cfr_sections
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14 rows where part_number = 171 and title_number = 40 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 40:40:26.0.1.1.20.1.19.1 | 40 | Protection of Environment | I | E | 171 | PART 171—CERTIFICATION OF PESTICIDE APPLICATORS | A | Subpart A—General Provisions | § 171.1 Scope. | EPA | [82 FR 1028, Jan. 4, 2017] | (a) This part establishes Federal standards for the certification and recertification of applicators of restricted use pesticides, and requirements for pesticide applicator certification plans administered by State, Tribal, and Federal agencies. The standards address the requirements for certification and recertification of applicators using restricted use pesticides, requirements for certified applicators supervising the use of restricted use pesticides by noncertified applicators, and requirements for noncertified persons using restricted use pesticides under the direct supervision of a certified applicator. (b) A person is a certified applicator for purposes of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), 7 U.S.C. 136 et seq., only if the person holds a certification issued pursuant to a plan approved in accordance with this part and currently valid in the pertinent jurisdiction. As provided in FIFRA section 12(a)(2)(F), it is unlawful for any person to make available for use or to use any pesticide classified for restricted use other than in accordance with the requirements of this part. | |||
| 40:40:26.0.1.1.20.1.19.2 | 40 | Protection of Environment | I | E | 171 | PART 171—CERTIFICATION OF PESTICIDE APPLICATORS | A | Subpart A—General Provisions | § 171.3 Definitions. | EPA | [82 FR 1028, Jan. 4, 2017] | Terms used in this part have the same meanings they have in FIFRA and 40 CFR part 152. In addition, the following terms have the meaning specified in this section when used in this part: Agricultural commodity means any plant, fungus, or algae, or part thereof, or any animal or animal product, produced by a person (including, but not limited to, farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters, or other comparable persons) primarily for sale, consumption, propagation, or other use by man or animals. Agency means the U.S. Environmental Protection Agency (EPA), unless otherwise specified. Application and applying means the dispersal of a pesticide on, in, at, or directed toward a target site. Applicator means any individual using a restricted use pesticide. An applicator may be certified as a commercial or private applicator as defined in FIFRA or may be a noncertified applicator as defined in this part. Calibration means measurement of dispersal or output of application equipment and adjustment of such equipment to establish a specific rate of dispersal and, if applicable, droplet or particle size of a pesticide, and/or equalized dispersal pattern. Certification means a certifying authority's issuance, pursuant to this part, of authorization to a person to use or supervise the use of restricted use pesticides. Certifying authority means the Agency, or a State, Tribal, or Federal agency that issues restricted use pesticide applicator certifications pursuant to a certification plan approved by the Agency under this part. Compatibility means the extent to which a pesticide can be combined with other chemicals without causing undesirable results. Competency means having the practical knowledge, skills, experience, and judgment necessary to perform functions associated with restricted use pesticide application without causing unreasonable adverse effects, where the nature and degree of competency required relate direc… | |||
| 40:40:26.0.1.1.20.1.19.3 | 40 | Protection of Environment | I | E | 171 | PART 171—CERTIFICATION OF PESTICIDE APPLICATORS | A | Subpart A—General Provisions | § 171.5 Effective date. | EPA | [82 FR 1029, Jan. 4, 2017, as amended at 86 FR 71838, Dec. 20, 2021; 87 FR 50965, Aug. 19, 2022] | (a) This part is effective March 6, 2017. Certification plans approved by EPA before the effective date remain approved except as provided in §§ 171.5(b)-(d) and 171.309. (b) Status of certification plans approved before effective date. A certification plan approved by EPA before March 6, 2017 remains approved until March 4, 2020, except as provided in paragraph (c) of this section and § 171.309. (c) Extension of an existing plan during EPA review of proposed revisions. If by March 4, 2020, a certifying authority has submitted to EPA a proposed modification of its certification plan pursuant to subpart D of this part, its certification plan approved by EPA before March 6, 2017 will remain in effect until EPA has approved or rejected the modified plan pursuant to § 171.309(a)(4) or November 4, 2023, whichever is earlier, except as provided in paragraph (d) of this section and § 171.309(b). (d) Extension of an existing plan after EPA has approved a revised plan. Where EPA has approved a certifying authority's modified certification plan pursuant to § 171.309(a)(4), the certification plan approved by EPA before March 6, 2017 shall remain in effect as specified in EPA's approval of the modified certification plan. (e) States, Tribes, or Federal agencies that do not have an EPA-approved certification plan in effect may submit to EPA for review and approval a certification plan that meets or exceeds all of the applicable requirements of this part any time. | |||
