OPM Updates for 2012

Proposed changes to Statutes and Rules

Robert Tolton, Licensing SupervisorBrian Kennedy, InspectorArizona Department of AgricultureOffice of Pest Management

Former SPCC sunset in 2008 Created OPM (2008 to present) 2011 OPM moved to ADA with ADA ESD

Associate Director (Jack Peterson) becoming OPM “Acting Director”

Task Force established to evaluate regulations, personnel, organizational structure, etc.◦ Minutes of Task Force Meetings available on ADA

website (www.azda.gov)

A Brief History

OPM housed at ADA (1688 W. Adams) Status-quo for the time being (mostly) Task force held public meetings in 2011 &

2012 resulting in PROPOSED statutes/rules Task Force drafted legislative report

(available at ADA’s website) Legislative action in 2013 Phasing out current Core Manual Adding National Core Manual and National

Core Examination

Where are we now?

No longer performed on licensees without prior conviction (felonies and certain misdemeanors)◦ Reduces time for

licensing approval◦ Removes fingerprinting

requirement◦ Removes background

check fee Places responsibility on

business

Criminal Background Checks

OPM will no longer approve or disapprove (in most cases)

Must obtain name through Secretary of State or Arizona Corporation Commission

OPM will still prohibit names that are misleading (e.g. EPA Pest Control, etc.)

Changes business naming process

Continues OPM as a separate entity overseen by ADA Director

Creates “generalized” statutes with the details in the rules (i.e. modeled after ADA)

Maintains statutes in Title 32 (as opposed to placing OPM statutes into Title 3)

Modifies OPM funding mechanism Reduces some fees, but increases others Transfers (most) regulation of golf courses to ADA Adds limited pesticide use reporting requirement

(currently required of ADA licensees)

Proposed changes to statues and rules

Changes business naming process Aligns the regulation of political subdivisions more

closely to businesses Recordkeeping changes Exempts certain devices from licensing

requirements Provides numerous changes to licensing system Modifies “gardeners” exemption and places it in its

own rule

Proposed changes to statues and rules

Currently TARF fees provide bulk of operating expenses

Proposal reduces TARF fees

Creates applicator registration fee

Distributes OPM funding where larger businesses will pay a larger proportion

Proposal realigns OPM funding sources

Regulation transferred to ADA (A.R.S. title 3)

Pesticide applicator’s required to obtain ADA license◦ No QP or BL◦ Annual CE and renewal

requirements◦ Separate license for fumigation

and aquatics Applications at golf courses

performed by “for hire” companies regulated through OPM

Transfers Golf Course Regulation

To ascertain use patterns of pesticides detected in Arizona’s groundwater supply

Requires quarterly reporting of “soil applied pesticides” that appear on ADEQ’s groundwater protection list

“soil applied pesticides” include pesticides where the label requires or recommends irrigation within 72 hours.

Includes final grade treatments and post-construction exterior treatments (trench/rod)

Excludes treatments at or above grade or treatments to interior of footers/stem walls (pretreatment)

Adds limited pesticide use reporting (PUP)

County of use Product name/EPA # Amount applied Dates covered by the

report Business license # Maintain for 3 years

PUP-Information required

◦ Imidacloprid◦ Mecoprop (Trimec)◦ Diuron◦ Clopyralid (Transline,

etc)◦ Deltamethrin◦ Carfentrazone

(Speedzone)

Examples of pesticides on GWPL – 2011

www.azdeq.gov

Still require “certified applicators” Will add requirement for QP (not enforced until

01-2014) Exempt from business license requirement Applicators will have 90-days to become licensed Political subdivisions will have recordkeeping

requirements like businesses QP, with Director’s approval, can act as QP for

more than one PS Subject to pesticide storage/service vehicle

requirements

Political Subdivisions

Retention periods reduced to 3 years for all records

Extends recordkeeping and retention requirements to Political Subdivisions

Recordkeeping

Establishes minimum standards for “training records”◦ Date of training◦ Name/Signature of attendee◦ Name/Signature of trainer◦ Description of topic(s) covered◦ Copy of training materials (labels, etc.)

QP must maintain training records for 3 years after applicator’s employment ending date

Recordkeeping

Task Force subcommittee (minutes for 06-19-12 and 06-26-12 on ADA website)

Some regulated/some exempt Exempt include:

◦ Physical barriers used to remove or prevent infestation by pests;◦ Equipment used for the physical removal of pests or the habitat

of pests;◦ Mechanical equipment used for the physical removal of weeds

and other vegetation;◦ Mechanical traps used without a pesticide;◦ Installation equipment used for home improvement or

modifications;◦ Raptors used to control or relocate other birds; and◦ Fire arms.

