Tennessee.

(B) If any claims or directions for use differ from its registration.

(C) If the composition differs from the composition of registration.

(D) If not in the manufacturer’s unbroken, properly labeled container.

(E) If any highly toxic pesticide that does not have the skull and crossbones, with the signal word “poison” in red on a contrasting background.

(F) If an antidote for the pesticide is not listed on the label.

(G) If any pesticide is adulterated or misbranded.

A violation of this section of the law is a Class C misdemeanor.

Label

It is unlawful to:

(A) Detach, alter, deface, or destroy, in whole or in part, any label or labeling.

(B) For any manufacturer, distributor, dealer, carrier, or other person to refuse information on the nature or kind of a pesticide. Or, to refuse TDA representatives to have access to and to copy any records of business transactions that are essential in carrying out the law (TIFRA).

(C) For any person to give a false guaranty as provided in the law (TIFRA).

(D) For any person to dispose of, discard or store any pesticide or pesticide containers in a manner that would cause injury to man, vegetation, crops, livestock, wildlife, beneficial insects or to pollute any water supply or waterways.

Registration of Pesticides

Every pesticide which is distributed or sold within the state must be registered with TDA and registration fees paid. All pesticide products must be registered annually and their registration expires on June 30 each year. The fee for registration is $100 for each grade or brand of pesticide to be registered. A 30 day grace period is allowed for renewals of registration, but upon any renewal following the grace period, an additional$ 50 late fee is charged.

The Commissioner may refuse to register or may revoke or suspend any or all registrations where the registrant is found to have violated any provision of the law (TIFRA).

Powers of Commissioner

The Commissioner is authorized to:

(A) To enter any car, warehouse, store, building, boat vessel or other place where pesticides are held for distribution or sale for the purpose of inspection or sampling for analysis or examination from any lot, package or parcel containing a pesticide.

(B) Classify pesticides for general-use or restricted-use.

(C) Periodically review the records of sales of restricted-use pesticides by licensed dealers.

Stop Sale, Use, Removal, Seizure, or Condemnation

The Commissioner may issue and enforce a written “stop sale, use, or removal” order to the owner or custodian of any lot of pesticide. And, this may be held at a designated place, when it is found that the pesticide is being offered for sale in violation of any of the provision of the law. It may be held until the law has been complied with and the pesticide is released by the Commissioner.

Any lot of pesticide not in compliance with the provision of TIFRA is subject to seizure. If the court finds the pesticide to be in violation of parts 1 and 2 of TIFRA and orders the condemnation of the pesticide, it will be disposed of in any manner consistent with the laws of Tennessee. The claimant may apply to the court for release of the pesticide or permission to process or relabel the product to bring it into compliance.

Pesticide Dealers

All persons offering restricted-use pesticides for sale in Tennessee must be a holder of a valid pesticide dealer license. A separate license must be obtained for each location or outlet where the business may be conducted. Each applicant for an original license must take a written examination given by TDA.

Dealers must complete an application and send it together with $50 to TDA. Dealers must submit to TDA, with each application for an original or renewal license, all persons employed by him/her who sell or solicit the sale of restricted-use pesticides. All license expires annually on June 30. If the application for renewal of a license is not filed on or before July 1 of any year, a penalty of$ 25 is assessed and added to the $50 renewal fee.

Licensed pesticide dealers must maintain records necessary to identify all purchases of restricted-use pesticides. The records must include the name of the purchaser, the purchaser’s certification number, and the name and the amount of the pesticide purchased.

Civil Penalties

Fines for civil penalties for violations of the Tennessee Insecticide, Fungicide and Rodenticide Act are found in Section 0800-6-16-.08 of the Regulations Governing Use of Restricted Use Pesticides (the last three pages of the book).

Endangered Species Act

A Federal law designed to protect plant and animal species, that are in danger of extinction. The EPA, in cooperation with other federal, state and county agencies, has established limitations on the use of certain pesticides in specific areas known as harbor endangered species. Prior to making any pesticide application, the user must determine that endangered species are not located on or immediately adjacent to the site to be treated. If in doubt, the user should contact the regional U.S. Fish and Wildlife Service Office, or the state fish and game office.

Federal Hazardous Material Transportation Law

The Department of Transportation (DOT) is authorized under the Federal Hazardous Materials Transportation Law (formerly the Hazardous Materials Transportation Act) to regulate the shipment of hazardous materials in commerce, whether shipments are made by motor vehicle, rail car, aircraft or vessel.