| 40:40:26.0.1.1.20.2.19.1 | 40 | Protection of Environment | I | E | 171 | PART 171—CERTIFICATION OF PESTICIDE APPLICATORS | B | Subpart B—Certification Requirements for Applicators of Restricted Use Pesticides | § 171.101 Commercial applicator certification categories. | EPA | Certification categories. Categories of commercial applicators using or supervising the use of restricted use pesticides are identified below. (a) Agricultural pest control —(1) Crop pest control. This category applies to commercial applicators who use or supervise the use of restricted use pesticides in production of agricultural commodities, including but not limited to grains, vegetables, small fruits, tree fruits, peanuts, tree nuts, tobacco, cotton, feed and forage crops including grasslands, and non-crop agricultural lands. (2) Livestock pest control. This category applies to commercial applicators who use or supervise the use of restricted use pesticides on animals or to places on or in which animals are confined. Certification in this category alone is not sufficient to authorize the purchase, use, or supervision of use of products for predator control listed in paragraphs (k) and (l) of this section. (b) Forest pest control. This category applies to commercial applicators who use or supervise the use of restricted use pesticides in forests, forest nurseries and forest seed production. (c) Ornamental and turf pest control. This category applies to commercial applicators who use or supervise the use of restricted use pesticides to control pests in the maintenance and production of ornamental plants and turf. (d) Seed treatment. This category applies to commercial applicators using or supervising the use of restricted use pesticides on seeds in seed treatment facilities. (e) Aquatic pest control. This category applies to commercial applicators who use or supervise the use of any restricted use pesticide purposefully applied to standing or running water, excluding applicators engaged in public health related activities included in as specified in paragraph (h) of this section. (f) Right-of-way pest control. This category applies to commercial applicators who use or supervise the use of restricted use pesticides in the maintenance of roadsides, powerlines, pipelines, and railway rights-… | ||||
| 40:40:26.0.1.1.20.2.19.2 | 40 | Protection of Environment | I | E | 171 | PART 171—CERTIFICATION OF PESTICIDE APPLICATORS | B | Subpart B—Certification Requirements for Applicators of Restricted Use Pesticides | § 171.103 Standards for certification of commercial applicators. | EPA | (a) Determination of competency. To be determined to have the necessary competency in the use and handling of restricted use pesticides by a State, Tribe, or Federal agency, a commercial applicator must receive a passing score on a written examination that meets the standards specified in paragraph (a)(2) of this section and any related performance testing that is required by the State, Tribe, or Federal agency. Examinations and any alternate methods employed by the certifying authority to determine applicator competency must include the core standards applicable to all categories (paragraph (c) of this section) and the standards applicable to each category in which an applicator seeks certification (paragraph (d) of this section). Certification processes must meet all of the following criteria: (1) Commercial applicator minimum age. A commercial applicator must be at least 18 years old. (2) Examination standards. The certifying authority must ensure that examinations conform to all of the following standards: (i) The examination must be presented and answered in writing. (ii) The examination must be proctored by an individual designated by the certifying authority and who is not seeking certification at any examination session that he or she is proctoring. (iii) Each person seeking certification must present at the time of examination valid, government-issued photo identification or other form of similarly reliable identification authorized by the certifying authority as proof of identity and age to be eligible for certification. (iv) Candidates must be monitored throughout the examination period. (v) Candidates must be instructed in examination procedures before beginning the examination. (vi) Examinations must be kept secure before, during, and after the examination period so that only the candidates have access to the examination, and candidates have access only in the presence of the proctor. (vii) Candidates must not have verbal or non-verbal communication with anyone other than the proctor d… | ||||
| 40:40:26.0.1.1.20.2.19.3 | 40 | Protection of Environment | I | E | 171 | PART 171—CERTIFICATION OF PESTICIDE APPLICATORS | B | Subpart B—Certification Requirements for Applicators of Restricted Use Pesticides | § 171.105 Standards for certification of private applicators. | EPA | (a) General private applicator certification. Before using or supervising the use of a restricted use pesticide as a private applicator, a person must be certified by an appropriate certifying authority as having the necessary competency to use restricted use pesticides for pest control in the production of agricultural commodities, which includes the ability to read and understand pesticide labeling. Certification in this general private applicator certification category alone is not sufficient to authorize the purchase, use, or supervision of use of the restricted use pesticide products in the categories listed in paragraphs (b) through (f) of this section. Persons seeking certification as private applicators must demonstrate practical knowledge of the principles and practices of pest control associated with the production of agricultural commodities and effective use of restricted use pesticides, including all of the following: (1) Label and labeling comprehension. Familiarity with pesticide labels and labeling and their functions, including all of the following: (i) The general format and terminology of pesticide labels and labeling. (ii) Understanding instructions, warnings, terms, symbols, and other information commonly appearing on pesticide labels and labeling. (iii) Understanding that it is a violation of Federal law to use any registered pesticide in a manner inconsistent with its labeling. (iv) Understanding when a certified applicator must be physically present at the site of the application based on labeling requirements. (v) Understanding labeling requirements for supervising noncertified applicators working under the direct supervision of a certified applicator. (vi) Understanding that applicators must comply with all use restrictions and directions for use contained in pesticide labels and labeling, including being certified in the appropriate category to use restricted use pesticides for fumigation or aerial application, or predator control devices containing sodium cyanide or sodium f… | ||||
