another trick license question

Discussion in 'Pesticide & Herbicide Application' started by bobbygedd, Feb 9, 2004.

  1. bobbygedd

    bobbygedd LawnSite Fanatic
    from NJ
    Posts: 10,178

    ok, last year we had a debate on wether or not one needed a license to apply vinigar, or other non pesticide household products to control weeds. after checking with the d.e.p, i was astonished to find the answer was yes. now, another silly question: what if, you were using a torch(fire) to burn the weeds in the cracks of the walkway, as a means of controling them? would you need a pest permit to do this?
     
  2. SodKing

    SodKing LawnSite Bronze Member
    Posts: 1,648

    You would not. You are not applying any product to mitigate the pest. The flames also have no NRT so are not covered under FIFRA.
     
  3. mowerparts

    mowerparts LawnSite Member
    Posts: 110

    You need to check your states statutes. In Florida as I expect in most states that it says:

    REGULATION OF PROFESSIONS AND OCCUPATIONS Chapter 487
    PESTICIDES View Entire Chapter

    487.031 Prohibited acts.--It is unlawful:

    (1) For any person to engage in the application of restricted-use pesticides, except as defined in chapters 388 and 482, without a certified applicator's license issued by the department unless such person is doing so under the direct supervision of a licensee.
    LINK: http://www.flsenate.gov/Statutes/in.../SEC031.HTM&Title=->2003->Ch0487->Section 031


    Pesticide Certification Section

    Pesticide Applicator License
    Restricted use pesticide applicator licenses are available to certified individuals to allow for the purchase and use of restricted use pesticides on agricultural and related sites, such as farms, plant nurseries, forests, ornamentals and turfs not associated with structures (such as golf courses and parks), and highway right-of-ways, etc

    LINK: http://www.doacs.state.fl.us/onestop/aes/pestapp.html

    To use exempted products no license is required.
     
  4. SodKing

    SodKing LawnSite Bronze Member
    Posts: 1,648

    That statute deals with restricted-use pesticides but general, non-restriced use\prohibited use, pesticides also require a license to apply in a for hire situation.
     
  5. KenH

    KenH LawnSite Bronze Member
    from CT
    Posts: 1,622

    Once you use something to control a pest, it, by default, becomes a pesticide. If you in turn are doing this for hire, then, by law (in CT) you need a liscense.
     
  6. GroundKprs

    GroundKprs LawnSite Bronze Member
    Posts: 1,969

    If you're in business using pesticides, you should learn from the beginning about your status. The top of the pile on pesticide licensing is the Federal Insecticide, Fungicide, Rodenticide Act (FIFRA). Read definitions on "pest" and "pesticide" at TITLE 7 > CHAPTER 6 > SUBCHAPTER II > Sec. 136.

    You will see under the "pesticide" definition that "substances" are controlled by the legislation. There is no attempt to regulate MECHANICAL control of pests.

    In most states, fire is considered a mechanical control of weeds, and does not fall under pesticide regulations - BUT BE SURE TO CHECK WITH YOUR OWN STATE REGULATORS. (In FLA, hot water is regulated by pest control agency in controlling fire ants.)

    All pest controls are NOT considered pesticides! Is a mole trap a pesticide?
     
  7. DUSTYCEDAR

    DUSTYCEDAR LawnSite Fanatic
    from PA
    Posts: 5,134

    bobby u will get a citation for open burning LOL:blob2:
     
  8. bobbygedd

    bobbygedd LawnSite Fanatic
    from NJ
    Posts: 10,178

    well, i had no intention of burning the weeds. i use herbicides. i was just curious, because i was flipping through a magazine, and saw a guy burning them with a torch. i do believe this falls under the category of mechanical weed control. but, u never know. and watch the use of the mole traps, it may fall under "exterminating", and i'm sure they have a license for that
     
  9. SodKing

    SodKing LawnSite Bronze Member
    Posts: 1,648

    it was an excellent question Bobby. It stirs up our brains and makes us think.
     
  10. mowerparts

    mowerparts LawnSite Member
    Posts: 110

    [That statute deals with restricted-use pesticides but general, non-restriced use\prohibited use, pesticides also require a license to apply in a for hire situation.]

    Can you show me where it says that? I can not find it anywhere!
     

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