Director’s Corner

Safe and Legal Pesticide Use

Leaders of lawn/landscape companies and directors of city and county parks departments recently contacted me asking how their employees can legally apply pesticides. I don’t know what is behind the recent quest for knowledge and the desire to obey regulations, but the calls warmed my heart! Responsible persons in our industry constantly seek to not just obey regulations but to exceed them in our quest to protect and enhance the environment while earning a living. What follows is a summary of my answer to each of the calls. Space constraints necessitate my focus on Virginia’s regulations and to devote most of the space to the Registered Technician Certification. I do make one exception: The Federal Government’s application of the Endangered Species Act to pesticide usage. Recently, certain pesticide labels began requiring users to check the Bulletins Live Two website. Search “Bulletins Live Two” and “EPA” to find that site. It is a good idea to check out that site even if the pesticide you are using does not mandate you do so. Bulletins Live Two is extremely specific, detailing each location where pesticide usage is restricted. Ignoring those restrictions puts the user in violation of the Endangered Species Act, with very serious consequences. Now, back to Virginia’s regulations.

The Virginia Department of Agriculture and Consumer Services (VDACS) regulates pesticides. It is the agency responsible for implementing federally mandated policies. With very few exceptions, persons who mix or apply pesticides fall into one of two categories: Certified Commercial Applicator (CCA) and Certified Registered Technician (CRT). CCA’s fall into one or more categories: 3A, 3B, 5A, and so forth. Certified Registered Technicians have only one category – Category 60 but must always have a CCA category endorsement.

Becoming a CRT is the first step in becoming legally able to use pesticides and requires taking and passing an examination developed and administered by VDACS. Several testing options are available, including taking the exam at the Division of Motor Vehicles, in person with a written test, or on a personal laptop. Each option requires a permission letter from VDACS. That letter is granted once the applicant completes at least 40 hours of training in the endorsement area (3A, 3B, etc.) he is seeking. That training is on the safe and proper application of pesticides and must be under direct, on-site supervision of a CCA. Depending on the venue, persons who pass the exam will be certified as Registered Technicians either immediately (the DMV option), within days (the laptop option), or else within a few weeks (the paper option).

In addition to always diligently following the pesticide label (remember, the label is the law), an active CRT (1) must have proper insurance; (2) must only use pesticides in accordance within the CCA endorsement - for instance, a CRT only endorsed to treat shrubs is not allowed to spray for mosquitoes; (3) must always be “attached to” a CCA who holds the category of the CRT’s endorsement; and (4) must work for a pesticide business that is registered with VDACS, The latter also applies to cities, counties, and other government entities.

The CRT is not allowed to use Restricted Use Pesticides. Fortunately, very few of those products are used in our industry.

What if a CRT wants to get other endorsements? VDACS allows that to happen by receiving category-specific training and notifying them of the addition.

Here are three final caveats: (1) with the exception of always following the label (again remember, the label is the law) the above information does not apply to persons using pesticides on private property – those applications are also regulated by VDACS but fall under a different category; (2) with the exception of always following the label (Do you sense a pattern here?) non-certified and non-licensed volunteers are not allowed to use pesticides; and (3) the Certified Pesticide Applicator must take an approved recertification class every two years to maintain his certification.

After a person is a Certified Registered Technician for at least one year, he may apply to take an examination to become a Certified Commercial Applicator. I will discuss that process at a later time.

As the state trooper says when you are at the side of the road: Ignorance of the speed limit is no excuse for breaking it. VDACS’ regulations are detailed, clear and readily available. They must be obeyed. I thank all of you for endeavoring to legally and safely use pesticides.

Tom Tracy, Ph.D.

VTC Executive Director