CHAPTER Pes 400 CONTINUED STATUS

Statutory Authority: RSA 430:31

PART Pes 401 LICENSE RENEWALS AND REVOCATIONS

Pes 401.01 Renewals, Delinquent Renewals, and Retesting.

(a) Any person holding a current license, permit, or certificate may renew such license, permit, or certificate for the next year without taking another examination provided the following is submitted to the division:

(1) “Renewal of Pesticide Registration or Permit Form” with the information required by RSA 430:34;

(2) Proof of financial responsibility pursuant to Pes 302.03;

(3) Report of pesticides used for the preceding year required by Pes 901.03 or Pes 901.04; and

(4) Registration fee established by RSA 430:33.

(b) An examination shall be required for any additional categories or classifications requested by the applicant but not held by the applicant the previous year.

(c) Every fifth year of renewal, holders of commercial applicator or commercial applicator not for hire registrations or licenses, and holders of private applicator restricted use permits shall provide proof of compliance with the recertification requirements set forth in Pes 402.01 and Pes 402.02.

(d) If a license, permit, or certificate is not renewed by June 1 of each year then such licensee, permittee, or certificate holder shall be required to take another exam pursuant to Pes 302.02 and Pes 305.04.

Source. #591, eff 11-20-74; ss by #2209, eff 12-13-82; ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #6258, eff 5-30-96; ss by #8059, eff 5-30-04; ss by #10198-B, eff 10-3-12; ss by #13363, eff 6-1-22, EXPIRES: 6-1-32

Pes 401.02 Denials, Revocations, and Modifications.

(a) The division shall deny certification, license, or a permit if the applicant:

(1) Is found to be unqualified to apply or distribute pesticides as established by RSA 430:33 I and II, and RSA 430:35; or

(2) Has not met the competency requirements under Pes 300.

(b) The division, after a hearing, shall revoke or deny certification, license, or a permit if it finds that the holder or applicant has:

(1) Engaged in fraudulent business practices in the application of pesticides;

(2) Committed violations of RSA 430:28-50 or these rules with flagrant disregard for such statute, rules, or both;

(3) Been found to have been a habitual violator of RSA 430:28-50 or these rules;

(4) Committed violations, the gravity of which has a significant impact on public health, the environment, or both;

(5) Committed violations which indicate a lack of competence including a lack of knowledge of RSA 430:28-50 and these rules;

(6) Been convicted of a violation of the Federal Insecticide, Fungicide, and Rodenticide Act or is subject to a final order imposing a civil penalty under section 14 of said Act or under RSA 430:45, II; or

(7) Made any application in a negligent manner so as to:

a. Harm or pose a threat of harm to human health, domestic animals, wildlife, or the environment; or

b. Render the pesticide applied ineffective for its intended use.

(c) Notwithstanding (b) above, the division, after a hearing, shall suspend certification, a license, or permit if it finds that the holder has violated RSA 430:28-50, Pes 100-1100, or both, if:

(1) There is not a history of repeated violations;

(2) The violations under (b)(2) above were not flagrant or with disregard for RSA 430:28-50 or these rules;

(3) The violations committed did not have an impact on public health or the environment; and

(4) The violations were not a result of lack of competency.

(d) Notwithstanding (b) and (c) above, the division, after a hearing, shall modify certification, a license, or permit if:

(1) It finds that the holder of these documents has committed violations pursuant to (c) above;

(2) The violations were not intentional; and

(3) Modification of the license, permit, or certification is deemed appropriate to bring the person into compliance.

Source. #1058.7, eff 11-22-77; ss by #2209, eff 12-13-82; ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #6258, eff 5-30-96; ss by #8059, eff 5-30-04; ss by #10198-B, eff 10-3-12; ss by #13363, eff 6-1-22, EXPIRES: 6-1-32

PART Pes 402 CONTINUING EDUCATION

Pes 402.01 Commercial Applicators.

(a) Commercial applicators shall recertify pursuant to Pes 402.01(o) by either attending seminars which have been approved by the division pursuant to (h) below and which shall be known as "division of pesticide control approved seminars" or by retaking the examinations as provided under Pes 304, during the last year of their recertification cycle.

(b) The university of New Hampshire cooperative extension, industry groups, pesticide manufacturers, and others may hold recertification seminars for commercial applicators.

(c) Seminars, held either in-state or out-of-state, shall provide educational opportunities on any or all the following subjects;

(1) Application methods;

(2) Pest control methods in the commercial applicator’s category of registration;

(3) Developments in equipment;

(4) Laws and rules;

(5) Precautionary techniques used in the safeguard of the environment;

(6) Any other information related to technology pertaining to pesticide application; and

(7) Current or emerging pests.