| 40:40:26.0.1.1.20.2.19.4 | 40 | Protection of Environment | I | E | 171 | PART 171—CERTIFICATION OF PESTICIDE APPLICATORS | B | Subpart B—Certification Requirements for Applicators of Restricted Use Pesticides | § 171.107 Standards for recertification of certified applicators. | EPA | (a) Maintenance of continued competency. Each commercial and private applicator certification shall expire five years after issuance, unless the applicator is recertified in accordance with this section. A certifying authority may establish a shorter certification period. In order for a certified applicator's certification to continue without interruption, the certified applicator must be recertified under this section before the expiration of his or her current certification. (b) Process for recertification. Minimum standards for recertification by written examination, or through continuing education programs, are as follows: (1) Written examination. A certified applicator may be found eligible for recertification upon passing a written examination approved by the certifying authority and that is designed to evaluate whether the certified applicator demonstrates the level of competency required by § 171.103 for commercial applicators or § 171.105 for private applicators. The examination shall conform to the applicable standards for examinations set forth in § 171.103(a)(2) of this part. (2) Continuing education programs. A certified applicator may be found eligible for recertification upon successfully completing a continuing education program pursuant to the certifying authority's EPA-approved certification plan. (i) The quantity, content, and quality of a continuing education program to maintain applicator certification must be sufficient to ensure the applicator continues to demonstrate the level of competency required by § 171.103 for commercial applicators or § 171.105 for private applicators. (ii) Any continuing education course or event relied upon for applicator recertification must be approved by the certifying authority as being suitable for its purpose in the certifying authority's recertification process. (iii) A certifying authority must ensure that any continuing education course or event, including an online or other distance education course or event, relied upon for applicator rece… | ||||
| 40:40:26.0.1.1.20.3.19.1 | 40 | Protection of Environment | I | E | 171 | PART 171—CERTIFICATION OF PESTICIDE APPLICATORS | C | Subpart C—Supervision of Noncertified Applicators | § 171.201 Requirements for direct supervision of noncertified applicators by certified applicators. | EPA | (a) Applicability. This section applies to any certified applicator who allows or relies on a noncertified applicator to use a restricted use pesticide under the certified applicator's direct supervision. (b) General requirements. (1) Requirements for the certified applicator. (i) The certified applicator must have a practical knowledge of applicable Federal, State and Tribal supervisory requirements, including any requirements on the product label and labeling, regarding the use of restricted use pesticides by noncertified applicators. (ii) The certified applicator must be certified in each category as set forth in §§ 171.101 and 171.105(a) through (f) applicable to the supervised pesticide use. (2) Requirements for the noncertified applicator. The certified applicator must ensure that each noncertified applicator using a restricted use pesticide under his or her direct supervision meets all of the following requirements before using a restricted use pesticide: (i) The noncertified applicator has satisfied the qualification requirements under paragraph (c) of this section. (ii) The noncertified applicator has been instructed within the last 12 months in the safe operation of any equipment he or she will use for mixing, loading, transferring, or applying pesticides. (iii) The noncertified applicator has met the minimum age required to use restricted use pesticides under the supervision of a certified applicator. A noncertified applicator must be at least 18 years old, except that a noncertified applicator must be at least 16 years old if all of the following requirements are met: (A) The noncertified applicator is using the restricted use pesticide under the direct supervision of a private applicator who is an immediate family member. (B) The restricted use pesticide is not a fumigant, sodium cyanide, or sodium fluoroacetate. (C) The noncertified applicator is not applying the restricted use pesticide aerially. (3) Use-specific conditions that must be met in order for a noncertified applicator to u… | ||||
| 40:40:26.0.1.1.20.4.19.1 | 40 | Protection of Environment | I | E | 171 | PART 171—CERTIFICATION OF PESTICIDE APPLICATORS | D | Subpart D—Certification Plans | § 171.301 General. | EPA | (a) Jurisdiction. A certification issued under a particular certifying authority's certification plan is only valid within the geographical area specified in the certification plan approved by the Agency. | ||||