Devices

Regulated include◦ Devices used with a

pesticide◦ Heat and other

devices, particularly those used in bedbug treatments

Devices

Person’s using EXEMPT devices, and not otherwise engaged in pest management, will be required to include “Not a Licensed Pest Control

Company” on all advertisements

Service record = Customer record Pretreatment warranty 5 years to 3 years Addition of ERP (i.e. Penalties) in rule Branch Manager responsibilities QP required at primary office every 14 days

and branch office every 120 days Exempts certified home inspectors who

document evidence of WDI (no WDIIR or treatment)

Miscellaneous Changes

Must be licensed to apply pesticides at Schools, child care facilities, health care institutions, food-handling establishments

Requires person’s using animals to assist in inspection/identification to be certified

QP responsible for ensuring BL provides evidence of financial responsibility to OPM

No more 1st Aid Kit requirement

Miscellaneous Changes

Changes category names and descriptions Changes some license names Changes some licensing requirements Eliminates “inactive licenses” Eliminates background investigations by

agency Changes CE requirements Changes fees Modifies exemptions

Proposed Licensing Changes

All licenses & registrations expire on May 31st

CA,CQA, & Business issued with an expiration in the following calendar year as an initial certification

Renewable for 1 or 2 years Establishes minimum age of18 Extends testing to 360 days Adds “Applicator Registration” Adds “Branch Supervisor Registration”

Proposed Licensing Changes

(1) Industrial and institutional

pest management in or about a residential or other structure excluding anti-microbial pest management, fungi inspection, or pest management covered by another certification category

A. Wood-destroying organism management: Includes inspection and treatment

B. Wood-destroying insect inspection: Includes inspecting for wood destroying insects only

C. Wood preservation: application of pesticides to wood not part of an existing structure to prevent/manage wood degradation by WDO’s (fungi/bacteria)

(2) Wood-Destroying Organism

Pest management, including weeds, in the maintenance of ornamental trees, shrubs, flowers, and turf by means other than use of a fumigant.

(3) Ornamental &Turf

Pest management of invertebrate pests, including weeds, in the maintenance of public roads, electric powerlines, pipelines, railway rights-of-way or other similar areas.

(4) Right-of-Way

(5) Aquaticpest management, including weeds, in standing or running water.

(6) Fumigation pest management using fumigants

License Name Changes Licensed applicator will become “Certified

Applicator” (again)◦ In line with FIFRA

Addition of “Certified Qualified Applicator”◦ A person who is eligible to act as a Qualifying

Party Maintain “Qualifying Party”

◦ The Certified Qualified Applicator designated by the business to be responsible for the training, supervising, equipping of applicators

Certified Qualified Applicator◦ Certification as applicator for 24 months;◦ Certification 1 year and 12 hours of related course

work;◦ A relevant Bachelor’s degree (AG science/Biology)

and 12 hours directly related to each category; or◦ 24 months experience in another State where

licensing wasn’t required.

Change of Licensing Requirements

All experience within 10 years

Cat. 2 (Wood-Destroying Organisms) requires

CQA inCat. 1 (Industrial &

Institutional)

Cat. 3 (Ornamental & Turf); or

Cat. 4 (Right-of-Way) requires

CQA inCat. 1 (Industrial & Institutional);

Cat. 2a (Wood-Destroying Organism Management);

Cat. 3 (Ornamental & Turf); orCat. 4 (Right-of-Way)

A Certified Qualified Applicator may broaden without experience by passing exam

Categories 5 and 6 requires experience and exam

Applicator Registration Prior to performing PM services an

applicator (licensed/unlicensed) must be registered

$25 per applicator ($0 for pol. subdivisions) Non-transferrable Renewable for1 or 2 years BL/QP responsible for compliance $150 penalty for each unregistered

applicator

Certified Applicator◦ 6 hours for 1 year or 12 for 2 years

Certified Qualified Applicator◦ 12 hours for 1 year or 24 for 2 years

CE valid for current certification period only No CE if attendee fails to complete course

Continuing Education Changes

Proposed FEES

•New = $100•Broaden = $50•Renewal = $100Certified Applicator•New = $200•Broaden = $150•Renewal = $200Certified Qualified Applicator

•Registration = $100•Broaden Registration = $50•Temporary Registration = $100•Temporary Renewal = $100

Qualifying Party

New = $300Renewal = $300 Branch Office Registration =

$100Renewal = $100

Branch Supervisor

Registration = $100

Renewal = $50

Applicator Registration =

$25Renewal = $25

Business

Proposed Fees

Proposed Fees Late Fees

◦ For Renewals is equal to the renewal fee◦ Example: if renewal = $100 then◦ Late renewal = $100 + $100 = $200

Handling Fee◦ The OPM will charge $10 for all paper

applications/renewals that could have been processed online

Fees reduced from$8 ($15 paper) to $2 ($8 paper)

Late fee is a fee equal to the original ($2 and $8 respectively)

No fee for Political Subdivisions

Proposed TARF fees

eTARF 30 DAYS LATE = $24.00UNDER PROPOSAL = $4.00

Placed as a standalone with its own rule

Similar to current exemption; however◦ Excludes use of pre-emergent herbicides◦ Limits application equipment to 4 gallons

(instead of 8)◦ Limits application to one person at a site◦ Prohibits advertising for weed

management services◦ Stipulates fines for failure to provide

record to customer◦ Stipulates fines for operating outside of

exemption

“Gardener’s” exemption

THANK YOU!

More information can be found at:www.azda.govwww.sb.state.az.us