Section
11
of
the
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act
SEC.
11.
[
7
U.
S.
C.
136i]
USE
OF
RESTRICTED
USE
PESTICIDES;
APPLICATORS.
(
a)
CERTIFICATION
PROCEDURE. 
(
1)
FEDERAL
CERTIFICATION. 
In
any
State
for
which
a
State
plan
for
applicator
certification
has
not
been
approved
by
the
Administrator,
the
Administrator,
in
consultation
with
the
Governor
of
such
State,
shall
conduct
a
program
for
the
certification
of
applicators
of
pesticides.
Such
program
shall
conform
to
the
requirements
imposed
upon
the
States
under
the
provisions
of
subsection
(
a)(
2)
of
this
section
and
shall
not
require
private
applicators
to
take
any
examination
to
establish
competency
in
the
use
of
pesticides.
Prior
to
the
implementation
of
the
program,
the
Administrator
shall
publish
in
the
Federal
Register
for
review
and
comment
a
summary
of
the
Federal
plan
for
applicator
certification
and
shall
make
generally
available
within
the
State
copies
of
the
plan.
The
Administrator
shall
hold
public
hearings
at
one
or
more
locations
within
the
State
if
so
requested
by
the
Governor
of
such
State
during
the
thirty
days
following
publication
of
the
Federal
Register
notice
inviting
comment
on
the
Federal
plan.
The
hearings
shall
be
held
within
thirty
days
following
receipt
of
the
request
from
the
Governor.
In
any
State
in
which
the
Administrator
conducts
a
certification
program,
the
Administrator
may
require
any
person
engaging
in
the
commercial
application,
sale,
offering
for
sale,
holding
for
sale,
or
distribution
of
any
pesticide
one
or
more
uses
of
which
have
been
classified
for
restricted
use
to
maintain
such
records
and
submit
such
reports
concerning
the
commercial
application,
sale,
or
distribution
of
such
pesticide
as
the
Administrator
may
be
regulation
prescribe.
Subject
to
paragraph
(
2),
the
Administrator
shall
prescribe
standards
for
the
certification
of
applicators
of
pesticides.
Such
standards
shall
provide
that
to
be
certified,
an
individual
must
be
determined
to
be
competent
with
respect
to
the
use
and
handling
of
pesticides,
or
to
the
use
and
handling
of
the
pesticide
or
class
of
pesticides
covered
by
such
individual's
certification.
The
certification
standard
for
a
private
applicator
shall,
under
a
State
plan
submitted
for
approval,
be
deemed
fulfilled
by
the
applicator
completing
a
certification
form.
The
Administrator
shall
further
assure
that
such
form
contains
adequate
information
and
affirmations
to
carry
out
the
intent
of
this
Act,
and
may
include
in
the
form
an
affirmation
that
the
private
applicator
has
completed
a
training
program
approved
by
the
Administrator
so
long
as
the
program
does
not
require
the
private
applicator
to
take,
pursuant
to
a
requirement
prescribed
by
the
Administrator,
any
examination
to
establish
competency
in
the
use
of
the
pesticide.
The
Administrator
may
require
any
pesticide
dealer
participating
in
a
certification
program
to
be
licensed
under
a
State
licensing
program
approved
by
the
Administrator.
(
2)
STATE
CERTIFICATION. 
If
any
State,
at
any
time,
desires
to
certify
applicators
of
pesticides,
the
Governor
of
such
State
shall
submit
a
State
plan
for
such
purpose.
The
Administrator
shall
approve
the
plan
submitted
by
any
State,
or
any
modification
thereof,
if
such
plan
in
the
Administrator's
judgment 
(
A)
designates
a
State
agency
as
the
agency
responsible
for
administering
the
plan
throughout
the
State;
(
B)
contains
satisfactory
assurances
that
such
agency
has
or
will
have
the
legal
authority
and
qualified
personnel
necessary
to
carry
out
the
plan;
(
C)
gives
satisfactory
assurances
that
the
State
will
devote
adequate
funds
to
the
administration
of
the
plan;
(
D)
provides
that
the
State
agency
will
make
such
reports
to
the
Administrator
in
such
form
and
containing
such
information
as
the
Administrator
may
from
time
to
time
require;
and
(
E)
contains
satisfactory
assurances
that
State
standards
for
the
certification
of
applicators
of
pesticides
conform
with
those
standards
prescribed
by
the
Administrator
under
paragraph
(
1).
Any
State
certification
program
under
this
section
shall
be
maintained
in
accordance
with
the
State
plan
approved
under
this
section.
(
b)
STATE
PLANS. 
If
the
Administrator
rejects
a
plan
submitted
under
subsection
(
a)(
2),
the
Administrator
shall
afford
the
State
submitting
the
plan
due
notice
and
opportunity
for
hearing
before
so
doing.
If
the
Administrator
approves
a
plan
submitted
under
subsection
(
a)(
2),
then
such
State
shall
certify
applicators
of
pesticides
with
respect
to
such
State.
Whenever
the
Administrator
determines
that
a
State
is
not
administering
the
certification
program
in
accordance
with
the
plan
approved
under
this
section,
the
Administrator
shall
so
notify
the
State
and
provide
for
a
hearing
at
the
request
of
the
State,
and,
if
appropriate
corrective
action
is
not
taken
within
a
reasonable
time,
not
to
exceed
ninety
days,
the
Administrator
shall
withdraw
approval
of
such
plan.
(
c)
INSTRUCTION
IN
INTEGRATED
PEST
MANAGEMENT
TECHNIQUES. 
Standards
prescribed
by
the
Administrator
for
the
certification
of
applicators
of
pesticides
under
subsection
(
a),
and
the
State
plans
submitted
to
the
Administrator
under
subsection
(
a),
shall
include
provisions
for
making
instructional
materials
concerning
integrated
pest
management
techniques
available
to
individuals
at
their
request
in
accordance
with
the
provisions
of
section
23(
c)
of
this
Act,
but
such
plans
may
not
require
that
any
individual
receive
instruction
concerning
such
techniques
or
be
shown
to
be
competent
with
respect
to
the
use
of
such
techniques.
The
Administrator
and
States
implementing
such
plans
shall
provide
that
all
interested
individuals
are
notified
of
the
availability
of
such
instructional
materials.
(
d)
IN
GENERAL. 
No
regulations
prescribed
by
the
Administrator
for
carrying
out
the
provisions
of
this
Act
shall
require
any
private
applicator
to
maintain
any
records
or
file
any
reports
or
other
documents.
(
e)
SEPARATE
STANDARDS. 
When
establishing
or
approving
standards
for
licensing
or
certification,
the
Administrator
shall
establish
separate
standards
for
commercial
and
private
applicators.