| 40:40:26.0.1.1.20.4.19.2 | 40 | Protection of Environment | I | E | 171 | PART 171—CERTIFICATION OF PESTICIDE APPLICATORS | D | Subpart D—Certification Plans | § 171.303 Requirements for State certification plans. | EPA | (a) Conformance with Federal standards for certification of applicators of restricted use pesticides. A State may certify applicators of restricted use pesticides only in accordance with a State certification plan approved by the Agency. The State certification plan must meet all of the following requirements: (1) The State certification plan must include a full description of the proposed process the State will use to assess applicator competency to use or supervise the use of restricted use pesticides in the State. (2) The State certification plan must specify which of the certification categories listed in § 171.101 will be included in the plan. (i) A State certification plan may omit any unneeded certification categories. (ii) A State certification plan may designate subcategories within the categories described in §§ 171.101 and 171.105(b) through (f) as it deems necessary. (iii) A State certification plan may include additional certification categories not covered by the existing Federal categories described in §§ 171.101 and 171.105(b)-(f). (iv) A State certification plan may combine the categories described in § 171.101(m) through (n) into a single general fumigation category for commercial applicators. (v) A State certification plan may combine the categories described in § 171.105(d) through (e) into a single general fumigation category for private applicators. (3) For each of the categories adopted pursuant to paragraph (b)(1) of this section, the State certification plan must include standards for the certification of applicators of restricted use pesticides that meet or exceed those standards prescribed by the Agency under §§ 171.101 through 171.105, except as provided in paragraph (a)(4) of this section. (4) A State may adopt a limited use category for commercial applicators. A limited use category covers a small number of commercial applicators engaged in a use that does not clearly fit within any of the commercial applicator categories specified pursuant to paragraph (b)(2) of this sect… | ||||
| 40:40:26.0.1.1.20.4.19.3 | 40 | Protection of Environment | I | E | 171 | PART 171—CERTIFICATION OF PESTICIDE APPLICATORS | D | Subpart D—Certification Plans | § 171.305 Requirements for Federal agency certification plans. | EPA | (a) A Federal agency may certify applicators of restricted use pesticides only in accordance with a Federal agency certification plan approved by the Agency. Certification must be limited to the employees of the Federal agency covered by the certification plan and will be valid only for those uses of restricted use pesticides conducted in the performance of the employees' official duties. (1) The Federal agency certification plan must include a full description of the proposed process the Federal agency will use to assess applicator competency to use or supervise the use of restricted use pesticides. (2) Employees certified by the Federal agency must meet the standards for commercial applicators. (3) The Federal agency certification plan must list and describe the categories of certification from the certification categories listed in § 171.101 that will be included in the plan except that: (i) A Federal agency certification plan may omit any unneeded certification categories. (ii) A Federal agency certification plan may designate subcategories within the categories described in § 171.101 as it deems necessary. (iii) A Federal agency certification plan may include additional certification categories not covered by the existing Federal categories described in § 171.101. (iv) A Federal agency certification plan may combine the categories described in § 171.101(m) through (n) into a single general fumigation category for commercial applicators. (4) For each of the categories adopted pursuant to paragraph (b)(1) of this section, the Federal agency plan must include standards for the certification of applicators of restricted use pesticides that meet or exceed those standards prescribed by the Agency under §§ 171.101 through 171.103, except as provided at paragraph (a)(5) of this section. (5) A Federal agency may adopt a limited use category for commercial applicators. A limited use category covers a small number of applicators engaged in a use that does not clearly fit within any of the categories in § 171.1… | ||||
| 40:40:26.0.1.1.20.4.19.4 | 40 | Protection of Environment | I | E | 171 | PART 171—CERTIFICATION OF PESTICIDE APPLICATORS | D | Subpart D—Certification Plans | § 171.307 Certification of applicators in Indian country. | EPA | All applicators of restricted use pesticides in Indian country must hold a certification valid in that area of Indian country, or be working under the direct supervision of a certified applicator whose certification is valid in that area of Indian country. An Indian Tribe may certify applicators of restricted use pesticides in Indian country only pursuant to a certification plan approved by the Agency that meets the requirements of paragraph (a) or (b) of this section. The Agency may implement a Federal certification plan, pursuant to paragraph (c) of this section and § 171.311, for an area of Indian country not covered by an approved plan. (a) An Indian Tribe may choose to allow persons holding currently valid certifications issued under one or more specified State, Tribal, or Federal agency certification plans to use restricted use pesticides within