EPA ICR No. 0155.09                                       OMB Control
No. 2070-0029

ATTACHMENT B

Section 11 of the Federal Insecticide, Fungicide, and Rodenticide Act

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.