(d) Requests for approval of seminars for recertification credit shall be submitted to the division:

(1) No less than 30 days in advance of the seminar; or

(2) At a time less than 30 days in advance of the seminar where circumstances would necessitate a shorter lead time, including:

a. Matters related to public health and safety;

b. Matters related to invasive species;

c. Matters related to outbreaks of insects or diseases; or

d. Other circumstances that, in the judgment of the division, demand immediate attention.

(e) Requests for approval of seminars shall be made on a “Seminar Approval Request Form” provided by the division.

(f) An applicant for approval of a seminar shall provide the following information on or with the form:

(1) The seminar's title, date, and location;

(2) The seminar sponsor’s name, address, and phone number;

(3) An agenda for the seminar;

(4) Biographical sketches of speakers including qualifications pursuant to Pes 402.01(h)(5);

(5) A summary of the topics to be presented as specified in Pes 402.01(c);

(6) Whether the seminar is for commercial or private applicators; and

(7) The name, signature, and phone number of the contact person for the seminar sponsor.

(g) After review of the application, the division shall, within 21 days of receipt of the request for approval, notify the contact person, in writing, as to whether or not the seminar is approved and the number of credits granted.

(h) Seminars shall be approved if:

(1) The application form contains all of the information required by Pes 402.01(f);

(2) The application form is received by the division according to Pes 402.01(d);

(3) The subject matter will address topics listed in Pes 402.01(c);

(4) The seminar subject matter is specific to the categories of certification as provided in Pes 302.01, and

(5) The persons presenting the pertinent subject matter have qualifications relating to both the subject matter and the category of certification of the attendees, including:

a. Formal education with degrees or diplomas;

b. Research experience; or

c. Practical experience.

(i) The amount of credit granted for recertification seminars shall be determined by the time devoted to the subject matter under Pes 402.01(c) and the provisions of Pes 402.01(j).

(j) Credit shall be determined at the rate of one recertification credit for each hour of subject matter.

(k) The contact person, as identified pursuant to Pes 402.01(f), shall obtain a list of applicators in attendance at the seminar and shall send the list to the division within 10 days following the session.

(l) Upon completion of the seminar, the contact person, as identified pursuant to Pes 402.01(f), shall hand out certificates to currently certified applicators.

(m) The certificate shall include at least the following:

(1) The name and address of applicator;

(2) Name and date of seminar;

(3) Number of credits approved; and

(4) A place for signature of applicator.

(n) Applicators shall submit all certificates of attendance to the division at the end of each calendar year when renewing licenses or certificates of registration pursuant to Pes 401.

(o) Commercial applicators shall recertify by:

(1) Retaking the exams as provided under Pes 304; or

(2) Obtaining credits by attending division of pesticide control approved seminars as follows:

a. Credits are calculated in accordance with Pes 402.01(i);

b. Credits are obtained during the 5-year period ending December 31 of the applicant’s fifth year of certification;

c. The applicant has renewed his or her certification annually during said 5-year period; and

d. The applicant has accrued at least 12 credits per category in which he or she is certified, except that persons certified in 5 or more categories shall not be required to obtain more than 48 credits during this period.

(p) Applicators may attend recertification sessions during any year of the 5 year period as described in Pes 402.01(o).

(q) Applicators who add categories shall obtain all needed recertification credit in new categories by the end of the fifth year of the current recertification cycle.

(r) In lieu of attending these seminars, persons may retake the examinations as provided under Pes 304 during the fifth year of every consecutive 5 year period from date of original issuance of registration. A passing grade, as stated under Pes 304.08, shall be required prior to renewal of the license.

(s) The division shall deny credit for a recertification session if the application for recertification credits does not meet the deadline set forth in (d) above, the session does not fulfill the requirements upon which the original approval was based, or if the attendee was not present for the total seminar.

(t) Pursuant to Pes 402.01(a), recertification seminars approved by state lead agencies for pesticide regulation of states other than New Hampshire shall be considered to be approved by the division and, therefore, to be “division of pesticide control approved seminars.”

(u) Pursuant to (t) above, the division shall accept certificates of attendance as verification of attendance of such seminars by the person whose name appears on said certificates as the attendee provided that the certificate:

(1) Is produced by the state lead agency for pesticide regulation, or by the cooperative extension;

(2) Bears identification of the state lead agency or the cooperative extension; and

(3) Contains the following:

a. Name of attendee or applicator;

b. Name of seminar;

c. Date of seminar;

d. Number of credits approved;

e. Signature of attendee or applicator; and

f. Signature or stamp of seminar sponsor.

Source. #741 eff 1-18-76; amd by #1756, eff 5-26-81; ss by #2209, eff 12-13-82; ss by #2781, eff 7-26-84; rpld by #4029, eff 4-1-86; ss by #4867, eff 7-19-90; ss by #5701, eff 9-17-93; ss by #6258, eff 5-30-96; amd by #6455, eff 2-19-97; ss by #8059, eff 5-30-04; amd by #9924-A, eff 5-10-11; ss by #10198-B, eff 10-3-12; ss by #13363, eff 6-1-22, EXPIRES: 6-1-32

Pes 402.02 Private Applicators.