the Tribe's Indian country. (1) A certification plan under paragraph (a) of this section must consist of a written agreement between the Tribe and the relevant EPA Region(s) that contains all of the following information: (i) A detailed map or legal description of the area(s) of Indian country covered by the plan. (ii) A listing of the State(s), Tribe(s) or Federal agency(ies) upon whose certifications the Tribe will rely. (iii) A description of any Tribal law, regulation, or code relating to application of restricted use pesticides in the covered area of Indian country, including a citation to each applicable Tribal law, regulation, or code. (iv) A description of the procedures and relevant authorities for carrying out compliance monitoring under and enforcement of the plan, including all of the following: (A) A description of the Agency and Tribal roles and procedures for conducting inspections. (B) A description of the Agency and Tribal roles and procedures for handling case development and enforcement actions and actions on certifications, including procedures for exchange of information. (C) A description of the Agency and Tribal roles and procedures f… | ||||
| 40:40:26.0.1.1.20.4.19.5 | 40 | Protection of Environment | I | E | 171 | PART 171—CERTIFICATION OF PESTICIDE APPLICATORS | D | Subpart D—Certification Plans | § 171.309 Modification and withdrawal of approval of certification plans. | EPA | (a) Modifications to approved certification plans. A State, Tribe, or Federal agency may make modifications to its approved certification plan, provided that all of the following conditions are met: (1) Determination of plan compliance. Before modifying an approved certification plan, the State, Tribe, or Federal agency must determine that the proposed modifications will not impair the certification plan's compliance with the requirements of this part or any other Federal laws or regulations. (2) Requirement for Agency notification. The State, Tribe, or Federal agency must notify the Agency of any plan modifications within 90 days after the final State, Tribal, or Federal agency plan modifications become effective or when it submits its required annual report to the Agency, whichever occurs first. (3) Additional requirements for substantial modifications to approved certification plans. Before making any substantial modifications to an approved certification plan, the State, Tribe or Federal agency must consult with the Agency and obtain Agency approval of the proposed modifications. Substantial modifications include the following: (i) Addition or deletion of a mechanism for certification and/or recertification. (ii) Establishment of a new private applicator category, private applicator subcategory, commercial applicator category, or commercial applicator subcategory. (iii) Any other changes that the Agency has notified the State, Tribal or Federal agency that the Agency considers to be substantial modifications. (4) Agency decision. The Agency shall make a written determination regarding the modified certification plan's compliance with the requirements of this part. The Agency shall give the certifying authority submitting a certification plan notice and opportunity for an informal hearing before rejecting the plan. The Agency's approval may be subject to reasonable terms and conditions. If the Agency approves modifications to a certification plan, that approval shall specify a schedule for imp… | ||||
| 40:40:26.0.1.1.20.4.19.6 | 40 | Protection of Environment | I | E | 171 | PART 171—CERTIFICATION OF PESTICIDE APPLICATORS | D | Subpart D—Certification Plans | § 171.311 EPA-administered applicator certification programs. | EPA | (a) Applicability. This section applies in any State or area of Indian country where there is no approved State or Tribal certification plan in effect. (b) Certification requirement. In any State or area of Indian country where EPA administers a certification plan, any person who uses or supervises the use of any restricted use pesticide must meet one of the following criteria: (1) A commercial applicator must be certified in each category and subcategory, if any, as described in the EPA-administered plan, for which the applicator is applying or supervising the application of restricted use pesticides. (2) A private applicator must be certified in each category and subcategory, if any, as described in the EPA-administered plan, for which the applicator is applying or supervising the application of restricted use pesticides. (3) A noncertified applicator may only use a restricted use pesticide under the direct supervision of an applicator certified under the EPA-administered plan, in accordance with the requirements in § 171.201, and only for uses in categories authorized by that certified applicator's certification. (c) Implementation of EPA-administered plans in States. (1) In any State where this section is applicable, the Agency, in consultation with the Governor, may implement an EPA-administered plan for the certification of applicators of restricted use pesticides. (2) Such a plan will meet the applicable requirements of § 171.303. Prior to the implementation of the plan, the Agency will publish in the Federal Register for review and comment a summary of the proposed EPA-administered plan for the certification of applicators and will generally make available copies of the proposed plan within the State. The summary will include all of the following: (i) An outline of the proposed procedures and requirements for private and commercial applicator certification and recertification. (ii) A description of the proposed categories and subcategories for certification. (iii) A description of any p… |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);