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? about over and out

Discussion in 'Pesticide & Herbicide Application' started by MandT Lawn Care, Jan 20, 2004.

  1. MandT Lawn Care

    MandT Lawn Care LawnSite Member
    Posts: 50

    1. a customer of mine bought over and out for fire ants and asked me if i can spread it for her, she is an older lady (85) and is a good customer, do i need to have a license to do it for her?

    2. is there a license for limited pesticides like just fire ants?
  2. Grassmechanic

    Grassmechanic LawnSite Silver Member
    Posts: 2,697

    1. Yes

    2. No
  3. Scraper

    Scraper LawnSite Bronze Member
    Posts: 1,656

    And you know this how?

    M&T...wait for a person from Florida to answer like Ric. They will be able to give you a better answer than yes and no. Actually, I believe #1 would be no if she were to pay you, but I don't answer questions like these that aren't specific to my area.
  4. Mataman

    Mataman LawnSite Member
    Posts: 83

    you can put it out if the customer bought it w/o having any pesticide license and you can charge her, but you cannot advertise that you offer this service.
    It's in the YardMan Clause under some FL statue 486.xxx but I'd have to look it up.
    If you don't believe us, call your local county extention and they'll confirm this.
  5. rob1325

    rob1325 LawnSite Senior Member
    Posts: 685

    It depends on state EPA licensing laws. Here in CT I can do it as long it is on lawn areas and beds but not for indoor. Thats a different catagory license.
  6. Greg Amann

    Greg Amann LawnSite Member
    Posts: 161

    The answer to no. 1 is yes you have to be licensed.
    The answer to no. 2 is no. There is no such license for insects in turf. Read on to find what you can do to legally apply products in ornamental beds.
    Following is an explanation:

    482.156 Limited certification for commercial landscape maintenance personnel.--

    (1) The department shall establish a limited certification category for commercial landscape maintenance personnel to authorize them to apply herbicides for controlling weeds in plant beds and to perform integrated pest management on ornamental plants using the following materials: insecticides having the signal word "caution" but not having the word "warning" or "danger" on the label, insecticidal soaps, horticultural oils, and bacillus thuringiensis formulations. The application equipment that may be used by a person certified pursuant to this section is limited to portable, handheld 3-gallon compressed air sprayers or backpack sprayers having no more than a 5-gallon capacity and does not include power equipment.

    (2)(a) A person seeking limited certification under this section must pass an examination given by the department. Each application for examination must be accompanied by an examination fee set by the department, in an amount of not more than $150 or less than $50; however, until a rule setting this fee is adopted by the department, the examination fee is $50. Each person making application for certification under this section must furnish proof of having a certificate of insurance which states that the employer meets the requirements for minimum financial responsibility for bodily injury and property damage required by s. 482.071(4). To be eligible to take the examination, an applicant must have completed 8 classroom hours of plant bed and ornamental continuing education training approved by the department and provide sufficient proof, according to criteria established by department rule, that the applicant has been in the landscape maintenance business for at least 3 years.

    (b) The department shall provide the appropriate reference materials for the examination and make the examination readily accessible and available to applicants at least quarterly or as necessary in each county.

    (3) An application for recertification under this section must be made annually and be accompanied by a recertification fee set by the department, in an amount of not more than $75 or less than $25; however, until a rule setting this fee is adopted by the department, the fee for recertification is $25. The application must also be accompanied by proof of having completed 4 classroom hours of acceptable continuing education and the same proof of having a certificate of insurance as is required for initial certification. After a grace period not exceeding 30 calendar days following the annual date that recertification is due, a late renewal charge of $50 shall be assessed and must be paid in addition to the renewal fee. Unless timely recertified, a certificate automatically expires 180 calendar days after the anniversary recertification date. Subsequent to such expiration, a certificate may be issued only upon successful reexamination and upon payment of the examination fees due.

    (4) Certification under this section does not authorize:

    (a) Application of pesticides to turf;

    (b) Operation of a pest control business; or

    (c) The application of pesticides by unlicensed or uncertified personnel under the supervision of the certified person.

    (5) A person certified under this section shall maintain records documenting the pests and areas treated, plus the methods and materials applied for control of such pests, which records must be available for review by the department upon request.
  7. Grassmechanic

    Grassmechanic LawnSite Silver Member
    Posts: 2,697

    Federal law. Applies to all states.
  8. Scraper

    Scraper LawnSite Bronze Member
    Posts: 1,656

    Sure Federal Law applies to all States, but States can make their own laws that are at least as stringent as the adoptedf Federal Laws. Thus, each State is different. Federal laws also delegate pesticide regulations to the State.
  9. Grassmechanic

    Grassmechanic LawnSite Silver Member
    Posts: 2,697

    Federal laws are the MINIMUM. The EPA's basic law regarding pesticides is FIFRA. States have cooperative agreements with EPA to enforce provisions of FIFRA. Read FIFRA and tell me why my answer to M and T is incorrect.
  10. Scraper

    Scraper LawnSite Bronze Member
    Posts: 1,656

    First off, I am not going to read FIFRA again (although I am glad to see you know where your State got its regulatory autority from), I am up to date on my State's regulations and regulatory agenda. Secondly, you answered your own question. Federal Laws are the "minimum", thus if you don't know what Florida's state regulations are, then you have no purpose in responding to this post. Take a look at Greg Amman's post (note that he is from Florida which is the State where the original poster is from) instead of trying to defend your wrong answer.

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