(a) Private applicators possessing permits for the use of restricted pesticides shall recertify pursuant to Pes 402.02(o) by either attending seminars which have been approved by the division pursuant to Pes 402.01 and which shall be known as “division of pesticide control approved seminars” or by passing an examination, as provided under Pes 305, administered during the last year of the applicator’s recertification cycle.

(b) The university of New Hampshire cooperative extension, industry groups, pesticide manufacturers, and others may hold recertification seminars for private applicators.

(c) Seminars, held either in-state or out-of-state, shall provide educational opportunities on any or all of the following subjects;

(1) Application techniques;

(2) Pest control methods in the applicator's particular commodity group;

(3) Developments in equipment;

(4) Laws and regulations;

(5) Precautionary techniques used in the safeguard of the environment;

(6) Any other information related to technology pertaining to pesticide application; and

(7) Current or emerging pests.

(d) Requests for approval of seminars for recertification credits shall be received by the division no less than 30 days in advance of the seminar.

(e) Requests for approval of seminars shall be made on forms provided by the division.

(f) Request forms shall contain the following information:

(1) The seminar's title, date and location;

(2) The seminar's sponsor and the name and phone number of contact person;

(3) An agenda for the seminar;

(4) Biographical sketches of speakers including qualifications pursuant to 402.02(h)(5); and

(5) A summary of the topics to be presented.

(h) Seminars shall be approved provided that:

(1) The application form contains all of the information required by Pes 402.02(f);

(2) The application form is received by the division according to Pes 402.02(d);

(3) The subject matter will address topics listed in Pes 402.02(c);

(4) The seminar subject matter is specific to the commodity group as provided in Pes 402.02 (s);

(5) The persons presenting the pertinent subject matter have qualifications relating to both the subject matter and the category of certification of the attendees, including:

a. Formal education with degrees or diplomas;

b. Research experience; or

c. Practical experience.

(i) The amount of credit granted for recertification seminars shall be determined by the time devoted to the subject matter under Pes 402.02(c) and the provisions of Pes 402.02(j).

(j) Credit shall be determined at the rate of one recertification credit for each hour of subject matter.

(k) The contact person, as identified pursuant to Pes 402.02(f), shall obtain a list of applicators in attendance at the seminar and shall send the list to the division within 10 days following the session.

(l) Upon completion of the seminar, the contact person, as identified pursuant to Pes 402.02(f), shall hand out certificates to currently certified applicators.

(m) The certificate shall include at least the following:

(1) The name and address of applicator;

(2) Name and date of seminar;

(3) Number of credits approved;

(4) Signature of applicator; and

(5) Signature or stamp of seminar sponsor.

(n) Applicators shall submit all certificates of attendance to the division at the end of each calendar year when renewing permits pursuant to Pes 401.

(o) Provided that the applicator has renewed his or her permit annually, the applicator shall be recertified by December 31 of his or her fifth year of recertification by obtaining 15 credits. Applicators lacking the total required credits shall retake the exams as provided under Pes 305 in order to renew the permit.

(p) Applicators may attend recertification sessions during any year of the 5 year period as described in Pes 402.02(o).

(q) In lieu of attending these seminars, persons may retake the examinations as provided in Pes 305 during the fifth year of every consecutive 5 year period from date of original issuance of permit. A passing grade of 60 shall be required prior to renewal of the permit.

(r) Applicators shall be required to have a total of 15 credits for each commodity group in which they were originally certified or permitted in order to recertify every fifth year as stated in Pes 402.02(o).

(s) Commodity groups pertaining to the agricultural commodity that an applicator is producing shall include the following:

(1) Christmas Tree (CT);

(2) Nursery (NS);

(3) Greenhouse (GH);

(4) Small Fruit (SF);

(5) Tree Fruit (TF);

(6) Beekeeper (BK);

(7) Poultry (PO);

(8) Dairy (DY);

(9) Vegetable (VG);

(10) Sod (SO); and

(11) Hemp (HM)

(t) The division shall deny credit for a recertification session if the application for recertification credits does not meet the deadline set forth in (d) above, the session does not fulfill the requirements upon which the original approval was based, or if the attendee was not present for the total seminar.

(u) Recertification pursuant to Pes 402.02 shall be completed and documented to the division by December 31 of the designated recertification year and prior to the renewal of the permit.

(v) Pursuant to Pes 402.01(a), recertification seminars approved by state lead agencies for pesticide regulation of states other than New Hampshire shall be considered to be approved by the division and, therefore, to be “division of pesticide control approved seminars.”

