For someone applying a restricted-use pesticide under supervision, being old enough is only one part of readiness. EPA's January 4, 2017 final rule also requires the supervising certified applicator to ensure qualification, equipment instruction, access to product labeling and a way to communicate immediately. The intended protection concerns the actual work, not simply a name on a certificate. [2016-30332]

The August 2015 proposal had sought stronger training and supervision and an age floor of 18 for certified and supervised noncertified applicators. The final rule preserves 18 as the general minimum but allows some noncertified users aged at least 16 to work under direct supervision of an immediate-family private applicator. This is a change within one EPA proceeding, not independent evidence of fewer injuries. [2016-30332][2015-19988]

The family exception excludes fumigants, sodium cyanide, sodium fluoroacetate and aerial application. It does not waive the other qualification or supervision requirements. Under the final provisions, supervisors must supply understandable instructions specific to the pesticide and site and ensure labeling-required protective equipment is available, in working condition and used correctly. Those duties identify where responsibility lies before an application begins. [2016-30332]

The scope is restricted-use pesticides, not every pesticide or every farm job. EPA originally specified March 6, 2017 effectiveness, while providing a separate transition for certification plans: existing plans continue for three years, and timely amendments can preserve them pending review for up to two more, absent an authorized extension. Implementation is set in EPA's approval. Publication therefore did not mean immediate nationwide compliance with the revised system. [2016-30332]

Source documents

  1. Pesticides; Certification of Pesticide Applicatorshttps://www.govinfo.gov/content/pkg/FR-2017-01-04/html/2016-30332.htm
  2. Pesticides; Certification of Pesticide Applicatorshttps://www.govinfo.gov/content/pkg/FR-2015-08-24/html/2015-19988.htm