The Research and Special Programs Administration (RSPA) is responsible for promulgating, administering, enforcing and interpreting hazardous materials regulations. The Office of Hazardous Materials Safety (OHMS) within RSPA is in charge of writing regulations, granting exemptions, providing interpretations and enforcement. The hazardous materials transportation regulations issued by RSPA are found in 49 CFR 100-185 and apply only to hazardous materials – materials which, when offered for transportation, can pose an unreasonable risk to health, safety and property.

Before a material may be shipped domestically, it must be classified to determine whether it meets one or more of the DOT hazard class definitions. Pesticides are frequently subject to DOT regulations since the active ingredients or other components in the formulation may cause the products to meet one or more of th DOT hazard class definitions. If the pesticide is determined to be hazardous, it must be properly packaged, described and certified on shipping papers. Non-bulk packages must be marked with a DOT proper shipping name and UN/NA identification number (from 49 CFR Section 172.101) and other package markings, as required, and labeled with DOT 4" x 4" hazard labels, if specified.

In general, portable tanks, tank trucks, and tank cars which contain hazardous materials must display placards on both sides and both ends, and they must remain placarded when they contain a residue of hazardous material. Portable tanks have a rated capacity of less than 1000 gallons may be labeled on two sides, two ends, or placarded on two opposite sides. Transport vehicles, portable tanks, and freight containers that contain materials subject to the “Poison-Inhalation Hazard” shipping paper requirement must be placarded “POISON”, “POISON-INHALATION HAZARD”, OR POISON GAS,” as appropriate on each side and end in addition to any other placards required because of additional hazards. Technical names (recognized chemical name) must also appear in parentheses as part of the non-bulk package markings. Trade names cannot be used as technical names unless they appear in the hazardous materials table. Mixtures or solutions of hazardous materials require the technical names of at least two component contributing to the hazards to be identified on both shipping papers and non-bulk package markings.

Individuals who perform functions involving the transportation of hazardous materials must receive training concerning regulatory requirements applicable to those functions. Persons who in the course of employment directly affect hazardous materials transportation safety must be trained.

The regulatory requirement is designed to increase hazmat employee awareness of safety considerations involved in loading, unloading, handling, storing, shipping paper preparation, marking, labeling, placarding, and transportation of hazardous materials, and to improve emergency preparedness for responding to transportation incidents and accidents.

A material of trade is a hazardous material carried on a motor vehicle: 1. To protect the health and safety of the driver or passengers; 2. To support the vehicle operation or maintenance; 3. By a private motor carrier in direct support of a principle business that is other than transportation.

Materials of trade must be packaged in the manufacturer’s original DOT authorized packaging, or a packaging of equal or greater integrity.

Occupational Safety and Health Act

The Occupational Safety and Health Act was established to assure working people safe and healthful working conditions. It imposes upon employers the obligation to provide employees with workplaces that are free from recognized health and safety hazards, and to maintain compliance with specific OSHA standards. EPA has authority under FIFRA relating to the safety of farm workers in fields treated with pesticides, and OSHA has authority over manufacturing, formulating, and distribution operations involving worker safety in the pesticide industry.

The OSHA Hazard Communication Standard (29 CFR Section 1910.1200) ensures that the hazards of all chemicals produced or imported are evaluated and that information concerning their hazards is transmitted to employers and employees. This so-called “Right-to-Know” law requires employers with employees exposed to hazardous chemicals to provide information to their employees on the hazards by means of hazard communication programs including labels, Material Safety Data Sheets (MSDSs), training, and access to written records.

Under the Hazard Communication Standard, all containers of hazardous chemicals in, or leaving, the workplace (unless the container is used for temporary transfer purposes) must be labeled, tagged, or marked with appropriate hazard warnings and with an identity permitting it to be cross-referenced to the MSDS. All employers must assure that employees are adequately trained relative to the hazardous chemicals, in detection and protection methods, and in the labeling and MSDS system used in theirworkplace.

HCS does not apply to labeling of pesticides covered under FIFRA. Inert ingredients and intermediates which are not pesticides under FIFRA are covered.

Resource Conservation and Recovery Act (RCRA)

The Resource Conservation and Recovery Act (RCRA) of 1976 (as amended) regulates the generation, treatment, storage, transportation, and disposal of solid wastes. Solid waste are defined as hazardous under RCRA when they are included in one of several lists. Two of these are:

P-List – Acutely hazardous commercial chemical products (40 CFR 261.33(e)).

U-List – Toxic and other commercial chemical products (40 CFR 261.33(f)).

Both P- List and the U-List contain several commercial pesticides.