(w) Pursuant to (v) above, the division shall accept certificates of attendance as verification of attendance of such seminars by the person whose name appears on said certificates as the attendee provided that the certificate:

(1) Is produced by the state lead agency for pesticide regulation, or by the cooperative extension;

(2) Bears identification of the state lead agency or the cooperative extension; and

(3) Contains the following:

a. Name of attendee or applicator;

b. Name of seminar;

c. Date of seminar;

d. Number of credits approved; and

e. Signature of attendee or applicator.

Source. #741, eff 1-18-76; amd by #1756, eff 5-26-81; ss by #2209, eff 12-13-82; ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #5127, eff 4-29-91; ss by #5701, eff 9-17-93; ss by #6258, eff 5-30-96; amd by #6455, eff 2-19-97; ss by #8059, eff 5-30-04; ss by #10198-B, eff 10-3-12; ss by #13363, eff 6-1-22, EXPIRES: 6-1-32

PART Pes 403 ONGOING REQUIREMENTS

Pes 403.01 Supervisory Level Certificate of Registration. At least one employee at the supervisory or managerial level of each business entity applying pesticides commercially shall hold a supervisory level certificate of registration. If more than one supervisory office or district exists in the state for any one business entity, then at least one member of each such district shall hold a supervisory level certificate of registration.

Source. #150, eff 1-9-74; ss by #2209, eff 12-13-82; ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #6258, eff 5-30-96; ss by #8059, eff 5-30-04; ss by #10198-B, eff 10-3-12; ss by #13363, eff 6-1-22, EXPIRES: 6-1-32

Pes 403.02 Certification of Crew Members. At least one member of each crew shall be registered at either the operational or supervisory level and be present whenever and wherever a commercial application of pesticides is made in this state.

Pes 403.03 Periodic Inspections. By accepting registration certificates, licenses, permits, certification and other documents, the bearer shall agree to and understand that periodic inspections of pesticide application for enforcement purposes shall be made pursuant to RSA 430:42 and RSA 430:43.

Source. #1547, eff 3-13-80; ss by #2209, eff 12-13-82; ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #6258, eff 5-30-96; ss by #8059, eff 5-30-04; ss by #10198-B, eff 10-3-12; ss by #13363, eff 6-1-22, EXPIRES: 6-1-32

PART Pes 404 CEASE AND DESIST ORDERS

Pes 404.01 Order to Cease and Desist.

(a) When the division believes that a person is using or intending to use a pesticide in a manner which violates any of the provisions of RSA 430:28-50 or the administrative rules of the board, Pes 100 through 1100, the division shall order the person to cease and desist the use of the pesticide as mandated by RSA 430:42, II.

(b) Cease and desist orders shall be subject to the following provisions:

(1) A cease and desist order shall take effect immediately upon issuance and remain in effect until released by the division;

(2) Failure to comply shall result in revocation of any registration or permit issued under RSA 430:33 and shall subject the person to penalties set forth in RSA 430:45;

(3) Cease and desist orders shall be made in writing on a form prescribed by the division and shall include, but not be limited to, the following:

a. Date and time of order;

b. Name and address of person to whom the order has been issued;

c. Reason for issuance; and

d. Signature of the director;

(4) Cease and desist orders shall be issued and served through the mail or in the field after such decision has been made between the director and the inspector involved;

(5) A recipient of a cease and desist order may request a hearing before the division;

(6) Such request for a hearing shall:

a. Be in writing;

b. Be received within 10 days of issuance of the order; and

c. State the reasons for the request;

(7) The division shall hold a hearing, according to the procedures set forth in RSA 541-A:31-41 and Agr 200, on the request within 20 days of receiving it;

(8) The division shall rescind the order upon being satisfied, after investigation, hearing, or both, that the order has been complied with or that there was not justification for issuance of the order based on a challenge by the recipient;

(9) The order rescinding the cease and desist order shall be in writing; and

(10) Decisions rendered by the division pursuant to (8) above may be appealed to the board as provided under RSA 430:42, II.

Source. #10198-B, eff 10-3-12 (from Pes 205.01); ss by #13363, eff 6-1-22, EXPIRES: 6-1-32

APPENDIX

Rule	Statute Rule Intended to Implement
Pes 401.01	RSA 430:33, I, II and RSA 430:34
Pes 401.02	RSA 430:33, I, II, III and RSA 430:35
Pes 402.01	RSA 430:33, I
Pes 402.01(o)	RSA 430:31, IV (d),(n),(o)
Pes 402.02	RSA 430:33, I and RSA 430:34, IV
Pes 403.01 – Pes 403.02	RSA 430:33, I
Pes 403.03	RSA 430:42 and RSA 430:43
Pes 404.01	RSA 430:42, II