5-36-5. STANDARDS OF COMPETENCY FOR CERTIFICATION.

1. General Standards for Commercial Applicators. All commercial applicators, shall demonstrate knowledge of the following subjects:
   1. Label & Labeling Comprehension
      1. All certified applicators should be required to be familiar with the Tribal Pesticide Code.
      2. The general format and terminology of pesticide labels and labeling.
      3. The understanding of instructions, warnings, terms, symbols, and other information commonly appearing on pesticide labels.
      4. Classification of the product, general or restricted; and
      5. Necessity for use consistent with the label.
      6. Each applicator will be given a copy of the code before he/she is certified.
   2. Safety-Factors including:
      1. Pesticide toxicity and hazard to man and common exposure routes;
      2. Common types and causes of pesticide accidents;
      3. Precautions necessary to guard against injury to applicators;
      4. Need for and use of protective clothing and equipment;
      5. Symptoms of pesticide poisoning;
      6. First aid and other procedures to be followed in case of pesticide accident; and
      7. Proper identification, storage, transport, handling, mixing procedures and disposal, methods for pesticides and used pesticide containers, including precautions to be taken to prevent children from having access to pesticides and pesticide containers.
   3. Environment-The potential environmental consequences of the use and misuse of pesticides as may be influenced by such factors as:
      1. Weather and other climatic by such factors as;
      2. Types of terrain, soil, or other substrate;
      3. Presence of fish, wildlife, and other non-target organisms; and
      4. Drainage patterns.
   4. Pests-Factors such as:
      1. Common features of pest organisms and characteristics of damages needed for pest recognition;
      2. Recognition of relevant pests; and
      3. Pest development and biology as it may be relevant to problem identification and control.
   5. Pesticides-Factors such as:
      1. Types of pesticides;
      2. Types of formulations;
      3. Compatibility, synergism, persistence and animal and plant toxicity of the formulation;
      4. Hazards and residues associated with use;
      5. Factors which influence effectiveness or lead to such problems as resistance to pesticides; and
      6. Dilution procedures.
   6. Equipment-Factors including:
      1. Types of equipment and advantage and limitations of each type; and
      2. Uses, maintenance and calibration.
   7. Application Techniques-Factors including:
      1. Methods of procedure used to apply various formulations of pesticides, solutions, and gasses, together with a knowledge of which technique of application to use in a given situation.
   8. Laws and Regulations. Applicable State, Federal, and Tribal Laws and Regulations.
2. Category Specific Standards.
   1. Agricultural Pest Control
      1. Plants. Applicators must demonstrate practical knowledge of the crops grown and the specific pests of those crops on which they may be using restricted use pesticides. The importance of such competency is amplified by the extensive areas involved, the quantities of pesticides needed, and the ultimate use of many commodities as food and feed. Practical knowledge is required concerning soil and water problems, pre-harvest intervals, re-entry intervals, phytoxicity, and potential for environment contamination, non-target injury and community problems resulting for the use of restricted use pesticides in agricultural areas.
      2. Animal. Applicators applying pesticides directly to animals must demonstrate practical knowledge of such animals and their associated pests. A practical knowledge is also required concerning specific pesticide toxicity and residue potential, since most animals will frequently be used for food.
         Further, the applicator must know the relative hazards associated with such factors as formulation, application techniques, age of animals, stress, and extent of treatment.
   2. Forest Pest Control. Applicators shall demonstrate practical knowledge of the types of forests, forest nurseries, and seed production in their State and on the Reservation, and the pests involved. They should possess practical knowledge of the cyclic occurrence of certain pests and specific population dynamics as a basis for programming pesticide applications. A practical knowledge is required of the relative biotic agents and their vulnerability to the pesticides to be applied. Because forest stands may be large and frequently include natural aquatic habitats and harbor wildlife, the consequences of pesticide use may be difficult to assess. The applicator must therefore demonstrate practical knowledge of control methods which will minimize the possibility of secondary problems such as unintended effects on wildlife. Proper use of specialized equipment must be demonstrated especially as it may relate to meteorological factors and adjacent land use.
   3. Ornamental and Turf Pest Control. Applicators shall demonstrate practical knowledge of pesticide problems associated with the production and maintenance of ornamental trees, shrubs, plantings, and turf, including cognizance of potential phytoxicity due to a wide variety of plant material, drift, and persistence beyond the intended period of pest control. Because of the frequent proximity of human habitations to application activities, applicators in this category must demonstrate practical knowledge of application methods which will minimize or prevent hazards of humans, pets, and other domestic animals.
   4. Seed Treatment. Applicators shall demonstrate practical knowledge of types of seeds that require chemical protection against pests and factors such as seed coloration, carriers, and surface agents which influence pesticide binding and may affect germination. They must demonstrate practical knowledge of hazards associated with handling, sorting, and mixing, and misuse of treated seeds such as introduction of treated seed into food and feed channels, as well as proper disposal of unused treated seed.
   5. Aquatic Pest Control. Applicators shall demonstrate practical knowledge of the secondary effects which can be caused by improper application rates, incorrect formulations, and faculty applications restricted use pesticides used in this category. They shall demonstrate practical knowledge of various water use situations and the potential of downstream effects. Further, they must have practical knowledge concerning potential pesticide effects on plants, fish, birds, beneficial insects, and other organisms which may be present in aquatic environments. These applicators shall demonstrate practical knowledge of the principles of limited area application.