The following are examples of pesticide wastes which can be regulated under RCRA:

Discarded, unused pesticides, either as technicals or formulations, that are listed or that meet one or more of the characteristics of hazardous waste.
Discarded residue or rinsate from drums, tanks, or containers depending o the RCRA classification of the pesticide/rinsate.
Non-empty pesticide containers which held a listed pesticide or held a pesticide exhibiting a hazardous waste characteristic. In the case of pesticides that are acutely hazardous (P-List), containers or inner liners from containers are also acutely hazardous wastes when disposed unless they have been triple rinsed with an appropriate solvent.
Pesticide residue consisting of contaminated soil, water, or other debris resulting from the cleanup of a spilled pesticide.

In order to know how such regulated pesticide wastes must be managed, a generator must first determine into which of the three classes it falls. The classes are as follows:

Conditionally Exempt Small Quantity Generator – Generators of no more than 100 kilograms (kg) of hazardous waste or 1 kg of acutely hazardous waste (P-listed commercial chemical products) per month (including no more than 100 kg of clean-up debris from cleaning up a spill of an acutely hazardous waste).
Small Quantity Generator – Generators of 100 to 1000 kg of hazardous waste per month which do not generate more than 1 kg of acutely hazardous waste (or 100 kg of spill clean-up debris) during the same month, an who never accumulate more than 6000 kg on-site.
Large Quantity Generator – Generators of 1000 kg or more of hazardous waste or more than 1 kg of acutely hazardous waste per month.

Small Quantity and Large Quantity Generators must notify EPA that they are a generator, and must obtain an EPA Identification Number. Hazardous waste cannot be stored without an RCRA permit. However, EPA regulations allow storage in containers or tanks without a permit for specified times under certain conditions (See 40 CFR 262.34).

When wastes are stored in containers, the containers must be labeled with the words, “HAZARDOUS WASTE,” and must be marked with the date on which wastes began to accumulate in that container. The containers must be kept closed, must be in good condition, and must be inspected weekly for signs of corrosion, leaks, bulges, etc.

Small Quantity Generators must either transport waste off-site, or treat them on-site, within 180 days. Large Quantity Generators must either transport wastes off-site, or threat them on-site within 90 days.

Transportation Requirements. Hazardous waste which is to be shipped must be packaged according to US. DOT regulations, and each container (drum, portable tank, tank truck, or tank car) used for shipping a hazardous waste must be labeled, marked, and placarded in accordance wit these same rules. In addition to any required DOT markings, each container of 110 gallons or less must bear the following legend:

HAZARDOUS WASTE – Federal Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the U.S. Environmental Protection Agency.

Generator’s Name and Address

Manifest Document Number

The discarding of pesticides, residues, and rinsates is usually regulated under RCRA. However, disposal requirements for empty containers are mandated by EPA under FIFRA. These requirements are found in the container disposal instructions on the product label.

Comprehensive Environmental Response Compensation and Liability Act (CERCLA)

CERCLA gives EPA authority to enforce or to carry out cleanups of releases or threatened releases of “Hazardous Substances,” pollutants, and contaminants resulting from chemical spills or from hazardous waste sites, when there is an imminent and substantial danger to public health, welfare, or the environment.

If during any 24-hour period, a designated “hazardous substance” is released into the environment (land, water or air) at or above a specific reportable quantity (RQ) for that material, CERCLA requires an immediate call to the National Response Center (800-424-8802). Section 102(b) of CERCLA establishes RQs of 1 pound for hazardous substance releases, except for those hazardous substances that have been assigned higher RQs as per Section 311 of the Clean Water Act.

Release means any spilling, leaking, emitting, discharging, injecting, escaping, leaching, dumping, or disposing into the environment. Reportable quantities may be found in section 302.4 of the Act.

EPA’s regulations covering the designation of hazardous substances and their associated reportable quantities, as well as notifictaion requirements under CERCLA, are found in 40 CFR 302. The list of hazardous substances, specified at 40 CFR 302.4, encompasses pesticides and other compounds.

Section 103 of CERCLA specifically exempts the following activities from release notification:

1. The application of pesticides registered under FIFRA when these pesticides are applied in accordance with the registered label instructions.

2. The storage and handling of a registered pesticide product by an agricultural producer.

Releases of pesticides that occur during handling and storage, and releases that result during transportation, are covered under provisions of CERCLA. The transportation provisions of the act direct the U.S. Department of Transportation (DOT) to list and regulate hazardous substances. In compliance, DOT has listed the hazardous substances in the Appendix to the Hazardous Materials Table (49 CFR 172.101), and requires special markings and shipping paper entries to alert the carrier that he is transporting them.