Md. Code Regs. 15.05.01.03

Current through Register Vol. 51, No. 10, May 17, 2024

Section 15.05.01.03 - General Requirements for Licensees, Permittees, Certificate Holders, or Registered Employees

A. Licensing Requirements.

(1) A private applicator shall obtain a certificate as provided under Regulation .07 of this chapter.

(2) A pest control applicator, pest control consultant, or public agency applicator shall obtain a certificate as provided under Regulation .08 of this chapter.

(3) Each place of business performing pest control shall be licensed as provided under Regulation .10 of this chapter.

(4) A public agency performing pest control shall obtain a permit as provided under Regulation .11 of this chapter.

(5) A person who sells or distributes restricted use pesticides shall obtain a permit as provided under Regulation .13 of this chapter.

B. Transfer of Certificate, License, or Permit Prohibited. A certificate, license, or permit issued under this chapter may not be transferred to any person.

C. Safety and Precautionary Requirements. In addition to the requirements set forth in Regulation .02 of this chapter, a licensee, permit holder, certified applicator, or registered employee shall:

(1) Use an effective anti-siphon device or back-flow preventer on all hoses or lines used to fill or rinse pest control equipment, pesticide containers, or areas where pesticides are mixed, loaded, or stored;

(2) Make use of scientific training, practical experience, and commonly recognized pesticide industry guidelines or recommendations which do not conflict with this chapter, when inspecting for, or treating, pests;

(3) Consider recommended alternative pest control measures, such as mechanical, cultural, physical, biological, or chemical control;

(4) Use and provide each employee with personal protective equipment and applicable safety information as indicated on the pesticide label or as required by regulation;

(5) Immediately notify the Department by telephone of any pesticide accident, incident, fire, flood, or spill, and report to the Department the full details of the event, including any remediation taken; and

(6) Have available at the time and place of application a copy of the label for the pesticide being applied.

D. Notifying Department of Certain Business Changes. Each licensee, permit holder, certified applicator, or consultant immediately shall notify the Department in writing if there is any change in business ownership, name, address, or phone number.

E. Certified Applicator Requirement.

(1) Designated Person. A licensee or permit holder, except a dealer, shall designate an individual who is certified in those categories for which each place of business is licensed. This designated person may not serve as the certified individual for more than one place of business.

(2) Loss of Certified Applicator. A licensee or permit holder immediately shall notify the Department when a certified applicator is no longer employed.

F. Vehicle Identification Requirement. The pesticide business name and license number shall appear on each motor vehicle transporting pesticides or devices used in pest control. The license number, which shall be preceded by the abbreviation for the Maryland Department of Agriculture, namely, "MDA", and the business name, shall be:

(1) In bold print not less than 2 inches high; and

(2) Displayed on both sides of the vehicle.

G. Permitting Department to Sample and Inspect. A licensee or permittee shall permit the Department, upon presenting credentials, and at reasonable times, to sample any pesticide and inspect any:

(1) Device, container, product, apparatus, or equipment used, or intended for use, in pest control operations;

(2) Location from which pest control is conducted; and

(3) Pest control activity by a certified applicator or person under the applicator's supervision.

Md. Code Regs. 15.05.01.03

Regulation .03C, F amended effective April 10, 2006 (33:7 Md. R. 674)