   6. Right-of-Way Pest Control. Applicators shall demonstrate practical knowledge of a wide variety of environments since right-of-ways can traverse many different terrains, including waterways. They shall demonstrate practical knowledge of problems on runoff, drift, and excessive foliage destruction and ability to recognize target organisms. They shall also demonstrate practical knowledge of the nature of herbicides and the need for containment of these pesticides within the right-of-way areas, and the impact of their application activities in the adjacent areas and communities.
   7. Industrial, Institutional, Structural and Health-Related Pest Control. Applicators must demonstrate a practical knowledge of a wide variety of pests including their life cycles, types of formulations appropriate for their control and methods of application that avoid contamination of food, damage and contamination of habitat and exposure to people and pets. Since human exposure, including babies, children, pregnant women, and elderly people, is frequently a potential problem, applicators must demonstrate practical knowledge of the specific factors which may lead to a hazardous condition, including continuous exposure in the various situations encountered in this category. Because health-related pest control may involve outdoor applications, applications must also determine practical knowledge of environmental conditions particularly related to this activity.
   8. Public Health Pest Control. Applicators shall demonstrate practical knowledge of vector-disease transmission as it relates to and influences application programs. A wide variety of pests is involved, and it is essential that they be known and recognized, and appropriate life cycles and habitats be understood as a basis for control strategy. These applicators shall have practical knowledge of a great variety of environments ranging from streams to those conditions found in buildings. They should also have practical knowledge of the importance and employment of such non-chemical control methods as sanitation, waste disposal, and drainage.
   9. Regulatory Pest Control. Applicators shall demonstrate practical knowledge of regulated pests, applicable laws relating to quarantine and other regulation of pests, and the potential impact on the environment of restricted use pesticides used in suppression and eradication programs. They shall demonstrate knowledge of factors influencing introduction, and spread and population dynamics of relevant pests. Their knowledge shall extend beyond that required by their immediate duties since their services are frequently required in other areas of the country where emergency measures are invoked to control regulated pests, and where individual judgments must be made in new situations.
   10. Research and Demonstration Pest Control. Persons demonstrating the safe and effective use of pesticides to other applicators and the public will be expected to meet comprehensive standards reflecting a broad spectrum of pesticide uses. Many different pest problem situations will be encountered in the course of activities associated with demonstration, and practical knowledge of problems, pest, and population levels occurring in each demonstration situation is required. Further, they should demonstrate an understanding of pesticide organism interaction and the importance of integrating pesticide use with other control methods. In general, it would be expected that applicators doing demonstration pest control work possess a practical knowledge of all the standards detailed in Section 171.4(b) of FIFRA regulations. In addition, they shall meet the specific standards required for categories 1 through 7 of this section as may be applicable to their particular activity.
       Persons conducting field research or method improvement work with restricted use pesticides should be expected to know the general standards detailed in 5-36-5A of this Code. In addition, they shall be expected to know the specific standards required for categories 1 through 9 and 11 of this section, applicable to their particular activity or alternately, to meet the more inclusive requirements listed under “Demonstration”.
   11. Rodents, Predator, and Bird Pest Control. Applicators must demonstrate a practical working knowledge of both the biological and behavioral patterns of target species and related non-target species. The importance of such knowledge is extreme in controlling rodents, predators, and birds, considering that in a rural environment many species of related non-target wildlife may occur in addition to target species. A practical knowledge of the toxicity of specific pesticides is required also because of the possibility of the carcass of the controlled species being consumed by non-target species.
3. Exemptions from Standards. The above standards do not apply to the following persons for purposes of this Code:
   1. Persons conducting laboratory type research involving restricting use pesticides; and
   2. Doctors of Medicine and Doctors of Veterinary Medicine applying pesticides as drugs or medicine during the course of their normal practice.
4. Standards of Competency for Private Applicators. All Private applicators shall demonstrate knowledge of the following subjects:
   1. All certified applicators should be required to be familiar with the Tribal Pesticide Code.
   2. Recognize common pests to be controlled and damage caused by them.
   3. Read and understand the label and labeling information-including the common name of pesticide he applied; pest(s) to be controlled; timing and methods of application; safety precautions; any preharvest or re-entry restrictions; and any specific disposal procedures.
   4. Apply pesticides in accordance with label instructions and warnings, including the ability under particular circumstances taking into account such factors as area to be covered, speed at which application equipment will be driven, and the quantity dispersed in a given period of operation.
   5. Recognize local environmental situations that must be considered during application to avoid contamination.
   6. Recognize poisoning symptoms and procedures to follow in case of a pesticide accident.
   7. Each applicator applicant will be given a copy of the code before he/she is certified.
5. Standards for Supervision of Non-Certified Applicators by Certified Private and Commercial Applicators.
   • Certified applicators whose activities indicate a supervisory role must demonstrate a practical knowledge of Federal, State, and Tribal supervisory requirements, including labeling, regarding the application of restricted use pesticides by non-certified applicators.
   • The availability of the certified applicator must be directly related to the hazard of the situation. In many situations, where the certified applicator is not required to be physically present, “direct supervision” shall include verifiable instruction to the competent person, as follows: (1) detailed guidance for applying the pesticide properly, and (2) provisions for contacting the certified applicator in the event he is needed. In other situations as required in the event he is needed. In other situations as required by the label, the actual physical presence of a certified applicator may be required when application is made by a non-certified applicator.